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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-499

======================================================================



 
      PROVIDING FOR CONSIDERATION OF H.R. 4200, NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 2005

                                _______
                                

May 19 (legislative day, May 18), 2004.--Referred to the House Calendar 
                       and ordered to be printed

                                _______
                                

    Ms. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 648]

    The Committee on Rules, having had under consideration 
House Resolution 648, 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 consideration of H.R. 4200, the 
National Defense Authorization Act for Fiscal Year 2005, under 
a structured rule. The rule provides two hours of general 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Armed Services. The 
rule waives all points of order against consideration of the 
bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Armed Services now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment and shall be considered as read. The 
rule waives all points of order against the amendment in the 
nature of a substitute recommended by the Committee on Armed 
Services.
    The rule makes in order only those amendments printed in 
this report and amendments en bloc described in section 3 of 
the resolution. The rule provides that amendments shall be 
considered only in the order specified in this report (except 
as specified in section 4 of the resolution), may be offered 
only by a Member designated in this report, shall be debatable 
for 10 minutes (unless otherwise specified in this report) 
equally divided and controlled by the proponent and an 
opponent, 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), 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 waives all points of order against the 
amendments printed in this report and those amendments en bloc 
as described in section 3 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 not earlier disposed of, 
which shall be considered as read, shall be debatable for 20 
minutes equally divided and controlled by 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 in the House or in the 
Committee of the Whole. The rule provides 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 Committee on Armed Services or a 
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. 259

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment by Representative Cooper 
to authorize supplemental appropriations in the amount of $67.7 
billion to pay for the wars in Iraq and Afghanistan. Replaces 
language in the committee reported bill that authorizes $25 
billion, but preserves funding for force protection, additional 
troops, and unfunded requirements included in the bill as 
reported.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 260

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and grant the 
appropriate waivers for an amendment by Representative Loretta 
Sanchez repealing Article 120 of the Uniformed Code of Military 
Justice and replaces it with a sexual abuse statute patterned 
on 18 U.S.C. Sec. Sec. 2241-2247.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 261

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Dicks establishing minimum standards in the treatment of 
detainees during imprisonment and interrogation. Applies to 
personnel of the Department of Defense and Central Intelligence 
Agency, and their contractors. Prohibits sexual humiliation, 
prolonged enforced nudity, prolonged hooding, animal violence, 
chronic prolonged sleep deprivation, simulated drowning, and 
practices that clearly violate Common Article 3 of the Geneva 
Conventions.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 262

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Slaughter allowing individuals to apply for benefits under the 
Energy Employees Occupational Illness Compensation Act if they 
developed covered illnesses and worked at facilities that the 
National Institute of Occupational Safety and Health (NIOSH) 
has found the potential for significant residual contamination 
(NIOSH's November 2003 report). Requires NIOSH to update the 
residual contamination report in 2005, 2006, 2007 for sites 
where NIOSH has indicated it lacked sufficient information to 
reach conclusions.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 263

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and grant the 
appropriate waivers to the amendment by Representative Spratt 
providing $414.4 million for targeted pay raises, reimbursement 
of life insurance premiums for service members that are in 
imminent danger, three Marine Corps' troop protection unfunded 
requirements, and improvements to the PAC-3 ballistic missile 
defense system. Offset by targeted cuts to four ballistic 
missile defense program elements, the Ground-based Midcourse 
Defense system, BMD Products, BMD Technology, and the BMD 
Systems Interceptor.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 264

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Matheson providing that the United States may not resume 
testing of nuclear weapons or any other nuclear explosive 
devices unless authorized by Congress.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 265

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Waters providing that the Secretary of Defense shall take such 
steps as necessary to (1) require and encourage any member of 
the Armed Forces who sees, hears, or otherwise learns of 
anything that may be a violation of United States law, the 
Geneva Conventions, or Department of Defense interrogation 
policies and practices to report the matter to the member's 
superiors and (2) to provide that any such member who makes 
such a report does not suffer any adverse consequence, 
including any reduction in rank or pay, any loss of promotion 
authority, or any adverse duty assignment, by reason of making 
the report.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 266

