[Congressional Record Volume 151, Number 102 (Monday, July 25, 2005)]
[Senate]
[Pages S8836-S8895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1439. Mr. BINGAMAN (for himself and Mr. Domenici) 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. FIELD PROGRAMMABLE GATE ARRAY.

       (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 may be available for Space 
     Technology (PE # 0602601F) for research and development on 
     the reliability of field programmable gate arrays for space 
     applications, including design of an assurance strategy, 
     reference architectures, research and development on 
     reliability and radiation hardening, and outreach to industry 
     and localities to develop core competencies.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for the Air 
     Force is hereby reduced by $3,000,000.
                                 ______
                                 
  SA 1440. Mr. BINGAMAN 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 48, between lines 5 and 6, insert the following:

     SEC. 244. NATIONAL CRITICAL TECHNOLOGIES PANEL.

       (a) Establishment.--The Director of the Office of Science 
     and Technology Policy shall establish within that office a 
     National Critical Technologies Panel (referred to in this 
     section as the ``panel''). The panel shall prepare the 
     biennial national critical technologies report required by 
     subsection (c).
       (b) Membership.--
       (1) Composition and appointment.--The panel shall consist 
     of 13 members appointed from among persons who are experts in 
     science and engineering as follows:
       (A) Director.--The Director of the Office of Science and 
     Technology Policy shall appoint 5 members, of whom--
       (i) 2 shall be Federal Government officials; and
       (ii) 3 shall be appointed from persons in private industry 
     and higher education.
       (B) Congressional appointments.--The leadership of the 
     Senate and the House of Representatives shall appoint 4 
     members, of whom--
       (i) 1 shall be appointed by the Majority Leader of the 
     Senate;
       (ii) 1 shall be appointed by the Minority Leader of the 
     Senate;
       (iii) 1 shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) 1 shall be appointed by the Minority Leader of the 
     House of Representatives.
       (C) Agency appointments.--Of the remaining 4 members of the 
     panel--
       (i) 1 shall be appointed by the Secretary of Defense, who 
     shall be an official of the Department of Defense;
       (ii) 1 shall be appointed by the Secretary of Energy, who 
     shall be an official of the Department of Energy;
       (iii) 1 shall be appointed by the Secretary of Commerce, 
     who shall be an official of the Department of Commerce; and
       (iv) 1 shall be appointed by the Administrator of the 
     National Aeronautics and Space Administration, who shall be 
     an official of the National Aeronautics and Space 
     Administration.
       (2) Term of office; vacancies.--
       (A) Term.--
       (i) In general.--Except as provided in clause (ii), members 
     shall serve for the duration of the panel.
       (ii) Private persons.--Members appointed under paragraph 
     (1)(A)(ii) shall serve for a term of 2 years.
       (B) Vacancies.--Any vacancy in the membership of the panel 
     shall be filled in the same manner as the original 
     appointment.
       (3) Chairman.--The Director of the Office of Science and 
     Technology Policy shall designate 1 of the members appointed 
     under paragraph (1)(A)(i) as chairman of the panel.
       (c) Biennial National Critical Technologies Report.--
       (1) In general.--The panel shall submit to the President 
     and Congress a biennial report on national critical 
     technologies.
       (2) Technologies considered national critical 
     technologies.--For purposes of this subsection, a product 
     technology or process technology may be considered to be a 
     national critical technology if the panel determines it to be 
     a technology that it is essential for the United States to 
     develop to further the long-term national security or 
     economic prosperity of the United States.
       (3) Contents.--
       (A) In general.--Each report under paragraph (1) shall 
     identify those product technologies and process technologies 
     that the panel considers to be national critical 
     technologies. The number of the such technologies identified 
     in any such report may not exceed 30, but shall include the 
     most economically important emerging civilian technologies 
     during the 10-year period following such report, together 
     with the estimated current and future size of domestic and 
     international markets for products derived from these 
     technologies.
       (B) Technologies identified.--Each report under paragraph 
     (1) shall include, with respect to each technology identified 
     in the report--
       (i) the reasons the panel selected that technology;
       (ii) the state of the development of that technology in the 
     United States and in other countries; and
       (iii) an estimate of the current and anticipated level of 
     research and development effort in the United States, 
     including anticipated milestones or specific accomplishments, 
     by--

       (I) the Federal Government;
       (II) State and local governments;
       (III) private industry; and
       (IV) colleges and universities.

       (C) Types of research and development needed.--Each report 
     under paragraph (1) shall--
       (i) identify the types of research and development needed 
     to close any significant gaps or deficiencies in the 
     technology base of the United States, as compared with the 
     technology bases of major trading partners; and
       (ii) list the technologies and markets targeted by major 
     trading partners for development or capture.
       (4) Timing.--
       (A) In general.--The panel shall submit a report to the 
     President not later than October 1 of each even-numbered 
     year.
       (B) Submission to congress.--Not later than 30 days after 
     the date on which a report is submitted to the President 
     under subparagraph (A), the President shall transmit the 
     report, together with any comments that the President 
     considers appropriate, to Congress.
       (d) Administration and Funding of Panel.--
       (1) In general.--The Director of the Office of Science and 
     Technology Policy shall provide administrative support for 
     the panel.
       (2) Panel expenses.--
       (A) In general.--Funds for necessary expenses of the panel 
     shall be provided for fiscal years after fiscal year 2006 
     from funds appropriated for that Office.
       (B) Fiscal year 2006.--The Secretary of Defense shall 
     reimburse the Director of the Office of Science and 
     Technology Policy for the reasonable expenses, not to exceed 
     $1,000,000, incurred by the panel during fiscal year 2006.
       (e) Expiration.--The panel shall terminate on December 31, 
     2010.

[[Page S8837]]

                                 ______
                                 
  SA 1441. Mr. BAYH 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 I, add the following:

     SEC. 114. TACTICAL WHEELED VEHICLES.

       (a) Additional Amount for Other Procurement, Army.--The 
     amount authorized to be appropriated by section 101(5) for 
     other procurement for the Army is hereby increased by 
     $390,100,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 101(5) for other procurement for the 
     Army, as increased by subsection (a)--
       (1) $281,000,000 may be available for the procurement of 
     armored Tactical Wheeled Vehicles to reconstitute Army 
     Prepositioned Stocks-5, including the procurement of armored 
     Light Tactical Vehicles (LTVs), armored Medium Tactical 
     Vehicles (MTVs), and armored Heavy Tactical Vehicles (HTVs) 
     for purposes of equipping one heavy brigade, one infantry 
     brigade, and two infantry battalions; and
       (2) $109,100,000 may be available for the procurement of 
     armored Tactical Wheeled Vehicles for the Joint Readiness 
     Training Center at Fort Polk, Louisiana, including the 
     procurement of armored Light Tactical Vehicles, armored 
     Medium Tactical Vehicles, and armored Heavy Tactical Vehicles 
     for purposes of equipping one infantry brigade combat team in 
     order to permit such vehicles to be used for the training and 
     preparation of troops, prior to deployment, on the use of 
     such vehicles.
                                 ______
                                 
  SA 1442. Mr. KENNEDY (for himself and Mr. Chambliss) 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 213, between lines 2 and 3, insert the following:

     SEC. 807. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Limitation.--Section 2461(b) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(5)(A) Notwithstanding subsection (d), a function of the 
     Department of Defense performed by 10 or more civilian 
     employees may not be converted, in whole or in part, to 
     performance by a contractor unless the conversion is based on 
     the results of a public-private competition process that--
       ``(i) formally compares the cost of civilian employee 
     performance of that function with the costs of performance by 
     a contractor;
       ``(ii) creates an agency tender, including a most efficient 
     organization plan, in accordance with Office of Management 
     and Budget Circular A-76, as implemented on May 29, 2003; and
       ``(iii) requires continued performance of the function by 
     civilian employees unless the competitive sourcing official 
     concerned determines that, over all performance periods 
     stated in the solicitation of offers for performance of the 
     activity or function, the cost of performance of the activity 
     or function by a contractor would be less costly to the 
     Department of Defense by an amount that equals or exceeds the 
     lesser of $10,000,000 or 10 percent of the most efficient 
     organization's personnel-related costs for performance of 
     that activity or function by Federal employees.
       ``(B) Any function that is performed by civilian employees 
     of the Department of Defense and is proposed to be 
     reengineered, reorganized, modernized, upgraded, expanded, or 
     changed in order to become more efficient shall not be 
     considered a new requirement for the purpose of the 
     competition requirements in subparagraph (A) or the 
     requirements for public-private competition in Office of 
     Management and Budget Circular A-76.
       ``(C) A function performed by more than 10 Federal 
     Government employees may not be separated into separate 
     functions for the purposes of avoiding the competition 
     requirement in subparagraph (A) or the requirements for 
     public-private competition in Office of Management and Budget 
     Circular A-76.
       ``(D) The Secretary of Defense may waive the requirement 
     for a public-private competition under subparagraph (A) in 
     specific instances if--
       ``(i) the written waiver is prepared by the Secretary of 
     Defense or the relevant Assistant Secretary of Defense, 
     Secretary of a military department, or head of a Defense 
     Agency;
       ``(ii) the written waiver is accompanied by a detailed 
     determination that national security interests are so 
     compelling as to preclude compliance with the requirement for 
     a public-private competition; and
       ``(iii) a copy of the waiver is published in the Federal 
     Register within 10 working days after the date on which the 
     waiver is granted, although use of the waiver need not be 
     delayed until its publication.''.
       (b) Inapplicability to Best-Value Source Selection Pilot 
     Program.--Paragraph (5) of section 2461(b) of title 10, 
     United States Code, as added by subsection (a), shall not 
     apply with respect to the pilot program for best-value source 
     selection for performance of information technology services 
     authorized by section 336 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1444; 10 U.S.C. 2461 note).
       (c) Repeal of Superseded Law.--Section 327 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375; 10 U.S.C. 2461 note) is repealed.

     SEC. 808. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT 
                   EMPLOYEES.

       (a) Guidelines.--
       (1) In general.--The Secretary of Defense shall prescribe 
     guidelines and procedures for ensuring that consideration is 
     given to using Federal Government employees on a regular 
     basis for work that is performed under Department of Defense 
     contracts and could be performed by Federal Government 
     employees.
       (2) Criteria.--The guidelines and procedures prescribed 
     under paragraph (1) shall provide for special consideration 
     to be given to contracts that--
       (A) have been performed by Federal Government employees at 
     any time on or after October 1, 1980;
       (B) are associated with the performance of inherently 
     governmental functions;
       (C) were not awarded on a competitive basis; or
       (D) have been determined by a contracting officer to be 
     poorly performed due to excessive costs or inferior quality.
       (b) New Requirements.--
       (1) Limitation on requiring public-private competition.--No 
     public-private competition may be required under Office of 
     Management and Budget Circular A-76 or any other provision of 
     law or regulation before the performance of a new requirement 
     by Federal Government employees commences, the performance by 
     Federal Government employees of work pursuant to subsection 
     (a) commences, or the scope of an existing activity performed 
     by Federal Government employees is expanded. Office of 
     Management and Budget Circular A-76 shall be revised to 
     ensure that the heads of all Federal agencies give fair 
     consideration to the performance of new requirements by 
     Federal Government employees.
       (2) Consideration of federal government employees.--The 
     Secretary of Defense shall, to the maximum extent 
     practicable, ensure that Federal Government employees are 
     fairly considered for the performance of new requirements, 
     with special consideration given to new requirements that 
     include functions that--
       (A) are similar to functions that have been performed by 
     Federal Government employees at any time on or after October 
     1, 1980; or
       (B) are associated with the performance of inherently 
     governmental functions.
       (c) Use of Flexible Hiring Authority.--The Secretary shall 
     include the use of the flexible hiring authority available 
     through the National Security Personnel System in order to 
     facilitate performance by Federal Government employees of new 
     requirements and work that is performed under Department of 
     Defense contracts.
       (d) Inspector General Report.--Not later than 180 days 
     after the enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the compliance of the Secretary of Defense with the 
     requirements of this section.
       (e) Definitions.--In this section:
       (1) The term ``National Security Personnel System'' means 
     the human resources management system established under the 
     authority of section 9902 of title 5, United States Code.
       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).
                                 ______
                                 
  SA 1443. Mrs. CLINTON submitted an amendment intended to be proposed 
by her 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 H of title V, add the following:

     SEC. 596. SENSE OF CONGRESS ON WOMEN IN COMBAT.

       It is the sense of Congress that--
       (1) women play a critical role in the accomplishment of the 
     mission of the Armed Forces; and
       (2) there should be no change to existing statutes, 
     regulations, or policy that would

[[Page S8838]]

     have the effect of decreasing the roles or positions 
     available to women in the Armed Forces.
                                 ______
                                 
  SA 1444. Mrs. CLINTON (for herself and Mr. Kennedy) submitted an 
amendment intended to be proposed by her 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. RETENTION OF REIMBURSEMENT FOR PROVISION OF 
                   RECIPROCAL FIRE PROTECTION SERVICES.

       Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 
     67; 42 U.S.C. 1856d) is amended--
       (1) by striking ``Funds'' and inserting ``(a) Funds''; and
       (2) by adding at the end the following new subsection:
       ``(b) Notwithstanding the provisions of subsection (a), all 
     sums received for any Department of Defense activity for fire 
     protection rendered pursuant to this Act shall be credited to 
     the appropriation fund or account from which the expenses 
     were paid. Amounts so credited shall be merged with funds in 
     such appropriation fund or account and shall be available for 
     the same purposes and subject to the same limitations as the 
     funds with which the funds are merged.''.
                                 ______
                                 
  SA 1445. Mr. SARBANES (for himself and Ms. Mikulski) 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 G of title X, add the following:

     SEC. 1073. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS 
                   ASSOCIATION, INCORPORATED.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended--
       (1) by striking the following:

                     ``CHAPTER 1201--[RESERVED]'';

     and
       (2) by inserting after chapter 1103 the following new 
     chapter:

``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED 120101''.

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.

     ``Sec. 120101. Organization

       ``(a) Federal Charter.--Korean War Veterans Association, 
     Incorporated (in this chapter, the `corporation'), a 
     nonprofit organization that meets the requirements for a 
     veterans service organization under section 501(c)(19) of the 
     Internal Revenue Code of 1986 and that is organized under the 
     laws of the State of New York, is a federally chartered 
     corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) expires.

     ``Sec. 120102. Purposes

       ``The purposes of the corporation are those provided in its 
     articles of incorporation and shall include the following:
       ``(1) Organize as a veterans service organization in order 
     to maintain a continuing interest in the welfare of veterans 
     of the Korean War, and rehabilitation of the disabled 
     veterans of the Korean War to include all that served during 
     active hostilities and subsequently in defense of the 
     Republic of Korea, and their families.
       ``(2) To establish facilities for the assistance of all 
     veterans and to represent them in their claims before the 
     Department of Veterans Affairs and other organizations 
     without charge.
       ``(3) To perpetuate and preserve the comradeship and 
     friendships born on the field of battle and nurtured by the 
     common experience of service to our nation during the time of 
     war and peace.
       ``(4) To honor the memory of those men and women who gave 
     their lives that a free America and a free world might live 
     by the creation of living memorial, monuments, and other 
     forms of additional educational, cultural, and recreational 
     facilities.
       ``(5) To preserve for ourselves and our posterity the great 
     and basic truths and enduring principles upon which this 
     nation was founded.

     ``Sec. 120103. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of members of the corporation, are as 
     provided in the bylaws of the corporation.

     ``Sec. 120104. Governing body

       ``(a) Board of Directors.--The composition of the board of 
     directors of the corporation, and the responsibilities of the 
     board, are as provided in the articles of incorporation of 
     the corporation.
       ``(b) Officers.--The positions of officers of the 
     corporation, and the election of the officers, are as 
     provided in the articles of incorporation.

     ``Sec. 120105. Powers

       ``The corporation has only those powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 120106. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Political Activities.--The corporation, or a director 
     or officer of the corporation as such, may not contribute to, 
     support, or participate in any political activity or in any 
     manner attempt to influence legislation.
       ``(c) Loan.--The corporation may not make a loan to a 
     director, officer, or employee of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval, or the 
     authority of the United States, for any of its activities.
       ``(e) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     State of New York.

     ``Sec. 120107. Tax-exempt status required as condition of 
       charter

       ``If the corporation fails to maintain its status as an 
     organization exempt from taxation under the Internal Revenue 
     Code of 1986, the charter granted under this chapter shall 
     terminate.

     ``Sec. 120108. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of its members entitled to vote on matters relating 
     to the corporation.
       ``(b) Inspection.--A member entitled to vote on matters 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose, at any reasonable time.

     ``Sec. 120109. Service of process

       ``The corporation shall have a designated agent in the 
     District of Columbia to receive service of process for the 
     corporation. Notice to or service on the agent is notice to 
     or service on the Corporation.

     ``Sec. 120110. Liability for acts of officers and agents

       ``The corporation is liable for the acts of its officers 
     and agents acting within the scope of their authority.

     ``Sec. 120111. Annual report

       ``The corporation shall submit to Congress an annual report 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101(b) of 
     this title. The report may not be printed as a public 
     document.

