[Congressional Record Volume 151, Number 42 (Tuesday, April 12, 2005)]
[Senate]
[Pages S3494-S3500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 338. Ms. SNOWE (for herself, Mr. Kerry, Mr. Lieberman, Ms. 
Cantwell, Mr. Bayh, and Mr. Pryor) submitted an amendment intended to 
be proposed by her to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 214, strike lines 5 through 19.
                                 ______
                                 
  SA 339. Mr. DeWINE (for himself, Mr. Durbin, Mr. Allen, and Mr. 
Coleman) submitted an amendment intended to be proposed by him to the 
bill H.R. 1268, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 159, strike line 6 and all that follows through 
     page 160, line 22, and insert the following:
       Sec. 1112. (a) Increase in Death Gratuity.--
       (1) Amount.--Section 1478(a) of title 10, United States 
     Code, is amended by striking ``$12,000'' and inserting 
     ``$100,000''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on

[[Page S3495]]

     October 7, 2001, and shall apply with respect to deaths 
     occurring on or after that date.
       (3) No adjustment for increases in basic pay before date of 
     enactment.--No adjustment shall be made under subsection (c) 
     of section 1478 of title 10, United States Code, with respect 
     to the amount in force under subsection (a) of that section, 
     as amended by paragraph (1), for any period before the date 
     of the enactment of this Act.
       (4) Payment for deaths before date of enactment.--Any 
     additional amount payable as a death gratuity under this 
     subsection for the death of a member of the Armed Forces 
     before the date of the enactment of this Act shall be paid to 
     the eligible survivor of the member previously paid a death 
     gratuity under section 1478 of title 10, United States Code, 
     for the death of the member. If payment cannot be made to 
     such survivor, payment of such amount shall be made to living 
     survivor of the member otherwise highest on the list under 
     1477(a) of title 10, United States Code.
       On page 161, line 23, strike ``$238,000'' and insert 
     ``$150,000''.
                                 ______
                                 
  SA 340. Mr. DeWINE (for himself, Mr. Durbin, and Mr. Coleman) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1268, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal to ensure expeditious construction of the 
San Diego border fence, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCREASED PERIOD OF CONTINUED TRICARE COVERAGE OF 
                   CHILDREN OF MEMBERS OF THE UNIFORMED SERVICES 
                   WHO DIE WHILE SERVING ON ACTIVE DUTY FOR A 
                   PERIOD OF MORE THAN 30 DAYS.

       (a) Period of Eligibility.--Section 1079(g) of title 10, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(g)''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(2) In addition to any continuation of eligibility for 
     benefits under paragraph (1), when a member dies while on 
     active duty for a period of more than 30 days, the member's 
     dependents who are receiving benefits under a plan covered by 
     subsection (a) shall continue to be eligible for such 
     benefits during the three-year period beginning on the date 
     of the member's death, except that, in the case of such a 
     dependent who is a child of the deceased, the period of 
     continued eligibility shall be the longer of the following 
     periods beginning on such date:
       ``(A) Three years.
       ``(B) The period ending on the date on which the child 
     attains 21 years of age.
       ``(C) In the case of a child of the deceased who, at 21 
     years of age, is enrolled in a full-time course of study in a 
     secondary school or in a full-time course of study in an 
     institution of higher education approved by the administering 
     Secretary and was, at the time of the member's death, in fact 
     dependent on the member for over one-half of the child's 
     support, the period ending on the earlier of the following 
     dates:
       ``(i) The date on which the child ceases to pursue such a 
     course of study, as determined by the administering 
     Secretary.
       ``(ii) The date on which the child attains 23 years of age.
       ``(3) For the purposes of paragraph (2)(C), a child shall 
     be treated as being enrolled in a full-time course of study 
     in an institution of higher education during any reasonable 
     period of transition between the child's completion of a 
     full-time course of study in a secondary school and the 
     commencement of an enrollment in a full-time course of study 
     in an institution of higher education, as determined by the 
     administering Secretary.
       ``(4) No charge may be imposed for any benefits coverage 
     under this chapter that is provided for a child for a period 
     of continued eligibility under paragraph (2), or for any 
     benefits provided to such child during such period under that 
     coverage.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as of October 1, 2001, and shall apply with 
     respect to deaths occurring on or after such date.
                                 ______
                                 
  SA 341. Mr. DeWINE (for himself, Mr. Durbin, and Mr. Coleman) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1268, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal to ensure expeditious construction of the 
San Diego border fence, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXPANSION OF AUTHORIZED USES OF EDUCATIONAL 
                   ASSISTANCE UNDER THE SURVIVORS' AND DEPENDENTS' 
                   EDUCATIONAL ASSISTANCE PROGRAM.