    Date: May 19, 2004 (legislative day of May 18, 2004).
    Measure: H.R. 4200--National Defense Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Hoeffel expressing the sense of Congress that the mobilization 
of additional troops in Iraq is necessary and that the United 
States should seek further involvement from international 
coalitions in establishing security in Iraq. Urges the 
enagement of NATO and the Arab League for that purpose.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--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. Goode: Authorizes the Secretary of Defense to assign 
members of the Army, Navy, Air Force, and Marine Corps, under 
certain cicumstances and subject to certain conditions, to 
assist the Department of Homeland Security in the performance 
of border protection functions. (20 Minutes)
    2. Davis, Susan (CA): Repeals the prohibition on 
servicewomen and female military dependents from using their 
own funds for abortions at overseas military hospitals. (20 
Minutes)
    3. Hunter: Expresses the sense of Congress concerning the 
abuse of persons in custody in Iraq. (20 Minutes)
    4. Weldon, Curt (PA)/Murtha: Expresses the sense of 
Congress that the Secretary of Defense should assist the Iraqi 
government in destroying the Abu Gharib prison and replacing it 
with a modern detention facility. Includes findings on the 
history of Abu Gharib prison. (20 Minutes)
    5. Meek: Moves mission-critical information from the 
commissioning authority up to the highest levels in short order 
when that information portends events or situations detrimental 
to our strategic plan. Requires that the Secretary give 
guidance to all Department of Defense personnel with authority 
to commission assessments, evaluations, or investigations on 
what types of information would be necessary to pass up the 
chain of command. The guidance would specifically target those 
items of such potentially volatile nature as to give even the 
layman a reason to raise a red flag. (20 Minutes)
    6. Hastings, Alcee (FL): Expresses the sense of Congress 
that no funds available to any department or agency of the 
United States Government may be used to provide assistance for 
the reconstruction of Iraq unless the President certifies to 
Congress that the United States Government has entered into an 
agreement with the Iraqi Governing Council or a transitional 
government in Iraq under which Iraq agrees that it will expend 
a significant portion of its revenues generated from oil 
production for reconstruction activities in Iraq. (20 Minutes)
    7. Jones, Walter (NC): Adds the United States Coast Guard 
Academy and the United States Merchant Marine Academy to the 
list of institutions covered under section 556 of H.R. 4220 
regarding prayer at military service academies. (20 Minutes)
    8. Kennedy, Mark (MN): Eliminates the 2-year BRAC delay 
contained in H.R. 4200. Requires certain reports be submitted 
to Congress approximately six months before any potential vote 
to disapprove the recommendations of the BRAC Commission in 
order to review and hold hearings on the report. (20 Minutes)
    9. Tauscher/Markey/Skelton/Dicks/Allen/Spratt: Transfers 
$36,557,000 from the Department of Energy's Robust Nuclear 
Earth Penetrator and Advanced Concepts programs to increase 
both intelligence capabilities to get at hard and deeply buried 
targets and improve conventional bunker-busting capabilities. 
(20 Minutes)
    10. Hunter: Provides that individuals that support programs 
of the ``Employer Support of the Guard and the Reserve,'' as 
authorized by the Secretary of Defense, are to be considered 
federal employees for the purposes of protection under various 
federal laws, requires a report before the Secretary implements 
a new program for the transportation of household goods of 
members of the Armed Forces, and their dependents, increases 
the transfer authority contained in the FY 2004 Defense 
Authorization Act from $2.5 billion to $3.0 billion, increases 
funding, with offsets, for Patriot missile procurement, 
requires a report from the Secretary of Defense on amounts 
remitted and reimbursed under section 1007 of the FY 2004 
Defense Authorization Act, makes the provision in Title 15 in 
HR 4200, as reported, effective upon enactment, and makes a 
technical cite correction. (10 Minutes)
    11. Wamp: Makes following changes to Energy Employees 
Occupational Illness Compensation Program: (1) Eliminates pay 
cap for physicians and lets the market set the rate; (2) 
Eliminates restrictions on hiring authority, allowing 
Department of Energy to hire a federal or contractor employee; 
(3) Eliminates the requirement that an application can only go 
to Panel if a State agreement is in place, but still authorizes 
State agreements which Department of Energy will still use for 
data and information exchanges (10 Minutes)
    12. Dicks: Clarifies provisions in the bill relating to 
tanker procurement. Recommends a deadline of March 1, 2005 for 
the Department of Defense to resolve contract negotiations on 
tankers. (10 Minutes)
    13. Hastings, Doc (WA): Restores $100 million to the 
Department of Energy's Defense Site Acceleration Completion 
account for a total of $350 million (the President's budget 
request level) for ``Waste Incidental to Reprocessing.'' 
Offsets with a reduction in Air Force Operation and Maintenance 
Account of $100 million, to be derived from the transportation 
capital fund. (10 Minutes)
    14. Slaughter/Capito/Solis/Brown-Waite: Requires the 
Secretary of Defense to develop a comprehensive policy for the 
Department of Defense on the prevention of and response to 
sexual assaults involving members of the Armed Forces, based on 
the recommendations of the DoD Task Force on Care for Victims 
of Sexual Assaults and on such other matters as the Secretary 
considers appropriate. Requires DoD to take related measures to 
address sexual assaults involving members of the Armed Forces, 
such as reporting on improvement of capability to respond to 
sexual assaults, application of the comprehensive policy to the 
military departments, modification of policies and procedures 
of military departments, annual assessment of policies and 
procedures, and annual reports. (10 Minutes)
    15. Maloney: Directs the Secretary of Defense to eliminate 
the backlog in forensic evidence collection kits and to provide 
an adequate supply of forensic evidence collection kits at all 
domestic and overseas U.S. military installations, military 
academies, and theaters of operation. (10 Minutes)
    16. Chabot: Requires that sureties would be treated in the 
same manner as financing institutions when contractors default. 
(10 Minutes)
    17. Manzullo: Allows procurement officials within the 
Department of Defense to include the creation of jobs in the 
United States as an evaluation factor. (10 Minutes)
    18. Davis, Danny (IL): Authorizes landscaping services and 
pest control for inclusion in the Comp Demonstration program. 
(10 Minutes)
    19. Weldon, Curt (PA): Permits the firefighter's Federal 
Excess Property Program, administered by the U.S. Forest 
Service, to screen Department of Defense excess property at the 
same level of law enforcement, defense contractors, defense-
related organizations, and humanitarian services for combating 
forest fires and other fire suppression purposes. (10 Minutes)
    20. Brown, Henry (SC): Expands the Department of Defense 
Excess Personal Property Disposal Program to include health 
agencies. Provides that property transfer could only take place 
if the property in question was excess to the needs of DoDand 
suitable for use in providing fire and emergency services or responding 
to health or environmental emergencies. (10 Minutes)
    21. Brown, Henry (SC): Requires the Secretary of Defense, 
when submitting a budget request for construction of a military 
medical treatment facility, to certify that the facility was 
evaluated, with the consultation of the Secretary of Veterans 
Affairs, for the feasibility of establishing a joint DoD-VA 
medical facility. Also requires the Secretary of Veterans 
Affairs, when proposing construction of a new or replacement 
medical facility, to certify that the facility was evaluated, 
with the consultation of the Secretary of Defense, for the 
feasibility of establishing a joint DoD-VA medical facility. 
(10 Minutes)
    22. Johnson, Timothy (IL): Provides authority for removal 
of remains of certain persons interred in United States 
Military Cemeteries overseas. Provides that applications made 
to the Department of Defense may be approved only if the 
application presents sufficient evidence that at the time of 
the initial disposition decision, there was a misunderstanding 
or error related to that disposition decision that the 
Secretary finds warrants approval of the application. Provides 
that no costs associated with the removal and transportation of 
remains provided for may be paid by the United States. Provides 
a two-year time limit to submit an application from the date of 
enactment. (10 Minutes)
    23. Baird: Requires the Secretary of Defense to study 
various aspects--including availability, accessibility, cost 
and effectiveness--of mental health services available to U.S. 
military personnel deployed to combat theaters. Requires 
Secretary of Defense to submit results of the study, including 
a section detailing changes that should be made and problems/
obstacles that need to be addressed, within 90 days of 
enactment. (10 Minutes)
    24. Hefley: Specifies that the Board of Visitors to the 
United States Air Force Academy shall be made up of the 
Chairman of the Committee on Armed Services of the U.S. Senate 
or his designee; 3 persons (2 Senators and 1 nonmember of the 
Senate) to be designated by the Vice President or the President 
Pro Tempore of the Senate; the Chairman of the Committee on 
Armed Services in the House or his designee; 4 persons (3 U.S. 
Representatives and 1 nonmember of the U.S. House) to be 
designated by the Speaker of the House; 6 persons designated by 
the President of the United States (2 of whom shall be U.S. Air 
Force Academy Graduates). Provides the Board Chairman the 
discretion to remove Board members for failing to attend two 
consecutive meetings without good cause or advanced notice. 
Recommends the Board meet at least four times annually. 
Requires the Secretary of the Air Force and the Superintendent 
to provide the Board necessary access to Academy grounds, the 
cadets, faculty, and staff to fulfill its duties. Requires the 
Board to submit a written report within 30 days of any meeting 
to the Secretary of Defense,Secretary of the Air Force, and 
both the House and Senate Committees on Armed Services. (10 Minutes)
    25. Ryun, Jim (KS)/Bordallo: Requires the Secretary of 
Defense to initiate senior officer official educational and 
training programs with Taiwan. Specifies that the exchanges 
would focus on the defense of Taiwan against a potential 
submarine attack and potential missile attack, and would also 
include activities related to civil-military relations, 
including parliamentary relations. (10 Minutes)
    26. Flake/Weldon (PA)/Boradallo/Simmons/Franks/Jones (NC)/
Wilson (SC): Corrects an Army regulation that requires South 
Korea-based combat troops to be involved in 5 firefights in 
order to qualify for their combat recognition medals (the 
Combat Infantry Badge and the Combat Medical Badge). For troops 
everywhere else, the requirement is 1 firefight. Normalizes the 
rules without respect to where the troops are serving. (10 
Minutes)
    27. Shimkus: Allows the Secretary of the Army to establish 
a Combat Service Recognition Ribbon to recognize participation 
in combat by members of the Army, regardless of branch. 
Qualifications would be similar to that of the Navy Combat 
Action Ribbon, but would be made by the Secretary of the Army. 
Sets up a recognition ribbon for every member of the Army that 
is involved in combat that meets the criteria to receive the 
Combat Service Ribbon; currently only infantrymen and medics 
are eligible to receive a combat badge in the Army. (10 
Minutes)
    28. Smith, Adam (WA): Allows the Department of Defense, 
Nisqually Tribe, and Bonneville Power Administration to 
complete their agreement to move power lines currently crossing 
the Nisqually Indian Reservation to land on the Fort Lewis Army 
base. Provides that the Tribe will purchase 416 non-federal 
land holdings on the base and transfer those lands to the 
Defense Department, while DoD will transfer 168 acres of land 
into trust to the Secretary of the Interior for the Nisqually 
Indian Tribe. (10 Minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Goode of Virginia, or 
                 His Designee, Debatable for 20 Minutes

  At the end of title X, insert the following new section:

SEC. __. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER SECURITY AND 
                    BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES OF 
                    THE DEPARTMENT OF HOMELAND SECURITY.

  (a) Assignment Authority of Secretary of Defense.--Chapter 18 
of title 10, United States Code, is amended by inserting after 
section 374 the following new section:

``Sec. 374a. Assignment of members to assist border patrol and control

  ``(a) Assignment Authorized.--Upon submission of a request 
consistent with subsection (b), the Secretary of Defense may 
assign members of the Army, Navy, Air Force, and Marine Corps 
to assist--
          ``(1) the Bureau of Border Security of the Department 
        of Homeland Security in preventing the entry of 
        terrorists, drug traffickers, and illegal aliens into 
        the United States; and
          ``(2) the United States Customs Service of the 
        Department of Homeland Security in the inspection of 
        cargo, vehicles, and aircraft at points of entry into 
        the United States to prevent the entry of weapons of 
        mass destruction, components of weapons of mass 
        destruction, prohibited narcotics or drugs, or other 
        terrorist or drug trafficking items.
  ``(b) Request for Assignment.--The assignment of members 
under subsection (a) may occur only if--
          ``(1) the assignment is at the request of the 
        Secretary of Homeland Security; and
          ``(2) the request is accompanied by a certification 
        by the Secretary of Homeland Security that the 
        assignment of members pursuant to the request is 
        necessary to respond to a threat to national security 
        posed by the entry into the United States of 
        terrorists, drug traffickers, or illegal aliens.
  ``(c) Training Program Required.--The Secretary of Homeland 
Security and the Secretary of Defense, shall establish a 
training program to ensure that members receive general 
instruction regarding issues affecting law enforcement in the 
border areas in which the members may perform duties under an 
assignment under subsection (a). A member may not be deployed 
at a border location pursuant to an assignment under subsection 
(a) until the member has successfully completed the training 
program.
  ``(d) Conditions of Use.--(1) Whenever a member who is 
assigned under subsection (a) to assist the Bureau of Border 
Security or the United States Customs Service is performing 
duties at a border location pursuant to the assignment, a 
civilian law enforcement officer from the agency concerned 
shall accompany the member.
  ``(2) Nothing in this section shall be construed to--
          ``(A) authorize a member assigned under subsection 
        (a) to conduct a search, seizure, or other similar law 
        enforcement activity or to make an arrest; and
          ``(B) supersede section 1385 of title 18 (popularly 
        known as the `Posse Comitatus Act').
  ``(e) Establishment of Ongoing Joint Task Forces.--(1) The 
Secretary of Homeland Security may establish ongoing joint task 
forces if the Secretary of Homeland Security determines that 
the joint task force, and the assignment of members to the 
joint task force, is necessary to respond to a threat to 
national security posed by the entry into the United States of 
terrorists, drug traffickers, or illegal aliens.
  ``(2) If established, the joint task force shall fully comply 
with the standards as set forth in this section.
  ``(f) Notification Requirements.--The Secretary of Homeland 
Security shall provide to the Governor of the State in which 
members are to be deployed pursuant to an assignment under 
subsection (a) and to local governments in the deployment area 
notification of the deployment of the members to assist the 
Department of Homeland Security under this section and the 
types of tasks to be performed by the members.
  ``(g) Reimbursement Requirement.--Section 377 of this title 
shall apply in the case of members assigned under subsection 
(a).
  ``(h) Termination of Authority.--No assignment may be made or 
continued under subsection (a) after September 30, 2006.''.
  (b) Commencement of Training Program.--The training program 
required by subsection (c) of section 374a of title 10, United 
States Code, as added by subsection (a), shall be established 
as soon as practicable after the date of the enactment of this 
Act.
  (c) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 374 the following new item:

``374a. Assignment of members to assist border patrol and control.''.
                    ____________________________________________________

2. An Amendment To Be Offered by Representative Davis of California, or 
                 Her Designee, Debatable for 20 Minutes

  Add at the end of title VII the following new section:

SEC. 723. LIMITING RESTRICTION OF USE OF DEPARTMENT OF DEFENSE MEDICAL 
                    FACILITIES TO PERFORM ABORTIONS TO FACILITIES IN 
                    THE UNITED STATES.

  Section 1093(b) of title 10, United States Code, is amended 
by inserting ``in the United States'' after ``Defense''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Hunter of California, 
               or His Designee, Debatable for 20 Minutes

  At the end of subtitle A of title XII (page 424, after line 
12), insert the following new section:

SEC. __. SENSE OF CONGRESS CONCERNING THE ABUSE OF PERSONS IN CUSTODY 
                    IN IRAQ.

  It is the sense of Congress that--
          (1) the abuses inflicted upon detainees at the Abu 
        Ghraib prison in Baghdad, Iraq, are offensive to the 
        principles and values of the American people and the 
        United States military, are incompatible with the 
        professionalism, dedication, standards and training 
        required of individuals who serve in the United States 
        military, and contradict the policies, orders, and laws 
        of the United States and the United States military and 
        undermine the ability of the United States military to 
        achieve its mission in Iraq.
          (2) the vast majority of members of the Armed Forces 
        have upheld the highest possible standards of 
        professionalism and morality in the face of illegal 
        tactics and terrorist attacks and attempts on their 
        lives.
          (3) the abuse of persons in United States custody in 
        Iraq is appropriately condemned and deplored by the 
        American people;
          (4) the Armed Forces are moving swiftly and 
        decisively to identify, try, and punish persons who 
        were responsible or culpable for such abuse;
          (5) the Secretary of the Army must continue to 
        conduct a full and thorough investigation into any and 
        all allegations of mistreatment or abuse of detainees 
        in Iraq;
          (6) the Secretary of the Army and appropriate 
        military authorities must continue to undertake 
        corrective action to address chain of command 
        deficiencies and the systemic deficiencies identified 
        in the incidents in question;
          (7) the American principle and tradition of affording 
        proper and humane treatment to persons under the 
        custody of the United States Armed Forces must be 
        reaffirmed;
          (8) the alleged crimes of a handful of individuals 
        should not detract from the commendable sacrifices of 
        over 300,000 members of the United States Armed Forces 
        who have served, or who are serving, in Operation Iraqi 
        Freedom; and
          (9) the United States expresses its continuing 
        solidarity and support for its partnership with the 
        Iraqi people in building a viable Iraqi government and 
        a secure nation.
                              ----------                              


4. An Amendment To Be Offered by Representative Weldon of Pennsylvania, 
               or His Designee, Debatable for 20 Minutes

  At the end of subtitle A of title XII (page 424, after line 
12), insert the following new section:

SEC. 12__. SENSE OF CONGRESS ON DESTRUCTION OF ABU GHRAIB PRISON IN 
                    IRAQ.

  (a) Findings.--Congress makes the following findings:
          (1) Under the regime of Saddam Hussein, the Abu 
        Ghraib prison in Iraq was one of the world's most 
        notorious prisons.
          (2) Under that regime, as many as 50,000 men and 
        women were jammed into the prison at one time in 12 
        feet by 12 feet cells.
          (3) Under that regime, many people were tortured and 
        executed in the Abu Ghraib prison.
          (4) Recent activities have further highlighted the 
        horrible memories that Abu Ghraib stands for.
  (b) Sense of Congress.--It is the sense of the Congress that 
the Secretary of Defense should assist the Iraqi Government, 
with the approval of that government, in destroying the Abu 
Ghraib prison and replacing it with a modern detention 
facility.
                              ----------                              


5. An Amendment To Be Offered by Representative Meek of Florida, of His 
                   Designee, Debatable for 20 Minutes

  At the end of title IX (page 348, after the matter following 
line 21), insert the following new section:

SEC. 9__. SECRETARY OF DEFENSE GUIDANCE ON IDENTIFICATION AND INTERNAL 
                    TRANSMISSION OF CRITICAL INFORMATION.

  (a) Defense Guidance.--The Secretary of Defense shall 
establish criteria for determining the types of critical 
information required to be made known expeditiously to senior 
decision makers in the Department of Defense. The types of 
information specified should be matters of extraordinary 
significance and potential strategic impact and should be 
immediately necessary to facilitate timely information 
management in the high-level, decision-making process affecting 
successful mission accomplishment. The Secretary may from time 
to time modify the list to suit the current strategic 
situation, as necessary. The Secretary should provide to the 
Secretaries of the military departments, the commanders of 
deployed forces, and other elements of the Department of 
Defense guidance for the purposes of identifying those critical 
information requirements.
  (b) Matters To Be Included.--The guidance under subsection 
(a) shall include, at a minimum, requirement for identification 
of the following:
          (1) Any incident that may require a military 
        contingency based on the incident's nature, gravity, or 
        potential for significant adverse consequences to 
        United States citizens, military personnel, or assets, 
        including an incident that provides opportunities for 
        significant adverse publicity of a nature that could 
        have a strategic impact.
          (2) Any event, development, or situation that can be 
        reasonably assumed to escalate into a significant 
        adverse incident described in paragraph (1).
          (3) Any deficiency or error in policy, standards, or 
        training that can be reasonably assumed to foster 
        significant adverse incidents described in paragraph 
        (1).
  (c) Policy for Transmission of Information to OSD.--The 
Secretary of Defense shall establish a policy for the 
transmission from any element of the Department of Defense as 
expeditiously as possible to the Secretary of Defense and the 
Joint Chiefs of Staff of any report, assessment, or evaluation 
commissioned from any level within the Department of Defense 
that results in the identification of any of the items on the 
list required by subsection (a). As part of that policy, the 
Secretary should establish a timetable for transmission of any 
such report, assessment, or evaluation to the responsible major 
command upon receipt of the final document by the commissioning 
authority.
  (d) Time for Issuance of Guidance.--The Secretary of Defense 
shall establish the list required by subsection (a) and issue 
the guidance required by that subsection not later than 90 days 
after the date of the enactment of this Act.
                              ----------                              


6. An Amendment To Be Offered by Representative Hastings of Florida, or 
                 His Designee, Debatable for 20 Minutes

    At the end of subtitle A of title XII (page 424, after line 
12), insert the following new section:

SEC. __. SENSE OF CONGRESS REGARDING LIMITATION ON USE OF FUNDS FOR THE 
                    RECONSTRUCTION OF IRAQ.

    It is the sense of Congress that--
        No funds available to any department or agency of the 
        United States Government may be used to provide 
        assistance for the reconstruction of Iraq unless the 
        President certifies to Congress that the United States 
        Government has entered into an agreement with the Iraqi 
        Governing Council or a transitional government in Iraq 
        under which Iraq agrees that it will expend a 
        significant portion of its revenues generated from oil 
        production for reconstruction activities in Iraq.
                              ----------                              


    7. An Amendment To Be Offered by Representative Jones of North 
          Carolina, or His Designee, Debatable for 20 Minutes

  At the end of section 556(b) (page 164, after line 17), 
insert the following new paragraphs:
          (4) The United States Coast Guard Academy.
          (5) The United States Merchant Marine Academy.
                              ----------                              


 8. An Amendment To Be Offered by Representative Kennedy of Minnesota, 
               or His Designee, Debatable for 20 Minutes

  Strike section 2821 (page 514, beginning line 19) and insert 
the following new section:

SEC. 2821. PREPARATION OF REPORTS AS PART OF 2005 BASE CLOSURE ROUND 
                    REGARDING FUTURE INFRASTRUCTURE REQUIREMENTS FOR 
                    THE ARMED FORCES.

