[Congressional Record Volume 151, Number 99 (Wednesday, July 20, 2005)]
[Senate]
[Pages S8574-S8582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1303. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill H.R. 3057, an act making appropriations for the 
Department of State, foreign operations, and related programs for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 175, between lines 6 and 7, insert the following:
       (e) It is the sense of Congress that, as the United States 
     pursues a policy of moving forward on negotiations for 
     Kosovo's future status, the funds made available during 2006 
     under this heading for assistance for Kosovo should be used 
     primarily for programs that will promote progress on the 
     long-term fulfillment in Kosovo of the standards on human 
     rights, rule of law, democracy, and respect for minorities 
     that were established by the United Nations and that are 
     critical to promoting lasting stability and peace in Kosovo 
     and the surrounding region.
                                 ______
                                 
  SA 1304. Mr. SCHUMER proposed an amendment to the bill H.R. 3057, an 
act making appropriations for the Department of State, foreign 
operations, and related programs for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 326, between lines 10 and 11, insert the following:


                         REPORT ON RECIPROCITY

       Sec. 6113. (a) Notwithstanding any other provision of law, 
     no agency or department of the United States may approve a 
     merger between a United States company and a foreign-owned 
     company or an acquisition of a United State company by a 
     foreign-owned company prior to 30 days after the date on 
     which the Secretary of State submits to Congress the report 
     required by subsection (c).
       (b) In this section:
       (1) The term ``appropriate congressional committees'' means 
     the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Select Committee on Intelligence of the 
     Senate and the Committee on Appropriations, the Committee on 
     Armed Services, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (2) The term ``foreign-owned company'' means an entity that 
     is owned or controlled by the government of a foreign 
     country.
       (3) The term ``entity'' means a partnership, association, 
     trust, joint venture, corporation, or other organization.
       (4) The term ``owned or controlled'' means--
       (A) in the case of a corporation, the holding of at least 
     50 percent (by vote or value) of the capital structure of the 
     corporation; and
       (B) in the case of any other kind of legal entity, the 
     holding of interests representing at least 50 percent of the 
     capital structure of the entity.
       (5) The term ``United States company'' means an entity that 
     has its primary place of business in the United States and 
     that is publicly traded on a United States based stock 
     exchange.
       (c) The report referred to in subsection (a) is a report 
     submitted to the appropriate congressional committees by the 
     Secretary of State, in consultation with the Secretary of 
     Commerce, on a proposed merger between a United States 
     company and a foreign-owned company or an acquisition of a 
     United State company by a foreign-owned company. Such report 
     shall include an assessment of whether the law and 
     regulations of the government that owns or controls the 
     foreign-owned company would generally permit a United States 
     company in the same industry as the foreign-owned company to 
     purchase, acquire, merge, or otherwise establish a joint 
     relationship with an entity whose primary place of business 
     is located in such foreign country.
                                 ______
                                 
  SA 1305. Mr. DODD (for himself, Mr. Nelson of Florida, Mr. Reed, Mr. 
Leahy, and Mr. Biden) proposed an amendment to the bill H.R. 3057, An 
act making appropriations for the Department of State, foreign 
operations, and related programs for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 259, at the end of the page add the following new 
     paragraph:
       ``(c) Funds made available for assistance for Haiti shall 
     be made available to support elections in Haiti after the 
     Secretary of State submits a written report to the Committee 
     on Appropriations, the House International Relations 
     Committee and the Senate Foreign Relations Committee setting 
     forth a detailed plan, in consultation with the Haitian 
     Transitional Government and the United Nations Stabilization 
     Mission (MINUSTAH), which includes an integrated public 
     security strategy to strengthen the rule of law, ensure that 
     acceptable security conditions exist to permit an electoral 
     process with broad based participation by all the political 
     parties, and provide a timetable for the demobilization, 
     disarmament and reintegration of armed groups: Provided, That 
     following the receipt of such report, up to $3,000,000 of the 
     funds made available under subsection (a)(3) should be made 
     available for the demobilization, disarmament, and 
     reintegration of armed groups in Haiti.
                                 ______
                                 
  SA 1306. Mr. McCONNELL (for Mr. Byrd) proposed an amendment to the 
bill H.R. 3057, an act making appropriations for the Department of 
State, foreign operations, and related programs for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 326, between lines 10 and 11, insert the following:


 RESPONSIBILITIES AND AUTHORITIES OF UNITED STATES-CHINA ECONOMIC AND 
                       SECURITY REVIEW COMMISSION

       Sec. . (a) Modification of Responsibilities.--
     Notwithstanding any provision of section 1238 of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (22 U.S.C. 7002), or any other provision of law, the 
     United States-China Economic and Security Review Commission 
     established by subsection (b) of that section should 
     investigate and report exclusively on each of the following 
     areas:
       (1) Proliferation practices.--The role of the People's 
     Republic of China in the proliferation of weapons of mass 
     destruction and other weapons (including dual use 
     technologies), including actions the United States might take 
     to encourage the People's Republic of China to cease such 
     practices.

[[Page S8575]]

       (2) Economic transfers.--The qualitative and quantitative 
     nature of the transfer of United States production activities 
     to the People's Republic of China, including the relocation 
     of high technology, manufacturing, and research and 
     development facilities, the impact of such transfers on 
     United States national security, the adequacy of United 
     States export control laws, and the effect of such transfers 
     on United States economic security and employment.
       (3) Energy.--The effect of the large and growing economy of 
     the People's Republic of China on world energy supplies and 
     the role the United States can play (including through joint 
     research and development efforts and technological 
     assistance) in influencing the energy policy of the People's 
     Republic of China.
       (4) Access to united states capital markets.--The extent of 
     access to and use of United States capital markets by the 
     People's Republic of China, including whether or not existing 
     disclosure and transparency rules are adequate to identify 
     People's Republic of China companies engaged in harmful 
     activities.
       (5) Regional economic and security impacts.--The triangular 
     economic and security relationship among the United States, 
     Taipei, and the People's Republic of China (including the 
     military modernization and force deployments of the People's 
     Republic of China aimed at Taipei), the national budget of 
     the People's Republic of China, and the fiscal strength of 
     the People's Republic of China in relation to internal 
     instability in the People's Republic of China and the 
     likelihood of the externalization of problems arising from 
     such internal instability.
       (6) United states-china bilateral programs.--Science and 
     technology programs, the degree of non-compliance by the 
     People's Republic of China with agreements between the United 
     States and the People's Republic of China on prison labor 
     imports and intellectual property rights, and United States 
     enforcement policies with respect to such agreements.
       (7) World trade organization compliance.--The compliance of 
     the People's Republic of China with its accession agreement 
     to the World Trade Organization (WTO).
       (b) Applicability of Federal Advisory Committee Act.--
     Subsection (g) of section 1238 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 is 
     amended to read as follows:
       ``(g) Applicability of FACA.--The provisions of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall apply to the 
     activities of the Commission.''.
                                 ______
                                 