       Section 3531(a) of title 38, United States Code, is amended 
     by inserting ``room, board,'' after ``equipment,''.
                                 F_____
                                 
  SA 342. Mr. DeWINE (for himself, Mr. Bingaman, Mr. Coleman, Mr. 
Nelson of Florida, Mr. Martinez, Mr. Corzine, Mrs. Dole, Mr. Dodd, and 
Mr. Chafee) submitted an amendment intended to be proposed by him to 
the bill H.R. 1268, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 183, after line 23, add the following:

                  Funds Appropriated to the President


           united states agency for international development

                child survival and health programs fund

       For necessary expenses to provide assistance to Haiti under 
     chapter 1 of part I of the Foreign Assistance Act of 1961, 
     for child survival, health, and family planning/reproductive 
     health activities, in addition to funds otherwise available 
     for such purposes, $10,000,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).


                          Assistance to Haiti

       Sec. 2105. (a)(1) The total amount appropriated by this 
     chapter under the heading ``Economic Support Fund'' is 
     increased by $21,000,000. Of the total amount appropriated 
     under that heading, $21,000,000 shall be available for 
     necessary expenses to provide assistance to Haiti.
       (2) Of the funds made available under paragraph (1), up to 
     $10,000,000 may be made available for election assistance in 
     Haiti.
       (3) Of the funds made available under paragraph (1), up to 
     $10,000,000 may be made available for public works programs 
     in Haiti.
       (4) Of the funds made available under paragraph (1), up to 
     $1,000,000 may be made available for administration of 
     justice programs in Haiti.
       (5) The amount made available under paragraph (1) is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).
       (b)(1) The total amount appropriated by this chapter under 
     the heading ``International Narcotics Control and Law 
     Enforcement'' is increased by $10,000,000. Of the total 
     amount appropriated under that heading, $10,000,000 shall be 
     available for necessary expenses to provide assistance to 
     Haiti.
       (2) Of the funds made available under paragraph (1), up to 
     $5,000,000 may be made available for training and equipping 
     the Haitian National Police.
       (3) Of the funds made available under paragraph (1), up to 
     $5,000,000 may be made available to provide additional United 
     States civilian police in support of the United Nations 
     Stabilization Mission in Haiti.
       (4) The amount made available under paragraph (1) is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).
                                 F_____
                                 
  SA 343. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. The United States releases to the State of 
     Arkansas the reversionary interest described in sections 2 
     and 3 of the Act entitled ``An Act authorizing the transfer 
     of part of Camp Joseph T. Robinson to the State of 
     Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter 
     429), in and to the surface estate of the land constituting 
     Camp Joseph T. Robinson, Arkansas, which lies east of the 
     Batesville Pike county road, in sections 24, 25, and 36, 
     township 3 north, range 12 west, Pulaski County, Arkansas.

[[Page S3496]]

                                 F_____
                                 
  SA 344. Mrs MURRAY (for herself, Mr. Akaka, Mr. Byrd, Mrs. Boxer, Mr. 
Bingaman, Mr. Rockefeller, Ms. Mikulski, Mr. Jeffords, Mr. Salazar, Mr. 
Dayton, Mr. Schumer, Mr. Johnson, Mr. Corzine, Mrs. Lincoln, Ms. 
Landrieu, Mr. Dorgan, and Mr. Biden) proposed an amendment to the bill 
H.R. 1268, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal to ensure expeditious construction of the 
San Diego border fence, and for other purposes; as follows:

       On page 188, after line 20, add the following:

                               CHAPTER 5

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            Medical Services

       For necessary expenses for furnishing, as authorized by 
     law, outpatient and inpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans as described in paragraphs (1) through (8) of 
     section 1705(a) of title 38, United States Code, including 
     care and treatment in facilities not under the jurisdiction 
     of the department and including medical supplies and 
     equipment and salaries and expenses of health-care employees 
     hired under title 38, United States Code, and to aid State 
     homes as authorized under section 1741 of title 38, United 
     States Code; $1,975,183,000 plus reimbursements: Provided, 
     That of the amount under this heading, $610,183,000 shall be 
     available to address the needs of servicemembers deployed for 
     Operation Iraqi Freedom and Operation Enduring Freedom; 
     Provided further, That of the amount under this heading, 
     $840,000,000 shall be available, in equal amounts of 
     $40,000,000, for each Veterans Integrated Service Network 
     (VISN) to meet current and pending care and treatment 
     requirements: Provided further, That of the amount under this 
     heading, $525,000,000 shall be available for mental health 
     care and treatment, including increased funding for centers 
     for the provision of readjustment counseling and related 
     mental health services under section 1712A of title 38, 
     United States Code (commonly referred to as ``Vet Centers''), 
     increased funding for post traumatic stress disorder (PTSD) 
     programs, funding for the provision of primary care 
     consultations for mental health, funding for the provision of 
     mental health counseling in Community Based Outreach Centers 
     (CBOCs), and funding to facilitate the provision of mental 
     health services by Department of Veterans Affairs facilities 
     that do not currently provide such services: Provided 
     further, That the amount under this heading shall remain 
     available until expended.
                                 F_____
                                 