  Section 2912 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), as added by section 3001 of the National Defense 
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
Stat. 1342), is amended by adding at the end the following new 
subsection:
  ``(e) Infrastructure-Related Reports.--
          ``(1) Required reports.--The Secretary shall prepare 
        the following reports related to infrastructure 
        requirements for the Armed Forces:
                  ``(A) A report containing the Integrated 
                Global Presence and Basing Strategy of the 
                Department of Defense, including the location 
                of long-term overseas installations, 
                installations to be used for rotational 
                purposes, and forward operating locations, 
                anticipated rotational plans and policies, and 
                domestic and overseas infrastructure 
                requirements associated with the strategy.
                  ``(B) A report describing the anticipated 
                infrastructure requirements associated with the 
                probable end-strength levels and major military 
                force units (including land force divisions, 
                carrier and other major combatant vessels, air 
                wings, and other comparable units) for each of 
                the Armed Forces resulting from force 
                transformation.
                  ``(C) A report describing the anticipated 
                infrastructure requirements related to expected 
                changes in the active component versus reserve 
                component personnel mix of the Armed Forces.
                  ``(D) A report describing the anticipated 
                infrastructure requirements associated with the 
                so-called `10-30-30 objective' of the Secretary 
                to ensure that military forces are capable of 
                deployment overseas within 10 days in 
                sufficient strength to defeat an enemy within 
                30 days and be ready for redeployment within 30 
                days after the end of combat operations.
                  ``(E) A report containing the results of a 
                complete reassessment of the infrastructure 
                necessary to support the force structure 
                described in the force-structure plan prepared 
                under paragraph (1) of subsection (a) and 
                describing any resulting excess infrastructure 
                and infrastructure capacity, which were 
                previously required by paragraph (2) of such 
                subsection. The reassessment shall be based on 
                actual infrastructure, facility, and space 
                requirements for the Armed Forces rather than a 
                comparative study between 1989 and 2003.
                  ``(F) A report describing the anticipated 
                infrastructure requirements associated with the 
                assessment prepared by the Secretary pursuant 
                to section 2822 of the National Defense 
                Authorization Act for Fiscal Year 2004 (Public 
                Law 108-136; 117 Stat. 1726), in which Congress 
                required the Secretary to assess the probable 
                threats to national security and determine the 
                potential, prudent, surge requirements for the 
                Armed Forces and military installations to meet 
                those threats.
          ``(2) Time for submission of reports.--The Secretary 
        shall submit the reports required by paragraph (1) to 
        the congressional defense committees at the same time 
        as the Secretary transmits the recommendations for the 
        closure or realignment of military installations under 
        section 2914(a).''.
                              ----------                              


9. An Amendment To Be Offered by Representative Tauscher of California, 
               or Her Designee, Debatable for 20 Minutes

  At the end of title II, insert the following new section:

SEC. 2__. ADDITIONAL AMOUNTS FOR ORDNANCE TECHNOLOGY AND FOR STRATEGIC 
                    CAPABILITY MODERNIZATION.

  (a) Air Force Conventional Munitions.--The amount in section 
201(3) for research, development, test, and evaluation for the 
Air Force is hereby increased by $25,000,000, of which--
          (1) $10,000,000 is to be available in program element 
        0602602F, Conventional Munitions, for ordnance 
        technology applicable to defeat of weapons of mass 
        destruction and hardened, deeply buried targets; and
          (2) $15,000,000 is to be available in program element 
        0603601F, Conventional Weapons Technology, for ordnance 
        technology applicable to defeat of weapons of mass 
        destruction and hardened, deeply buried targets.
  (b) Defense-Wide Strategic Capability Modernization.--The 
amount in section 201(4) for research, development, test, and 
evaluation, Defense-wide, is hereby increased by $11,557,000, 
to be available for program element 0603910D8Z, Strategic 
Capability Modernization.
  (c) Offset.--The amount in section 3101(a)(1) for weapons 
activities is hereby reduced by $36,557,000, of which--
          (1) $27,557,000 is to be derived from the Stockpile 
        Services Robust Nuclear Earth Penetrator study; and
          (2) $9,000,000 is to be derived from the Stockpile 
        Services Advanced Concepts program.
                              ----------                              


10. An Amendment To Be Offered by Representative Hunter of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of title X (page 409, after line 13), insert the 
following new section:

SEC. __. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES.

  Section 1588 of title 10, United States Code, is amended--
          (1) in subsection (a), by adding at the end the 
        following new paragraph:
          ``(8) Voluntary services to support programs of a 
        committee of the Employer Support of the Guard and 
        Reserve as authorized by the Secretary of Defense.''; 
        and
          (2) in subsection (f)(1), by inserting ``and (a)(8)'' 
        before the period at the end.
  At the end of subtitle G of title X (page 385, after line 
10), insert the following new section:

SEC. __. PHASED IMPLEMENTATION OF NEW PROGRAM FOR TRANSPORTING 
                    HOUSEHOLD GOODS OF MEMBERS OF THE ARMED FORCES.

  The Secretary of Defense may not implement the new program 
for the transportation of household goods of members of the 
Armed Forces and their dependents beyond phase I of the 
program, which includes the testing of electronic bill 
processing at 14 sites, until the Secretary submits to Congress 
a report evaluating whether Phase I met its objectives and 
whether it is in the best interest of the Department of Defense 
and members of the Armed Forces to move forward to Phase II of 
the program.
  In section 1001(b)(3) (page 350, line 5), strike ``section 
1522'' and insert ``section 1519''.
  At the end of subtitle A of title X (page 358, after line 2), 
insert the following new sections:

SEC. __. FISCAL YEAR 2004 TRANSFER AUTHORITY.

  Section 1001(a)(2) of the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1582) is 
amended by striking ``$2,500,000,000'' and inserting 
``$3,000,000,000''.

SEC. __. REPORT ON AMOUNTS REMITTED AND REIMBURSED DURING FISCAL YEAR 
                    2004 UNDER SECTION 1007 OF PUBLIC LAW 108-136.

  Not later than 30 days after the end of fiscal year 2004, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on amounts remitted and reimbursed during 
fiscal year 2004 under section 1007 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
Stat. 1585; 10 U.S.C. 2241 note).
  Page 393, line 17, insert ``by striking'' after ``is 
amended''.
  Page 456, line 20, insert after ``title'' the following: 
``are available upon the enactment of this Act and''.
  At the end of title I (page 27, after line 10), insert the 
following new section:

SEC. 1__. ADDITIONAL AMOUNT FOR PATRIOT MISSILE PROCUREMENT.

  (a) Additional Amounts.--The amount in section 101 for Army 
procurement, missiles, is hereby increased by $90,000,000, to 
be available for Patriot missiles.
  (b) Offsetting Reductions.--(1) The amount in section 101 for 
Other Support Space Programs is hereby decreased by 
$27,000,000, to be derived from Titan Space Boosters (SPACE).
  (2) The amount in section 301(4) for operation and 
maintenance, Air Force, is hereby reduced by $15,000,000, to be 
derived from the transportation working capital fund.
  (3) The amount in section 201(4) for research, development, 
test, and evaluation, defense-wide, is hereby reduced by 
$48,000,000, to be derived from the Ballistic Missile Defense 
System Interceptor program element (PE 63886C).
  At the end of subtitle A of title II (page 28, after line 
14), insert the following new section:

SEC. 2__. PROGRAM INCREASES.

  (a) Nano-composite Hard-coat for Aircraft Canopies.--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 Nano-composite hard-coat for aircraft 
canopies in Program Element 0205633N.
  (b) Command-and-Control Service Level Management.--The amount 
provided in section 201(3) for research development, test and 
evaluation, Air Force, is hereby increased by $5,000,000, to be 
available for command-and-control service level management in 
Program Element 0207443F for best-commercial practices and 
enterprise wide architectures for military command-and-control 
applications.
  At the end of subtitle A of title III (page 43, after line 
3), insert the following new section:

SEC. 3__. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATIONS AND 
                    MAINTENANCE.

  The amount authorized to be appropriated in section 301(4) is 
hereby reduced by $10,000,000, to be derived from the 
transportation working capital fund.
  Strike section 215 (page 36, lines 1 through 9).
  Strike section 2818 (page 514, lines 1 through 16) and insert 
the following new section:

SEC. 2818. REPORT ON FEASIBILITY OF VETERANS MEMORIAL AT MARINE CORPS 
                    AIR STATION, EL TORO, CALIFORNIA.

  Not later than 30 days after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to Congress a 
report on whether the City of Irvine's anticipated future uses 
of the former MCAS El Toro property would permit the 
establishment and maintenance of a veterans memorial at no cost 
to the Federal Government.
                              ----------                              


11. An Amendment To Be Offered by Representative Wamp of Tennessee, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title XXXI of the bill (page 556, after line 
10), add the following new section:

SECTION 3134. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                    COMPENSATION PROGRAM.