  SA 1307. Mr. McCONNELL (for Mr. Leahy (for himself, Mrs. Clinton, Mr. 
Chafee, Ms. Mikulski, Mr. Corzine, and Mrs. Murray)) proposed an 
amendment to the bill H.R. 3057, an act making appropriations for the 
Department of State, foreign operations, and related programs for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 274, between lines 7 and 8, insert the following 
     new subsection:
       (e) Use of Funds.--None of the funds made available for the 
     UNFPA in this section may be used for any purpose except--
       (1) to provide and distribute equipment, medicine, and 
     supplies, including safe delivery kits and hygiene kits, to 
     ensure safe childbirth and emergency obstetric care;
       (2) to prevent and treat cases of obstetric fistula;
       (3) to make available supplies of contraceptives for the 
     prevention of pregnancy and sexually transmitted infections, 
     including HIV/AIDS;
       (4) to reestablish maternal health services in areas where 
     medical infrastructure and such services have been destroyed 
     by natural disasters;
       (5) to eliminate the practice of female genital mutilation; 
     or
       (6) to promote the access of unaccompanied women and other 
     vulnerable people to vital services, including access to 
     water, sanitation facilities, food, and health care.
                                 ______
                                 
  SA 1308. Mr. McCONNELL (for Mr. Frist) proposed an amendment to the 
bill H.R. 3057, an act making appropriations for the Department of 
State, foreign operations, and related programs for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 326, between lines 10 and 11, insert the following:


           NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS

       Sec. 6113. Funds appropriated under title III under the 
     heading ``nonproliferation, anti-terrorism, demining and 
     related programs'' may be made available to the Under 
     Secretary of State for Arms Control and International 
     Security for use in certain nonproliferation efforts and 
     counterproliferation efforts such as increased voluntary dues 
     to the International Atomic Energy Agency, activities under 
     the Proliferation Security Initiative, and the Cooperative 
     Threat Reduction program, and in support of the National 
     Counter Proliferation Center and its activities.
                                 ______
                                 
  SA. 1309. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title III, add the following:

     SEC. 330. PERMANENT AND MODIFIED AUTHORITY OF ARMY WORKING-
                   CAPITAL FUNDED FACILITIES TO ENGAGE IN 
                   COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.

       (a) Permanent Authority.--Section 4544 of title 10, United 
     States Code, is amended by striking subsection (j).
       (b) Utilization of Proceeds of Sale of Articles and 
     Services.--Such section is further amended--
       (1) in subsection (d), by striking ``subsection (e)'' and 
     inserting ``subsection (f)'';
       (2) by redesignating subsections (e), (f), (g), (h), and 
     (i) as subsections (f), (g), (h), (i), and (j), respectively;
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Utilization of Proceeds.--(1) The proceeds of sale of 
     articles and services received in connection with the use of 
     an Army industrial facility under this section shall be 
     credited to the appropriation or working-capital fund that 
     incurs the variable costs of manufacturing the articles or 
     performing the services. Notwithstanding section 3302(b) of 
     title 31, the amount so credited with respect to an Army 
     industrial facility shall be available, without further 
     appropriation, as follows:
       ``(A) Amounts equal to the amounts of the variable costs so 
     incurred shall be available for the same purposes as the 
     appropriation or working-capital fund to which credited.
       ``(B) Amounts in excess of the amounts of the variable 
     costs so incurred shall be available for operation, 
     maintenance, and environmental restoration at that Army 
     industrial facility.
       ``(2) Amounts credited to a working-capital fund under 
     paragraph (1) shall remain available until expended. Amounts 
     credited to an appropriation under paragraph (1) shall remain 
     available for the same period as the appropriation to which 
     credited.''; and
       (4) in subsection (g), as redesignated by paragraph (2) of 
     this subsection, by striking ``subsection (e)'' and inserting 
     ``subsection (f)''.
                                 ______
                                 
  SA. 1310. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title III, add the following:

     SEC. 330. PERMANENT AND MODIFIED AUTHORITY OF ARMY WORKING-
                   CAPITAL FUNDED FACILITIES TO ENGAGE IN 
                   COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.

       (a) Permanent Authority.--Section 4544 of title 10, United 
     States Code, is amended by striking subsection (j).
       (b) Crediting of Proceeds of Sale of Articles and 
     Services.--Such section is further amended--
       (1) in subsection (d), by striking ``subsection (e)'' and 
     inserting ``subsection (f)'';
       (2) by redesignating subsections (e), (f), (g), (h), and 
     (i) as subsections (f), (g), (h), (i), and (j), respectively;
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Proceeds Credited to Working Capital Fund.--The 
     proceeds of sale of an article or service pursuant to a 
     contract or other cooperative arrangement under this section 
     shall be credited to the working capital fund that incurs the 
     cost of manufacturing the article or performing the 
     service.''; and
       (4) in subsection (g), as redesignated by paragraph (2) of 
     this subsection, by striking ``subsection (e)'' and inserting 
     ``subsection (f)''.
                                 ______
                                 
  SA. 1311. Mr. INHOFE submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:


                      ECONOMIC AND ENERGY SECURITY

       Sec. _. Section 721 of the Defense Production Act of 1950 
     (50 U.S.C. App. 2170) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by striking ``The President'' and inserting ``(1) In 
     General.--The President'';

[[Page S8576]]

       (C) by inserting ``, including national economic and energy 
     security,'' after ``national security'';
       (D) by adding at the end the following new paragraph:
       ``(2) Notice and wait requirement.--
       ``(A) Notification of approval.--The President shall notify 
     the appropriate congressional committees of each approval of 
     any proposed merger, acquisition, or takeover that is 
     investigated under paragraph (1).
       ``(B) Joint resolution objecting to transaction.--
       ``(i) Delay pending consideration of resolution.--A 
     transaction described in subparagraph (A) may not be 
     consummated until 10 legislative days after the President 
     provides the notice required under such subparagraph. If a 
     joint resolution objecting to the proposed transaction is 
     introduced in either House of Congress by the chairman of one 
     of the appropriate congressional committees during such 
     period, the transaction may not be consummated until 30 
     legislative days after such resolution.
       ``(ii) Disapproval upon passage of resolution.--If a joint 
     resolution introduced under clause (i) is agreed to by both 
     Houses of Congress, the transaction may not be 
     consummated.'';
       (E) in paragraph (1)(B) (as so designated by this 
     paragraph), by striking ``shall'';
       (2) in subsection (d), by striking ``subsection (d)'' and 
     inserting ``subsection (e)'';
       (3) in subsection (e), by striking ``subsection (c)'' and 
     inserting ``subsection (d)'';
       (4) in subsection (f)(3), by inserting ``, including 
     national economic and energy security,'' after ``national 
     security'';
       (5) in subsection (g)--
       (A) by striking ``Report to the Congress'' in the heading 
     and inserting ``Reports to Congress'';
       (B) by striking ``The President'' and inserting the 
     following: ``(1) Reports on determinations.--The President'';
       (C) by adding at the end the following new paragraph:
       ``(2) Reports on considered transactions.--
       ``(A) In general.--The President or the President's 
     designee shall transmit to the appropriate congressional 
     committees on a monthly basis a report containing a detailed 
     summary and analysis of each transaction the consideration of 
     which was completed by the Committee on Foreign Acquisitions 
     Affecting National Security since the most recent report.
       ``(B) Content.--Each report submitted under subparagraph 
     (A) shall include--
       ``(i) a description of all of the elements of each 
     transaction; and
       ``(ii) a description of the standards and criteria used by 
     the Committee to assess the impact of each transaction on 
     national security.
       ``(C) Form.--The reports submitted under subparagraph (A) 
     shall be submitted in both classified and unclassified form, 
     and company proprietary information shall be appropriately 
     protected.''; and
       (D) by striking ``of this Act'';
       (6) in subsection (k)--
       (A) by striking ``Quadrennial'' in the heading and 
     inserting ``Annual''; and
       (B) in paragraph (1)--
       (i) by striking ``upon the expiration of every 4 years'' 
     and inserting ``annually'';
       (ii) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (iii) in subparagraph (B), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following new subparagraph:
       ``(C) evaluates the cumulative effect on national security 
     of foreign investment in the United States.''; and
       (7) by adding at the end the following new subsections:
       ``(l) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Armed Services, the Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     Senate; and
       ``(2) the Committee on Financial Services, the Committee on 
     Armed Services, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.
       ``(m) Designee.--Notwithstanding any other provision of 
     law, the designee of the President for purposes of this 
     section shall be known as the `Committee on Foreign 
     Acquisitions Affecting National Security', and such committee 
     shall be chaired by the Secretary of Defense.''.
                                 ______
                                 