  SA 345. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. The Secretary of Labor shall convey to the State 
     of Michigan, for no consideration, all right, title, and 
     interest of the United States in and to the real property 
     known as the ``Detroit Labor Building'' and located at 7310 
     Woodward Avenue, Detroit, Michigan, to the extent the right, 
     title, or interest was acquired through a grant to the State 
     of Michigan under title III of the Social Security Act (42 
     U.S.C. 501 et seq.) or the Wagner-Peyser Act (29 U.S.C. 49 et 
     seq.) or using funds distributed to the State of Michigan 
     under section 903 of the Social Security Act (42 U.S.C. 
     1103).
                                 F_____
                                 
  SA 346. Mr. CORZINE (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 231, between lines 3 and 4, insert the following:

                  TITLE VII--ACCOUNTABILITY IN DARFUR

     SECTION 7001. SHORT TITLE.

       This title may be cited as the ``Darfur Accountability Act 
     of 2005''.

     SEC. 7002. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       (2) Government of sudan.--The term ``Government of Sudan'' 
     means the National Congress Party-led government in Khartoum, 
     Sudan, or any successor government formed on or after the 
     date of the enactment of this title.
       (3) Member states.--The term ``member states'' means the 
     member states of the United Nations.
       (4) Sudan north-south peace agreement.--The term ``Sudan 
     North-South Peace Agreement'' means the comprehensive peace 
     agreement signed by the Government of Sudan and the Sudan 
     People's Liberation Army/Movement on January 9, 2005.
       (5) Those named by the un commission of inquiry.--The term 
     ``those named by the UN Commission of Inquiry'' means those 
     individuals whose names appear in the sealed file delivered 
     to the Secretary-General of the United Nations by the 
     International Commission of Inquiry on Darfur to the United 
     Nations Security Council.
       (6) UN committee.--The term ``UN Committee'' means the 
     Committee of the Security Council established in United 
     Nations Security Council Resolution 1591 (29 March 2005); 
     paragraph 3.

     SEC. 7003. FINDINGS.

       Congress makes the following findings:
       (1) On July 22, 2004, the House of Representatives and the 
     Senate declared that the atrocities occurring in Darfur, 
     Sudan are genocide.
       (2) On September 9, 2004, Secretary of State Colin L. 
     Powell stated before the Committee on Foreign Relations of 
     the Senate, ``[w]hen we reviewed the evidence compiled by our 
     team, along with other information available to the State 
     Department, we concluded that genocide has been committed in 
     Darfur and that the Government of Sudan and the [Janjaweed] 
     bear responsibility--and genocide may still be occurring''.
       (3) President George W. Bush, in an address before the 
     United Nations General Assembly on September 21, 2004, 
     stated, ``[a]t this hour, the world is witnessing terrible 
     suffering and horrible crimes in the Darfur region of Sudan, 
     crimes my government has concluded are genocide''.
       (4) On July 30, 2004, the United Nations Security Council 
     passed Security Council Resolution 1556, calling upon the 
     Government of Sudan to disarm the Janjaweed militias and to 
     apprehend and bring to justice Janjaweed leaders and their 
     associates who have incited and carried out violations of 
     human rights and international humanitarian law and carried 
     out other atrocities in the Darfur region.
       (5) On September 18, 2004, the United Nations Security 
     Council passed Security Council Resolution 1564, determining 
     that the Government of Sudan had failed to meet its 
     obligations under Security Council Resolution 1556, calling 
     for a military flight ban in and over the Darfur region, 
     demanding the names of Janjaweed militiamen disarmed and 
     arrested for verification, establishing an International 
     Commission of Inquiry into violations of international 
     humanitarian and human rights laws, and threatening sanctions 
     should the Government of Sudan fail to fully comply with 
     Security Council Resolutions 1556 and 1564.
       (6) United Nations Security Council Resolution 1564 
     declares that if the Government of Sudan ``fails to comply 
     fully'' with Security Council Resolutions 1556 and 1564, the 
     Security Council shall consider taking ``additional 
     measures'' against the Government of Sudan ``as contemplated 
     in Article 41 of the Charter of the United Nations, such as 
     actions to affect Sudan's petroleum sector or individual 
     members of the Government of Sudan, in order to take 
     effective action to obtain such full compliance and 
     cooperation''.
       (7) United Nations Security Council Resolution 1564 also 
     ``welcomes and supports the intention of the African Union to 
     enhance and augment its monitoring mission in Darfur'' and 
     ``urges member states to support the African Union in these 
     efforts, including by providing all equipment, logistical, 
     financial, material, and other resources necessary to support 
     the rapid expansion of the African Union Mission''.
       (8) On February 1, 2005, the United Nations released the 
     Report of the International Commission of Inquiry on Darfur 
     to the United Nations Secretary-General, dated January 25, 
     2005, which stated that, ``[g]overnment forces and militias 
     conducted indiscriminate attacks, including killing of 
     civilians, torture, enforced disappearances, destruction of 
     villages, rape and other forms of sexual violence, pillaging 
     and forced displacement throughout Darfur'', that such ``acts 
     were conducted on a widespread and systematic basis, and 
     therefore may amount to crimes against humanity'', and that 
     the ``magnitude and large-scale nature of some crimes against 
     humanity as well as their