     ``Sec. 120112. Definition

       ``For purposes of this chapter, the term `State' includes 
     the District of Columbia and the territories and possessions 
     of the United States.''.
       (b) Clerical Amendment.--The item relating to chapter 1201 
     in the table of chapters at the beginning of subtitle II of 
     title 36, United States Code, is amended to read as follows:
``1201. Korean War Veterans Association, Incorporated......120101''....

                                 ______
                                 
  SA 1446. Mr. CORZINE 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 V, add the following:

     SEC. 538. REDUCTION IN AGE FOR RECEIPT OF MILITARY RETIRED 
                   PAY FOR NONREGULAR SERVICE.

       (a) Reduction in age.--Section 12731(a)(1) of title 10, 
     United States Code, is amended by striking ``at least 60 
     years of age'' and inserting ``at least 55 years of age''.
       (b) Application to existing provisions of law or policy.--
     With respect to any provision of law, or of any policy, 
     regulation, or directive of the executive branch, that refers 
     to a member or former member of the uniformed serivces as 
     being eligible for, or entitled to, retired pay under chapter 
     1223 of

[[Page S8839]]

     title 10, United States Code, but for the fact that the 
     member or former member is under 60 years of age, such 
     provision shall be carried out with respect to that member or 
     former member by substituting for the reference to being 60 
     years of age a reference to the age in effect for 
     qualification for such retired pay under section 12731(a) of 
     title 10, United States Code, as amended by subsection (a).
       (c) Effective date.-- The amendment made by subsection (a) 
     shall take effect on the first day of the first month 
     beginning on or after the date of the enactment of this Act 
     and shall apply to retired pay payable for that month and 
     subsequent months.
                                 ______
                                 
  SA 1447. Mr. HARKIN (for himself and Mr. Dorgan) 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 A of title IX, add the following:

     SEC. 903. AMERICAN FORCES NETWORK.

       (a) Mission.--The American Forces Network (AFN) shall 
     provide members of the Armed Forces, civilian employees of 
     the Department of Defense, and their families stationed 
     outside the continental United States and at sea with the 
     same type and quality of American radio and television news, 
     information, sports, and entertainment as is available in the 
     continental United States.
       (b) Political Programming.--
       (1) Fairness and balance.--All political programming of the 
     American Forces Network shall be characterized by its 
     fairness and balance.
       (2) Free flow of programming.--The American Forces Network 
     shall provide in its programming a free flow of political 
     programming from United States commercial and public radio 
     and television stations.
       (c) Ombudsman of the American Forces Network.--
       (1) Establishment.--There is hereby established the Office 
     of the Ombudsman of the American Forces Network.
       (2) Head of office.--
       (A) Ombudsman.--The head of the Office of the Ombudsman of 
     the American Forces Network shall be the Ombudsman of the 
     American Forces Network (in this subsection referred to as 
     the ``Ombudsman''), who shall be appointed by the Secretary 
     of Defense.
       (B) Qualifications.--Any individual nominated for 
     appointment to the position of Ombudsman shall have 
     recognized expertise in the field of mass communications, 
     print media, or broadcast media.
       (C) Part-time status.--The position of Ombudsman shall be a 
     part-time position.
       (D) Term.--The term of office of the Ombudsman shall be 
     five years.
       (E) Removal.--The Ombudsman may be removed from office by 
     the Secretary only for malfeasance.
       (3) Duties.--
       (A) In general.--The Ombudsman shall ensure that the 
     American Forces Network adheres to the standards and 
     practices of the Network in its programming.
       (B) Particular duties.--In carrying out the duties of the 
     Ombudsman under this paragraph, the Ombudsman shall--
       (i) initiate and conduct, with such frequency as the 
     Ombudsman considers appropriate, reviews of the integrity, 
     fairness, and balance of the programming of the American 
     Forces Network;
       (ii) initiate and conduct, upon the request of Congress or 
     members of the audience of the American Forces Network, 
     reviews of the programming of the Network;
       (iii) identify, pursuant to reviews under clause (i) or 
     (ii) or otherwise, circumstances in which the American Forces 
     Network has not adhered to the standards and practices of the 
     Network in its programming, including circumstances in which 
     the programming of the Network lacked integrity, fairness, or 
     balance; and
       (iv) make recommendations to the American Forces Network on 
     means of correcting the lack of adherence identified pursuant 
     to clause (iii).
       (C) Limitation.--In carrying out the duties of the 
     Ombudsman under this paragraph, the Ombudsman may not engage 
     in any pre-broadcast censorship or pre-broadcast review of 
     the programming of the American Forces Network.
       (4) Resources.--The Secretary of Defense shall provide the 
     Office of the Ombudsman of the American Forces Network such 
     personnel and other resources as the Secretary and the 
     Ombudsman jointly determine appropriate to permit the 
     Ombudsman to carry out the duties of the Ombudsman under 
     paragraph (3).
       (5) Independence.--The Secretary shall take appropriate 
     actions to ensure the complete independence of the Ombudsman 
     and the Office of the Ombudsman of the American Forces 
     Network within the Department of Defense.
       (6) Annual reports.--
       (A) In general.--The Ombudsman shall submit to the 
     Secretary of Defense and the congressional defense committees 
     each year a report on the activities of the Office of the 
     Ombudsman of the American Forces Network during the preceding 
     year.
       (B) Availability to public.--The Ombudsman shall make 
     available to the public each report submitted under 
     subparagraph (A) through the Internet website of the Office 
     of the Ombudsman of the American Forces Network and by such 
     other means as the Ombudsman considers appropriate.
                                 ______
                                 
  SA 1448. Mr. BIDEN (for himself, Mr. Carper, and Mr. Bingaman) 
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 VII, add the following:

     SEC. 718. RESPONSE TO MEDICAL NEEDS ARISING FROM MANDATORY 
                   MILITARY VACCINATIONS.

       (a) In General.--The Secretary of Defense shall maintain a 
     joint military medical center of excellence focusing on the 
     medical needs arising from mandatory military vaccinations.
       (b) Elements.--The joint military medical center of 
     excellence under subsection (a) shall consist of the 
     following:
       (1) The current Vaccine Health Care Centers of the 
     Department of Defense, which shall be the principle elements 
     of the center.
       (2) Any other elements that the Secretary considers 
     appropriate.
       (c) Authorized Activities.--In acting as the principle 
     elements of the joint military medical center under 
     subsection (a), the Vaccine Health Care Centers referred to 
     in subsection (b)(1) may carry out the following:
       (1) Medical assistance and care to individuals receiving 
     mandatory military vaccines and their dependents, including 
     long-term case management for adverse events where necessary.
       (2) Evaluations to identify and treat potential and actual 
     health effects from vaccines before and after their use in 
     the field.
       (3) The development and sustainment of a long-term vaccine 
     safety and efficacy registry.
       (4) Support for an expert clinical advisory board for case 
     reviews related to disability assessment questions.
       (5) Long-term and short-term studies to identify 
     unanticipated benefits and adverse events from vaccines.
       (6) Educational outreach for immunization providers and 
     those requiring immunizations.
       (7) The development, dissemination, and validation of 
     educational materials for Department of Defense healthcare 
     workers relating to vaccine safety, efficacy, and 
     acceptability.
                                 ______
                                 
  SA 1449. Mr. KERRY 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 237, after line 17, insert the following:

     SEC. 846. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED 
                   BY DROUGHT.

       (a) Drought Disaster Authority.--
       (1) Definition of disaster.--Section 3(k) of the Small 
     Business Act (15 U.S.C. 632(k)) is amended--
       (A) by inserting ``(1)'' after ``(k)''; and
       (B) by adding at the end the following:
       ``(2) For purposes of section 7(b)(2), the term `disaster' 
     includes--
       ``(A) drought; and
       ``(B) below average water levels in the Great Lakes, or on 
     any body of water in the United States that supports commerce 
     by small business concerns.''.
       (2) Drought disaster relief authority.--Section 7(b)(2) of 
     the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
       (A) by inserting ``(including drought), with respect to 
     both farm-related and nonfarm-related small business 
     concerns,'' before ``if the Administration''; and
       (B) in subparagraph (B), by striking ``the Consolidated 
     Farmers Home Administration Act of 1961 (7 U.S.C. 1961)'' and 
     inserting the following: ``section 321 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1961), in which 
     case, assistance under this paragraph may be provided to 
     farm-related and nonfarm-related small business concerns, 
     subject to the other applicable requirements of this 
     paragraph''.
       (b) Limitation on Loans.--From funds otherwise appropriated 
     for loans under section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)), not more than $9,000,000 may be used during 
     each of fiscal years 2005 through 2008, to provide drought 
     disaster loans to nonfarm-related small business concerns in 
     accordance with this section and the amendments made by this 
     section.
       (c) Prompt Response to Disaster Requests.--Section 
     7(b)(2)(D) of the Small

[[Page S8840]]

     Business Act (15 U.S.C. 636(b)(2)(D)) is amended by striking 
     ``Upon receipt of such certification, the Administration 
     may'' and inserting ``Not later than 30 days after the date 
     of receipt of such certification by a Governor of a State, 
     the Administration shall respond in writing to that Governor 
     on its determination and the reasons therefore, and may''.
       (d) Rulemaking.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall promulgate final rules to carry 
     out this section and the amendments made by this section.
                                 ______
                                 
  SA 1450. Mr. OBAMA (for himself and Mr. Salazar) 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 E of title VI, add the following:

     SEC. 653. LIMITATIONS ON INQUIRIES BY EMPLOYERS REGARDING 
                   SERVICE IN THE UNIFORMED SERVICES OF 
                   PROSPECTIVE EMPLOYEES.

       Section 4311 of title 38, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) A prospective employer shall not ask or inquire, 
     whether orally or in writing, about the membership in the 
     uniformed services of a person seeking employment with such 
     employer unless--
       ``(1) such membership is a condition of employment; or
       ``(2) such employer has a formal written policy of 
     providing preference in hiring to current members of the 
     uniformed services, veterans, or both.''; and
       (3) in subsection (d), as redesignated by paragraph (1) of 
     this section--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(4) under subsection (c), if the employer makes an 
     inquiry prohibited by that subsection.''.
                                 ______
                                 
  SA 1451. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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 F of title V, add the following:

     SEC. 573. MENTAL HEALTH SCREENINGS OF MEMBERS OF THE ARMED 
                   FORCES FOR POST TRAUMATIC STRESS DISORDER AND 
                   OTHER MENTAL HEALTH CONDITIONS.

       (a) Mental Health Screenings.--
       (1) In general.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary concerned shall perform 
     mental health screenings of each member of the Armed Forces 
     who is deployed in a combat operation or to a combat zone.
       (b) Nature of screenings.--The first mental health 
     screening of a member under this section shall be designed to 
     determine the mental state of such member before deployment. 
     Each other mental health screening of a member under this 
     section shall be designated to detect symptoms or other 
     evidence in such member of Post Traumatic Stress Disorder 
     (PTSD) or other mental health condition relating to combat.
       (c) Time of screenings.--A member shall receive a mental 
     health screening under this section at times as follows:
       (1) Prior to deployment in a combat operation or to a 
     combat zone.
       (2) Not later than 30 days after the date of the member's 
     return from such deployment.
       (3) Whenever the member is screened for human 
     immunodeficiency virus (HIV) or acquired immune deficiency 
     syndrom (AIDS).
       (4) Whenever the member receives any other medical 
     examination through the Department of Defense.
                                 ______
                                 
  SA 1452. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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:

     SEC. __. TAX CHECK-OFF FOR CERTAIN CONTRIBUTIONS TO ARMED 
                   FORCES RELIEF TRUST.

       (a) Tax Check-off.--
       (1) In general.--In the case of an individual, with respect 
     to each taxpayer's return for the taxable year of the tax 
     imposed by chapter 1, such individual may designate that a 
     contribution has been made for such taxable year to the Armed 
     Forces Relief Trust.
       (2) Manner and time of designation.--A designation under 
     paragraph (1) may be made with respect to any taxable year 
     only at the time of filing the return of the tax imposed by 
     chapter 1 for such taxable year. Such designation shall be 
     made in such manner as the Secretary prescribes by 
     regulations except that such designation shall be made on the 
     first page of the return in the area below the designation 
     for income tax payments to the Presidential Election Campaign 
     Fund.
       (3) Explanation of tax treatment of contributions to armed 
     forces relief trust.--The Secretary shall provide taxpayers 
     with an explanation that an above-the-line deduction under 
     section 62(a)(22) of the Internal Revenue Code of 1986 is 
     allowed for any taxable year with respect to any contribution 
     designated under paragraph (1) for such taxable year in an 
     amount not to exceed $1,000, that any amount of such 
     contribution in excess of $1,000 may be taken as an 
     additional deduction for such taxable year by any taxpayer 
     who itemizes deductions, and that such above-the-line 
     deduction is not includible in the determination of the 
     alternative minimum tax under section 55 of such Code.
       (b) Above-the-line Deduction.--Section 62(a) of the 
     Internal Revenue Code of 1986 (defining adjusted gross 
     income) is amended by redesignating paragraph (20) (as added 
     by section 703(a) of the American Jobs Creation Act of 2004) 
     as paragraph (21) and by inserting after paragraph (21) (as 
     so redesignated) the following new paragraph:
       ``(v) Certain Contributions to Armed Forces Relief Trust.--
     The deduction allowed by section 170 which is attributable to 
     contributions to the Armed Forces Relief Trust not in excess 
     of $1,000.''.
       (c) Treatment of Charitable Contributions to Armed Forces 
     Relief Trust.--
       (1) In general.--Notwithstanding any other provision of 
     law, any contribution made by any of the societies associated 
     with the Armed Forces Relief Trust shall not be commingled 
     with any charitable contribution made to the Trust Fund for 
     which a deduction under section 170 of the Internal Revenue 
     Code of 1986 is allowable.
       (2) Administration of charitable contributions.--The 
     administration and distribution of any charitable 
     contributions described in paragraph (1) shall be made by the 
     Armed Forces Relief Trust subject to the advice of a board of 
     directors the establishment and operation of which is 
     determined under subsection (d).
       (d) Advisory Board of Directors.--
       (1) Appointment.--
       (A) In general.--Within the Armed Forces Relief Trust there 
     is established an advisory board of directors the members of 
     which are appointed as follows:
       (i) One individual appointed by the Chairman of the 
     Committee on Finance of the Senate.
       (ii) One individual appointed by the Chairman of the 
     Committee on Armed Services of the Senate.
       (iii) One individual appointed by the Chairman of the 
     Committee on Veterans' Affairs of the Senate.
       (iv) One individual appointed by the Chairman of the 
     Committee on Appropriations of the Senate.
       (v) One individual appointed by the Chairman of the Joint 
     Committee on Taxation.
       (vi) One individual appointed by the Chairman of the 
     Committee on Armed Services of the House of Representatives.
       (vii) One individual appointed by the Chairman of the 
     Committee on Veterans' Affairs of the House of 
     Representatives.
       (viii) One individual appointed by the Chairman of the 
     Committee on Appropriations of the House of Representatives.
       (ix) One individual appointed by the President from each of 
     the following: the Army Emergency Relief Society, the Navy 
     Marine Corps Relief Society, the Air Force Aid Society, and 
     the Coast Guard Mutual Assistance Relief Society.
       (x) Two individuals appointed by the President from 2 
     veterans service organizations.
       (B) Term.--The term of each member of the advisory board 
     shall be 3 years, except that any member whose term of office 
     has expired shall continue to serve until such member's 
     successor is appointed. No member shall serve more than two 
     3-year terms.
       (C) Appointment of successors.--The appointment of any 
     successor member shall be made in the same manner as the 
     original appointment. If a member dies or resigns before the 
     expiration of the member's term, a successor shall be 
     appointed for the unexpired portion of the term in the same 
     manner as the original appointment.
       (D) Prohibition.--No member of the advisory board may be an 
     employee of the Federal Government.
       (2) Chairman; vice chairman.--
       (A) Designation.--The President shall designate a chairman 
     for the advisory board. The advisory board shall not later 
     than its second meeting, by majority vote, designate a vice 
     chairman, who shall perform the duties of the chairman in the 
     absence of the chairman.

[[Page S8841]]

       (B) Duties of chairman.--The chairman shall call the 
     meetings of the advisory board, propose meeting agendas, 
     chair the meetings, and establish, with the approval of a 
     majority of the members, the rules and procedures for such 
     meetings.
       (3) Operations of the board.--The advisory board shall meet 
     semi-annually, for the purpose of providing ongoing advice to 
     the Armed Forces Relief Trust regarding the distribution of 
     contributed funds, policies governing said distribution, and 
     the administrative costs and operations of the Armed Forces 
     Relief Trust. A majority of the members shall constitute a 
     quorum. Advisory board members shall serve without 
     compensation. While performing duties as a member of the 
     advisory board, each member shall be reimbursed under Federal 
     Government travel regulations for travel expenses. Such 
     reimbursements and any other reasonable expenses of the 
     advisory board shall be provided by the budget of the 
     Executive Office of the President.
       (4) Audit.--The General Accountability Office shall audit 
     the distribution and management of funds of the Armed Forces 
     Relief Trust on an annual basis to ensure compliance with 
     statutory and administrative directives. The Comptroller 
     General of the United States shall report to the advisory 
     board and Congress on the results of such audit.
       (5) Reports.--Within 60 days after its semi-annual meeting, 
     the advisory board shall submit a written report to the 
     President of its action, and of its views and 
     recommendations. Any report other than the semi-annual 
     report, shall, if approved by a majority of the members of 
     the advisory board, be submitted to the President within 60 
     days after such approval.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.
                                 ______
                                 
  SA 1453. Mr. OBAMA 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:

       In subtitle B of title VII of the bill, add the following 
     at the end:

     SEC. 718. PANDEMIC AVIAN FLU PREPAREDNESS.