  SA 1312. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XII, insert the following:

     SEC. 1205. THE UNITED STATES-CHINA ECONOMIC AND SECURITY 
                   REVIEW COMMISSION.

       (a) Findings.--Congress finds the following:
       (1) The 2004 Report to Congress of the United States-China 
     Economic and Security Review Commission states that--
       (A) China's State-Owned Enterprises (SOEs) lack adequate 
     disclosure standards, which creates the potential for United 
     States investors to unwittingly contribute to enterprises 
     that are involved in activities harmful to United States 
     security interests;
       (B) United States influence and vital long-term interests 
     in Asia are being challenged by China's robust regional 
     economic engagement and diplomacy;
       (C) the assistance of China and North Korea to global 
     ballistic missile proliferation is extensive and ongoing;
       (D) China's transfers of technology and components for 
     weapons of mass destruction (WMD) and their delivery systems 
     to countries of concern, including countries that support 
     acts of international terrorism, has helped create a new tier 
     of countries with the capability to produce WMD and ballistic 
     missiles;
       (E) the removal of the European Union arms embargo against 
     China that is currently under consideration in the European 
     Union would accelerate weapons modernization and dramatically 
     enhance Chinese military capabilities;
       (F) China's recent actions toward Taiwan call into question 
     China's commitments to a peaceful resolution;
       (G) China is developing a leading-edge military with the 
     objective of intimidating Taiwan and deterring United States 
     involvement in the Strait, and China's qualitative and 
     quantitative military advancements have already resulted in a 
     dramatic shift in the cross-Strait military balance toward 
     China; and
       (H) China's growing energy needs are driving China into 
     bilateral arrangements that undermine multilateral efforts to 
     stabilize oil supplies and prices, and in some cases may 
     involve dangerous weapons transfers.
       (2) On March 14, 2005, the National People's Congress 
     approved a law that would authorize the use of force if 
     Taiwan formally declares independence.
       (b) Sense of Congress.--
       (1) Plan.--The President is strongly urged to take 
     immediate steps to establish a plan to implement the 
     recommendations contained in the 2004 Report to Congress of 
     the United States-China Economic and Security Review 
     Commission in order to correct the negative implications that 
     a number of current trends in United States-China relations 
     have for United States long-term economic and national 
     security interests.
       (2) Contents.--Such a plan should contain the following:
       (A) Actions to address China's policy of undervaluing its 
     currency, including--
       (i) encouraging China to provide for a substantial upward 
     revaluation of the Chinese yuan against the United States 
     dollar;
       (ii) allowing the yuan to float against a trade-weighted 
     basket of currencies; and
       (iii) concurrently encouraging United States trading 
     partners with similar interests to join in these efforts.
       (B) Actions to make better use of the World Trade 
     Organization (WTO) dispute settlement mechanism and 
     applicable United States trade laws to redress China's unfair 
     trade practices, including China's exchange rate 
     manipulation, denial of trading and distribution rights, lack 
     of intellectual property rights protection, objectionable 
     labor standards, subsidization of exports, and forced 
     technology transfers as a condition of doing business. The 
     United States Trade Representative should consult with our 
     trading partners regarding any trade dispute with China.
       (C) Actions to encourage United States diplomatic efforts 
     to identify and pursue initiatives to revitalize United 
     States engagement with China's Asian neighbors. The 
     initiatives should have a regional focus and complement 
     bilateral efforts. The Asia-Pacific Economic Cooperation 
     forum (APEC) offers a ready mechanism for pursuit of such 
     initiatives.
       (D) Actions by the administration to hold China accountable 
     for proliferation of prohibited technologies and to secure 
     China's agreement to renew efforts to curtail North Korea's 
     commercial export of ballistic missiles.
       (E) Actions to encourage the creation of a new United 
     Nations framework for monitoring the proliferation of WMD and 
     their delivery systems in conformance with member nations' 
     obligations under the Nuclear Non-Proliferation Treaty, the 
     Biological Weapons Convention, and the Chemical Weapons 
     Convention. The new monitoring body should be delegated 
     authority to apply sanctions to countries violating these 
     treaties in a timely manner, or, alternatively, should be 
     required to report all violations in a timely manner to the 
     Security Council for discussion and sanctions.
       (F) Actions by the administration to conduct a fresh 
     assessment of the ``One China'' policy, given the changing 
     realities in China and Taiwan. This should include a review 
     of--
       (i) the policy's successes, failures, and continued 
     viability;
       (ii) whether changes may be needed in the way the United 
     States Government coordinates its defense assistance to 
     Taiwan, including the need for an enhanced operating 
     relationship between United States and Taiwan defense 
     officials and the establishment of a United States-Taiwan 
     hotline for dealing with crisis situations;

[[Page S8577]]