[[Page S3497]]

     consistency over a long period of time, necessarily imply 
     that these crimes result from a central planning operation''.
       (9) The Report of the International Commission of Inquiry 
     on Darfur to the United Nations Secretary-General notes that, 
     pursuant to its mandate and in the course of its work, the UN 
     Commission collected information relating to individual 
     perpetrators of acts constituting ``violations of 
     international human rights law and international humanitarian 
     law, including crimes against humanity and war crimes'' and 
     that the UN Commission has delivered to the Secretary-General 
     of the United Nations a sealed file of those named by the UN 
     Commission with the recommendation that the ``file be handed 
     over to a competent Prosecutor''.
       (10) On March 24, 2005, the United Nations Security Council 
     passed Security Council Resolution 1590, establishing the 
     United Nations Mission in Sudan (UNMIS) consisting of 10,000 
     military personnel and 715 civilian police personnel. The 
     mandate of UNMIS includes to ``closely and continuously 
     liaise and coordinate at all levels with the African Union 
     Mission in Sudan (AMIS) with a view towards expeditiously 
     reinforcing the effort to foster peace in Darfur, especially 
     with regard to the Abuja peace process and the African Union 
     Mission in Sudan''. Security Council Resolution 1590 also 
     urged the Secretary-General and United Nations High 
     Commissioner for Human Rights to increase the number and 
     deployment rate of human rights monitors to Darfur.
       (11) On March 29, 2005, the United Security Council passed 
     Security Council Resolution 1591, establishing a Committee of 
     the Security Council and a Panel of Experts to identify 
     individuals who have impeded the peace process, constitute a 
     threat to stability in Darfur and the region, commit 
     violations of international humanitarian or human rights law 
     or other atrocities, or who are responsible for offensive 
     overflights, and calling on member states to prevent those 
     individuals identified from entry into or transit of their 
     territories and to freeze those individuals non-exempted 
     assets.
       (12) On March 31, 2005, the United Nations Security Council 
     passed Security Council Resolution 1593, referring the 
     situation in Darfur since July 1, 2002, to the Prosecutor of 
     the International Criminal Court (ICC) with the proviso that 
     personnel from a state outside Sudan not a party to the Rome 
     Statute of the ICC shall not be subject to the ICC in this 
     instance.