  (a) State Agreements.--Section 3661 of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7385o) is amended--
          (1) in subsection (b) by striking ``Pursuant to 
        agreements under subsection (a), the'' and inserting 
        ``The'';
          (2) in subsection (c) by striking ``provided in an 
        agreement under subsection (a), and if''; and
          (3) in subsection (e) by striking ``If provided in an 
        agreement under subsection (a)'' and inserting ``If a 
        panel reports a determination under subsection 
        (d)(5)''.
  (b) Selection of Panel Members.--Section 3661 of that Act (42 
U.S.C. 7385o) is further amended in subsection (d) by amending 
paragraph (2) to read as follows:
          ``(2) The Secretary of Health and Human Services 
        shall select individuals to serve as panel members 
        based on experience and competency in diagnosing 
        occupational illnesses. For each individual so 
        selected, the Secretary shall appoint that individual 
        as a panel member or obtain by contract the services of 
        that individual as a panel member.''.
                              ----------                              


 12. An Amendment To Be Offered by Representative Dicks of Washington, 
               or His Designee, Debatable for 10 minutes

    In section 117(b) insert ``no later than March 1, 2005'' 
after ``program'' (page 25, line 10).
                              ----------                              


     13. An Amendment To Be Offered by Representative Hastings of 
         Washington, or His Designee, Debatable for 10 minutes

  At the end of title XXXI (page 556, after line 10), insert 
the following new section:

SEC. 31__. ADDITIONAL AMOUNT FOR DEFENSE SITE ACCELERATION COMPLETION.

  (a) Additional Amount.--The amount in section 3102 is hereby 
increased by $100,000,000, to be available under section 
3102(1) for defense site acceleration completion.
  (b) Offset.--The amount in section 301(4), operation and 
maintenance, Air Force, is hereby reduced by $100,000,000, to 
be derived from the transportation capital fund.
                                ------                                


14. An Amendment To Be Offered by Representative Slaughter of New York, 
               or Her Designee, Debatable for 10 Minutes

  At the end of title V (page 200, after line 24), insert the 
following new section:

SEC. 598. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND 
                    RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF 
                    THE ARMED FORCES.

  (a) Comprehensive Policy on Prevention and Response to Sexual 
Assaults.--(1) Not later than January 1, 2005, the Secretary of 
Defense shall develop a comprehensive policy for the Department 
of Defense on the prevention of and response to sexual assaults 
involving members of the Armed Forces.
  (2) The policy shall be based on the recommendations of the 
Department of Defense Task Force on Care for Victims of Sexual 
Assaults and on such other matters as the Secretary considers 
appropriate.
  (b) Elements of Comprehensive Policy.--The policy developed 
under subsection (a) shall address the following matters:
          (1) Prevention measures.
          (2) Education and training on prevention and 
        response.
          (3) Investigation of complaints by command and law 
        enforcement personnel.
          (4) Medical treatment of victims.
          (5) Confidential reporting of incidents.
          (6) Victim advocacy and intervention.
          (7) Oversight by commanders of administrative and 
        disciplinary actions in response to substantiated 
        incidents of sexual assault.
          (8) Disposition of victims of sexual assault, 
        including review by appropriate authority of 
        administrative separation actions involving victims of 
        sexual assault.
          (9) Disposition of members of the Armed Forces 
        accused of sexual assault.
          (10) Liaison and collaboration with civilian agencies 
        on the provision of services to victims of sexual 
        assault.
          (11) Uniform collection of data on the incidence of 
        sexual assaults and on disciplinary actions taken in 
        substantiated cases of sexual assault.
  (c) Report on Improvement of Capability To Respond to Sexual 
Assaults.--Not later than March 1, 2005, the Secretary of 
Defense shall submit to Congress a proposal for such 
legislation as the Secretary considers necessary to enhance the 
capability of the Department of Defense to address matters 
relating to sexual assaults involving members of the Armed 
Forces.
  (d) Application of Comprehensive Policy to Military 
Departments.--The Secretary shall ensure that, to the maximum 
extent practicable, the policy developed under subsection (a) 
is implemented uniformly by the military departments.
  (e) Policies and Procedures of Military Departments.--(1) Not 
later than March 1, 2005, the Secretaries of the military 
departments shall prescribe regulations, or modify current 
regulations, on the policies and procedures of the military 
departments on the prevention of and response to sexual 
assaults involving members of the Armed Forces in order--
          (A) to conform such policies and procedures to the 
        policy developed under subsection (a); and
          (B) to ensure that such policies and procedures 
        include the elements specified in paragraph (2).
  (2) The elements specified in this paragraph are as follows:
          (A) A program to promote awareness of the incidence 
        of sexual assaults involving members of the Armed 
        Forces.
          (B) A program to provide victim advocacy and 
        intervention for members of the Armed Force concerned 
        who are victims of sexual assault, which program shall 
        make available, at home stations and in deployed 
        locations, trained advocates who are readily available 
        to intervene on behalf of such victims.
          (C) Procedures for members of the Armed Force 
        concerned to follow in the case of an incident of 
        sexual assault involving a member of such Armed Force, 
        including--
                  (i) specification of the person or persons to 
                whom the alleged offense should be reported;
                  (ii) specification of any other person whom 
                the victim should contact;
                  (iii) procedures for the preservation of 
                evidence; and
                  (iv) procedures for confidential reporting 
                and for contacting victim advocates.
          (D) Procedures for disciplinary action in cases of 
        sexual assault by members of the Armed Force concerned.
          (E) Other sanctions authorized to be imposed in 
        substantiated cases of sexual assault, whether forcible 
        or nonforcible, by members of the Armed Force 
        concerned.
          (F) Training on the policies and procedures for all 
        members of the Armed Force concerned, including 
        specific training for members of the Armed Force 
        concerned who process allegations of sexual assault 
        against members of such Armed Force.
          (G) Any other matters that the Secretary of Defense 
        considers appropriate.
  (f) Annual Assessment of Policies and Procedures.--Not later 
than January 15, 2006, and each year thereafter, each Secretary 
of a military department shall conduct an assessment of the 
implementation during the preceding fiscal year of the policies 
and procedures of such department on the prevention of and 
response to sexual assaults involving members of the Armed 
Forces in order to determine the effectiveness of such policies 
and procedures during such fiscal year in providing an 
appropriate response to such sexual assaults.
  (g) Annual Reports.--(1) Not later than April 1, 2005, and 
January 15 of each year thereafter, each Secretary of a 
military department shall submit to the Secretary of Defense a 
report on the sexual assaults involving members of the Armed 
Force concerned during the preceding year.
  (2) Each report on an Armed Force under paragraph (1) shall 
contain the following:
          (A) The number of sexual assaults against members of 
        the Armed Force, and the number of sexual assaults by 
        members of the Armed Force, that were reported to 
        military officials during the year covered by such 
        report, and the number of the cases so reported cases 
        that were substantiated.
          (B) A synopsis of and the disciplinary action taken 
        in each substantiated case.
          (C) The policies, procedures, and processes 
        implemented by the Secretary concerned during the year 
        covered by such report in response to incidents of 
        sexual assault involving members of the Armed Force 
        concerned.
          (D) A plan for the actions that are to be taken in 
        the year following the year covered by such report on 
        the prevention of and response to sexual assault 
        involving members of the Armed Forces concerned.
  (3) Each report under paragraph (1) in 2006, 2007, and 2008 
shall also include the assessment conducted by the Secretary 
concerned under subsection (f).
  (4) The Secretary of Defense shall transmit to the Committees 
on Armed Services of the Senate and the House of 
Representatives each report submitted to the Secretary under 
this subsection, together with the comments of the Secretary on 
each such report. The Secretary shall transmit the report on 
2004 not later than May 1, 2005, and shall transmit the report 
on any year after 2004 not later than March 15 of the year 
following such year.
  (h) Requirement To Develop Definition of Sexual Assault.--
Prior to developing policies and programs on the prevention of 
and response to sexual assaults, the Department of Defense, in 
consultation with the Service Secretaries, shall develop a 
definition of sexual assault that is uniform for all the Armed 
Forces, including but not limited to rape, acquaintance rape, 
sexual assault, and other criminal offenses.
                              ----------                              


 15. An Amendment To Be Offered by Representative Maloney of New York, 
               or Her Designee, Debatable for 10 Minutes

  At the end of subtitle A of title III (page 43, after line 
3), insert the following new section:

SEC. 3__. ELIMINATION OF BACKLOG IN PROCESSING FORENSIC EVIDENCE 
                    COLLECTION KITS AND ACQUISITION OF SUFFICIENT 
                    STOCKS OF SUCH KITS.

  The Secretary of Defense shall take such steps as may be 
necessary to eliminate the current backlog in the processing of 
forensic evidence collection kits used by the Department of 
Defense, to shorten the time period between the use of such 
kits and their processing in the future, and to ensure an 
adequate supply of such kits for all domestic and overseas 
United States military installations, including the military 
service academies, and for units of the Armed Forces deployed 
in theaters of operation.
                              ----------                              


16. An Amendment To Be Offered by Representative Chabot of Ohio, or His 
                   Designee, Debatable for 10 Minutes

  At the end of title VIII, insert the following new section:

SEC. 825. REQUIREMENT TO TREAT SURETIES IN SAME MANNER AS FINANCING 
                    INSTITUTIONS WHEN CONTRACTORS DEFAULT.