       (iii) how United States policy can better support Taiwan's 
     breaking out of the international economic isolation that 
     China seeks to impose on it and whether this issue should be 
     higher on the agenda in United States-China relations; and
       (iv) economic and trade policy measures that could help 
     ameliorate Taiwan's marginalization in the Asian regional 
     economy, including policy measures such as enhanced United 
     States-Taiwan bilateral trade arrangements that would include 
     protections for labor rights, the environment, and other 
     important United States interests.
       (G) Actions by the Secretaries of State and Energy to 
     consult with the International Energy Agency with the 
     objective of upgrading the current loose experience-sharing 
     arrangement, whereby China engages in some limited exchanges 
     with the organization, to a more structured arrangement 
     whereby China would be obligated to develop a meaningful 
     strategic oil reserve, and coordinate release of stocks in 
     supply-disruption crises or speculator-driven price spikes.
       (H) Actions by the administration to develop and publish a 
     coordinated, comprehensive national policy and strategy 
     designed to meet China's challenge to maintaining United 
     States scientific and technological leadership and 
     competitiveness in the same way the administration is 
     presently required to develop and publish a national security 
     strategy.
       (I) Actions to revise the law governing the Committee on 
     Foreign Investment in the United States (CFIUS), including 
     expanding the definition of national security to include the 
     potential impact on national economic security as a criterion 
     to be reviewed, and transferring the chairmanship of CFIUS 
     from the Secretary of the Treasury to a more appropriate 
     executive branch agency.
       (J) Actions by the President and the Secretaries of State 
     and Defense to press strongly their European Union 
     counterparts to maintain the EU arms embargo on China.
       (K) Actions by the administration to restrict foreign 
     defense contractors, who sell sensitive military use 
     technology or weapons systems to China, from participating in 
     United States defense-related cooperative research, 
     development, and production programs. Actions by the 
     administration may be targeted to cover only those technology 
     areas involved in the transfer of military use technology or 
     weapons systems to China. The administration should provide a 
     comprehensive annual report to the appropriate committees of 
     Congress on the nature and scope of foreign military sales to 
     China, particularly sales by Russia and Israel.
       (L) Any additional actions outlined in the 2004 Report to 
     Congress of the United States-China Economic and Security 
     Review Commission that affect the economic or national 
     security of the United States.
                                 ______
                                 
  SA 1313. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XII, add the following:

     SEC. 1205. ANNUAL REPORT ON THE INTERNATIONAL COMMITTEE ON 
                   THE RED CROSS.

       (a) Annual Report Required.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State shall, with the 
     concurrence of the Secretary of Defense and the Attorney 
     General, submit to Congress the activities and management of 
     the International Committee of the Red Cross (ICRC) meeting 
     the requirements set forth in subsection (b).
       (b) Elements of Reports.--(1) Each report under subsection 
     (a) shall include, for the one-year period ending on the date 
     of such report, the following:
       (A) A description of the financial contributions of the 
     United States, and of any other country, to the International 
     Committee of the Red Cross.
       (B) A detailed description of the allocations of the funds 
     available to the International Committee of the Red Cross to 
     international relief activities and international 
     humanitarian law activities as defined by the International 
     Committee.
       (C) A description of how United States contributions to the 
     International Committee of the Red Cross are allocated to the 
     activities described in subparagraph (B) and to other 
     activities.
       (D) The nationality of each Assembly member, Assembly 
     Council member, and Directorate member of the International 
     Committee of the Red Cross, and the annual salary of each.
       (E) A description of any activities of the International 
     Committee of the Red Cross to determine the status of United 
     States prisoners of war (POWs) or missing in action (MIAs) 
     who remain unaccounted for.
       (F) A description of the efforts of the International 
     Committee of the Red Cross to assist United States prisoners 
     of war.
       (G) A description of any expression of concern by the 
     Department of State, or any other department or agency of the 
     Executive Branch, that the International Committee of the Red 
     Cross, or any organization or employee of the International 
     Committee, exceeded the mandate of the International 
     Committee, violated established principles or practices of 
     the International Committee, interpreted differently from the 
     United States any international law or treaty to which the 
     United States is a state-party, or engaged in advocacy work 
     that exceeded the mandate of the International Committee.
       (2) The first report under subsection (a) shall include, in 
     addition to the matters specified in paragraph (1) the 
     following:
       (A) The matters specified in subparagraphs (A) and (G) of 
     paragraph (1) for the period beginning on January 1, 1990, 
     and ending on the date of the enactment of this Act.
       (B) The matters specified in subparagraph (E) of paragraph 
     (1) for the period beginning on January 1, 1947, and ending 
     on the date of the enactment of this Act.
       (C) The matters specified in subparagraph (F) of paragraph 
     (1) during each of the Korean conflict, the Vietnam era, and 
     the Persian Gulf War.
       (c) Definitions.--In this section, the terms ``Korean 
     conflict'', ``Vietnam era'', and ``Persian Gulf War'' have 
     the meaning given such terms in section 101 of title 38, 
     United States Code.
                                 ______
                                 
  SA 1314. Mr. WARNER (for himself and Mr. Kyl) proposed an amendment 
to the bill S. 1042, to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 303, strike line 3 and all that follows through 
     page 304, line 24, and insert the following:
       (3) For other procurement $376,700,000.
       (b) Availability of Certain Amounts.--
       (1) Availability.--Of the amount authorized to be 
     appropriated by subsection (a)(3), $225,000,000 shall be 
     available for purposes as follows:
       (A) Procurement of up-armored high mobility multipurpose 
     wheeled vehicles (UAHs).
       (B) Procurement of wheeled vehicle add-on armor protection, 
     including armor for M1151/M1152 high mobility multipurpose 
     wheeled vehicles.
       (C) Procurement of M1151/M1152 high mobility multipurpose 
     wheeled vehicles.
       (2) Allocation of funds.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Army shall allocate the manner in which amounts 
     available under paragraph (1) shall be available for the 
     purposes specified in that paragraph.
       (B) Limitation.--Amounts available under paragraph (1) may 
     not be allocated under subparagraph (A) until the Secretary 
     certifies to the congressional defense committees that the 
     Army has a validated requirement for procurement for a 
     purpose specified in paragraph (1) based on a statement of 
     urgent needs from a commander of a combatant command.
       (C) Reports.--Not later than 15 days after an allocation of 
     funds is made under subparagraph (A), the Secretary shall 
     submit to the congressional defense committees a report 
     describing such allocation of funds.

     SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2006 for the procurement accounts of the Navy 
     in amounts as follows:
       (1) For aircraft, $183,800,000.
       (2) For weapons, including missiles and torpedoes, 
     $165,500,000.
       (3) For other procurement, $30,800,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for the procurement account 
     for the Marine Corps in the amount of $429,600,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2006 for the 
     procurement account for ammunition for the Navy and the 
     Marine Corps in the amount of $104,500,000.
       (d) Availability of Certain Amounts.--
       (1) Availability.--Of the amount authorized to be 
     appropriated by subsection (b), $340,400,000 shall be 
     available for purposes as follows:
       (A) Procurement of up-armored high mobility multipurpose 
     wheeled vehicles (UAHs).
       (B) Procurement of wheeled vehicle add-on armor protection, 
     including armor for M1151/M1152 high mobility multipurpose 
     wheeled vehicles.
       (C) Procurement of M1151/M1152 high mobility multipurpose 
     wheeled vehicles.
       (2) Allocation of funds.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Navy shall allocate the manner in which amounts 
     available under paragraph (1) shall be available for the 
     purposes specified in that paragraph.
       (B) Limitation.--Amounts available under paragraph (1) may 
     not be allocated under subparagraph (A) until the Secretary 
     certifies to the congressional defense committees that the 
     Marine Corps has a validated requirement for procurement for 
     a purpose specified in paragraph (1) based on a statement of 
     urgent needs from a commander of a combatant command.
       (C) Reports.--Not later than 15 days after an allocation of 
     funds is made under subparagraph (A), the Secretary shall 
     submit to

[[Page S8578]]

     the congressional defense committees a report describing such 
     allocation of funds.
                                 ______
                                 
  SA 1315. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1042, to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle H of title V, add the following:

     SEC. 596. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD OF 
                   DEGREE OF MASTER OF SCIENCE IN JOINT CAMPAIGN 
                   PLANNING AND STRATEGY.