       (a) Study.--The Secretary of Defense, in collaboration with 
     the Secretary of Health and Human Services, shall conduct an 
     ongoing study on efforts within the Department of Defense to 
     prepare for pandemic influenza, including pandemic avian 
     influenza. In conducting such study the Secretary shall 
     address the following, with respect to military and civilian 
     personnel--
       (1) the procurement of vaccines, antivirals and other 
     medicines, and medical supplies, including personal 
     protective equipment, particularly those that must be 
     imported;
       (2) protocols for the allocation and distribution of 
     vaccines and medicines among high priority populations;
       (3) public health containment measures that may be 
     implemented on military bases and other facilities, including 
     quarantine, travel restrictions and other isolation 
     precautions;
       (4) communication with Department of Defense affiliated 
     health providers about pandemic preparedness and response;
       (5) surge capacity for the provision of medical care during 
     pandemics;
       (6) the availability and delivery of food and basic 
     supplies and services;
       (7) surveillance efforts domestically and internationally, 
     including those utilizing the Global Emerging Infections 
     Systems (GEIS), and how such efforts are integrated with 
     other ongoing surveillance systems;
       (8) the integration of pandemic and response planning with 
     those of other Federal departments, including the Department 
     of Health and Human Services, Department of the Veterans 
     Affairs, Department of State, and USAID; and
       (9) collaboration (as appropriate) with international 
     entities engaged in pandemic preparedness and response.
       (b) Submission of Report.--Not later than 120 days after 
     the date of enactment of this Act, and annually thereafter, 
     the Secretary of Defense shall submit to the Committee on 
     Armed Services and the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Armed 
     Services and Committee on Energy and Commerce of the House of 
     Representatives, a report concerning the results of the study 
     conducted under subsection (a).
                                 ______
                                 
  SA 1454. Mr. LEAHY 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 VIII, add the following:

     SEC. 815. COMPLIANCE WITH BERRY AMENDMENT REGARDING CERTAIN 
                   SPECIALTY METALS.

       Section 2533a of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``(h)'' and inserting 
     ``(i)'';
       (2) by redesignating subsections (f), (g), (h), (i), and 
     (j) as subsections (g), (h), (i), (j), and (k), respectively; 
     and
       (3) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Exception for Specialty Metals To Facilitate Civil-
     military Integration.--(1) Subsection (a) does not preclude 
     the procurement of an item containing specialty metals 
     produced outside the United States if the contractor or 
     subcontractor that produces the item (or, in the case of a 
     component that contains specialty metals, the producer of 
     such component)--
       ``(A) uses the same production processes for the production 
     of the item or component being delivered to the Department of 
     Defense as it uses for similar items or components to be 
     delivered to other customers;
       ``(B) notifies the contracting officer before the award of 
     the contract that it will purchase during the period 
     specified in paragraph (2) an amount of domestically-melted 
     specialty metals equivalent in quality and amount to that 
     which would have been used to produce the item or component 
     for delivery to the Department of Defense; and
       ``(C) purchases the amount of domestically-melted specialty 
     metals specified in the notice under subparagraph (B) during 
     the period specified in paragraph (2).
       ``(2) The period specified in the subparagraph (1)(B) with 
     respect to an item or component covered by paragraph (1) is 
     the period ending on the date of the delivery of the item or 
     component to the Department of Defense and beginning on--
       ``(A) the date of the of the award of the contract for the 
     delivery of the item or component to the Department of 
     Defense; or
       ``(B) any other date agreed upon by the Department of 
     Defense consistent with the production process of the 
     producer under subparagraph (1)(A).''.
                                 ______
                                 
  SA 1455. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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 VII, add the following:

               Subtitle D--Post Traumatic Stress Disorder

     SEC. 741. SHORT TITLE.

       This subtitle may be cited as the ``Peace of Mind for Our 
     Armed Forces and Their Family Members Act of 2005''.

     SEC. 722. MENTAL HEALTH SCREENINGS FOR POST TRAUMATIC STRESS 
                   DISORDER AND OTHER MENTAL HEALTH CONDITIONS.

       (a) Screenings of Members of Armed Forces.--
       (1) In general.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary concerned shall perform 
     mental health screenings of each member of the Armed Forces 
     who is deployed in a combat operation or to a combat zone.
       (2) Nature of screenings.--The first mental health 
     screening of a member under this subsection shall be designed 
     to determine the mental state of such member before 
     deployment. Each other mental health screening of a member 
     under this subsection shall be designated to detect symptoms 
     or other evidence in such member of Post Traumatic Stress 
     Disorder (PTSD) or other mental health condition relating to 
     combat.
       (3) Time of screenings.--A member shall receive a mental 
     health screening under this subsection at times as follows:
       (A) Prior to deployment in a combat operation or to a 
     combat zone.
       (B) Not later than 30 days after the date of the member's 
     return from such deployment.
       (C) Not later than 90 days after the date of the member's 
     return from such deployment.
       (D) Not later than 180 days after the date of the member's 
     return from such deployment.
       (E) Not later than one year after the date of the member's 
     return from such deployment, and every year thereafter until 
     such time as the Secretary concerned determines appropriate.
       (b) Screening of Dependents.--Subject to the availability 
     of facilities and resources, the Secretary concerned may 
     perform mental health screenings of any dependent of a member 
     of the Armed Forces deployed in a combat operation or to a 
     combat zone who requests such screenings under this section.
       (c) Other Screenings.--Nothing in this section shall be 
     construed to prohibit the Secretary concerned from performing 
     other mental health screenings or assessments of a member of 
     the Armed Forces, or of a dependent of a member of the Armed 
     Forces, if circumstances so warrant.

     SEC. 743. LEADERSHIP TRAINING ON POST TRAUMATIC STRESS 
                   DISORDER.

       (a) Training Required.--Each Secretary concerned shall 
     provide training on the causes, symptoms, and effects of Post 
     Traumatic Stress Disorder (PTSD) to members of

[[Page S8842]]

     the Armed Forces who serve as commanders of military units at 
     the company level and above.
       (b) Elements.--The training provided under subsection (a) 
     shall include the following:
       (1) Information on the availability of mental health 
     screenings under section 2 for members of the Armed Forces 
     and their dependents.
       (2) Information on various means of encouraging members of 
     the Armed Forces who may be experiencing Post Traumatic 
     Stress Disorder to seek evaluation and treatment.
       (3) Such other information on Post Traumatic Stress 
     Disorder, and the identification, evaluation, and treatment 
     of Post Traumatic Stress Disorder, as the Secretary concerned 
     considers appropriate.

     SEC. 744. TRAINING AND EDUCATION OF MEMBERS OF THE ARMED 
                   FORCES AND THEIR DEPENDENTS ON POST TRAUMATIC 
                   STRESS DISORDER.

       (a) Training for Members of Armed Forces.--Each Secretary 
     concerned shall provide training on the causes, symptoms, and 
     effects of Post Traumatic Stress Disorder (PTSD) to members 
     of the Armed Forces.
       (b) Education for Dependents.--Each Secretary concerned 
     shall take appropriate actions to make available to the 
     dependents of members of the Armed Forces information on the 
     causes, symptoms, and effects of Post Traumatic Stress 
     Disorder in members of the Armed Forces.

     SEC. 745. TREATMENT PROGRAMS FOR POST TRAUMATIC STRESS 
                   DISORDER AND OTHER MENTAL HEALTH CONDITIONS.

       (a) Programs Required.--The Secretary of Defense shall 
     implement programs, and enhance existing programs, in order 
     to improve the treatment provided by the Department of 
     Defense to members of the Armed Forces for Post Traumatic 
     Stress Disorder (PTSD) and other mental health conditions 
     associated with service in combat. Such programs shall 
     facilitate the participation of dependents of members of the 
     Armed Forces in the treatment of such members for such 
     conditions.
       (b) Report on Programs.--Not later than one year after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the actions taken by the Secretary 
     under subsection (a). The report shall include--
       (1) a description of the programs implemented or enhanced 
     under that subsection, including a description of how such 
     programs will improve the treatment of members of the Armed 
     Forces for Post Traumatic Stress Disorder; and
       (2) information on the participation of members of the 
     Armed Forces and their dependents in such programs.

     SEC. 746. DEFINITIONS.

       In this subtitle:
       (1) Dependent.--The term ``dependent'', with respect to a 
     member of the Armed Forces, has the meaning given such term 
     in section 1072(2) of title 10, United States Code.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given such term in section 101(a) of title 
     10, United States Code.
                                 ______
                                 
  SA 1456. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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 V, add the following:

     SEC. 358. SENSE OF SENATE ON TAX RELIEF FOR EMPLOYERS WHO 
                   COVER PAY GAP OF MOBILIZED EMPLOYEES WHO ARE 
                   MEMBERS OF THE NATIONAL GUARD AND RESERVES.

       (a) Findings.--The Senate makes the following findings:
       (1) More than 137,000 members of the National Guard and the 
     Reserves have been called or ordered to active duty.
       (2) 74,700 members of the National Guard and the Reserves 
     are serving bravely in the war on terrorism.
       (3) When a member of the National Guard or the Reserves is 
     called or ordered to active duty, the member faces a loss of 
     income in the difference between the amount of the member's 
     civilian pay and the member's military pay (often referred to 
     as a ``pay gap'') because military salaries are less than 
     civilian salaries. More than 51 percent of our citizen 
     soldiers take a pay cut when they are deployed, and 11 
     percent of them lose more than $2,500 per month.
       (4) The pay gap can make it difficult for military families 
     to make ends meet while a member of the National Guard or the 
     Reserves is mobilized.
       (5) There are hundreds, if not thousands, of patriotic 
     employers that continue to pay the salaries of members of the 
     National Guard and the Reserves who are called or ordered to 
     active duty.
       (6) Some of these employers not only continue to pay 
     salaries to their employees who are members of the National 
     Guard or the Reserves on active duty, they often need to hire 
     a temporary employee to keep their businesses going while 
     such employees are on active duty.
       (7) While these patriotic employers make this sacrifice, 
     there are thousands more who cannot afford to do so.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the tax provisions under budget reconciliation should contain 
     provisions to provide tax relief to employers who make up the 
     pay gap for their employees who are called or ordered to 
     active duty in the National Guard or the Reserves.
                                 ______
                                 
  SA 1457. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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. CHAPLAIN PROGRAM.

       (a) Additional Amount for Operation and Maintenance, Army 
     Reserve.--The amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve is 
     hereby increased by $7,600,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 301(6) for operation and maintenance 
     for the Army Reserve, as increased by subsection (a), 
     $7,600,000 may be available for the Chaplain Program, of 
     which--
       (1) $2,400,000 may be available for trainers;
       (2) $1,000,000 may be available for augmentation personnel;
       (3) $4,200,000 may be available for spouses, facilities, 
     and materials.
                                 ______
                                 
  SA 1458. Mr. NELSON 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 378, between lines 10 and 11, insert the following:

     SEC. 3114. COMPENSATION OF ENERGY EMPLOYEES EXPOSED TO 
                   RESIDUAL BERYLLIUM CONTAMINATION.

       (a) Amendments to Energy Employees Occupational Illness 
     Program.--The Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (title XXXVI of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398)) is amended 
     as follows:
       (1) Employees covered under program.--Section 3621(7)(C) 
     (42 U.S.C. 7384l(7)(C)) is amended by striking ``during a 
     period when the vendor was engaged in activities related to 
     the production or processing of beryllium for sale to, or use 
     by, the Department of Energy'' and inserting the following: 
     ``during a period when--
       ``(i) the vendor was engaged in activities related to the 
     production or processing of beryllium for sale to, or use by, 
     the Department of Energy; or
       ``(ii) there existed a potential for significant residual 
     beryllium contamination at a facility after the vendor ceased 
     to be engaged in such activities, according to the Report on 
     Residual Radioactive Contamination and Beryllium 
     Contamination at Atomic Weapons Employer Facilities and 
     Beryllium Vendors, published by the National Institute for 
     Occupational Safety and Health in October 2003, or any update 
     of such report, including updates required under section 3169 
     of the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal Year 2005 (Public Law 108-375; 42 U.S.C. 7384 
     note).''.
       (2) Determination of beryllium exposure.--Section 3623(a) 
     (42 U.S.C. 7384n(a)) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by striking ``A covered beryllium employee'' and 
     inserting ``(1) A covered beryllium employee'';
       (C) by inserting after ``such facility'' the following: 
     ``or significant residual beryllium remained after the 
     termination at such facility of activities related to the 
     production or processing of beryllium''; and
       (D) by adding at the end the following new paragraph:
       ``(2) A covered beryllium employee exposed to residual 
     beryllium while present in a facility that engaged in 
     activities related to the production or processing of 
     beryllium for sale to, or use by, the Department of Energy 
     and one or more other entities shall be determined to have 
     been exposed to beryllium in the performance of duty for the 
     purposes of the compensation program regardless of whether 
     the source of such exposure can be distinguished through 
     reliable documentation.''.
       (3) Requirement to expand list of beryllium vendors.--
     Section 3622 (42 U.S.C. 7384m) is amended by striking ``Not 
     later than December 31, 2002, the President may'' and 
     inserting ``Not later than December 31,

[[Page S8843]]

     2005, and annually thereafter until December 31, 2008, the 
     President shall''.
       (b) Updates of Reports on Residual Contamination.--
       (1) Updates required.--Subsection (a) of section 3169 of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2191; 42 
     U.S.C. 7384 note) is amended to read as follows:
       ``(a) Updates of Report.--Not later than 14 days after a 
     residual beryllium report is completed for a facility and the 
     Director of the National Institute for Occupational Safety 
     and Health completes an internal review of such report, the 
     Director shall submit to Congress an update to the report 
     required by section 3151(b) of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     42 U.S.C. 7384 note) that includes with respect to such 
     facility the applicable elements described in subsection 
     (b).''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (b), by striking ``The update'' and 
     inserting ``Each update submitted under subsection (a)'';
       (B) in subsection (c), by striking ``the report'' and 
     inserting ``each report''; and
       (C) in the heading, by striking ``update'' and inserting 
     ``updates''.
                                 ______
                                 
  SA 1459. Mr. NELSON of Florida 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 378, between lines 10 and 11, insert the following:

     SEC. 3114. SENSE OF THE SENATE REGARDING INTERIM REPORTS ON 
                   RESIDUAL BERYLLIUM CONTAIMINATION AT DEPARTMENT 
                   OF ENERGY VENDOR FACILITIES.

       (a) Findings.--The Senate makes the following findings:
       (1) Section 3169 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     42 U.S.C. 7384 note) requires the National Institute for 
     Occupational Safety and Health to submit, not later than 
     December 31, 2006, an update to the October 2003 report of 
     the Institute on residual beryllium contamination at 
     Department of Energy vendor facilities.
       (2) The American Beryllium Company, Tallevast, Florida, 
     machined beryllium for the Department of Energy's Oak Ridge 
     Y-12, Tennessee, and Rocky Flats, Colorado, facilities from 
     1967 until 1992.
       (3) The National Institute for Occupational Safety and 
     Health has completed its evaluation of residual beryllium 
     contamination at the American Beryllium Company.
       (4) Claimants from American Beryllium Company need to know 
     whether residual beryllium was present at the American 
     Beryllium Company facility before or after the dates of 
     coverage established by the Department of Energy and the 
     Department of Labor in order to evaluate the need for further 
     legislative action.
       (b) Sense of the Senate.--It is the sense of the Senate to 
     urge the Director of the National Institute for Occupational 
     Safety and Health--
       (1) to provide to Congress interim reports of residual 
     beryllium contamination at facilities not later than 14 days 
     after completing the internal review of such reports; and
       (2) to publish in the Federal Register summaries of the 
     findings of such reports, including the dates of any 
     significant residual beryllium contamination, at such time as 
     the reports are provided to Congress under paragraph (1).
                                 ______
                                 
  SA 1460. Mr. LEAHY 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 286, between lines 7 and 8, insert the following:

         Subtitle H--Convention Against Torture Implementation

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Convention Against 
     Torture Implementation Act of 2005''.

     SEC. 1082. PROHIBITION ON CERTAIN TRANSFERS OF PERSONS.