     SEC. 7004. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the atrocities unfolding in Darfur, Sudan, have been 
     and continue to be genocide;
       (2) the United States should immediately seek passage at 
     the United Nations Security Council of a resolution that--
       (A) extends the freezing of property and assets and denial 
     of visas and entry, pursuant to United Nations Security 
     Council Resolution 1591, to include--
       (i) those named by the UN Commission of Inquiry;
       (ii) family members of those named by the UN Commission of 
     Inquiry and those designated by the UN Committee; and
       (iii) any associates of those named by the UN Commission of 
     Inquiry and those designated by the UN Committee to whom 
     assets or property of those named by the UN Commission of 
     Inquiry or those designated by the UN Committee were 
     transferred on or after July 1, 2002;
       (B) urges member states to submit to the Security Council 
     the name of any individual that the government of any such 
     member state believes is or has been planning, carrying out, 
     responsible for, or otherwise involved in genocide, war 
     crimes, or crimes against humanity in Darfur, along with 
     evidence supporting such belief so that the Security Council 
     may consider imposing sanctions pursuant to United Nations 
     Security Council Resolution 1591;
       (C) imposes additional sanctions or additional measures 
     against the Government of Sudan, including sanctions that 
     will affect the petroleum sector in Sudan, individual members 
     of the Government of Sudan, and entities controlled or owned 
     by officials of the government of Sudan or the National 
     Congress Party in Sudan, that will remain in effect until 
     such time as--
       (i) humanitarian organizations are granted full, unimpeded 
     access to Darfur;
       (ii) the Government of Sudan cooperates with humanitarian 
     relief efforts, carries out activities to demobilize and 
     disarm Janjaweed militias and any other militias supported or 
     created by the Government of Sudan, and cooperates fully with 
     efforts to bring to justice the individuals responsible for 
     genocide, war crimes, or crimes against humanity in Darfur;
       (iii) the Government of Sudan cooperates fully with the 
     African Union, the United Nations, and all other observer, 
     monitoring, and protection missions mandated to operate in 
     Sudan;
       (iv) the Government of Sudan permits the safe and voluntary 
     return of displaced persons and refugees to their homes and 
     rebuilds the communities destroyed in the violence in Darfur; 
     and
       (v) the Sudan North-South Peace Agreement is fully 
     implemented and a new coalition government is created under 
     such Agreement;
       (D) establishes a military no-fly zone in Darfur;
       (E) supports the expansion of the African Union force in 
     Darfur so that such force achieves the size and strength 
     needed to prevent ongoing fighting and violence in Darfur;
       (F) urges member states to accelerate assistance to the 
     African Union force in Darfur;
       (G) calls on the Government of Sudan to cooperate with, and 
     allow unrestricted movement in Darfur by, the African Union 
     force in the region, UNMIS, international humanitarian 
     organizations, and United Nations monitors;
       (H) extends the embargo of military equipment established 
     by paragraphs 7 through 9 of Security Council Resolution 1556 
     and expanded by Security Council Resolution 1591 to include a 
     total prohibition of sale or supply to the Government of 
     Sudan;
       (I) supports African Union and other international efforts 
     to negotiate peace talks between the Government of Sudan and 
     rebels in Darfur, calls on the Government of Sudan and rebels 
     in Darfur to abide by their obligations under the N'Djamena 
     Ceasefire Agreement of April 8, 2004, and subsequent 
     agreements, and urges parties to engage in peace talks 
     without preconditions and seek to resolve the conflict; and
       (J) expands the mandate of UNMIS to include the protection 
     of civilians throughout Sudan, including Dafur;
       (3) the United States should work with other nations to 
     ensure effective efforts to freeze the property and assets of 
     and deny visas and entry to--
       (A) those named by the UN Commission of Inquiry and those 
     designated by the UN Committee;
       (B) any individuals the United States believes is or has 
     been planning, carrying out, responsible for, or otherwise 
     involved in genocide, war crimes, and crimes against humanity 
     in Darfur;
       (C) family members of any person described in subparagraphs 
     (A) or (B); and
       (D) any associates of any such person to whom assets or 
     property of such person were transferred on or after July 1, 
     2002;
       (4) the United States should not provide assistance to the 
     Government of Sudan, other than assistance necessary for the 
     implementation of the Sudan North-South Peace Agreement, the 
     support of the southern regional government in Sudan, or for 
     humanitarian purposes in Sudan, unless the President 
     certifies and reports to Congress that--
       (A) humanitarian organizations are being granted full, 
     unimpeded access to Darfur and the Government of Sudan is 
     providing full cooperation with humanitarian efforts;
       (B) concrete, sustained steps are being taken toward 
     demobilizing and disarming Janjaweed militias and any other 
     militias supported or created by the Government of Sudan;
       (C) the Government of Sudan is cooperating fully with 
     international efforts to bring to justice those responsible 
     for genocide, war crimes, or crimes against humanity in 
     Darfur;
       (D) the Government of Sudan cooperates fully with the 
     African Union, the United Nations, and all other observer, 
     monitoring, and protection missions mandated to operate in 
     Sudan;
       (E) the Government of Sudan permits the safe and voluntary 
     return of displaced persons and refugees to their homes and 
     rebuilds the communities destroyed in the violence in Darfur; 
     and
       (F) the Sudan North-South Peace Agreement is fully 
     implemented and a new coalition government is created under 
     such Agreement;
       (5) the President should work with international 
     organizations, including the North Atlantic Treaty 
     Organization (NATO), the United Nations, and the African 
     Union to establish mechanisms for the enforcement of a no-fly 
     zone in Darfur;
       (6) the African Union should extend its mandate in Darfur 
     to include the protection of civilians and proactive efforts 
     to prevent violence, and member states should support fully 
     this extension;
       (7) the President should accelerate assistance to the 
     African Union force in Darfur and discussions with the 
     African Union and the European Union and other supporters of 
     the African Union force on the needs of such force, including 
     assistance for housing, transportation, communications, 
     equipment, technical assistance such as training and command 
     and control assistance, and intelligence;
       (8) the President should appoint a Presidential Envoy for 
     Sudan--
       (A) to support the implementation of the Sudan North-South 
     Peace Agreement;
       (B) to seek ways to bring stability and peace to Darfur;
       (C) to address instability elsewhere in Sudan; and
       (D) to seek a comprehensive peace throughout Sudan;
       (9) United States officials, including the President, the 
     Secretary of State, and the Secretary of Defense, should 
     raise the issue of Darfur in bilateral meetings with 
     officials from other members of the United Nations Security 
     Council and relevant countries, with the aim of passing a 
     United Nations Security Council resolution described in 
     paragraph (2) and mobilizing maximum support for political, 
     financial, and military efforts to stop the genocide in 
     Darfur;
       (10) the Secretary of State should immediately engage in a 
     concerted, sustained campaign with other members of the 
     United

[[Page S3498]]

     Nations Security Council and relevant countries with the aim 
     of achieving the goals described in paragraph (9);
       (11) the United States fully supports the Sudan North-South 
     Peace Agreement and urges the rapid implementation of its 
     terms;
       (12) the United States condemns attacks on humanitarian 
     workers and calls on all forces in Darfur, including forces 
     of the Government of Sudan, all militia, and forces of the 
     Sudan Liberation Army/Movement and the Justice and Equality 
     Movement, to refrain from such attacks; and
       (13) The United States should actively participate in the 
     UN Committee and the Panel of Experts established pursuant to 
     Security Council Resolution 1591, and work to support the 
     Secretary-General and the United Nations High Commissioner 
     for Human Rights in their efforts to increase the number and 
     deployment rate of human rights monitors to Darfur.