       (a) Joint Forces Staff College Program.--Section 2163 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 2163. National Defense University: master of science 
       degrees

       ``(a) Authority To Award Specified Degrees.--The President 
     of the National Defense University, upon the recommendation 
     of the faculty of the respective college or other school 
     within the University, may confer the master of science 
     degrees specified in subsection (b).
       ``(b) Authorized Degrees.--The following degrees may be 
     awarded under subsection (a):
       ``(1) Master of science in national security strategy.--The 
     degree of master of science in national security strategy, to 
     graduates of the University who fulfill the requirements of 
     the program of the National War College.
       ``(2) Master of science in national resource strategy.--The 
     degree of master of science in national resource strategy, to 
     graduates of the University who fulfill the requirements of 
     the program of the Industrial College of the Armed Forces.
       ``(3) Master of science in joint campaign planning and 
     strategy.--The degree of master of science in joint campaign 
     planning and strategy, to graduates of the University who 
     fulfill the requirements of the program of the Joint Advanced 
     Warfighting School at the Joint Forces Staff College.
       ``(c) Regulations.--The authority provided by this section 
     shall be exercised under regulations prescribed by the 
     Secretary of Defense.''.
       (b) Clerical Amendment.--The item relating to section 2163 
     in the table of sections at the beginning of chapter 108 of 
     such title is amended to read as follows:

``2163. National Defense University: master of science degrees.''.

       (c) Effective Date.--Paragraph (3) of section 2163(b) of 
     title 10, United States Code, as amended by subsection (a), 
     shall take effect for degrees awarded after May 2005.
                                 ______
                                 
  SA 1316. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 213. JOINT SERVICE SMALL ARMS PROGRAM.

       (a) Increased Amount for Research, Development, Test, and 
     Evaluation, Army.--The amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation for the Army is hereby increased by $5,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $5,000,000 shall be available for the Joint Service 
     Small Arms Program.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation for Defense-wide activities is hereby reduced by 
     $5,000,000, with the amount of the reduction to be allocated 
     to Distribution Process Owner Technology Development and 
     Implementation.
                                 ______
                                 
  SA 1317. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 213. TOWED ARRAY HANDLER.

       (a) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, $5,000,000 shall be 
     available for Program Element 0604503N for the design, 
     development, and test of improvements to the towed array 
     handler in order to increase the reliability of the towed 
     array and the towed array handler by capitalizing on ongoing 
     testing and evaluation of such systems.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy, the amount available for Program 
     Element 0604558N for new design for the Virginia Class 
     submarine for the large aperture bow array is hereby reduced 
     by $5,000,000.
                                 ______
                                 
  SA 1318. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1042, to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle E of title VIII, add the following:

     SEC. 846. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE 
                   PARTNERSHIPS FOR RESEARCH AND DEVELOPMENT.

       (a) Pilot Program Authorized.--The Secretary of Defense may 
     carry out a pilot program to authorize the organizations 
     referred to in subsection (b) to enter into cooperative 
     research and development agreements under section 12 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a) in order to assess the benefits of such agreements for 
     such organizations and for the Department of Defense as a 
     whole.
       (b) Covered Organizations.--The organizations referred to 
     in this subsection are as follows:
       (1) The National Defense University.
       (2) The Defense Acquisition University.
       (3) The Joint Forces Command.
       (4) The United States Transportation Command.
       (c) Limitation.--No agreement may be entered into, or 
     continue in force, under the pilot program under subsection 
     (a) after September 30, 2009.
       (d) Report.--Not later than February 1, 2009, the Secretary 
     shall submit to the congressional defense committees a report 
     on the pilot program under subsection (a). The report shall 
     include--
       (1) a description of any agreements entered into under the 
     pilot program; and
       (2) the assessment of the Secretary of the benefits of the 
     agreements entered into under the pilot program for the 
     organizations referred to in subsection (b) and for the 
     Department of Defense as a whole.
                                 ______
                                 
  SA 1319. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1042, to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle E of title II, add the following:

     SEC. 244. MODIFICATION OF REQUIREMENTS FOR REPORTS ON PROGRAM 
                   TO AWARD PRIZES FOR ADVANCED TECHNOLOGY 
                   ACHIEVEMENTS.

       Subsection (e) of section 2374a of title 10, United States 
     Code, is amended to read as follows:
       ``(e) Annual Report.--(1) Not later than March 1 each year, 
     the Secretary shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the activities undertaken by the Defense Advanced 
     Research Projects Agency in the preceding year under the 
     authority of this section.
       ``(2) The report for a year under this subsection shall 
     include the following:
       ``(A) The results of consultations between the Director and 
     officials of the military departments regarding the areas of 
     research, technology development, or prototype development 
     for which prizes would be awarded under the program under 
     this section.
       ``(B) A description of the proposed goals of the 
     competitions established under the program, including the 
     areas of research, technology development, or prototype 
     development to be promoted by such competitions and the 
     relationship of such areas to the military missions of the 
     Department.
       ``(C) The total amount of cash prizes awarded under the 
     program, including a description of the manner in which the 
     amounts of cash prizes awarded and claimed were allocated 
     among the accounts of the Defense Advanced Research Projects 
     Agency for recording as obligations and expenditures.
       ``(D) The methods used for the solicitation and evaluation 
     of submissions under the program, together with an assessment 
     of the effectiveness of such methods.
       ``(E) A description of the resources, including personnel 
     and funding, used in the execution of the program, together 
     with a detailed description of the activities for which such 
     resources were used.
       ``(F) A description of any plans to transition the 
     technologies or prototypes developed as a result of the 
     program into acquisition programs of the Department.

[[Page S8579]]

       ``(G) For each competition under the program, a statement 
     of the reasons why the competition was a preferable means of 
     promoting basic, advanced, or applied research, technology 
     development, or prototype development projects to other means 
     of promoting such projects, including contracts, grants, 
     cooperative agreements, or other transactions.''.
                                 ______
                                 
  SA 1320. Mr. WARNER proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 289, line 25, strike ``during such periods'' and 
     insert ``in the case of the period after completion of the 
     degree''.
                                 ______
                                 
  SA 1321. Mr. WARNER proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of subtitle B of title VII, add the following:

     SEC. 718. QUALIFICATIONS FOR INDIVIDUALS SERVING AS TRICARE 
                   REGIONAL DIRECTORS.