  (a) Amendment to Title 31.--Section 3727(c) of title 31, 
United States Code, is amended by inserting ``surety on a bond 
provided in connection with a contract or other'' before 
``financing institution''.
  (b) Amendment to Revised Statutes.--Section 3737(b) of the 
Revised Statutes (41 U.S.C. 15) is amended in the first 
sentence by inserting ``surety on a bond provided in connection 
with a contract,'' before ``or other financing institution''.
                              ----------                              


17. An Amendment To Be Offered by Representative Manzullo of Illinois, 
               or His Designee, Debatable for 10 Minutes

  At the end of title VIII (page 337, after line 15), insert 
the following new section:

SEC. 825. PROVISIONS RELATING TO CREATION OF JOBS IN THE UNITED STATES 
                    BY DEFENSE CONTRACTORS.

  (a) Authority to Exclude Certain Sources on Basis of Creation 
of Jobs in United States.--Section 2304(b)(1) of title 10, 
United States Code, is amended--
          (1) by striking ``or'' at the end of subparagraph 
        (E);
          (2) by striking the period at the end of subparagraph 
        (F) and inserting ``; or''; and
          (3) by adding at the end the following new 
        subparagraph:
          ``(G) would create jobs in the United States.''.
  (b) Requirement To Include Creation of Jobs in United States 
as Evalation Factor.--(1) Section 2305(a)(3)(A) of title 10, 
United States Code, is amended--
          (A) by striking ``and'' at the end of clause (ii);
          (B) by redesignating clause (iii) as clause (iv); and
          (C) by inserting after clause (ii) the following new 
        clause:
          ``(iii) shall include the creation of jobs in the 
        United States as an evaluation factor that must be 
        considered in the evaluation of proposals; and''.
  (2) Section 2305(a)(3)(B) of such title is amended by 
striking ``clause (iii)'' and inserting ``clause (iv)''.
                              ----------                              


18. An Amendment To Be Offered by Representative Davis of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

               TITLE XXXVI--SMALL BUSINESS ADMINISTRATION

SEC. 3601. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES TO LIST OF 
                    DESIGNATED INDUSTRY GROUPS PARTICIPATING IN THE 
                    SMALL BUSINESS COMPETITIVENESS DEMONSTRATION 
                    PROGRAM.

  (a) In General.--Subsection (a) of section 717 of the Small 
Business Competitiveness Demonstration Program Act of 1988 (15 
U.S.C. 644 note) is amended--
          (1) in paragraph (3), by striking ``and'' at the end;
          (2) in paragraph (4), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(5) landscaping and pest control services.''.
  (b) Landscaping and Pest Control Services.--Section 717 of 
the Small Business Competitiveness Demonstration Program Act of 
1988 (15 U.S.C. 644 note) is amended--
          (1) by redesignating subsection (e) as subsection 
        (f), and
          (2) by inserting after subsection (d) the following 
        new subsection:
  ``(e) Landscaping and Pest Control Services.--Landscaping and 
pest control services shall include contract awards assigned to 
North American Industrial Classification Code 561710 (relating 
to exterminating and pest control services) or 561730 (relating 
to landscaping services).''.
                              ----------                              


      19. An Amendment To Be Offered by Representative Weldon of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes

  At the end of title X (page 409, after line 13), insert the 
following new section:

SEC. __. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL PROPERTY 
                    SUITABLE FOR FIREFIGHTING USE TO SUPPORT FEDERAL 
                    EXCESS PERSONAL PROPERTY PROGRAM.

  (a) In General.--Section 2576b of title 10, United States 
Code, is amended--
          (1) in subsection (a)--
                  (A) by striking ``Subject'' and inserting 
                ``Notwithstanding any other provision of law 
                and subject''; and
                  (B) by striking ``a firefighting agency in a 
                State'' and inserting ``the United States 
                Forest Service'';
          (2) in subsections (b)(2) and (c), by striking 
        ``recipient firefighting agency'' and inserting 
        ``Forest Service'; and
          (3) by striking subsection (d) and inserting the 
        following new subsections:
  ``(d) Priority for Rural Firefighting Agencies.--(1) Subject 
to paragraph (2), the Secretary of Defense shall enter into an 
agreement with the Secretary of Agriculture to use the existing 
property disposal program of the Forest Service, known as the 
Federal Excess Personal Property Program, to facilitate the 
reutilization of Department of Defense personal property 
described in subsection (a) by firefighting agencies in rural 
areas.
  ``(2) An agreement under paragraph (1) shall not provide for 
the reutilization of Department of Defense aircraft by the 
Forest Service until the end of the one-year period beginning 
on the date on which the Secretary of Agriculture submits a 
report to the Committee on Agriculture and the Committee on 
Armed Services of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry and the 
Committee on Armed Services of the Senate detailing measures 
taken by the Forest Service in response to National 
Transportation Safety Board Recommendations A-04-29 through A-
04-33.
  ``(3) The transfer of Department of Defense personal property 
described in subsection (a) to the Forest Service for 
reutilization by firefighting agencies in rural areas shall be 
afforded a property disposal priority at least equal to the 
priority given the military departments and other entities 
within the Department of Defense.
  ``(e) Definition of State.--The term `State' includes the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and any territory 
or possession of the United States.''.
  (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:

``Sec. 2576b. Excess personal property: reutilization to assist 
                    firefighting 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: reutilization to assist firefighting 
          agencies.''.
                    ____________________________________________________

    20. An Amendment To Be Offered by Representative Brown of South 
          Carolina, or His Designee, Debatable for 10 Minutes

  At the end of title X, insert the following new section:

SEC. __. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY 
                    DISPOSAL PROGRAM TO INCLUDE HEALTH AGENCIES.

  (a) Inclusion of Health Agencies.--Section 2576b of title 10, 
United States Code, is amended by adding at the end the 
following new subsection:
  ``(e) Transfer to State Health Agencies.--The Secretary of 
Defense may expand the program authorized by this section to 
include the transfer to State health agencies of 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 responding to health or 
        environmental emergencies.''.
  (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:

``Sec. 2576b. Excess personal property: reutilization 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: reutilization to assist firefighting 
          agencies and health agencies.''.
                    ____________________________________________________

    21. An Amendment To Be Offered by Representative Brown of South 
          Carolina, or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XXVIII, insert the 
following new section:

SEC. 28__. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL TREATMENT 
                    FACILITIES AND HEALTH CARE FACILITIES OF DEPARTMENT 
                    OF VETERANS AFFAIRS.

  (a) Department of Defense Consideration of Joint 
Construction.--(1) Subchapter I of chapter 169 of title 10, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 2816. Consideration of joint construction and use of military 
                    medical treatment facilities and health care 
                    facilities of the Department of Veterans Affairs

  ``In the case of the budget submitted under section 1105 of 
title 31 for any fiscal year, the Secretary of Defense shall 
include in the budget justification materials submitted to 
Congress in support of the budget a certification that, in 
evaluating for inclusion in the budget for that fiscal year any 
military construction project for construction in the United 
States (or a territory or possession of the United States) of a 
new military medical treatment facility, the Secretary, after 
consulting with the Secretary of Veterans Affairs, evaluated 
the feasibility of carrying out the project so as to establish 
with the Department of Veterans Affairs a joint medical 
facility that--
          ``(1) could serve as a facility for health resources 
        sharing between the Department of Defense and the 
        Department of Veterans Affairs; and
          ``(2) would be no more costly to each Department to 
        construct and operate than separate facilities for each 
        Department.''.
  (2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item:

``2816. Consideration of joint construction and use of military medical 
          treatment facilities and health care facilities of the 
          Department of Veterans Affairs.''.

  (b) Department of Veterans Affairs Consideration of Joint 
Construction.--Section 8104(b) of title 38, United States Code, 
is amended by adding at the end the following new paragraph:
          ``(9) In the case of a prospectus proposing the 
        construction of a new or replacement medical facility, 
        the Secretary's certification that the Secretary, after 
        consulting with the Secretary of Defense, evaluated the 
        feasibility of carrying out the project so as to 
        establish with the Department of Defense a joint 
        medical facility that--
                  ``(A) could serve as a facility for health 
                resources sharing between the Department of 
                Defense and the Department of Veterans Affairs; 
                and
                  ``(B) would be no more costly to each 
                Department to construct and operate than 
                separate facilities for each Department.''.
                              ----------                              


 22. An Amendment To Be Offered by Representative Johnson of Illinois, 
               or His Designee, Debatable for 10 Minutes

  At the end of title V (page 200, after line 24), insert the 
following new section:

SEC. 598. AUTHORITY FOR REMOVAL OF REMAINS OF CERTAIN PERSONS INTERRED 
                    IN UNITED STATES MILITARY CEMETERIES OVERSEAS.