     SEC. 7005. IMPOSITION OF SANCTIONS.

       (a) Freezing Assets.--At such time as the United States has 
     access to the names of those named by the UN Commission of 
     Inquiry and those designated by the UN Committee, the 
     President shall, except as described under subsection (c), 
     take such action as may be necessary to immediately freeze 
     the funds and other assets belonging to anyone so named, 
     their family members, and any associates of those so named to 
     whom assets or property of those so named were transferred on 
     or after July 1, 2002, including requiring that any United 
     States financial institution holding such funds and assets 
     promptly report those funds and assets to the Office of 
     Foreign Assets Control.
       (b) Visa Ban.--Beginning at such times as the United States 
     has access to the names of those named by the UN Commission 
     of Inquiry and those designated by the UN Committee, the 
     President shall, except as described under subsection (c), 
     deny visas and entry to--
       (1) those named by the UN Commission of Inquiry and those 
     designated by the UN Committee;
       (2) the family members of those named by the UN Commission 
     of Inquiry and those designated by the UN Committee; and
       (3) anyone the President determines has been, is, or may be 
     planning, carrying out, responsible for, or otherwise 
     involved in crimes against humanity, war crimes, or genocide 
     in Darfur, Sudan.
       (c) Waiver Authority.--The President may elect not to take 
     an action otherwise required to be taken with respect to an 
     individual under subsection (a) or (b) after submitting to 
     Congress a report--
       (1) naming the individual with respect to whom the 
     President has made such election;
       (2) describing the reasons for such election; and
       (3) including the determination of the President as to 
     whether such individual has been, is, or may be planning, 
     carrying out, responsible for, or otherwise involved in 
     crimes against humanity, war crimes, or genocide in Darfur, 
     Sudan.
       (d) Asset Reporting Requirement.--Not later than 14 days 
     after a decision to freeze the property or assets of, or deny 
     a visa or entry to, any person under this section, the 
     President shall report the name of such person to the 
     appropriate congressional committees.
       (e) Notification of Waivers of Sanctions.--Not later than 
     30 days before waiving the provisions of any sanctions 
     currently in force with regard to Sudan, the President shall 
     submit to the appropriate congressional committees a report 
     describing the waiver and the reasons therefor.

     SEC. 7006. REPORTS TO CONGRESS.

       (a) Reports on Stabilization in Sudan.--
       (1) Initial report.--Not later than 30 days after the date 
     of enactment of this title, the Secretary of State, in 
     conjunction with the Secretary of Defense, shall report to 
     the appropriate congressional committees on efforts to deploy 
     an African Union force in Darfur, the capacity of such force 
     to stabilize Darfur and protect civilians, the needs of such 
     force to succeed at such mission including housing, 
     transportation, communications, equipment, technical 
     assistance, including training and command and control, and 
     intelligence, current status of United States and other 
     assistance to the African Union force, and additional United 
     States assistance needed.
       (2) Subsequent reports.--
       (A) Updates required.--The Secretary of State, in 
     conjunction with the Secretary of Defense, shall submit an 
     update of the report submitted under paragraph (1) until such 
     time as the President certifies that the situation in Darfur 
     is stable and that civilians are no longer in danger and that 
     the African Union is no longer needed to prevent a resumption 
     of violence and attacks against civilians.
       (B) Duration of reporting requirement.--The Secretary of 
     State shall submit any updated reports required under 
     subparagraph (A)--
       (i) every 60 days during the 2-year period following the 
     date of the enactment of this Act; and
       (ii) after such 2-year period, as part of the report 
     required under section 8(b) of the Sudan Peace Act (50 U.S.C. 
     1701 note), as amended by section 5(b) of the Comprehensive 
     Peace in Sudan Act of 2004 (Public Law 108-497; 118 Stat. 
     4018).
       (b) Report on Those Named by the UN Commission of 
     Inquiry.--At such time as the United States has access to the 
     names of those named by the UN Commission of Inquiry, the 
     President shall submit to the appropriate congressional 
     committees a report listing such names.
                                 F_____
                                 
  SA 347. Mr. CORZINE (for himself, Mr. DeWine, Mr. Brownback, Mr. 
Durbin, and Mr. Leahy) submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 183, after line 23, add the following:


                   requirement for transfer of funds

       Sec. 2105. Not later than 15 days after the date of the 
     enactment of this Act, the authority contained under the 
     heading ``International Disaster and Famine Assistance'' in 
     chapter 2 of title II of Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 
     1227) to transfer funds made available under such chapter, 
     shall be fully exercised and the funds transferred as 
     follows:
       (1) $53,000,000 shall be transferred to and consolidated 
     with funds appropriated under the heading ``peacekeeping 
     operations'' in title III of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2005 (as 
     enacted in division D of Public Law 108-447; 118 Stat. 2988) 
     and used for the support of the efforts of the African Union 
     to halt genocide and other atrocities in Darfur, Sudan; and
       (2) $40,500,000 shall be transferred to and consolidated 
     with funds appropriated under the heading ``international 
     disaster and famine assistance'' in such Act and used for 
     assistance for Darfur, Sudan.
                                 F_____
                                 