       (a) Qualifications.--Effective as of the date of the 
     enactment of this Act, no individual may serve in the 
     position of Regional Director under the TRICARE program 
     unless the individual--
       (1) is--
       (A) an officer of the Armed Forces in a general or flag 
     officer grade; or
       (B) a civilian employee of the Department of Defense in the 
     Senior Executive Service; and
       (2) has at least 10 years of experience, or equivalent 
     expertise or training, in the military health care system, 
     managed care, and health care policy and administration.
       (b) TRICARE Program Defined.--In this section, the term 
     ``TRICARE program'' has the meaning given such term in 
     section 1072(7) of title 10, United States Code.
                                 ______
                                 
  SA 1322. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1042, to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 27, line 21, strike ``$18,843,296,000'' and insert 
     ``$19,011,754,000''.
       On page 305, between lines 19 and 20, insert the following:
       (6) For the Naval Reserve, $2,400,000.
                                 ______
                                 
  SA 1323. Mr. WARNER (for Mr. Graham) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 77, strike lines 22 through 25 and insert the 
     following:

     Section 3037(a) of title 10, United States Code, is amended 
     by striking the last sentence and inserting the following new 
     sentences: ``The Judge Advocate General, while so serving, 
     has the grade of lieutenant general. An officer appointed as 
     Assistant Judge Advocate General who holds a lower regular 
     grade shall be appointed in the regular grade of major 
     general.''.
                                 ______
                                 
  SA 1324. Mr. WARNER (for Mr. McConnell (for himself, Mr. Allard, Mr. 
Salazar, and Mr. Bunning)) proposed an amendment to the bill S. 1042, 
to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 213. CHEMICAL DEMILITARIZATION FACILITIES.

       (a) Authority To Use Research, Development, Test, and 
     Evaluation Funds To Construct Facilities.--The Secretary of 
     Defense may, using amounts authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide and available for chemical weapons 
     demilitarization activities under the Assembled Chemical 
     Weapons Alternatives program, carry out construction 
     projects, or portions of construction projects, for 
     facilities necessary to support chemical demilitarization 
     operations at each of the following:
       (1) Pueblo Army Depot, Colorado.
       (2) Blue Grass Army Depot, Kentucky.
       (b) Scope of Authority.--The authority in subsection (a) to 
     carry out a construction project for facilities includes 
     authority to carry out planning and design and the 
     acquisition of land for the construction or improvement of 
     such facilities.
       (c) Limitation on Amount of Funds.--The amount of funds 
     that may be utilized under the authority in subsection (a) 
     may not exceed $51,000,000.
       (d) Duration of Authority.--A construction project, or 
     portion of a construction project, may not be commenced under 
     the authority in subsection (a) after September 30, 2006.
       (e) Notice and Wait.--The Secretary may not carry out a 
     construction project, or portion of a construction project, 
     under the authority in subsection (a) until the end of the 
     21-day period beginning on the date on which the Secretary 
     notifies the congressional defense committees of the intent 
     to carry out such project.
                                 ______
                                 
  SA 1325. Mr. LEVIN (for himself and Ms. Collins) proposed an 
amendment to the bill S. 1042, to authorize appropriations for fiscal 
year 2006 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       At the end of title XI, add the following:

     SEC. 1106. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN 
                   EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

       (a) Plan Required.--(1) Not later than six months after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall develop and submit to the appropriate committees of 
     Congress a strategic plan to shape and improve the civilian 
     employee workforce of the Department of Defense.
       (2) The plan shall be known as the ``strategic human 
     capital plan''.
       (b) Contents.--The strategic human capital plan required by 
     subsection (a) shall include--
       (1) a workforce gap analysis, including an assessment of--
       (A) the critical skills and competencies that will be 
     needed in the future civilian employee workforce of the 
     Department of Defense to support national security 
     requirements and effectively manage the Department over the 
     next decade;
       (B) the skills and competencies of the existing civilian 
     employee workforce of the Department and projected trends in 
     that workforce based on expected losses due to retirement and 
     other attrition; and
       (C) gaps in the existing or projected civilian employee 
     workforce of the Department that should be addressed to 
     ensure that the Department has continued access to the 
     critical skills and competencies described in subparagraph 
     (A); and
       (2) a plan of action for developing and reshaping the 
     civilian employee workforce of the Department to address the 
     gaps in critical skills and competencies identified under 
     paragraph (1)(C), including--
       (A) specific recruiting and retention goals, including the 
     program objectives of the Department to be achieved through 
     such goals; and
       (B) specific strategies for development, training, 
     deploying, compensating, and motivating the civilian employee 
     workforce of the Department, including the program objectives 
     of the Department to be achieved through such strategies.
       (c) Inapplicability of Certain Limitations.--The 
     recruitment and retention of civilian employees to meet the 
     goals established under subsection (b)(2)(A) shall not be 
     subject to any limitation or constraint under statute or 
     regulations on the end strength of the civilian workforce of 
     the Department of Defense or any part of the workforce of the 
     Department.
       (d) Annual Updates.--Not later than March 1 of each year 
     from 2007 through 2012, the Secretary shall update the 
     strategic human capital plan required by subsection (a), as 
     previously updated under this subsection.
       (e) Annual Reports.--Not later than March 1 of each year 
     from 2007 through 2012, the Secretary shall submit to the 
     appropriate committees of Congress--
       (1) the update of the strategic human capital plan prepared 
     in such year under subsection (d); and
       (2) the assessment of the Secretary, using results-oriented 
     performance measures, of the progress of the Department of 
     Defense in implementing the strategic human capital plan.
       (f) Comptroller General Review.--(1) Not later than 90 days 
     after the Secretary submits under subsection (a) the 
     strategic human capital plan required by that subsection, the 
     Comptroller General shall submit to the appropriate 
     committees of Congress a report on the plan.
       (2) Not later than 90 days after the Secretary submits 
     under subsection (e) an update of the strategic human capital 
     plan under subsection (d), the Comptroller General shall 
     submit to the appropriate committees of Congress a report on 
     the update.

[[Page S8580]]

       (3) A report on the strategic human capital plan under 
     paragraph (1), or on an update of the plan under paragraph 
     (2), shall include the assessment of the Comptroller General 
     of the extent to which the plan or update, as the case may 
     be--
       (A) complies with the requirements of this section; and
       (B) complies with applicable best management practices (as 
     determined by the Comptroller General).
       (g) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services and Homeland Security 
     and Governmental Affairs of the Senate; and
       (2) the Committees on Armed Services and Government Reform 
     of the House of Representatives.
                                 ______
                                 
  SA 1326. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 213. 20MM-40MM MEDIUM CALIBER METAL PARTS MANUFACTURE.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation for the Army.--The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $1,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $1,000,000 shall be available for Munitions 
     Standardization, Effectiveness and Safety (PE#605805A) for 
     20mm-40mm Medium Caliber Metal Parts Manufacture.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance, Defense-wide 
     activities is hereby reduced by $1,000,000, with the amount 
     of the reduction to be allocated to amounts for Information 
     Technology Initiatives.
                                 ______
                                 
  SA 1327. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 213. CIVIL RESERVE SPACE SERVICE.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation, Air Force.--The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $3,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force, as increased by 
     subsection (a), $3,000,000 shall be available for the 
     Satellite Control Network (Space) (PE#305110F) for the Civil 
     Reserve Space Service.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance for Defense-wide 
     activities is hereby reduced by $3,000,000, with the amount 
     of the reduction to be allocated to amounts available for 
     Information Technology Initiatives.
                                 ______
                                 
  SA 1328. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 213. ADVANCED LIGHTWEIGHT SILICON SWITCH FOR THE 
                   ELECTROMAGNETIC GUN SYSTEM.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation, Army.--The amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation for the army is hereby increased by $2,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $2,000,000 shall be available for Weapons and Munitions 
     Advanced Technology (PE#603004A) for the Advanced Lightweight 
     Silicon Switch (LSS) for the Electromagnetic Gun System.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance for Defense-wide 
     activities is hereby reduced by $2,000,000, with the amount 
     of the reduction to be allocated to amounts available for 
     Information Technology Initiatives.
                                 ______
                                 
  SA 1329. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 124. RAPID INTRAVENOUS INFUSION PUMP.