  (a) Removal and Transportation of Remains.--Upon receipt from 
a qualifying survivor of an application with respect to a 
person interred in a United States overseas military cemetery, 
the Secretary of Defense may, upon approval of such 
application, provide for--
          (1) the removal of the remains of that person from 
        the cemetery in which interred; and
          (2) transportation of such remains to a location in 
        the United States selected by such qualifying survivor.
  (b) Requirement for Approval of Applications.--(1) An 
application under this section may be approved only if the 
application presents sufficient evidence that, at the time of 
the initial disposition decision (as defined in paragraph (2)), 
there was a misunderstanding or error related to that 
disposition decision that the Secretary finds warrants approval 
of the application.
  (2) In paragraph (1), the term ``initial disposition 
decision'', with respect to the remains of a person who died 
outside the United States and was interred in a United States 
overseas military cemetery, means a decision by a family member 
(or other designated person) as to the disposition (in 
accordance with laws and regulations in effect at the time) of 
the remains of the person with respect to whom the application 
is submitted, such decision being to have the remains interred 
in a United States overseas military cemetery (rather than to 
have those remains transported to the United States for 
interment or other disposition in the United States).
  (c) ABMC Assistance.--The American Battle Monuments 
Commission shall provide the Secretary of Defense with such 
assistance as the Secretary may require in carrying out this 
section with respect to cemeteries under the jurisdiction of 
the Commission.
  (d) Time for Application.--An application under subsection 
(a) must be submitted to the Secretary of Defense not later 
than the end of the two-year period beginning on the date of 
the enactment of this Act.
  (e) No Expenditure of Federal Funds.--No costs associated 
with the removal and transportation of remains provided for 
under subsection (a) may be paid by the United States.
  (f) Definitions.--For purposes of this section:
          (1) United states overseas military cemetery.--The 
        term ``United States overseas military cemetery'' means 
        a cemetery located in a foreign country that is 
        administered by the Secretary of a military department 
        or the American Battle Monuments Commission.
          (2) Qualifying survivors.--The term ``qualifying 
        survivor'' means the following, in the order specified.
                  (A) The surviving spouse.
                  (B) All surviving children (including 
                adoptive children), acting concurrently.
                  (C) A birth parent or, if both survive, both 
                birth parents, acting concurrently.
                              ----------                              


 23. An Amendment To Be Offered by Representative Baird of Washington, 
               or His Designee, Debatable for 10 Minutes

  At the end of title VII (page 306, after line 13), insert the 
following new section:

SEC. 723. STUDY OF MENTAL HEALTH SERVICES.

  (a) Study Required.--The Secretary of Defense shall conduct a 
study of mental health services available to members of the 
Armed Forces.
  (b) Persons Covered.--The study shall evaluate the 
availability and effectiveness of existing mental health 
treatment and screening resources--
          (1) for members of the Armed Forces during a 
        deployment to a combat theater;
          (2) for members of the Armed Forces returning from a 
        deployment to a combat theater, both--
                  (A) in the short-term, post-deployment 
                period; and
                  (B) in the long-term, following the post-
                deployment period;
          (3) for the families of members of the Armed Forces 
        who have been deployed to a combat theater during the 
        time of the deployment;
          (4) for the families of members of the Armed Forces 
        who have been deployed to a combat theater after the 
        member has returned from the deployment; and
          (5) for members of the Armed Forces and their 
        families described in this subsection who are members 
        of Reserve components.
  (c) Assessment of Obstacles.--The study shall provide an 
assessment of existing obstacles that prevent members of the 
Armed Forces and military families in need of mental health 
services from obtaining these services, including--
          (1) the extent to which existing confidentiality 
        regulations, or lack thereof, inhibit members of the 
        Armed Forces from seeking mental health treatment;
          (2) the implications that a decision to seek mental 
        health services can have on a military career;
          (3) the extent to which a social stigma exists within 
        the Armed Forces that prevents members of the Armed 
        Forces and military families from seeking mental health 
        treatment within the Department of Defense and the 
        individual Armed Forces;
          (4) the extent to which logistical obstacles, 
        particularly with respect to members of the Armed 
        Forces and families residing in rural areas, deter 
        members in need of mental health services from 
        obtaining them; and
          (5) the extent to which members of the Armed Forces 
        and their families are prevented or hampered from 
        obtaining mental health treatment due to the cost of 
        such services.
  (d) Identification of Problems Unique to Reserves.--The study 
shall identify potential problems in obtaining mental health 
treatment that are unique to members of Reserve components.
  (e) Report.--The Secretary of Defense shall submit to 
Congress a report on the study conducted under this section not 
later than 90 days after the date of the enactment of this Act. 
The report shall contain the results of the study and make 
specific recommendations--
          (1) for improving the effectiveness and accessibility 
        of mental health services provided by Department of 
        Defense to the persons listed in subsection (b), 
        including recommendations to ensure appropriate 
        referrals and a seamless transition to the care of the 
        Department of Veterans Affairs following separation 
        from the Armed Forces;
          (2) for removing or mitigating any obstacles 
        identified under subsection (c); and
          (3) for steps that can be taken by the Department of 
        Defense or Congress to bring parity to mental health 
        services available to members of Reserve components and 
        members of the Armed Forces on active duty.
                              ----------                              


24. An Amendment To Be Offered by Representative Hefley of Colorado, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle F of title V, insert the following new 
section:

SEC. 560. BOARD OF VISITORS OF UNITED STATES AIR FORCE ACADEMY.

  Section 9355 of title 10, United States Code, is amended to 
read as follows:

``Sec. 9355. Board of Visitors

  ``(a) A Board of Visitors to the Academy is constituted 
annually. The Board consists of the following members:
          ``(1) Six persons designated by the President.
          ``(2) Four persons designated by the Speaker of the 
        House of Representatives, three of whom shall be 
        members of the House of Representatives and the fourth 
        of whom may not be a member of the House of 
        Representatives.
          ``(3) Three persons designated by the Vice President 
        or the President pro tempore of the Senate, two of whom 
        shall be members of the Senate and the third of whom 
        may not be a member of the Senate.
          ``(4) The chairman of the Committee on Armed Services 
        of the House of Representatives, or his designee.
          ``(5) The chairman of the Committee on Armed Services 
        of the Senate, or his designee.
  ``(b)(1) The persons designated by the President serve for 
three years each except that any member whose term of office 
has expired shall continue to serve until his successor is 
designated. The President shall designate persons each year to 
succeed the members designated by the President whose terms 
expire that year.
  ``(2) At least two of the members designated by the President 
shall be graduates of the Academy.
  ``(c)(1) If a member of the Board dies or resigns or is 
terminated as a member of the board under paragraph (2), a 
successor shall be designated for the unexpired portion of the 
term by the official who designated the member.
  ``(2) If a member of the Board fails to attend two successive 
Board meetings, except in a case in which an absence is 
approved in advance, for good cause, by the Board chairman, 
such failure shall be grounds for termination from membership 
on the Board. A person designated for membership on the Board 
shall be provided notice of the provisions of this paragraph at 
the time of such designation.
  ``(d) The Board should meet at least four times a year, with 
at least two of those meetings at the Academy. The Board or its 
members may make other visits to the Academy in connection with 
the duties of the Board. Board meetings should last at least 
one full day. Board members shall have access to the Academy 
grounds and the cadets, faculty, staff, and other personnel of 
the Academy for the purposes of the duties of the Board.
  ``(e)(1) The Board shall inquire into the morale, discipline, 
and social climate, the curriculum, instruction, physical 
equipment, fiscal affairs, academic methods, and other matters 
relating to the Academy that the Board decides to consider.
  ``(2) The Secretary of the Air Force and the Superintendent 
of the Academy shall provide the Board candid and complete 
disclosure, consistent with applicable laws concerning 
disclosure of information, of all institutional problems.
  ``(3) The Board shall recommend appropriate action.
  ``(f) Within 30 days after any meeting of the Board, the 
Board shall submit a written report concurrently to the 
Secretary of Defense, through the Secretary of the Air Force, 
and to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives 
with its views and recommendations pertaining to the Academy.
  ``(g) Upon approval by the Secretary, the Board may call in 
advisers for consultation.
  ``(h) While performing duties as a member of the Board, each 
member of the Board and each adviser shall be reimbursed under 
Government travel regulations for travel expenses.''.
                              ----------                              


25. An Amendment To Be Offered by Representative Ryun of Kansas, or His 
                   Designee, Debatable for 10 Minutes

  At the end of title XII (page 432, after line 16), insert the 
following new section:

SEC. 12_. MILITARY EDUCATIONAL EXCHANGES BETWEEN SENIOR OFFICERS AND 
                    OFFICIALS OF THE UNITED STATES AND TAIWAN.