  SA 348. Mr. TALENT submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


         procurement of commercial satellite bandwidth services

       Sec. 1122. The Secretary of Defense may not implement the 
     action plan for the procurement of commercial satellite 
     bandwidth services proposed by the Assistant Secretary of 
     Defense for Networks and Information Integration on December 
     14, 2004, or enter into any new contract for commercial 
     satellite communications services (other than through 
     existing contract vehicles), until 30 days after the date on 
     which the Comptroller General of the United States submits to 
     the congressional defense committees a report setting forth 
     the comprehensive assessment and recommendations of the 
     Comptroller General regarding the Defense Information Systems 
     Network Satellite Transmission Services-Global (DSTS-G) 
     program, as previously requested by Congress.
                                 ______
                                 
  SA 349. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


  acquisition of vital learning recruitment/retention screening test 
                                program

       Sec. 1122. (a) In General.--In determining the person or 
     entity to supply the Vital Learning Recruitment/Retention 
     Screening Test Program to the Navy for purposes of the 
     acquisition of that program, the Secretary of the Navy shall 
     utilize a strategy that emphasizes past performance on 
     technical capabilities (commonly referred to as a ``best 
     value'' strategy) applicable to that program.

[[Page S3499]]

       (b) Vital Learning Recruitment/Retention Screening Test 
     Program Defined.--In this section, the term ``Vital Learning 
     Recruitment/Retention Screening Test Program'' means the 
     recruitment and retention screening test program of the Navy 
     for which $1,000,000 is available under the heading 
     ``Operation and Maintenance, Navy'' in each of the Department 
     of Defense Appropriations Act, 2004 (Public Law 108-87; 117 
     Stat. 1057) and the Department of Defense Appropriations Act, 
     2005 (Public Law 108-287; 118 Stat. 954).
                                 ______
                                 
  SA 350. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC 
                   VETERANS HEALTH ADMINISTRATION FACILITIES.

       Section 414(c)(1) of the Veterans Health Programs 
     Improvement Act of 2004, is amended by inserting ``, and all 
     outpatient clinics in the VA Boston Healthcare System'' 
     before the period at the end.
                                 ______
                                 
  SA 351. Mr. SALAZAR submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. SENSE OF THE SENATE ON THE EARNED INCOME TAX CREDIT.

       (a) Findings.--The Senate makes the following findings:
       (1) In an effort to provide support to military families, 
     this Act includes an important increase in the maximum 
     payable benefit under Servicemembers' Group Life Insurance 
     from $150,000 to $400,000.
       (2) In an effort to provide support to military families, 
     this Act includes an important increase in the death gratuity 
     from $12,000 to $100,000.
       (3) In an effort to provide support to military families, 
     this Act includes an important increase in the maximum 
     Reserve Affiliation bonus to $10,000.
       (4) The Federal earned income tax credit (EITC) under 
     section 32 of the Internal Revenue Code of 1986 provides 
     critical tax relief and support to military as well as 
     civilian families. In 2003, approximately 21,000,000 families 
     benefitted from the EITC.
       (5) Nearly 160,000 active duty members of the armed forces, 
     11 percent of all active duty members, currently are eligible 
     for the EITC, based on analyses of data from the Department 
     of Defense and the Government Accountability Office.
       (6) Congress acted in 2001 and 2004 to expand EITC 
     eligibility to more military personnel, recognizing that 
     military families and their finances are intensely affected 
     by war.
       (7) With over 300,000 National Guard and reservists called 
     to active duty since September 11, 2001, the need for tax 
     assistance is greater than ever.
       (8) Census data shows that the EITC lifted 4,900,000 people 
     out of poverty in 2002, including 2,700,000 children. The 
     EITC lifts more children out of poverty than any other single 
     program or category of programs.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) Congress should take steps necessary to support our 
     troops and their families;
       (2) it is not in the interests of our troops and their 
     families to reduce the earned income tax credit under section 
     32 of the Internal Revenue Code of 1986; and
       (3) the conference committee for H. Con. Res. 96, the 
     concurrent resolution on the budget for fiscal year 2006, 
     should not assume any reduction in the earned income tax 
     credit in the budget process this year, as provided in such 
     resolution as passed by the House of Representatives.
                                 ______
                                 
  SA 352. Mr. SALAZAR (for himself and Mr. Allard) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 162, between lines 22 and 23, insert the following:

     SEC. 1113. RENAMING OF DEATH GRATUITY PAYABLE FOR DEATHS OF 
                   MEMBERS OF THE ARMED FORCES AS FALLEN HERO 
                   COMPENSATION.