       (a) Additional Amount for Procurement for the Marine 
     Corps.--The amount authorized to be appropriated by section 
     102(b) for procurement for the Marine Corps is hereby 
     increased by $1,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 102(b) for procurement for the Marine 
     Corps, as increased by subsection (a), $1,000,000 shall be 
     available for General Property for Field Medical Equipment 
     for the Rapid Intravenous (IV) Infusion Pump.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance, Defense-wide 
     activities is hereby reduced by $1,000,000, with the amount 
     of the reduction to be allocated to amounts for Information 
     Technology Initiatives.
                                 ______
                                 
  SA 1330. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 184, between lines 18 and 19, insert the following:

     SEC. 718. CENTENNIAL DEMONSTRATION PROJECT.

       (a) Authorization.--Not later than December 31, 2005, the 
     Secretary of the Air Force shall implement a demonstration 
     project (in this section referred to as the ``Centennial 
     Demonstration Project'') with a non-profit health care entity 
     to jointly staff and provide heath care services to military 
     personnel and civilians at a Department of Defense military 
     treatment facility.
       (b) Participants.--The Centennial Demonstration project 
     shall be conducted at the Wright-Patterson Air Force Base by 
     the signatories to the ``Centennial'' Memorandum Agreement 
     entered into by the Department of the Air Force, Materiel 
     Command on December 17, 2003.
       (c) Reports.--Not later than September 30, 2007, and 
     September 30, 2010, the parties to the agreement described in 
     subsection (b) shall jointly submit a report to Congress on 
     the Centennial Demonstration Project and its impact on the 
     utilization of the military treatment facility at which 
     health care services are provided under subsection (a).
       (d) Effective Date.--This section shall be effective during 
     the 5-year period beginning on the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 1331. Mr. DeWINE submitted an amendment to be proposed by him to 
the bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 14, line 14, strike ``$4,339,434,000'' and insert 
     ``$4,689,434,000''.
                                 ______
                                 
  SA 1332. Mr. DeWINE submitted an amendment to be proposed by him to 
the bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 160, strike line 1 and all that follows through 
     page 161, line 9, and insert the following:
       (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 October 7, 2001, and shall apply with 
     respect to deaths occurring on or after that date.

[[Page S8581]]

       (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 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 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.
                                 ______
                                 
  SA 1333. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment to be proposed by him to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 18, beginning on line 20, strike ``and advance 
     construction'' and insert ``advance construction, detail 
     design, and construction''.
       On page 19, beginning on line 10, strike ``fiscal year 
     2007'' and insert ``fiscal year 2006''
       On page 19, between lines 18 and 19, insert the following:
       (e) Funding as Increment of Full Funding.--The amounts 
     available under subsections (a) and (b) for the LHA 
     Replacement ship are the first increments of funding for the 
     full funding of the LHA Replacement (LHA(R)) ship program.
                                 ______
                                 
  SA 1334. Mr. BAYH submitted an amendment to be proposed by him to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title VI, add the following:

     SEC. 653. OUTREACH TO MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS ON THE SERVICEMEMBERS CIVIL RELIEF 
                   ACT.

       (a) Outreach to Members of the Armed Forces.--
       (1) In general.--The Secretary concerned shall provide to 
     each member of the Armed Forces under the jurisdiction of the 
     Secretary comprehensive information on the rights and 
     protections available to servicemembers and their dependents 
     under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 
     et seq.).
       (2) Time of provision.--Information shall be provided to a 
     member of the Armed Forces under paragraph (1) at times as 
     follows:
       (A) When the member first becomes a member of the Armed 
     Forces or first enters on active duty as a member of the 
     Armed Forces.
       (B) In the case of a member of a reserve component of the 
     Armed Forces, at any subsequent time when the member is 
     called or ordered to active duty.
       (C) At such other times as the Secretary concerned 
     considers appropriate.
       (b) Outreach to Dependents.--
       (1) In general.--The Secretary concerned shall provide to 
     the adult dependents of members of the Armed Forces under the 
     jurisdiction of the Secretary comprehensive information on 
     the rights and protections available to servicemembers and 
     their dependents under the Servicemembers Civil Relief Act.
       (2) Time of provision.--Information shall be provided to 
     dependents of a member of the Armed Forces under paragraph 
     (1) at times as follows:
       (A) As soon as practicable after the date on which the 
     member first becomes a member of the Armed Forces or first 
     enters on active duty as a member of the Armed Forces.
       (B) In the case of dependents of a member of a reserve 
     component of the Armed Forces, as soon as practicable after 
     any subsequent date on which the member is called or ordered 
     to active duty.
       (C) At such other times as the Secretary concerned 
     considers appropriate.
       (c) Comptroller General Study on Reduction of Financial 
     Burdens Associated With Mobilization.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study of rights and obligations under the 
     Servicemembers Civil Relief Act in order to identify 
     additional rights and obligations that could be included in 
     that Act in order to ease the financial burdens of members of 
     the Armed Forces resulting from a call or order to active 
     duty.
       (2) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Secretary of Defense, and to the appropriate 
     committees of Congress, a report on the study required by 
     paragraph (1). The report shall include such recommendations 
     for legislative or administrative action as the Comptroller 
     General considers appropriate in light of the study.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committees on Armed Services, Appropriations, and 
     Veterans' Affairs of the Senate; and
       (B) the Committees on Armed Services, Appropriations, and 
     Veterans' Affairs of the House of Representatives.
       (2) The terms ``dependent'' and ``Secretary concerned'' 
     have the meanings given such terms in section 101 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 511).
                                 ______
                                 
  SA 1335. Mr. BAYH submitted an amendment to be proposed by him to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1073. LIABILITY FOR NONCOMPLIANCE WITH SERVICEMEMBERS 
                   CIVIL RELIEF ACT.

       (a) In General.--The Servicemembers Civil Relief Act (50 
     U.S.C. App. 501 et seq.) is amended by adding at the end the 
     following new title:

             ``TITLE VIII--CIVIL LIABILITY AND ENFORCEMENT

     ``SEC. 801. CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE.