       (a) Prohibition.--No person in the custody or control of a 
     department, agency, or official of United States Government, 
     or of any contractor of any such department or agency, shall 
     be expelled, returned, or extradited to another country, 
     whether directly or indirectly, if--
       (1) the country is included on the most recent list 
     submitted to Congress by the Secretary of State under section 
     1083; or
       (2) there are otherwise substantial grounds for believing 
     that the person would be in danger of being subjected to 
     torture.
       (b) Exceptions.--
       (1) Waivers.--
       (A) Authority.--The Secretary of State may waive the 
     prohibition in subsection (a) (1) with respect to a country 
     if the Secretary certifies to the appropriate congressional 
     committees that--
       (i) the acts of torture that were the basis for including 
     that country the list have ended; and
       (ii) there is in place a mechanism that assures the 
     Secretary in a verifiable manner that a person expelled, 
     returned, or extradited to that country will not be tortured 
     in that country, including, at a minimum, immediate, 
     unfettered, and continuing access, from the point of return, 
     to such person by an independent humanitarian organization.
       (B) Reports on Waivers.--
       (i) Reports required.--For each person expelled, returned, 
     or extradited under a waiver provided under subparagraph (A), 
     the head of the appropriate government agency making such 
     transfer shall submit to the appropriate congressional 
     committees a report that includes the name and nationality of 
     the person transferred, the date of transfer, the reason for 
     such transfer, and the name of the receiving country.
       (ii) Form.--Each report under this subparagraph shall be 
     submitted, to the extent practicable, in unclassified form, 
     but may include a classified annex as necessary to protect 
     the national security of the United States.
       (2) Extradition or removal.--The prohibition in subsection 
     (a)(1) may not be construed to apply to the legal extradition 
     of a person under a bilateral or multilateral extradition 
     treaty or to the legal removal of a person under the 
     immigration laws of the United States if, before such 
     extradition or removal, the person has recourse to a United 
     States court of competent jurisdiction to challenge such 
     extradition or removal.
       (e) Assurances Insufficient.--Written or verbal assurances 
     made to the United States by the government of a country that 
     persons in its custody or control will not be tortured are 
     not sufficient for believing that a person is not in danger 
     of being subjected to torture for purposes of subsections 
     (a)(2) and (b)(2), or for meeting the requirements of 
     subsection (b)(1)(A)(ii).

     SEC. 1083. REPORTS ON COUNTRIES USING TORTURE.

       Not later than 30 days after the effective date or this 
     subtitle, and annually thereafter, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report listing each country where torture is known to be 
     used. The list shall be compiled on the basis of the 
     information contained in the most recent annual report of the 
     Secretary of State submitted to the Speaker of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate under section 116(d) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151n(d)).

     SEC. 1084. REGULATIONS.

       (a) Interim Regulations.--Not later than 60 days after the 
     effective date of this subtitle, the heads of the appropriate 
     government agencies shall prescribe interim regulations for 
     the purpose of carrying out this subtitle and implementing 
     the obligations of the United States under Article 3 of the 
     Convention Against Torture, subject to any reservations, 
     understandings, declarations, and provisos contained in the 
     Senate resolution advising and consenting to the ratification 
     of the Convention Against Torture, and consistent with the 
     provisions of this subtitle.
       (b) Final Regulations.--Not later than 180 days after 
     interim regulations are prescribed under subsection (a), and 
     following a period of notice and opportunity for public 
     comment, the heads of the appropriate government agencies 
     sha11 prescribe final regulations for the purposes described 
     in subsection (a).

     SEC. 1085. SAVINGS CLAUSE.

       Nothing in this subtitle shall be construed to eliminate, 
     limit, or constrain in any way the obligations of the United 
     States or the rights of any individual under the Convention 
     Against Torture or any other applicable law.

     SEC. 1086. REPEAL OF SUPERSEDED AUTHORITY.

       Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (Public Law 105-277; 8 U.S.C. 1231 
     note) is repealed. Regulations promulgated under such section 
     that are in effect on the date this subtitle becomes 
     effective shall remain in effect until the heads of the 
     appropriate government agencies issue interim regulations 
     under section 1084(a).

     SEC. 1087. DEFINITIONS.

       (a) Defined Terms.--In this subtitle:
       (1) Appropriate government agencies.--The term 
     ``appropriate government, agencies'' means--
       (A) the intelligence community (as defined in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 401a(4))); 
     and
       (B) elements of the Department of State, the Department of 
     Defense, the Department of Homeland Security, the Department 
     of Justice, the United States Secret Service, the United 
     States Marshals Service, and any other Federal law 
     enforcement, national security, intelligence, or homeland 
     security agency that takes or assumes custody or control or 
     persons or transports persons in its custody or control 
     outside the United States, other than those elements listed 
     or designated as elements of the intelligence

[[Page S8844]]

     community under section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 401a(4))).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committees on Armed Services, Homeland Security and 
     Government Affairs, Judiciary, Foreign Relations, and the 
     Select Committee on Intelligence of the Senate; and
       (B) the Committees on Armed Services, Homeland Security, 
     Judiciary, International Relations, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (3) Convention against torture.--The term ``Convention 
     Against Torture'' means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York on December 10, 1984, entered 
     into force on June 26, 1987, signed by the United States on 
     April 18, 1988, and ratified by the United States on October 
     21, 1994 (T. Doc. 100-20).
       (4) Expelled person.--A person who is expelled is a person 
     who is involuntarily transferred from the territory of any 
     country, or a port of entry thereto, to the territory of 
     another country, or a port of entry thereto.
       (5) Extradited person.--A person who is extradited is an 
     accused person who, in accordance with chapter 209 of title 
     18, United States Code, is surrendered or delivered to 
     another country with jurisdiction to try and punish the 
     person.
       (6) Returned person.--A person who is returned is a person 
     who is transferred from the territory of any country, or a 
     port of entry thereto, to the territory of another country of 
     which the person is a national or where the person has 
     previously resided, or a port of entry thereto.
       (b) Same Terms as in the Convention Against Torture--Except 
     as otherwise provided, the terms used in this subtitle have 
     the meanings given those terms in the Convention Against 
     Torture, subject to any reservations, understandings, 
     declarations, and provisos contained in the Senate resolution 
     advising and consenting to the ratification of the Convention 
     Against Torture.

     SEC. 1088. EFFECTIVE DATE.

       This subtitle shall take effect on the date that is 30 days 
     after the date of the enactment of this subtitle.

     SEC. 1089. CLASSIFICATION IN UNITED STATES CODE.

       This subtitle shall be classified to the United States Code 
     as a new chapter of title 50, United States Code.
                                 ______
                                 
  SA 1461. Mr. JOHNSON 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:

  TITLE __--FULL RECOGNITION OF SACRIFICE AND VALOR OF UNITED STATES 
                            SERVICE MEMBERS

                          Subtitle A--Findings

     SEC. __01. FINDINGS.

       Congress makes the following findings:
       (1) In his prepared testimony for the June 28, 2005, 
     hearing of the Committee on Veterans' Affairs of the Senate, 
     Secretary R. James Nicholson reported that over 103,000 
     veterans of the Global War on Terrorism, including operations 
     in Iraq, are projected to seek health care from the 
     Department of Veterans Affairs during fiscal year 2005.
       (2) In his prepared testimony for the May 19, 2005, hearing 
     of the Committee on Veterans' Affairs of the House of 
     Representatives, Department of Veterans Affairs Seamless 
     Transition Office Director John Brown testified that--
       (A) over 85,000 veterans of the Global War on Terrorism, 
     including operations in Iraq, had already sought care from 
     the Department of Veterans Affairs; and
       (B) 24 percent of all veterans returning from these 
     operations were seeking health care from the Department of 
     Veterans Affairs.
       (3) In his testimony before the Subcommittee on Defense of 
     the Committee on Appropriations of the Senate on May 11, 
     2005, Air Force Surgeon General Lieutenant General George 
     Peach Taylor, Jr. testified that over 55,000 service members 
     had been medically evacuated since the beginning of Operation 
     Iraqi Freedom.
       (4) The Department of Defense reports that, through July 
     22, 2005--
       (A) 13,559 service members had been wounded in action in 
     Operation Iraqi Freedom; and
       (B) 511 service members had been wounded in action in 
     Operation Enduring Freedom.
       (5) The number of wounded service members reported wounded 
     by the Department of Defense constitute less than \1/6\ of 
     the number of veterans reported to have already sought health 
     care from the Department of Veterans' Affairs, a number which 
     excludes wounded service members still serving on active duty 
     in the Armed Services and wounded service members who sought 
     health care from private physicians.
       (6) In his testimony before the June 28, 2005, hearing of 
     the Committee on Veterans' Affairs of the Senate, Secretary 
     Nicholson estimated that the Department of Veterans Affairs 
     will experience a $1,300,000,000 funding shortfall for fiscal 
     year 2005 and a $1,700,000,000 funding shortfall for fiscal 
     year 2006, in large part because of the Department's 
     inability to plan for the increased workload experienced as a 
     result of large numbers of veterans returning from Operations 
     Iraqi Freedom and Enduring Freedom and seeking health care 
     from the Department.
       (7) It is impossible for the Department of Veterans Affairs 
     to estimate, and for Congress to appropriate, the resources 
     necessary to ensure that the Department of Veterans Affairs 
     can adequately provide quality health care to veterans 
     returning home from Operation Iraqi Freedom and other 
     critical operations if the number of wounded and disabled 
     service members is not accurately reported.

 Subtitle B--Accounting for Casualties Incurred in the Prosecution of 
                      the Global War on Terrorism

     SEC. _11. MONTHLY ACCOUNTING.

       Not later than 5 days after the end of each calendar month, 
     the Secretary of Defense shall publish, for each operation 
     described in section _12, a full accounting of the casualties 
     among the members of the Armed Forces that were incurred in 
     such operation during that month.

     SEC. _12. OPERATIONS COVERED.

       The operations referred to in section _11 are as follows:
       (1) Operation Iraqi Freedom.
       (2) Operation Enduring Freedom.
       (3) Each other operation undertaken by the Armed Forces in 
     the prosecution of the Global War on Terrorism.

     SEC. _13. COMPREHENSIVE CONTENT OF ACCOUNTING.

       For the purpose of providing a full and complete accounting 
     of casualties covered by a report under section _11, the 
     Secretary of Defense shall include in the report the number 
     of casualties in each casualty status in accordance with 
     section _14.

     SEC. _14. CASUALTY STATUS.

       (a) Status Types.--In a report under this title, each 
     casualty among members of the Armed Forces shall be 
     characterized by the most specific casualty status applicable 
     to the member as follows:
       (1) Killed in action.
       (2) Killed in non-hostile duty.
       (3) Killed, self-inflicted.
       (4) Wounded in action, not returned to duty.
       (5) Wounded in action, returned to duty (to the extent that 
     data is available to support this characterization of 
     casualty status).
       (6) Evacuated for medical reasons.
       (b) Definitions.--In this section:
       (1) Killed in action.--The term ``killed in action'', with 
     respect to a member of the Armed Forces, means that the 
     member incurred one or more mortal wounds while involved in 
     an action against a hostile force, whether or not the wounds 
     are inflicted by the hostile force.
       (2) Killed in non-hostile duty.--The term ``killed in non-
     hostile duty'', with respect to a member of the Armed Forces, 
     means that the member incurred one or more mortal wounds that 
     were not self-inflicted and not inflicted during an action 
     against a hostile force.
       (3) Killed, self-inflicted.--The term ``killed, self-
     inflicted'', with respect to a member of the Armed Forces, 
     means a suicide of the member or the death of the member as a 
     result of one or more self-inflicted injuries.
       (4) Wounded in action, not returned to duty.--The term 
     ``wounded in action, not returned to duty'', with respect to 
     a member of the Armed Forces, means that the member, while 
     involved in an action against a hostile force, incurred one 
     or more non-mortal injuries that required medical attention 
     and that prevented the member from returning to duty within 
     72 hours after incurring the injury or injuries.
       (5) Wounded in action, returned to duty.--The term 
     ``wounded in action, returned to duty'', with respect to a 
     member of the Armed Forces, means that the member, while 
     involved in an action against a hostile force, incurred one 
     or more non-mortal injuries that required medical attention 
     but did not prevent the member from returning to duty within 
     72 hours after incurring the injury or injuries.
       (6) Evacuated for medical reasons.--The term ``evacuated 
     for medical reasons'', with respect to a member of the Armed 
     Forces, means that the member was evacuated from a theater of 
     operations for medical reasons, including psychological 
     reasons.

     SEC. _15. PUBLICATION AND RELEASE OF REPORT.

       The Secretary of Defense shall--
       (1) transmit a copy of the report under section _11 to the 
     Secretary of Veterans Affairs;
       (2) transmit a copy of the report to the chairman and 
     ranking member of--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Armed Services of the House of 
     Representatives;
       (C) the Committee on Veterans' Affairs of the Senate; and
       (D) the Committees on Veterans' Affairs of the House of 
     Representatives; and
       (3) place the report on the official website of the 
     Department of Defense.

[[Page S8845]]

     SEC. _16. SENSE OF CONGRESS.

       It is the sense of Congress that full and accurate 
     reporting of casualties among the members of the Armed Forces 
     is essential to the ability of the Federal Government to plan 
     for and provide the resources necessary to ensure that the 
     Department of Veterans Affairs can provide sufficient health 
     care and treatment to members of the Armed Services returning 
     from theaters of conflict.
                                 ______
                                 
  SA 1462. Mr. LAUTENBERG (for himself, Mrs. Murray, Mr. Obama, Mr. 
Corzine, and Mrs. Feinstein) 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 A of title VII, add the following:

     SEC. 705. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF MEDICAL TREATMENT 
                   FACILITIES OR OTHER DEPARTMENT OF DEFENSE 
                   FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``(a) Restriction on Use 
     of Funds.--''.
                                 ______
                                 
  SA 1463. Mr. HARKIN (for himself and 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:

       On page 357, between lines 19 and 20, insert the following:

     SEC. 2843. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, 
                   MIDDLETOWN, IOWA.

       (a) Conveyance authorized.--The Secretary of the Army may 
     convey, without consideration, to the City of Middletown (in 
     this section referred to as the ``City'') all right, title, 
     and interest of the United States in and to a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 1.0 acres located at the Iowa Army Ammunition 
     Plant, Middletown, Iowa.
       (b) Payment of Costs of Conveyance.--
       (1) In general.--The Secretary may require the City to 
     cover costs to be incurred by the Secretary, or to reimburse 
     the Secretary for costs incurred by the Secretary, to carry 
     out the conveyance under subsection (a), including survey 
     costs, costs related to environmental documentation, and 
     other administrative costs related to the conveyance. If 
     amounts are collected from the City in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the City.
       (2) Reimbursement.--Amounts received as reimbursement under 
     paragraph (1) shall be credited to the fund or account that 
     was used to cover the costs incurred by the Secretary in 
     carrying out the conveyance. Amounts so credited shall be 
     merged with amounts in such fund or account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such fund or 
     account.
       (c) Description of property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by surveys satisfactory to 
     the Secretary. The cost of each survey shall be borne by the 
     City.
       (d) Additional terms and conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1464. Mr. LOTT 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 I, add the following:

     SEC. 114. E-HUNTER UNMANNED AERIAL VEHICLE KITS.

       Of the amount authorized to be appropriated by section 
     101(5) for other procurement for the Army, $5,000,000 shall 
     be available for the procurement and installation of E-Hunter 
     Unmanned Aerial Vehicle (UAV) kits.
                                 ______
                                 
  SA 1465. Mr. LOTT (for himself, Mr. Cochran, and Mr. Nelson of 
Florida) 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 II, add the following:

     SEC. 224. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

       Of the amount authorized to be appropriated by section 
     201(5) for research, development, test, and evaluation for 
     Defense-wide activities and available for ballistic missile 
     defense, $80,000,000 may be available for coproduction of the 
     Arrow ballistic missile defense system.
                                 ______
                                 
  SA 1466. Mr. LOTT (for himself and Mr. Cochran) 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. RELEASE OF RIGHT TO PAYMENT FROM REVERSIONARY 
                   INTEREST HOLDERS FOR IMPROVEMENTS TO MILITARY 
                   INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 
                   ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

       The United States shall release or otherwise relinquish any 
     entitlement to receive, pursuant to an agreement providing 
     for such payment, compensation from the holder of a 
     reversionary interest in real property used by the United 
     States for improvements made to a military installation that 
     is closed or realigned as part of the 2005 round of defense 
     base closure and realignment.
                                 ______
                                 
  SA 1467. Mr. SHELBY 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. CONGRESSIONAL AUTHORITY UNDER DEFENSE PRODUCTION 
                   ACT.