       (a) In General.--Subchapter II of chapter 75 of title 10, 
     United States Code, is amended as follows:
       (1) In section 1475(a), by striking ``have a death gratuity 
     paid'' and inserting ``have fallen hero compensation paid''.
       (2) In section 1476(a)--
       (A) in paragraph (1), by striking ``a death gratuity'' and 
     inserting ``fallen hero compensation''; and
       (B) in paragraph (2), by striking ``A death gratuity'' and 
     inserting ``Fallen hero compensation''.
       (3) In section 1477(a), by striking ``A death gratuity'' 
     and inserting ``Fallen hero compensation''.
       (4) In section 1478(a), by striking ``The death gratuity'' 
     and inserting ``The amount of fallen hero compensation''.
       (5) In section 1479(1), by striking ``the death gratuity'' 
     and inserting ``fallen hero compensation''.
       (6) In section 1489--
       (A) in subsection (a), by striking ``a gratuity'' in the 
     matter preceding paragraph (1) and inserting ``fallen hero 
     compensation''; and
       (B) in subsection (b)(2), by inserting ``or other 
     assistance'' after ``lesser death gratuity''.
       (b) Clerical Amendments.--(1) Such subchapter is further 
     amended by striking ``Death gratuity:'' each place it appears 
     in the heading of sections 1475 through 1480 and 1489 and 
     inserting ``Fallen hero compensation:''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by striking ``Death gratuity:'' in the 
     items relating to sections 1474 through 1480 and 1489 and 
     inserting ``Fallen hero compensation:''.
       (c) General References.--Any reference to a death gratuity 
     payable under subchapter II of chapter 75 of title 10, United 
     States Code, in any law, regulation, document, paper, or 
     other record of the United States shall be deemed to be a 
     reference to fallen hero compensation payable under such 
     subchapter, as amended by this section.
                                 ______
                                 
  SA 353. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                  OPERATIONS AND MAINTENANCE, GENERAL

       The Secretary of the Army, acting through the Chief of 
     Engineers, shall use any funds appropriated to the Secretary 
     pursuant to this Act to repair, restore, and maintain 
     projects and facilities of the Corps of Engineers, including 
     by dredging navigation channels, cleaning area streams, 
     providing emergency streambank protection, restoring such 
     public infrastructure as the Secretary determines to be 
     necessary (including sewer and water facilities), conducting 
     studies of the impacts of floods, and providing such flood 
     relief as the Secretary determines to be appropriate: 
     Provided, That of those funds, $32,000,000 shall be used by 
     the Secretary for the Upper Peninsula, Michigan.
                                 ______
                                 
  SA 354. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:


[[Page S3500]]


       On page 169, between lines 8 and 9, insert the following:


    prohibition on implementation of certain orders and guidance on 
 functions and duties of general counsel and judge advocate general of 
                             the air force

       Sec. 1122. No funds appropriated or otherwise made 
     available by this Act, or any other Act, may be obligated or 
     expended to implement or enforce either of the following:
       (1) The order of the Secretary of the Air Force dated May 
     15, 2003, and entitled ``Functions and Duties of the General 
     Counsel and the Judge Advocate General''.
       (2) Any internal operating instruction or memorandum issued 
     by the General Counsel of the Air Force in reliance upon the 
     order referred to in paragraph (1).
                                 ______
                                 
  SA 355. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                         CONSTRUCTION, GENERAL

       The Secretary of the Army, acting through the Chief of 
     Engineers, shall carry out construction at the Jacksonville 
     Harbor, Florida, in accordance with the report of the Chief 
     of Engineers dated July 22, 2003, using the funds 
     appropriated for that purpose under title I of division C of 
     the Energy and Water Development Appropriations Act, 2005 
     (Public Law 108-447; 118 Stat. 2935).
                                 ______
                                 
  SA 356. Mr. DURBIN (for himself, Ms. Mikulski, Mr. Allen, and Mr. 
Corzine) proposed an amendment to the bill H.R. 1268, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; as follows:

       On page 153, between lines 15 and 16, insert the following:

     SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS 
                   PERFORMING ACTIVE SERVICE IN THE UNIFORMED 
                   SERVICES OR NATIONAL GUARD.

       (a) Short Title.--This section may be cited as the 
     ``Reservists Pay Security Act of 2005''.
       (b) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services or National Guard

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     active duty in the uniformed services pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10 shall be entitled, while 
     serving on active duty, to receive, for each pay period 
     described in subsection (b), an amount equal to the amount by 
     which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that service, exceeds (if at all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for that service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     service on active duty to which called or ordered as 
     described in subsection (a).
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e)(1) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(2) The Administrator of the Federal Aviation 
     Administration shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of that agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee', `Federal Government', and 
     `uniformed services' have the same respective meanings as 
     given them in section 4303 of title 38;
       ``(2) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(3) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     55 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
              National Guard.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as amended by 
     this section) beginning on or after the date of enactment of 
     this Act.

                          ____________________