  (a) Defense Exchanges.--The Secretary of Defense shall 
undertake a program of senior military officer and senior 
official exchanges with Taiwan designed to improve Taiwan's 
defenses against the People's Liberation Army of the People's 
Republic of China.
  (b) Exchanges Described.--For the purposes of this section, 
the term ``exchange'' means an activity, exercise, event, or 
observation opportunity between Armed Forces personnel or 
Department of Defense officials of the United States and armed 
forces personnel and officials of Taiwan.
  (c) Focus of Exchanges.--The senior military officer and 
senior official exchanges undertaken pursuant to subsection (a) 
shall include exchanges focused on the following, especially as 
they relate to defending Taiwan against potential submarine 
attack and potential missile attack:
          (1) Threat analysis.
          (2) Military doctrine.
          (3) Force planning.
          (4) Logistical support.
          (5) Intelligence collection and analysis.
          (6) Operational tactics, techniques, and procedures.
  (d) Civil-Military Affairs.--The senior military officer and 
senior official exchanges undertaken pursuant to subsection (a) 
shall include activities and exercises focused on civil-
military relations, including parliamentary relations.
  (e) Location of Exchanges.--The senior military officer and 
senior official exchanges undertaken pursuant to subsection (a) 
shall be conducted in both the United States and Taiwan.
  (f) Definitions.--For purposes of this section:
          (1) The term ``senior military officer'' means a 
        general or flag officer of the Armed Forces on active 
        duty.
          (2) The term ``senior official'' means a civilian 
        official of the Department of Defense at the level of 
        Deputy Assistant Secretary of Defense or above.
                              ----------                              


 26. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle G of title V (page 174, after line 
15), insert the following new section:

SEC. __. REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN BADGE AND COMBAT 
                    MEDICAL BADGE WITH RESPECT TO SERVICE IN KOREA 
                    AFTER JULY 28, 1953.

  (a) Standardization of Requirements With Other Geographic 
Areas.--(1) Chapter 357 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 3757. Korean defense service: Combat Infantryman Badge; Combat 
                    Medical Badge

  ``The Secretary of the Army shall provide that, with respect 
to service in the Republic of Korea after July 28, 1953, 
eligibility of a member of the Army for the Combat Infantryman 
Badge or the Combat Medical Badge shall be met under criteria 
and eligibility requirements that, as nearly as practicable, 
are identical to those applicable, at the time of such service 
in the Republic of Korea, to service elsewhere without regard 
to specific location or special circumstances. In particular, 
such eligibility shall be established--
          ``(1) without any requirement for service by the 
        member in an area designated as a `hostile fire area' 
        (or by any similar designation) or that the member have 
        been authorized hostile fire pay;
          ``(2) without any requirement for a minimum number of 
        instances (in excess of one) in which the member was 
        engaged with the enemy in active ground combat 
        involving an exchange of small arms fire; and
          ``(3) without any requirement for personal 
        recommendation or approval by commanders in the 
        member's chain of command other than is generally 
        applicable for service at locations outside the 
        Republic of Korea.''.
  (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``3757. Korean defense service: Combat Infantryman Badge; Combat Medical 
          Badge.''.

  (b) Applicability to Service Before Date of Enactment.--The 
Secretary of the Army shall establish procedures to provide for 
the implementation of section 3757 of title 10, United States 
Code, as added by subsection (a), with respect to service in 
the Republic of Korea during the period between July 28, 1953, 
and the date of the enactment of this Act. Such procedures 
shall include a requirement for submission of an application 
for award of a badge under that section with respect to service 
before the date of the enactment of this Act and the furnishing 
of such information as the Secretary may specify.
                              ----------                              


 27. An Amendment To Be Offered by Representative Shimkus of Illinois, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle G of title V, insert the following new 
section:

SEC. __. ARMY COMBAT RECOGNITION RIBBON.

  (a) Requirement Similar to That for Navy Combat Action 
Ribbon.--(1) Chapter 357 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 3757. Combat recognition ribbon

  ``(a) Requirement.--The Secretary of the Army shall establish 
a combat recognition ribbon to recognize participation by 
members of the Army in combat. The Secretary shall award the 
combat recognition ribbon to each member of the Army who meets 
the criteria for that ribbon based upon service performed after 
August 1, 1990.
  ``(b) Criteria for Award.--The Secretary shall establish the 
criteria for award of the combat recognition ribbon. To the 
maximum extent practicable, the criteria for the award of such 
ribbon shall be based upon, and be similar to, the criteria for 
award of the Navy Combat Action Ribbon, including any special 
criteria for service during a particular period of time or in a 
specific location.
  ``(c) Limitation.--The combat recognition ribbon may not be 
awarded to a member of the Army with respect to the same period 
of service as service for which the member was awarded the 
Combat Infantryman Badge or the Combat Medic Badge.''.
  (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``3757. Combat recognition ribbon.''.

  (b) Implementation for Service Before Date of Enactment.--The 
Secretary of the Army shall establish procedures to provide for 
the implementation of section 3757 of title 10, United States 
Code, as added by subsection (a), with respect to service 
during the period beginning on August 1, 1990, and ending on 
the date of the enactment of this Act. Such procedures shall 
include a requirement for submission of an application for 
award of a ribbon under that section with respect to service 
before the date of the enactment of this Act and the furnishing 
of such information as the Secretary may specify. Such 
procedures shall be established not later than 180 days after 
the date of the enactment of this Act.
                              ----------                              


 28. An Amendment To Be Offered by Representative Smith of Washington, 
               or His Designee, Debatable for 10 Minutes

  At the end of part I of subtitle D of title XXVIII (page 535, 
after line 7), insert the following new section:

SEC. 28__. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, 
                    WASHINGTON.

  (a) Property to Be Transferred to Secretary of the Interior 
in Trust.--Subsection (a)(1) of section 2837 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B 
of Public Law 107-107; 115 Stat. 1315) is amended--
          (1) by striking ``may convey to'' and inserting ``may 
        transfer to the Secretary of the Interior, in trust 
        for''; and
          (2) by striking ``Washington, in'' and all that 
        follows through the period and inserting ``Washington. 
        The Secretary of the Army may make the transfer under 
        the preceding sentence, and the Secretary of the 
        Interior may accept the property transferred in trust 
        for the Nisqually Tribe under the preceding sentence, 
        only in conjunction with the conveyance described in 
        subsection (b)(2).''.
  (b) Increase in Acreage to Be Transferred.--Such subsection 
is further amended by striking ``138 acres'' and inserting 
``168 acres''.
  (c) Qualification on Property to Be Transferred.--Subsection 
(a)(2) of such section is amended--
          (1) by striking ``conveyance'' and inserting 
        ``transfer''; and
          (2) by striking ``or the right of way described in 
        subsection (c)'' and inserting ``located on the real 
        property transferred under that paragraph''.
  (d) Consideration.--Subsection (b) of such section is 
amended--
          (1) in the matter preceding paragraph (1), by 
        striking ``conveyance'' and inserting ``transfer''; and
          (2) in paragraph (2), by striking ``fee title over 
        the acquired property to the Secretary'' and inserting 
        ``to the United States fee title to the property 
        acquired under paragraph (1), free from all liens, 
        encumbrances or other interests other than those, if 
        any, acceptable to the Secretary of the Army''.
  (e) Treatment of Existing Permit Rights; Grant of Easement.--
Such section is further amended--
          (1) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively; and
          (2) by inserting after subsection (c) the following 
        new subsection:
  ``(d) Treatment of Existing Permit Rights; Grant of 
Easement.--(1) The transfer under subsection (a) recognizes and 
preserves to the Bonneville Power Administration, in perpetuity 
and without the right of revocation except as provided in 
paragraph (2), rights in existence at the time of the 
conveyance under the permit dated February 4, 1949, as amended 
January 4, 1952, between the Department of the Army and the 
Bonneville Power Administration with respect to any portion of 
the property transferred under subsection (a) upon which the 
Bonneville Power Administration retains transmission 
facilities. The rights recognized and preserved include the 
right to upgrade those transmission facilities.
  ``(2) The permit rights recognized and preserved under 
paragraph (1) shall terminate only upon the Bonneville Power 
Administration's relocation of the transmission facilities 
referred to in paragraph (1), and then only with respect to 
that portion of those transmission facilities that are 
relocated.
  ``(3) The Secretary of the Interior, as trustee for the 
Nisqually Tribe, shall grant to the Bonneville Power 
Administration, without consideration and subject to the same 
rights recognized and preserved in paragraph (1), such 
additional easements across the property transferred under 
subsection (a) as the Bonneville Power Administration considers 
necessary to accommodate the relocation or reconnection of 
Bonneville Power Administration transmission facilities from 
property owned by the Tribe and held by the Secretary of the 
Interior in trust for the Tribe.''.
  (f) Conforming Amendments.--(1) Subsection (c) of such 
section is amended by inserting ``of the Army'' after 
``Secretary''.
  (2) Subsection (e) of such section (as redesignated by 
subsection (e)(1)) is amended--
          (A) by striking ``conveyed'' and inserting 
        ``transferred'';
          (B) by inserting ``of the Army'' after ``Secretary''; 
        and
          (C) by striking ``the recipient of the property being 
        surveyed'' and inserting ``the Tribe, in the case of 
        the transfer under subsection (a), and the Secretary of 
        the Army, in the case of the acquisition under 
        subsection (b)''.
  (3) Subsection (f) of such section (as redesignated by 
subsection (e)(1)) is amended--
          (A) by inserting ``of the Army'' after ``Secretary'' 
        both place it appears; and
          (B) by striking ``conveyances under this section'' 
        and inserting ``transfer under subsection (a) and 
        conveyances under subsections (b)(2) and (c)''.