       Section 721 of the Defense Production Act of 1950 (50 
     U.S.C. App. 2170) is amended--
       (1) in subsection (a)--
       (A) by striking ``30'' and inserting ``60''; and
       (B) by adding at the end the following: ``The findings and 
     recommendations of any such investigation shall be sent 
     immediately to the President and to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives for 
     review.'';
       (2) in subsection (b)--
       (A) by inserting before the first period ``, or in such 
     instance at the request of the chairman and ranking member of 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate or the Committee on Financial Services of the House of 
     Representatives'';
       (B) in paragraph (2), by inserting before the period ``, 
     and the findings and recommendations of such investigation 
     shall be sent immediately to the President and to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives for review''; and
       (C) by striking ``30'' and inserting ``60'';
       (3) in subsection (f)--
       (A) by striking ``designee may'' and inserting ``designee 
     shall'';
       (B) in paragraph (4), by striking ``and'' at the end;
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) the long-term projections of United States 
     requirements for sources of energy and other critical 
     resources and materials and for economic security.''.
       (4) in subsection (g)--
       (A) by striking ``The President'' and inserting the 
     following:
       ``(1) In general.--The President''; and
       (B) by adding at the end the following:
       ``(2) Quarterly submissions.--The Secretary of the Treasury 
     shall transmit to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives on a quarterly 
     basis, a detailed summary and analysis of each merger, 
     acquisition, or takeover that is being reviewed,

[[Page S8846]]

     was reviewed during the preceding 90-day period, or is likely 
     to be reviewed in the coming quarter by the President or the 
     President's designee under subsection (a) or (b). Each such 
     summary and analysis shall be submitted in unclassified form, 
     with classified annexes as the Secretary determines are 
     required to protect company proprietary information and other 
     sensitive information. Each such summary and analysis shall 
     include an appendix detailing dissenting views.''; and
       (5) by adding at the end the following new subsections:
       ``(l) Congressional Authority.--
       ``(1) In general.--If the President does not suspend or 
     prohibit an acquisition, merger, or takeover under subsection 
     (d), the acquisition, merger, or takeover may not be 
     consummated until 10 legislative days after the President 
     notifies the Congress of the decision not to suspend or 
     prohibit. 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 is 
     introduced.
       ``(2) Disapproval upon passage of resolution.--If a joint 
     resolution introduced under paragraph (1) is enacted into 
     law, the transaction may not be consummated.
       ``(3) Considerations.--The Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives shall 
     review any findings and recommendations submitted under 
     subsection (a) or (b), and any joint resolution under 
     paragraph (1) of this subsection shall be based on the 
     factors outlined in subsection (f).
       ``(4) Senate procedure.--Any joint resolution under 
     paragraph (1) shall be considered in the Senate in accordance 
     with the provisions of section 601(b) of the International 
     Security Assistance and Arms Export Control Act of 1976 
     (Public Law 94-329, 90 Stat. 765).
       ``(5) House consideration.--For the purpose of expediting 
     the consideration and enactment of a joint resolution under 
     paragraph (1), a motion to proceed to the consideration of 
     any such joint resolution shall be treated as highly 
     privileged in the House of Representatives.
       ``(m) Thorough Review.--The President, or the President's 
     designee, shall ensure that an acquisition, merger, or 
     takeover that is completed prior to a review or investigation 
     under this section shall be fully reviewed for national 
     security considerations, even in the event that a request for 
     such review is withdrawn.''.
                                 ______
                                 
  SA 1468. Mr. THOMAS 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 A of title VIII, add the following

     SEC. 807. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES AND 
                   SERVICES.

       (a) In General.--Section 2462(a) of title 10, United States 
     Code, is amended by striking ``from a source'' and all that 
     follows through the end and inserting ``in compliance with 
     applicable provisions of section 2304 of this title.''.
       (b) Modification of Limitation on Conversion to Contractor 
     Performance.--Section 8014(a)(3) of the Department of Defense 
     Appropriations Act, 2005 (Public law 108-287; 118 State. 972) 
     is amended--
       (1) in subparagraph (A), by inserting ``, payment that 
     could be used in lieu of such a plan, health savings account, 
     or medical savings account'' after ``health insurance plan''; 
     and
       (2) in subparagraph (B), by striking ``that requires'' and 
     all that follows through the end and inserting ``that does 
     not comply with the requirements of any Federal law governing 
     the provision of health care benefits by Government 
     contractors that would be applicable if the contractor 
     performed the activity or function under the contract.''.
                                 ______
                                 
  SA 1469. Mr. THOMAS (for himself and Mr. Enzi) 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 G of title X, add the following

     SEC. 1073. RENEWAL OF MORATORIUM ON RETURN OF VETERANS 
                   MEMORIAL OBJECTS TO FOREIGN NATIONS WITHOUT 
                   SPECIFIC AUTHORIZATION IN LAW.

       Section 1051(c) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 763; 10 
     U.S.C. 2572 note) is amended by inserting ``, and during the 
     period beginning on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2006 and ending on 
     the date that is eight years after that date'' before the 
     period.
                                 ______
                                 
  SA 1470. Mr. BENNETT 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 IX, add the following:

     SEC. 912. STUDY ON USE OF SPACE SHUTTLE-DERIVED LAUNCH SYSTEM 
                   TO MEET SPACE LAUNCH REQUIREMENTS.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study to evaluate the feasability and advisability of 
     utilizing a space launch system derived from the Space 
     Shuttle to meet current and future space launch requirements 
     for medium and heavy payloads for national security purposes 
     as a complement to current space launch vehicles.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) A comparison of the reliability of the space launch 
     system described in that subsection with the vehicles 
     referred to in that subsection.
       (2) A comparison of the workforce available to support such 
     system and to support such vehicles.
       (3) A comparative assessment of the infrastructure 
     investment required for such system and for such vehicles.
       (4) A comparative assessment of the impact of the 
     utilization of such system and of the utilization of such 
     vehicles on other weapons systems.
       (5) An identification of single points of failure, if any, 
     in such system and in such vehicles.
       (6) An identification and comparison of any economies of 
     scale with other departments and agencies of the Federal 
     Government that might result from the utilization of such 
     system or of such vehicles.
       (c) Report.--The Secretary shall submit to the 
     congressional defense committees a report on the study 
     required by subsection (a) not later than February 28, 2006.
                                 ______
                                 
  SA 1471. Mr. VITTER 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 V, add the following:

     SEC. 538. DEFENSE SCIENCE BOARD STUDY ON DEPLOYMENT OF 
                   MEMBERS OF THE NATIONAL GUARD AND RESERVES IN 
                   THE GLOBAL WAR ON TERRORISM.

       (a) Study Required.--The Defense Science Board shall 
     conduct a study on the length and frequency of the deployment 
     of members of the National Guard and the Reserves as a result 
     of the global war on terrorism.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An identification of the current range of lengths and 
     frequencies of deployments of members of the National Guard 
     and the Reserves.
       (2) An assessment of the consequences for force structure, 
     morale, and missions capability of deployments of members of 
     the National Guard and the Reserves in the course of the 
     global war on terrorism that are lengthy, frequent, or both.
       (3) An identification of the optimal length and frequency 
     of deployments of members of the National Guard and the 
     Reserves during the global war on terrorism.
       (4) An identification of mechanisms to reduce the length, 
     frequency, or both of deployments of members of the National 
     Guard and the Reserves during the global war on terrorism.
       (c) Report.--Not later than May 1, 2006, the Defense 
     Science Board shall submit to the congressional defense 
     committees a report on the study required by subsection (a). 
     The report shall include the results of the study and such 
     recommendations as the Defense Science Board considers 
     appropriate in light of the study.
                                 ______
                                 
  SA 1472. Mr. SPECTER 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:


[[Page S8847]]


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

     SEC. 596. AWARD OF COMBAT MEDICAL BADGE (CMB) OR OTHER COMBAT 
                   BADGE FOR ARMY HELICOPTER MEDICAL EVACUATION 
                   AMBULANCE (MEDEVAC) PILOTS AND CREWS.

       (a) Requirement to Elect and Award Combat Badge.--The 
     Secretary of the Army shall, at the election of the 
     Secretary--
       (1) award the Combat Medical Badge (CMB) to each member of 
     a helicopter medical evacuation ambulance crew; or
       (2)(A) establish a bade of appropriate design, to be known 
     as the Combat Medevac Badge; and
       (B) award that badge to each member of a helicopter medical 
     evacuation ambulance crew who meets such requirements for 
     eligibility for the award of that badge as the Secretary 
     shall prescribe.
       (b) Award for Service Before Date of Enactment.--In the 
     case of persons who qualified for treatment as a member of a 
     helicopter medical evacuation ambulance crew by reason of 
     service during the period beginning on June 25, 1950k and 
     ending on the date of the enactment of this Act, the 
     Secretary shall award a badge under subsection (a) to each 
     such person with respect to who an application for the award 
     of such badge is made to the Secretary after such date in 
     such manner as the Secretary may require.
       (c) Member of Helicopter Medical Evacuation Ambulance Crew 
     Defined.--In this section, the term ``member of a helicopter 
     medical evacuation ambulance crew'' means any person who 
     while a member of the Army served in combat on or after June 
     25, 1950, as a pilot or crew member of a helicopter medical 
     evacuation ambulance.
                                 ______
                                 
  SA 1473. Mr. CRAIG 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 117, line 11, insert ``through a computer 
     accessible Internet website and other means and'' before ``at 
     no cost''.
                                 ______
                                 
  SA 1474. 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:

       On page 311, in the table preceding line 1, strike the item 
     relating to Fort Sam Houston, Texas.
       On page 311, in the table preceding line 1, strike the 
     amount identified as the total in the amount column and 
     insert ``$1,188,122,000''.
       On page 313, line 4, strike ``$2,966,642,000'' and insert 
     ``$2,959,642,000''.
       On page 313, line 7, strike ``$1,007,222,000'' and insert 
     ``$1,000,222,000''.
                                 ______
                                 
  SA 1475. 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:

       On page 337, between lines 4 and 5, insert the following:

     SEC. 2602. PROHIBITION ON USE OF FUNDS FOR ARMY RESERVE 
                   MILITARY CONSTRUCTION PROJECT AT ELLINGTON 
                   FIELD, TEXAS.

       None of the funds authorized to be appropriated to the 
     Department of the Army by section 2601(1)(A) for the Army 
     Reserve for military construction may be made available for 
     construction of an Army Reserve center at Ellington Field, 
     Texas.
                                 ______
                                 
  SA 1476. 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; 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 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.
       (F) Actions by the administration to develop 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.
       (G) Actions to review laws and regulations governing the 
     Committee on Foreign Investment in the United States (CFIUS), 
     including exploring whether the definition of national 
     security should include the potential impact on national 
     economic security as a criterion to be reviewed, and whether 
     the chairmanship of CFIUS should be transferred from the 
     Secretary of the Treasury to a more appropriate executive 
     branch agency.

[[Page S8848]]

       (H) 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.
       (I) Actions by the administration to discourage foreign 
     defense contractors from selling sensitive 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.
       (J) 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 1477. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her 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 VI, add the following:

     SEC. 624. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR 
                   SPECIAL PAY FOR RESERVE HEALTH PROFESSIONALS IN 
                   CRITICALLY SHORT WARTIME SPECIALTIES.

       (a) In General.--Section 302g(b) of title 37, United States 
     Code, is amended by inserting ``, including oral and 
     maxillorfacial surgery,'' after ``in a health profession''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2005.
                                 ______
                                 
  SA 1478. Mrs. HUTCHISON (for herself and Ms. Mikulski) submitted an 
amendment intended to be proposed by her 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 VI, add the following:

     SEC. 624. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR 
                   INCENTIVE SPECIAL PAY FOR MEDICAL OFFICERS OF 
                   THE ARMED FORCES.

       (a) In General.--For purposes of eligibility for incentive 
     special pay payable under section 302(b) of title 37, United 
     States Code, oral and maxillofacial surgeons shall be treated 
     as medical officers of the Armed Forces who may be paid 
     variable special pay under section 302(a)(2) of such title.
       (b) Effective Date.--Subsection (a) shall take effect on 
     October 1, 2005, and shall apply with respect to incentive 
     special pay payable under section 302(b) of title 37, United 
     States Code, on or after that date.
                                 ______
                                 
  SA 1479. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her 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 237, after line 17, insert the following:

     SEC. 846. SMALL DISADVANTAGED BUSINESSES.

       (a) In General.--Subparagraphs (D) and (E) of section 
     8(a)(6) of the Small Business Act (15 U.S.C. 637(a)(6)), 
     regarding asset withdrawals, shall not apply to a socially 
     and economically disadvantaged small business concern if--
       (1) the small business concern provides supplies or 
     services under a Government prime contract or subcontract at 
     any tier; and
       (2) such supplies or services are provided in whole or in 
     part through the presence of the personnel of such small 
     business concern in a qualified area.
       (b) Duration.--A waiver under subsection (a) shall last for 
     the duration of the prime contract or subcontract with the 
     Government under subsection (a)(1).
       (c) Definitions.--As used in this section--
       (1) the term ``qualified area'' means--
       (A) a combat zone, as defined in section 112(c)(2) of the 
     Internal Revenue Code of 1986; and
       (B) an area designated by the Secretary of State as 
     eligible for a danger pay allowance under section 5928 of 
     title 5, United States Code; and
       (2) the term ``socially and economically disadvantaged 
     small business concern'' has the meaning given that term 
     under section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 
     637(a)(4)(A)).
                                 ______
                                 
  SA 1480. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her 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:

     SEC. ___. AERONAUTICAL RESEARCH CAPABILITIES ASSESSMENT.

       (a) In General.--The Secretary of Defense, in cooperation 
     with the Administrator of the National Aeronautics and Space 
     Administration, is directed to conduct an assessment of 
     aeronautical research assets and capabilities operated and 
     maintained by the Administration to determine their potential 
     application to existing and planned aeronautical research 
     activities of the Department of Defense.
       (b) Matters Covered.--The assessment shall include an 
     identification and inventory of Administration facilities, 
     personnel and supporting infrastructure which offer research 
     capabilities not presently available to the Department for 
     the conduct of aeronautical research and which would make a 
     significant contribution to the Department aeronautical 
     research mission and programs.
       (c) Deadline.--The Secretary and the Administrator shall--
       (1) complete the assessment within 6 months after the date 
     of enactment of this Act; and
       (2) transmit it, together with associated working papers, 
     within 60 days after it is completed to the Joint 
     Aeronautical Research Working Group established under 
     subsection (d).
       (d) Establishment and Responsibilities of Joint 
     Aeronautical Research Working Group.--Within 30 days after 
     the date of enactment of this Act, the Secretary and the 
     Administrator shall establish a Joint Aeronautical Research 
     Working Group for the purpose of identifying opportunities 
     for cooperative aeronautical research between the 
     Administration and the Department, and developing 
     recommendations for implementation of those opportunities. 
     The Secretary and the Administrator shall jointly determine 
     the composition, operational procedures, and statement of 
     work to guide the activities of the Working Group.
                                 ______
                                 
  SA 1481. 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. MODIFICATION OF AUTHORITY OF ARMY WORKING-CAPITAL 
                   FUNDED FACILITIES TO ENGAGE IN COOPERATIVE 
                   ACTIVITIES WITH NON-ARMY ENTITIES.

       (a) Applicability of Sunset.--Subsection (j) of section 
     4544 of title 10, United States Code, is amended by striking 
     ``September 30, 2009,'' and all that follows through the end 
     and inserting September 30, 2009.''.
       (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 1482. Mr. OBAMA (for himself, Mr. Byrd, and Mr. Durbin) 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. SENSE OF THE SENATE REGARDING REQUIREMENT TO 
                   OBTAIN CONSENT OF GOVERNORS OF STATES AFFECTED 
                   BY MOVEMENT OR REALLOCATION OF AIRCRAFT FROM 
                   AIR NATIONAL GUARD UNITS.

       It is the sense of the Senate that the movement or 
     reallocation of aircraft from one Air

[[Page S8849]]

     National Guard unit to another Air National Guard unit--
       (1) constitutes--
       (A) a relocation or withdrawal of a unit for purposes of 
     section 18238 of title 10, United States Code; and
       (B) a ``change in the branch, organization, or allotment of 
     a unit'' for purposes of section 104(c) of title 32, United 
     States Code; and
       (2) therefore requires the consent of the governor of an 
     affected State.
                                 ______
                                 
  SA 1483. 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 A of title X, add the following:

     SEC. 1009. FUNDING FOR INCREASED PERSONNEL STRENGTHS FOR ARMY 
                   AND MARINE CORPS FOR FISCAL YEAR 2006.

       (a) Additional Amounts.--
       (1) Additional amount for operation and maintenance, 
     army.--The amount authorized to be appropriated by section 
     301(1) for operation and maintenance for the Army is hereby 
     increased by $1,081,640,000.
       (2) Additional amount for operation and maintenance, marine 
     corps.--The amount authorized to be appropriated by section 
     301(3) for operation and maintenance for the Marine Corps is 
     hereby increased by $31,431,000.
       (3) Additional amount for operation and maintenance, 
     defense-wide activities.--The amount authorized to be 
     appropriated by section 301(5) for operation and maintenance 
     for Defense-wide activities is hereby increased by 
     $121,397,000.
       (4) Additional amount for defense health program.--The 
     amount authorized to be appropriated by section 303(a) for 
     the Defense Health Program is hereby increased by 
     $275,615,000, with the amount of the increase to be allocated 
     to amounts available under paragraph (1) of that section for 
     operation and maintenance.
       (5) Additional amount for military personnel.--The amount 
     authorized to be appropriated by section 421 for military 
     personnel is hereby increased by $2,698,091,000.
       (b) Offsets From Supplemental Amounts for Iraq, 
     Afghanistan, and Global War on Terrorism.--
       (1) Operation and maintenance, army.--The amount authorized 
     to be appropriated by section 1406(1) is hereby reduced by 
     $1,081,640,000.
       (2) Operation and maintenance, marine corps.--The amount 
     authorized to be appropriated by section 1406(3) is hereby 
     reduced by $31,431,000.
       (3) Operation and maintenance, defense-wide activities.--
     The amount authorized to be appropriated by section 1406(5) 
     is hereby reduced by $121,397,000.
       (4) Defense health program.--The amount authorized to be 
     appropriated by section 1407 is hereby reduced by 
     $275,615,000.
       (5) Military personnel, army.--The amount authorized to be 
     appropriated by section 1408(1) is hereby reduced by 
     $2,527,520,000.
       (6) Military personnel, marine corps.--The amount 
     authorized to be appropriated by section 1408(3) is hereby 
     reduced by $170,571,000.
                                 ______
                                 
  SA 1484. Mr. REID 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 296, after line 19, insert the following:

     SEC. 1205. REPORT ON NUCLEAR WEAPONS DEVELOPMENT IN NORTH 
                   KOREA.