       ``(a) In General.--Any person or entity (other than a 
     servicemember or dependent) who is negligent in failing to 
     comply with any requirement imposed by this Act with respect 
     to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(1) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(2) such amount of punitive damages as the court may 
     allow; and
       ``(3) in the case of any successful action to enforce 
     liability under this section, the cost of the action together 
     with reasonable attorneys fees as determined by the court.
       ``(b) Attorney Fees.--On a finding by the court that an 
     unsuccessful pleading, motion, or other paper filed in 
     connection with an action under this section was filed in bad 
     faith or for the purposes of harassment, the court shall 
     award to the prevailing party attorney fees in amount that is 
     reasonable in relation to the work expended in responding to 
     such pleading, motion, or other paper.

     ``SEC. 802. ADMINISTRATIVE ENFORCEMENT.

       ``(a) Enforcement by Federal Trade Commission.--(1) Except 
     as provided in subsection (b), compliance with the 
     requirements imposed by this Act shall be enforced by the 
     Federal Trade Commission in accordance with the Federal Trade 
     Commission Act with respect to entities and persons subject 
     to the Federal Trade Commission Act.
       ``(2) For the purpose of the exercise by the Commission 
     under this subsection of its functions and powers under the 
     Federal Trade Commission Act, a violation of any requirement 
     or prohibition imposed by this Act shall constitute an unfair 
     or deceptive act or practice in commerce in violation of 
     section 5(a) of the Federal Trade Commission Act, and shall 
     be subject to enforcement by the Commission with respect to 
     any entity or person subject to enforcement by the Commission 
     pursuant to this subsection, irrespective of whether such 
     person or entity is engaged in commerce or meets any other 
     jurisdictional tests under the Federal Trade Commission Act.
       ``(3) The Commission shall have such procedural, 
     investigative, and enforcement powers, including the power to 
     issue procedural rules in enforcing compliance with the 
     requirements imposed by this Act and to require the filing of 
     reports, the production of documents, and the appearance of 
     witnesses, as though the applicable terms and conditions of 
     the Federal Trade Commission Act were part of this Act.
       ``(4) Any person or entity violating any provision of this 
     Act shall be subject to the penalties, and entitled to the 
     privileges and immunities, provided in the Federal Trade 
     Commission Act as though the applicable terms and provisions 
     of the Federal Trade Commission Act were part of this Act.
       ``(5)(A) In the event of a knowing violation, which 
     constitutes a pattern or practice of violations of this Act, 
     the Commission may commence a civil action to recover a civil 
     penalty in a district court of the United States against any 
     person or entity that has engaged in such violation. In such 
     action, such person or entity shall be liable for a civil 
     penalty of not less than $5,000 and not more than $50,000.
       ``(B) In determining the amount of a civil penalty under 
     subparagraph (A), the court shall take into account the 
     degree of culpability, any history of prior such conduct,

[[Page S8582]]

     ability to pay, effect on ability to continue to do business, 
     and such other matters as justice may require.
       ``(b) Enforcement by Other Regulatory Agencies.--Compliance 
     with the requirements imposed by this Act with respect to 
     financial institutions shall be enforced under--
       ``(1) section 8 of the Federal Deposit Insurance Act, in 
     the case of--
       ``(A) national banks, and Federal branches and Federal 
     agencies of foreign banks, and any subsidiaries of such 
     (except brokers, dealers, persons providing insurance, 
     investment companies, and investment advisers) by the Office 
     of the Comptroller of the Currency;
       ``(B) member banks of the Federal Reserve System (other 
     than national banks), branches and agencies of foreign banks 
     (other than Federal branches, Federal agencies, and insured 
     State branches of foreign banks), commercial lending 
     companies owned or controlled by foreign banks, and 
     organization operating under section 25 or 25A of the Federal 
     Reserve Act, and bank holding companies and their nonbank 
     subsidiaries or affiliates (except brokers, dealers, persons 
     providing insurance, investment companies, and investment 
     advisers) by the Board of Governors of the Federal Reserve 
     System; and
       ``(C) banks insured by the Federal Deposit Insurance 
     Corporation (other than members of the Federal Reserve 
     System) and insured State branches of foreign banks, and any 
     subsidiaries of such entities (except brokers, dealers, 
     persons providing insurance, investment companies, and 
     investment advisers) by the Board of Directors of the Federal 
     Deposit Insurance Corporation;
       ``(2) section 8 of the Federal Deposit Insurance Act, by 
     the Director of the Office of Thrift Supervision, in the case 
     of a savings association the deposits of which are insured by 
     the Federal Deposit Insurance Corporation and any 
     subsidiaries of such saving associations (except brokers, 
     dealers, persons providing insurance, investment companies, 
     and investment advisers);
       ``(3) the Federal Credit Union Act, by the Administrator of 
     the National Credit Union Administration with respect to any 
     federally insured credit union, and any subsidiaries of such 
     an entity;
       ``(4) State insurance law, by the applicable State 
     insurance authority of the State in which a person is 
     domiciled, in the case of a person providing insurance; and
       ``(5) the Federal Trade Commission Act, by the Federal 
     Trade Commission for any other financial institution or other 
     person that is not subject to the jurisdiction of any agency 
     or authority under paragraphs (1) through (4).''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by adding at the end the 
     following new items:

             ``TITLE VIII--CIVIL LIABILITY AND ENFORCEMENT

``Sec. 801. Civil liability for negligent noncompliance.
``Sec. 802. Administrative enforcement.''.
                                 ______
                                 
  SA 1336. Mr. BAYH submitted an amendment to be proposed by him to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title VI, add the following:

     SEC. 653. SERVICEMEMBERS RIGHTS UNDER THE HOUSING AND URBAN 
                   DEVELOPMENT ACT OF 1968.

       (a) In General.--Section 106(c)(5)(A)(ii) of the Housing 
     and Urban Development Act of 1968 (12 U.S.C. 
     1701x(c)(5)(A)(ii)) is amended--
       (1) in subclause (II), by striking ``; and'' and inserting 
     a semicolon;
       (2) in subclause (III), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:

       ``(IV) notify the homeowner or mortgage applicant by a 
     statement or notice, written in plain English by the 
     Secretary of Housing and Urban Development, in consultation 
     with the Secretary of Defense and the Secretary of the 
     Treasury, explaining the mortgage and foreclosure rights of 
     servicemembers, and the dependents of such servicemembers, 
     under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 
     et seq.), including the toll-free military one source number 
     to call if servicemembers, or the dependents of such 
     servicemembers, require further assistance.''.

       (b) No Preemption.--Nothing in this section shall preempt 
     or relieve a mortgagor or creditor of a loan of any 
     obligation such mortgagor or creditor has under the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).
       (c) Disclosure Form.--Not later than 150 days after the 
     date of enactment of this Act, the Secretary of Housing and 
     Urban Development shall issue a final disclosure form to 
     fulfill the requirement of section 106(c)(5)(A)(ii)(IV) of 
     the Housing and Urban Development Act of 1968 (12 U.S.C. 
     1701x(c)(5)(A)(ii)).
       (d) Effective Date.--The amendments made under subsection 
     (a) shall take effect 150 days after the date of enactment of 
     this Act.

                          ____________________