       (a) Findings.--Congress makes the following findings:
       (1) Since the 1993 announcement by officials of the 
     Government of North Korea that North Korea intended to 
     withdraw from the Treaty on the Non-Proliferation of Nuclear 
     Weapons, done at Washington, London, and Moscow July 1, 1968 
     (21 UST 483) (hereinafter referred to as the ``Nuclear Non-
     Proliferation Treaty''), the United States and its allies 
     have carried out a number of diplomatic initiatives to 
     address concerns related to nuclear weapons development in 
     North Korea.
       (2) Diplomatic negotiations led to the Agreed Framework 
     between the United States and North Korea, signed in Geneva 
     October 21, 1994 (hereinafter referred to as the ``Agreed 
     Framework''), under which more than 8,000 plutonium spent 
     fuel rods suitable for reprocessing into weapons grade 
     material were kept under international monitoring.
       (3) During the period that the Agreed Framework has not 
     been in effect since 2002--
       (A) officials of the Government of North Korea have 
     indicated North Korea has reprocessed all of the 8,000 
     plutonium spent fuel rods that were previously under 
     international monitoring so that such rods are in a form 
     suitable for use in multiple nuclear weapons;
       (B) North Korea has withdrawn from the Nuclear Non-
     Proliferation Treaty; and
       (C) officials of the Government of North Korea have 
     indicated that North Korea has restarted its known plutonium-
     based reactor at Yongbyon which allows North Korea to prepare 
     more nuclear weapons material.
       (4) Since 2002, the United States diplomatic strategy with 
     respect to nuclear materials in North Korea has centered on a 
     six party talks process, the last meeting of which occurred 
     in June 2004, and next meeting of which is expected to begin 
     on July 26, 2005.
       (5) Complete and open debate by Congress and the people of 
     the United States of the national security interests and an 
     accurate assessment of the diplomatic options available to 
     the United States with respect to North Korea require that 
     the most complete data regarding nuclear materials 
     development in North Korea be made available.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States negotiators in the process of six 
     party talks regarding the development of nuclear materials in 
     North Korea should be fully empowered with the flexibility to 
     negotiate meaningfully to seek agreements and understandings 
     that advance toward the goal of a denuclearized North Korea, 
     as such agreements and understandings are in the national 
     security interest of the United States; and
       (2) such six party talks should occur in an ongoing, 
     regular, and frequent basis.
       (c) Report.--
       (1) Requirement.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on the development of nuclear materials in 
     North Korea. Such report shall include--
       (A) an estimate of the number of nuclear weapons that the 
     President believes that it is likely that North Korea 
     produced--
       (i) prior to the signing of the Agreed Framework in 1994;
       (ii) during the period from 1994 through 2002 that the 
     Agreed Framework was in effect; and
       (iii) after the date that the United States and North Korea 
     ceased adhering to the Agreed Framework in 2002; and
       (B) an assessment of the number of plutonium and uranium-
     based nuclear weapons that the President--
       (i) believes that North Korea has control of on the date of 
     the enactment of the Act; and
       (ii) projects that North Korea could have control of on the 
     dates that are 1, 3, 5, and 10 years after the date of the 
     enactment of this Act if diplomatic efforts to prevent the 
     proliferation of nuclear materials in North Korea are 
     unsuccessful.
       (2) Form of report.--The report required by paragraph (1) 
     shall be submitted in an unclassified form.
                                 ______
                                 
  SA 1485. Mr. REID 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 296, after line 19, insert the following:

     SEC. 1205. SENSE OF CONGRESS ON UNITED STATES PARTICIPATION 
                   IN REVIEW CONFERENCES OF THE PARTIES TO TREATY 
                   ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS.

       (a) Findings.--Congress makes the following findings:
       (1) The Treaty on the Non-Proliferation of Nuclear Weapons, 
     done at Washington, London, and Moscow July 1, 1968 (21 UST 
     483) (hereinafter referred to as the ``Nuclear Non-
     Proliferation Treaty''), which has 188 party countries, is 
     the centerpiece of the international regime to prevent the 
     spread of nuclear weapons.
       (2) Since 1975, a Review Conference of the Parties to the 
     Treaty on the Non-Proliferation of Nuclear Weapons has been 
     held every five years to review the Nuclear Non-Proliferation 
     Treaty, evaluate the progress has been made, and assess the 
     additional steps that must be carried out to prevent the 
     spread of nuclear weapons.
       (3) The Nuclear Non-Proliferation Treaty must be 
     strengthened to respond to current proliferation challenges, 
     and the leadership of the United States is crucial in such 
     effort.
       (4) The United States was represented at each of the first 
     four Review Conferences, which were held during 1975, 1980, 
     1985, and 1990, by an official no lower than the equivalent 
     of a Deputy Secretary of State, who reported directly to the 
     Secretary of State, and at the last two conferences, which 
     were held during 1995 and 2000, the United States was 
     represented by the Vice President and the Secretary of State.
       (5) The Assistant Secretary for Arms Control of the 
     Department of State, who reports to the Secretary of State 
     through the Undersecretary for Arms Control and International 
     Security Affairs and the Deputy Secretary of State, 
     represented the United

[[Page S8850]]

     States at the 2005 Review Conference and was the lowest-level 
     representative ever to represent the United States at a 
     Review Conference.
       (6) The level of United States representation at Review 
     Conferences affects the ability of the United States 
     Government to exert leadership in strengthening the 
     international nuclear nonproliferation regime.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of State should represent the United 
     States at all future Review Conferences of the Parties to the 
     Treaty on the Non-Proliferation of Nuclear Weapons;
       (2) not later than 90 days prior to the start of each 
     Review Conference or any preparatory conference to the 
     Nuclear Non-Proliferation Treaty, the President should submit 
     to Congress a plan that outlines the United States objectives 
     for the Review Conference or preparatory conference and a 
     comprehensive strategy for achieving such objectives; and
       (3) not later than 90 days after the conclusion of a Review 
     Conference or any such preparatory conference or, with 
     respect to the Review Conference held during 2005, not later 
     than 90 days after the date of enactment of this Act, the 
     President should submit to Congress an after-action review of 
     the Review Conference or preparatory conference, including an 
     assessment of which United States objectives related to 
     strengthening international nuclear nonproliferation efforts 
     were achieved and which such objectives were not achieved 
     during the Review Conference or preparatory conference.
                                 ______
                                 
  SA 1486. Mr. REID (for himself and Mr. Obama) 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. UPDATE OF UNITED STATES STRATEGY TO COMBAT THE 
                   PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

       (a) Findings.--Congress makes the following findings:
       (1) On February 11, 2004, President George W. Bush stated 
     that ``the greatest threat before humanity today is the 
     possibility of secret and sudden attack with chemical or 
     biological or radiological or nuclear weapons'' and on 
     September 30, 2004, President George W. Bush stated that 
     ``the biggest threat facing the country is weapons of mass 
     destruction in the hands of a terrorist network.''
       (2) Protecting against nuclear, radiological, biological, 
     or chemical terrorism requires a layered defense drawing upon 
     a full spectrum of capabilities and tools, beginning with a 
     national strategy for a domestic and international effort to 
     detect, prevent, and respond to the proliferation of weapons 
     of mass destruction (WMD), or, if prevention fails, to manage 
     the consequences of attacks while preserving fundamental 
     liberties and economic activity.
       (2) A National Strategy to Combat Weapons of Mass 
     Destruction was published in December 2002.
       (3) Since the development of the National Strategy--
       (A) the nature of the weapons of mass destruction threats 
     to the United States has changed; and
       (B) the understanding of likely future weapons of mass 
     destruction threats has also changed.
       (4) Since the development of the National Strategy, United 
     States policies and capabilities for detecting, preventing, 
     and responding to weapons of mass destruction threats have 
     also changed:
       (A) President George W. Bush enumerated on February 11, 
     2004, a number of new actions the United States would call 
     for to address weaknesses in efforts to combat the 
     proliferation of weapons of mass destruction. Some of the 
     most important of these actions have not yet been implemented 
     or have met international resistance.
       (B) A significant intelligence failure has been identified 
     with respect to the assessment of the weapons of mass 
     destruction capabilities of Iraq, which failure has 
     precipitated several efforts to identify systemic 
     deficiencies in intelligence and implement recommended 
     improvements, including implementation of 70 recommendations 
     of the Commission on the Intelligence Capabilities of the 
     United States Regarding Weapons of Mass Destruction.
       (C) As required by the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458), and as 
     recommended by the Commission on the Intelligence 
     Capabilities of the United States Regarding Weapons of Mass 
     Destruction, President George W. Bush announced in June 2005 
     the intent to establish a National Counter Proliferation 
     Center (NCPC). The Center will exercise strategic oversight 
     of the work of the intelligence community on threats posed by 
     the proliferation of weapons of mass destruction and will 
     play a unique leading role within the United States 
     Government in addressing such threats.
       (D) A number of other significant changes to United States 
     policies and capabilities to combat the proliferation of 
     weapons of mass destruction have been recommended, and in 
     some cases, implemented since December 2002, in the absence 
     of an updated national strategy on combatting the 
     proliferation of weapons of mass destruction.
       (b) Update of National Strategy To Combat Weapons of Mass 
     Destruction.--(1) Not later than 6 months after the date of 
     the enactment of this Act, the President shall develop and 
     submit to Congress an update to the National Strategy to 
     Combat Weapons of Mass Destruction of December 2002.
       (2) The update of the National Strategy shall take into 
     account developments since the publication of the National 
     Strategy in December 2002.
       (3) The update of the National Strategy shall include the 
     following:
       (A) Intelligence-based threat assessment.--An assessment of 
     the threat to United States territory, citizens, and 
     interests from the proliferation of weapons of mass 
     destruction and the threat of terrorist acquisition and use 
     of weapons of mass destruction, which assessment should draw 
     upon, and be consistent with, the coordinated judgments of 
     the intelligence community.
       (B) Objectives.--A statement of the objectives of United 
     States policy, both domestically and internationally, 
     regarding detection, prevention, and responding to the 
     proliferation of weapons of mass destruction and the threat 
     of terrorist acquisition (including through development or 
     theft) and use of weapons of mass destruction.
       (C) Capabilities, roles, missions, concepts of 
     operations.--A statement of the full spectrum of currently-
     available capabilities necessary, both domestically and 
     internationally, to address the proliferation of weapons of 
     mass destruction and the threat of terrorist acquisition and 
     use of weapons of mass destruction, and a statement of the 
     roles, missions, and concepts of operations for each of the 
     organizations and programs responsible for providing such 
     capabilities.
       (D) Policy, program and operational coordination.--A review 
     of the mechanisms for planning, coordinating, and 
     implementing policy, programs, and operations, including 
     government-wide strategic operational planning, across all 
     agencies and entities undertaking work to combat the 
     proliferation of weapons of mass destruction and to protect 
     the homeland against weapons of mass destruction attacks, and 
     a statement of plans for improving such mechanisms.
       (4) The update of the National Strategy shall address 
     specific areas key to a successful national strategy to 
     combat the proliferation of weapons of mass destruction, 
     including, but not limited to the following:
       (A) National counter proliferation center.--A description 
     of the roles, missions, and concepts of operations for the 
     National Counter Proliferation Center, including a plan and 
     schedule for establishing the Center and developing it to 
     full working capacity.
       (B) International nonproliferation regimes.--A review of 
     how the United States will seek to strengthen the 
     international nonproliferation regimes, including, but not 
     limited to, the Nuclear Nonproliferation Treaty and 
     associated entities (such as the Nuclear Suppliers Group) in 
     the wake of the 2005 Nuclear Nonproliferation Treaty review 
     conference, the Missile Technology Control Regime, the 
     Biological Weapons Convention, and the Chemical Weapons 
     Convention and associated entities (such as the Australia 
     Group).
       (C) Security of nuclear materials.--A review of how the 
     United States plans to enhance programs to secure weapons-
     usable nuclear materials and radiological materials suitable 
     for use in a so-called ``dirty bomb'' that are located around 
     the world, including but not limited to fulfilling 
     commitments made under the G-8 Global Partnership Against the 
     Spread of Weapons and Materials of Mass Destruction.
       (D) Detection and characterization capabilities.--A review 
     of how the United States plans to improve the array of 
     technologies and devices for the detection of weapons of mass 
     destruction to help ensure the homeland is protected from any 
     means by which weapons of mass destruction could be used 
     against the United States and to prevent the unauthorized 
     movement of such weapons.
       (E) Interdiction capabilities.--An assessment of the 
     ability of the United States and the international community 
     to interdict in transit illicit equipment, technology, 
     materials, and personnel related to weapons of mass 
     destruction, including--
       (i) an assessment of the date, type, number, and impact of 
     interdictions under the Proliferation Security Initiative and 
     any other similar initiatives or programs;
       (ii) an assessment of whether and how the capabilities 
     under the Initiative, and any other similar initiatives or 
     programs, can be strengthened to achieve more concrete 
     results; and
       (iii) an assessment of the amount of funding needed to 
     support such capabilities.
       (F) Nuclear inspections and safeguards.--A review of how 
     the United States will seek to strengthen the ability of the 
     International Atomic Energy Agency (IAEA) to monitor peaceful 
     nuclear energy programs to ensure that such programs are not 
     used as a cover for nuclear weapons development, including, 
     but not limited to--
       (i) how the United States will encourage the adoption and 
     ratification by each non-nuclear weapon state of the Model 
     Additional Protocol with the Agency; and

[[Page S8851]]

       (ii) how the Executive Branch will implement the United 
     States Additional Protocol with the Agency in light of its 
     inability, thus far, to reach agreement on implementing 
     legislation that would permit United States ratification of 
     the Additional Protocol to which the United States Senate 
     gave its advice and consent to ratification on March 31, 
     2004.
       (G) Intelligence capabilities.--A plan for the 
     implementation of intelligence reforms intended to improve 
     intelligence capabilities relating to the proliferation of 
     weapons of mass destruction.
       (H) North korea and iran.--A plan for each of the 
     following:
       (i) Preventing further processing of nuclear weapons 
     material in North Korea and ultimately verifiably eliminating 
     the nuclear weapons program of North Korea.
       (ii) Preventing Iran from developing nuclear weapons.
       (iii) Persuading other nations not to pursue or proliferate 
     their nuclear weapons or nuclear weapons technologies.
       (5) The update required by paragraph (1) shall be submitted 
     to Congress in unclassified form but may include a classified 
     annex if necessary.
                                 ______
                                 
  SA 1487. Mr. REID 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 Departmet 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 division A, add the following:

 TITLE XV--NATIONAL COMMISSION ON THE FUTURE OF THE ALL-VOLUNTEER ARMY

     SEC. 1501. FINDINGS.

       Congress makes the following findings:
       (1) The war in Iraq and military operations in Afghanistan 
     and elsewhere around the world have put the regular Army, the 
     Army National Guard, and the Army Reserve under extreme 
     stress.
       (2) There is a severe mismatch between the size of the 
     force and the missions that it is being asked to perform.
       (3) The operational requirements of a sustained protracted 
     conflict, combined with the supply and demand mismatch, are 
     having a current negative and corrosive effect on the force, 
     which could worsen over time.
       (4) The demands on the force are not likely to diminish in 
     the foreseeable future.
       (5) 40 percent of the forces in Iraq are from the National 
     Guard or the Reserve.
       (6) The severe stresses on the force are having an effect 
     on recruitment and retention for all components of the Army.
       (7) The regular component of the Army could be thousands of 
     recruits short of its goal by the end of 2005, and the Army 
     National Guard and the Army Reserve could be even further 
     behind their recruiting goals by that time.
       (8) Shortfalls in recruiting impose further stress on the 
     force, exacerbate recruiting and retention difficulties, and 
     put pressure on recruiters to use more aggressive tactics and 
     to lower standards.
       (9) The stress is also seen in the day-to-day challenges 
     faced by military families confronting multiple and extended 
     tours of duty in combat operations abroad.
       (10) Surveys of members of the National Guard and the 
     Reserve reveal that the combination of multiple and extended 
     tours with the resulting family burdens is the principle 
     reason for the decision of such members not to continue 
     service in the Army.
       (11) Addressing size, resources, recruiting, retention, 
     military family quality of life, and others issues facing the 
     Army, the Army National Guard, and the Army Reserve is an 
     urgent national priority.
       (12) These are admittedly very complex issues, and a 
     partisan inquiry into who is responsible for ``breaking the 
     force'' is not what is needed.
       (13) Given the profound importance of these issues, a 
     bipartisan commission of prominent Americans should study 
     these issues and make recommendations to Congress on an 
     appropriate response to them.

     SEC. 1502. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the National 
     Commission on the Future of the All-Volunteer Army (in this 
     title referred to as the ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of eight 
     members of whom--
       (A) two shall be appointed by the Majority Leader of the 
     Senate;
       (B) two shall be appointed by the Minority Leader of the 
     Senate;
       (C) two shall be appointed by the Speaker of the House of 
     Representatives; and
       (D) two shall be appointed by the Minority Leader of the 
     House of Representatives, from among the members of such 
     House.
       (2) Date.--The appointments of the members of the 
     Commission shall be made not later than 90 days after the 
     date of the enactment of this Act.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairman.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Chairman and Vice Chairman.--The Commission shall 
     select a Chairman and Vice Chairman from among its members.

     SEC. 1503. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--The Commission shall conduct a thorough 
     study of all matters relating to the future of the all-
     volunteer Army.
       (2) Matters studied.--In conducting the study, the 
     Commission shall consider--
       (A) the roles and missions anticipated for the Army during 
     the five-year period beginning on January 1, 2006, including 
     the role and missions of the Army in homeland defense;
       (B) the proper size and structure of the Army in order to 
     perform the roles and missions described in subparagraph (A), 
     including the proper allocation of responsibilities for such 
     roles and missions between the regular component of the Army 
     and the reserve components of the Army;
       (C) the proper size and structure of the reserve components 
     of the Army to continue to contribute to the performance of 
     such roles and missions;
       (D) whether the current utilization of the reserve 
     components of the Army is compatible with the continuing 
     contribution of the reserve components of the Army to such 
     roles and missions; and
       (E) the recruitment and retention practices required to 
     provide for an Army of the size and structure needed to 
     perform such roles and missions, including practices relating 
     to career paths, quality of life for members and their 
     families, compensation, recruitment and retention incentives, 
     and other benefits.
       (b) Report.--Not later than six months after the date of 
     the enactment of this Act, the Commission shall submit a 
     report to the President and Congress which shall contain a 
     detailed statement of the findings and conclusions of the 
     Commission, together with its recommendations for such 
     legislation and administrative actions as it considers 
     appropriate in light of such findings and conclusions.

     SEC. 1504. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this title.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this title. Upon request of the Chairman of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 1505. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chairman of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (2) Compensation.--The Chairman of the Commission may fix 
     the compensation of the executive director and other 
     personnel without regard to chapter 51 and subchapter III of 
     chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the executive director and 
     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be

[[Page S8852]]

     detailed to the Commission without reimbursement, and such 
     detail shall be without interruption or loss of civil service 
     status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairman of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 1506. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its report under section 
     1503(b).

     SEC. 1507. FUNDING.

       (a) In General.--Of the amounts authorized to be 
     appropriated by section 301(5) for operation and maintenance, 
     Defense-wide activities, $3,000,000 may be available for the 
     activities of the Commission under this title.
       (b) Availability.--Amounts available under subsection (a) 
     shall remain available until expended.
                                 ______
                                 
  SA 1488. Mr. REID 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 309, after line 24, insert the following:

     SEC. 1411. COMMISSION ON STRATEGY FOR SUCCESS IN THE GLOBAL 
                   WAR ON TERRORISM.

       (a) Establishment.--There is established a commission to be 
     known as the Commission on a Strategy for Success in the 
     Global War on Terrorism (in this section referred to as the 
     ``Commission'').
       (b) Study and Report.--
       (1) Study.--The Commission shall conduct a study on the 
     strategy, tactics, and metrics for assessing performance and 
     measuring success used by the United States in the conduct of 
     the Global War on Terrorism and submit a report on the 
     findings of such study, as described in paragraph (2).
       (2) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees a report on the study 
     required by paragraph (1). Such report shall include the 
     following:
       (A) Recommendations for a set of benchmarks by which the 
     United States can assess performance and measure success in 
     the following areas:
       (i) Reducing the capability of major world wide terrorist 
     organizations for carrying out attacks against the United 
     States and its interests.
       (ii) Disrupting senior leadership of major world wide 
     terrorist organizations.
       (iii) Decreasing the ability of major world wide terrorist 
     organizations to recruit new members.
       (iv) Disrupting major world wide terrorist organizations' 
     access to, movement of, and use of financial assets and key 
     non-financial resources.
       (v) Eliminating safe havens and training grounds for major 
     world wide terrorist organizations.
       (vi) Preventing terrorists from gaining access to nuclear 
     materials and other weapons of mass destruction.
       (vii) Enhancing the public image of the United States 
     within the populations from which terrorists have most often 
     originated.
       (B) An assessment of performance and progress by the United 
     States in winning Global War on Terrorism according to the 
     benchmarks set forth by the Commission in accordance with 
     subparagraph (A).
       (C) An assessment of the impact of the individual 
     operations carried out by the United States as part of the 
     Global War on Terrorism, including Operation Iraqi Freedom, 
     on overall progress in the Global War on Terrorism.
       (D) An analysis of the annual country reports on terrorism 
     produced by the Secretary of State in accordance with section 
     140 of the Foreign Relations Authorization Act, Fiscal Years 
     1988 and 1989 (22 U.S.C. 2656f), including an assessment of 
     the following:
       (i) The effectiveness of the process by which the Secretary 
     of State tabulates and categorizes terrorist attacks and 
     events around the world.
       (ii) The accuracy of the data reported in the reports.
       (iii) The adequacy of safeguards against the influence of 
     political considerations or other corrupting factors on the 
     quality of data included in the reports.
       (iv) Any recommendations the Commission may have for 
     expanding, reconfiguring, or otherwise improving the reports.
       (c) Membership.--
       (1) Number and appointment.--The Commission shall be 
     composed of 12 members who are appointed not later than one 
     month after the date of the enactment of this Act, as 
     follows:
       (A) Two co-chairpersons, of which--
       (i) one co-chairperson shall be appointed by a committee 
     consisting of the majority leaders of the Senate and the 
     House of Representatives, and of the chairman of each of the 
     appropriate congressional committees; and
       (ii) one co-chairperson shall be appointed by a committee 
     consisting of the minority leaders of the House and Senate, 
     the ranking minority member of each of the appropriate 
     congressional committees.
       (B) Five members appointed by the chairman and ranking 
     minority members of the Committee on Armed Services, the 
     Committee on Foreign Relations, and the Committee on Homeland 
     Security and Government Affairs of the Senate.
       (C) Five members appointed by the chairmen and ranking 
     minority members of the Committee on Armed Services, the 
     Committee on Homeland Security, and the Committee on 
     International Relations of the House of Representatives.
       (2) Qualifications.--Individuals appointed to the 
     Commission should have proven experience or expertise in the 
     prosecution of the Global War on Terrorism or in the study 
     and analysis of terrorism, terrorists, United States military 
     strategy, intelligence operations, or other relevant subject 
     matter.
       (3) Vacancies.--Any vacancy on the Commission shall not 
     affect its powers and shall be filled in the manner in which 
     the original appointment was made.
       (4) Chairpersons.--The members appointed pursuant to 
     paragraph (1)(A) shall serve as co-chairpersons of the 
     Commission.
       (5) Prohibition on pay.--Members of the Commission shall 
     serve without pay.
       (6) Travel expenses.--Each member of the Commission shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (7) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum but a lesser number may hold 
     hearings.
       (8) Meetings.--The Commission shall meet at the call of the 
     chairpersons. The initial meeting of the Commission shall 
     occur not later than two weeks after the date on which not 
     less than six members are appointed. The Commission may 
     select a temporary chairperson until such time as the co-
     chairpersons have been appointed.
       (9) Director and staff.--
       (A) Director.--The Commission shall have a Director who 
     shall be appointed by the Chairperson. The Director shall be 
     paid at a rate not to exceed the rate of basic pay payable 
     for level V of the Executive Schedule.
       (B) Staff.--The Commission may appoint personnel as 
     appropriate. The staff of the Commission shall be appointed 
     subject to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and shall 
     be paid in accordance with the provisions of chapter 51 and 
     subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates.
       (10) Experts and consultants.--The Commission may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, but at rates for individuals not 
     to exceed the daily equivalent of the maximum annual rate of 
     basic pay payable for the General Schedule.
       (11) Powers.--
       (A) Hearings and sessions.--The Commission may, for the 
     purpose of carrying out this section, hold hearings, sit and 
     act at times and places, take testimony, and receive evidence 
     as the Commission considers appropriate.
       (B) Powers of members and agents.--Any member or agent of 
     the Commission may, if authorized by the Commission, take any 
     action which the Commission is authorized to take by this 
     section.
       (C) Obtaining official data.--The Commission may secure 
     directly from any department or agency of the United States 
     information necessary to enable it to carry out this section. 
     Upon request of the chairpersons of the Commission, the head 
     of such department or agency shall furnish information to the 
     Commission in a timely manner.
       (D) Postal services.--The Commission may use the United 
     States postal services in the same manner and under the same 
     conditions as other departments and agencies of the United 
     States.
       (E) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (F) Administrative support services.--Upon the request of 
     the Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its responsibilities under this section.
       (12) Security clearances for commission members and 
     staff.--The appropriate departments and agencies of the 
     United States shall cooperate with the Commission in 
     expeditiously providing to the Commission members and staff 
     appropriate security clearances in a manner consistent with 
     existing procedures and requirements, except that no person 
     shall be provided with access to classified information under 
     this section who would not otherwise qualify for such 
     security clearance.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Homeland Security and 
     Government Affairs of the Senate and the Committee on Armed 
     Services, the Committee on International Relations, and the 
     Committee on Homeland Security of the House of 
     Representatives.

[[Page S8853]]

       (e) Termination.--The Commission shall terminate 7 days 
     following the submission of the report described in section 
     (b)(2).
                                 ______
                                 
  SA 1489. Ms. COLLINS (for Mr. Thune) 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. POSTPONEMENT OF 2005 ROUND OF DEFENSE BASE CLOSURE 
                   AND REALIGNMENT.

       The Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     is amended--
       (1) by adding at the end the following:

     ``SEC. 2915. POSTPONEMENT OF 2005 ROUND OF DEFENSE BASE 
                   CLOSURE AND REALIGNMENT.

       ``(a) In General.--Notwithstanding any other provision of 
     this part, the round of defense base closure and realignment 
     otherwise scheduled to occur under this part in 2005 by 
     reasons of sections 2912, 2913, and 2914 shall occur instead 
     in the year following the year in which the last of the 
     actions described in subsection (b) occurs (in this section 
     referred to as the `postponed closure round year').
       ``(b) Actions Required Before Base Closure Round.--(1) The 
     actions referred to in subsection (a) are the following 
     actions:
       ``(A) The complete analysis, consideration, and, where 
     appropriate, implementation by the Secretary of Defense of 
     the recommendations of the Commission on Review of Overseas 
     Military Facility Structure of the United States.
       ``(B) The return from deployment in the Iraq theater of 
     operations of substantially all (as determined by the 
     Secretary of Defense) major combat units and assets of the 
     Armed Forces.
       ``(C) The receipt by the Committees on Armed Services of 
     the Senate and the House of Representatives of the report on 
     the quadrennial defense review required to be submitted in 
     2006 by the Secretary of Defense under section 118(d) of 
     title 10, United States Code.
       ``(D) The complete development and implementation by the 
     Secretary of Defense and the Secretary of Homeland Security 
     of the National Maritime Security Strategy.
       ``(E) The complete development and implementation by the 
     Secretary of Defense of the Homeland Defense and Civil 
     Support directive.
       ``(F) The receipt by the Committees on Armed Services of 
     the Senate and the House of Representatives of a report 
     submitted by the Secretary of Defense that assesses military 
     installation needs taking into account--
       ``(i) relevant factors identified through the 
     recommendations of the Commission on Review of Overseas 
     Military Facility Structure of the United States;
       ``(ii) the return of the major combat units and assets 
     described in subparagraph (B);
       ``(iii) relevant factors identified in the report on the 
     2005 quadrennial defense review;
       ``(iv) the National Maritime Security Strategy; and
       ``(v) the Homeland Defense and Civil Support directive.
       ``(2) The report required under subparagraph (F) of 
     paragraph (1) shall be submitted not later than one year 
     after the occurrence of the last action described in 
     subparagraphs (A) through (E) of such paragraph.
       ``(c) Administration.--For purposes of sections 2912, 2913, 
     and 2914, each date in a year that is specified in such 
     sections shall be deemed to be the same date in the postponed 
     closure round year, and each reference to a fiscal year in 
     such sections shall be deemed to be a reference to the fiscal 
     year that is the number of years after the original fiscal 
     year that is equal to the number of years that the postponed 
     closure round year is after 2005.''; and
       (2) in section 2904(b)--
       (A) in the heading, by striking ``Congressional 
     Disapproval'' and inserting ``Congressional Action'';
       (B) in paragraph (1)--
       (i) in subparagraph (A), by striking ``the date on which 
     the President transmits such report'' and inserting ``the 
     date by which the President is required to transmit such 
     report''; and
       (ii) in subparagraph (B), by striking ``such report is 
     transmitted'' and inserting ``such report is required to be 
     transmitted'';
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) The Secretary may not carry out any closure or 
     realignment recommended by the Commission in a report 
     transmitted from the President pursuant to section 2903(e) if 
     a recommendation for such closure or realignment is specified 
     as disapproved by Congress in a joint resolution partially 
     disapproving the recommendations of the Commission that is 
     enacted before the earlier of--
       ``(A) the end of the 45-day period beginning on the date by 
     which the President is required to transmit such report; or
       ``(B) the adjournment of Congress sine die for the session 
     during which such report is required to be transmitted.''; 
     and
       (E) in paragraph (3), as redsignated by subparagraph (C), 
     by striking ``paragraph (1)'' and inserting ``paragraphs (1) 
     and (2)''.
                                 ______
                                 
  SA 1490. Ms. COLLINS (for Mr. Thune) proposed 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 IX, add the following:

     SEC. 912. NATIONAL SPACE RADAR SYSTEM.

       The Secretary of the Air Force shall proceed with the 
     development and implementation of a national space radar 
     system that employs at least two frequencies.
                                 ______
                                 
  SA 1491. Ms. COLLINS (for Mr. Thune (for himself, Mr. Lieberman, Ms. 
Collins, Mr. Lautenberg, Mr. Sununu, Ms. Snowe, Mr. Johnson, Mr. Dodd, 
Mr. Corzine, Mr. Bingaman, and Mr. Domenici)) 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. TESTIMONY BY MEMBERS OF THE ARMED FORCES IN 
                   CONNECTION WITH THE 2005 ROUND OF DEFENSE BASE 
                   CLOSURE AND REALIGNMENT.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of Defense should permit any member of the 
     Armed Forces to provide to the Defense Base Closure and 
     Realignment Commission testimony on the military value of a 
     military installation inside the United States for purposes 
     of the consideration by the Commission of the Secretary's 
     recommendations for the 2005 round of defense base closure 
     and realignment under section 2914(d) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).
       (b) Protection Against Retaliation.--No member of the Armed 
     Forces may be discharged, demoted, suspended, threatened, 
     harassed, or in any other manner discriminated against 
     because such member provided or caused to be provided 
     testimony under subsection (a).
                                 ______
                                 
  SA 1492. Mr. REED (for Mr. Levin (for himself and Mr. Reed)) 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 C of title II, add the following:

     SEC. 330. ADDITIONAL AMOUNT FOR COOPERATIVE THREAT REDUCTION 
                   PROGRAMS.

       (a) Increased Amount for Operation and Maintenance, 
     Cooperative Threat Reduction Programs.--The amount authorized 
     to be appropriated by section 301(19) for the Cooperative 
     Threat Reduction programs is hereby increased by $50,000,000.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, is hereby reduced by 
     $50,000,000, with the amount of the reduction to be allocated 
     as follows:
       (1) The amount available in Program Element 0603882C for 
     long lead procurement of Ground-Based Interceptors is hereby 
     reduced by $30,000,000.
       (2) The amount available for initial construction of 
     associated silos is hereby reduced by $20,000,000.
                                 ______
                                 
  SA 1493. Mr. LEVIN 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 II, add the following:

     SEC. 330. ADDITIONAL AMOUNT FOR COOPERATIVE THREAT REDUCTION 
                   PROGRAMS.

       (a) Increased Amount for Operation and Maintenance, 
     Cooperative Threat Reduction Programs.--The amount authorized 
     to be appropriated by section 301(19) for the Cooperative 
     Threat Reduction programs is hereby increased by $63,000,000.

[[Page S8854]]

       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide--
       (1) the amount available in Program Element 0603882C for 
     long lead procurement of Ground-Based Interceptors 31-40 is 
     hereby reduced by $50,000,000; and
       (2) the amount available for initial construction of 
     associated silos is hereby reduced by $13,000,000.
                                 ______
                                 
  SA 1494. Mr. LEVIN (for himself, Mr. Kennedy, Mr. Rockefeller, and 
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; as follows:

       At the end of division A, add the following:

TITLE XV--NATIONAL COMMISSION ON POLICIES AND PRACTICES ON TREATMENT OF 
                   DETAINEES SINCE SEPTEMBER 11, 2001

     SEC. 1501. FINDINGS.

       Congress makes the following findings:
       (1) The vast majority of the members of the Armed Forces 
     have served honorably and upheld the highest standards of 
     professionalism and morality.
       (2) While there have been numerous reviews, inspections, 
     and investigations by the Department of Defense and others 
     regarding aspects of the treatment of individuals detained in 
     the course of Operation Enduring Freedom, Operation Iraqi 
     Freedom, or United States activities to counter international 
     terrorism since September 11, 2001, none has provided a 
     comprehensive, objective, and independent investigation of 
     United States policies and practices relating to the 
     treatment of such detainees.
       (3) The reports of the various reviews, inspections, and 
     investigations conducted by the Department of Defense and 
     others have left numerous omissions and reached conflicting 
     conclusions regarding institutional and personal 
     responsibility for United States policies and practices on 
     the treatment of the detainees described in paragraph (2) 
     that may have caused or contributed to the mistreatment of 
     such detainees.
       (4) Omissions in the reports produced to date also include 
     omissions relating to--
       (A) the authorities of the intelligence community for 
     activities to counter international terrorism since September 
     11, 2001, including the rendition of detainees to foreign 
     countries, and whether such authorities differed from the 
     authorities of the military for the detention and 
     interrogation of detainees;
       (B) the role of intelligence personnel in the detention and 
     interrogation of detainees;
       (C) the role of special operations forces in the detention 
     and interrogation of detainees; and
       (D) the role of contract employees in the detention and 
     interrogation of detainees.

     SEC. 1502. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on United 
     States Policies and Practices Relating to the Treatment of 
     Detainees Since September 11, 2001 (in this title referred to 
     as the ``Commission'').

     SEC. 1503. COMPOSITION OF THE COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 1 member shall be appointed by the President, who shall 
     serve as chairman of the Commission;
       (2) 1 member shall be appointed by the senior member of the 
     leadership of the Senate of the Democratic Party, in 
     consultation with the senior member of the leadership of the 
     House of Representatives of the Democratic Party, who shall 
     serve as vice chairman of the Commission;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party;
       (4) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (5) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party; and
       (6) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (b) Qualifications; Initial Meeting.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, the Armed Forces, intelligence 
     gathering or analysis, law, public administration, law 
     enforcement, and foreign affairs.
       (4) Deadline for appointment.--All members of the 
     Commission shall be appointed not later than 30 days after 
     the date of the enactment of this Act.
       (c) Meetings; Quorum; Vacancies.--
       (1) Initial meeting.--The Commission shall meet and begin 
     the operations as soon as practicable after all members have 
     been appointed under subsection (b).
       (2) Meetings.--After its initial meeting under paragraph 
     (1), the Commission shall meet upon the call of the chairman 
     or a majority of its members.
       (3) Quorum.--Six members of the Commission shall constitute 
     a quorum.
       (4) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 1504. PURPOSES.

       (a) In General.--The purposes of the Commission are to--
       (1) examine and report upon the policies and practices of 
     the United States relating to the treatment of individuals 
     detained in Operation Enduring Freedom (OEF), Operation Iraqi 
     Freedom (OIF), or United States activities to counter 
     international terrorism since September 11, 2001 (in this 
     title referred to as ``detainees'') , including the rendition 
     of detainees to foreign countries;
       (2) examine, evaluate, and report on the causes of and 
     factors that may have contributed to the alleged mistreatment 
     of detainees, including, but not limited to--
       (A) laws and policies of the United States relating to the 
     detention or interrogation of detainees, including the 
     rendition of detainees to foreign countries;
       (B) activities of special operations forces of the Armed 
     Forces;
       (C) activities of contract employees of any department, 
     agency, or other entity of the United States Government, 
     including for the rendition of detainees to foreign 
     countries; and
       (D) activities of employees of the Central Intelligence 
     Agency, the Defense Intelligence Agency, or any other element 
     of the intelligence community;
       (3) assess the responsibility of leaders, whether military 
     or civilian, within and outside the Department of Defense for 
     policies and actions, or failures to act, that may have 
     contributed, directly or indirectly, to the mistreatment of 
     detainees;
       (4) ascertain, evaluate, and report on the effectiveness 
     and propriety of interrogation techniques, policies, and 
     practices for producing useful and reliable intelligence;
       (5) ascertain, evaluate, and report on all planning for 
     long-term detention, or procedures for prosecution by 
     civilian courts or military tribunals or commission, of 
     detainees in the custody of any department, agency, or other 
     entity of the United States Government or who have been 
     rendered to any foreign government or entity; and
       (6) investigate and submit a report to the President and 
     Congress on the Commission's findings, conclusions, and 
     recommendations, including any modifications to existing 
     treaties, laws, policies, or regulations, as appropriate.
       (b) Utilization of Other Materials.--The Commission may 
     build upon reports conducted by the Department of Defense or 
     other entities by reviewing the source materials, findings, 
     conclusions, and recommendations of those other reviews in 
     order to--
       (1) avoid unnecessary duplication; and
       (2) identify any omissions in or conflicts between such 
     reports which in the Commission's view merit further 
     investigation.

     SEC. 1505. FUNCTIONS OF COMMISSION.

       The functions of the Commission are to--
       (1) conduct an investigation that ascertains relevant facts 
     and circumstances relating to--
       (A) laws, policies, and practices of the United States 
     relating to the treatment of detainees since September 11, 
     2001, including any relevant treaties, statutes, Executive 
     orders, regulations, plans, policies, practices, or 
     procedures;
       (B) activities of any department, agency, or other entity 
     of the United States Government relating to Operation 
     Enduring Freedom, Operation Iraqi Freedom, and efforts to 
     counter international terrorism since September 11, 2001;
       (C) the role of private contract employees in the treatment 
     of detainees;
       (D) the role of legal and medical personnel in the 
     treatment of detainees, including the role of medical 
     personnel in advising on plans for, and the conduct of, 
     interrogations;
       (E) dealings of any department, agency, or other entity of 
     the United States Government with the International Committee 
     of the Red Cross;
       (F) the role of congressional oversight; and
       (G) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry;
       (2) identify and review how policies regarding the 
     detention, interrogation, and rendition of detainees were 
     formulated and implemented, and evaluate such policies in 
     light of lessons learned from activities in Iraq, 
     Afghanistan, Guantanamo Bay, Cuba, and elsewhere; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing any appropriate modifications 
     in legislation, organization, coordination, planning, 
     management, procedures, rules, and regulations.

     SEC. 1506. POWERS OF COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this title--

[[Page S8855]]

       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents,
     as the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the agreement of the chairman and the vice chairman; 
     or
       (II) by the affirmative vote of 6 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), subpoenas issued 
     under this subsection may be issued under the signature of 
     the chairman or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairman or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subparagraph (A), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information and Materials From Federal Agencies.--
       (1) In general.--
       (A) Cooperation of agencies.--The Commission shall receive 
     the full and timely cooperation of any department, agency, 
     element, bureau, board, commission, independent 
     establishment, or other instrumentality of the United States 
     Government, and of any officer or employee thereof, whose 
     assistance is necessary for the fulfillment of the duties of 
     the Commission under this title.
       (B) Furnishing of materials.--The Commission is authorized 
     to secure directly from any department, agency, element, 
     bureau, board, commission, independent establishment, or 
     other instrumentality of the United States Government 
     information, materials (including classified materials), 
     suggestions, estimates, and statistics for the purposes of 
     this title. Each such department, agency, element, bureau, 
     board, commission, independent establishment, or other 
     instrumentality shall, to the maximum extent authorized by 
     law, furnish all such information, materials, suggestions, 
     estimates, and statistics directly to the Commission, 
     promptly upon a request made by the chairman, the chairman of 
     any subcommittee created by a majority of the Commission, or 
     any member designated by a majority of the Commission, but in 
     no case later than 14 days after such a request.
       (2) Receipt, handling, storage, and dissemination.--
     Information and materials shall be received, handled, stored, 
     and disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders. The Commission shall maintain all 
     classified information and materials provided to the 
     Commission under this title in a secure location in the 
     offices of the Commission or as designated by the Commission.
       (3) Access to information and materials.--No department, 
     agency, element, bureau, board, commission, independent 
     establishment, or other instrumentality of the United States 
     may withhold information or materials, including classified 
     materials, from the Commission on the grounds that providing 
     the information or materials would constitute the 
     unauthorized disclosure of classified information, pre-
     decisional materials, or information relating to intelligence 
     sources or methods.
       (d) Assistance From Particular Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments, 
     agencies, and other elements of the United States Government 
     may provide to the Commission such services, funds, 
     facilities, staff, and other support services as they may 
     determine advisable and as may be authorized by law.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States Government.

     SEC. 1507. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission shall be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. 1508. STAFF OF COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairman, in 
     consultation with the vice chairman and in accordance with 
     rules agreed upon by the Commission, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (2) Personnel as federal employees.--
       (A) Treatment.--The staff director and any personnel of the 
     Commission who are employees of the Commission shall be 
     treated as employees of the Federal Government under section 
     2105 of title 5, United States Code, for purposes of chapters 
     63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Exception.--Subparagraph (A) shall not apply to members 
     of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. 1509. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The departments, agencies, and elements of the United 
     States Government shall cooperate with the Commission in 
     expeditiously providing to the Commission members and staff 
     appropriate security clearances to the extent possible 
     pursuant to existing procedures and requirements. No person 
     shall be provided with access to classified information under 
     this title without the appropriate security clearances.

     SEC. 1510. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     section 1511.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.

     SEC. 1511. REPORTS OF COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions and recommendations as have been agreed 
     to by a majority of Commission members.
       (b) Final Report.--Not later than 12 months after the date 
     of the enactment of this Act, the Commission shall submit to 
     the President and Congress a final report containing such 
     findings, conclusions, and recommendations as have been 
     agreed to by a majority of Commission members.
       (c) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 60 days after the date on which 
     the final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports, disseminating the final report.

     SEC. 1512. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page S8856]]

     the Commission to carry out this section $2,500,000.
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 1495. Mr. LEVIN 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. TREATMENT OF INDIAN TRIBE GOVERNMENTS AS PUBLIC 
                   ENTITIES FOR PURPOSES OF DISPOSAL OF REAL 
                   PROPERTY RECOMMENDED FOR CLOSURE IN JULY 2003 
                   BRAC COMMISSION REPORT.

       Section 8013 of the Department of Defense Appropriations 
     Act, 1994 (Public Law 103-139; 107 Stat. 1440) is amended by 
     striking ``the report to the President from the Defense Base 
     Closure and Realignment Commission, July 1991'' and inserting 
     ``the reports to the President from the Defense Base Closure 
     and Realignment Commission, July 1991 and July 1993''.
                                 ______
                                 
  SA 1496. Mr. LEVIN 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; as follows:

       At the end of title XII, add the following:

     SEC. 1205. LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   NORMALIZATION OF RELATIONS WITH GOVERNMENT OF 
                   LIBYA.

       None of the funds authorized to be appropriated by this Act 
     or any other Act may be obligated or expended for purposes of 
     negotiations towards normalizing relations with the 
     Government of Libya until the Attorney General, in 
     consultation with the Secretary of State and the Secretary of 
     Defense, certifies to Congress that the Government of Libya 
     has made a good faith offer in the negotiations on the claims 
     of members of the Armed Forces of the United States who were 
     injured in the bombing of the LaBelle Discotheque in Berlin, 
     Germany, and the claims of family members of members of the 
     Armed Forces of the United States who were killed in that 
     bombing.
                                 ______
                                 
  SA 1497. Mr. LEVIN 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; as follows:

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

     SEC. 807. LIMITATION ON EXCESS CHARGES UNDER TIME-AND-
                   MATERIALS AND LABOR-HOUR CONTRACTS.

       (a) Regulations Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall prescribe regulations governing the the terms and 
     conditions of time-and-materials contracts and labor-hour 
     contracts entered into for or on behalf of the Department of 
     Defense.
       (b) Limitation on Excess Charges.--
       (1) In general.--The regulations prescribed pursuant to 
     subsection (a) shall authorize the use of a time-and-
     materials contract or a labor-hour contract for or on behalf 
     of the Department of Defense only if the contract provides 
     for acquiring supplies or services on the basis of--
       (A) direct labor hours provided by the prime contractor at 
     specified fixed hourly rates that include wages, overhead, 
     general and administrative expenses, and profit; and
       (B) the reimbursement of the prime contractor for the 
     reasonable costs (including overhead, general and 
     administrative expenses, and profit, to the extent permitted 
     under the regulations) of subcontracts for supplies and 
     subcontracts for services, except as provided in paragraph 
     (2).
       (2) Subcontractor labor hours.--Direct labor hours provided 
     by a subcontractor may be provided on the basis of specified 
     fixed hourly rates that include wages, overhead, general and 
     administrative expenses, and profit only if such hourly rates 
     are set forth in the contract for that specific 
     subcontractor.
       (c) Department of Defense Purchases Through Contracts 
     Entered by Non-defense Agencies.--The regulations prescribed 
     pursuant to subsection (a) shall include appropriate measures 
     to ensure compliance with the requirements of this section in 
     all Department of Defense purchases through non-defense 
     agencies.
       (d) Effective Date.--The regulations prescribed pursuant to 
     subsection (a) shall take effect on the date that is 90 days 
     after the date of the enactment of this Act, and shall apply 
     to--
       (1) all contracts awarded for or on behalf of the 
     Department of Defense on or after such date; and
       (2) all task or delivery orders issued for or on behalf of 
     the Department of Defense on or after such date, regardless 
     whether the contracts under which such task or delivery 
     orders are issued were awarded before, on, or after such 
     date.
                                 ______
                                 
  SA 1498. Mr. LEAHY 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:

       Sec. __. Not later than 90 days after the date of enactment 
     of this Act, the Secretary of Defense shall submit a report 
     to the appropriate Congressional committees with the 
     following information--
       (a) Whether records of civilian casualties in Afghanistan 
     and Iraq are kept by the Department, and if so, how and from 
     what sources this information is collected, where it is kept, 
     and who is responsible for maintaining such records.
       (b) Whether such records indicate (1) who caused the 
     casualties (whether hostile government forces, insurgent 
     forces, United States Armed Forces, ,or other); (2) a 
     description of the circumstances under which the casualties 
     occurred; (3) if the casualties were fatalities or injuries; 
     (4) if any condolence payment, compensation or assistance was 
     provided to the victim or to the victim's family; (5) an 
     estimate of the total number of such casualties, and (6) any 
     other information relating to the casualties.
                                 ______
                                 
  SA 1499. Mr. KERRY 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 219, strike lines 20 through 25 and insert the 
     following:
       (3) Report.--
       (A) In general.--The Secretary of Defense shall submit to 
     the Committee on Armed Services and the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Armed Services and the Committee on Small Business of the 
     House of Representatives on an annual basis a report setting 
     forth the research programs identified under paragraph (1) 
     during the preceding year.
       (B) Contents.--Each report under subparagraph (A) shall 
     include, for the year covered by such report, a description 
     of--
       (i) the incentives and actions taken by prime contractors 
     and program managers to increase Phase III awards under the 
     Small Business Innovation Research Program; and
       (ii) the requirements intended to be met by each program 
     identified in the report.
       (4) Pilot program.--
       (A) In general.--The Secretary of each military department 
     is authorized to use not more than an amount equal to 1 
     percent of the funds available to the military department for 
     the Small Business Innovation Research Program and the Small 
     Business Technology Transfer Program for a pilot program to 
     transition programs that have successfully completed Phase II 
     of the Small Business Innovation Research Program to Phase 
     III of the Program.
       (B) Term.--A pilot program under subparagraph (A) shall 
     terminate not later than 3 years after the date on which the 
     pilot program is initiated.
                                 ______
                                 
  SA 1500. Mr. KERRY 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 237, after line 17, insert the following:

     SEC. 846. RADIO FREQUENCY IDENTIFIER TECHNOLOGY.

       (a) Small Business Strategy.--As part of implementing its 
     requirement that contractors use radio frequency identifier 
     technology, the Secretary of Defense shall develop and 
     implement--
       (1) best practice standards regarding the use of that 
     technology to ensure that the Department of Defense meets its 
     contracting

[[Page S8857]]

     goals for the utilization of small business concerns (as 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632)), in Department of Defense contracts; and
       (2) a strategy to educate the small business community 
     regarding radio frequency identifier technology requirements, 
     compliance, standards, and opportunities.
       (b) Reporting.--
       (1) Initial report.--Not later than 60 days after the date 
     of enactment of this Act, the Secretary of Defense shall 
     submit a report to the Committee on Small Business and 
     Entrepreneurship and the Committee on Armed Services of the 
     Senate and the Committee on Small Business and the Committee 
     on Armed Services of the House of Representatives detailing 
     the status of the efforts by the Secretary of Defense to 
     establish requirements for radio frequency identifier 
     technology used in Department of Defense contracting, 
     including--
       (A) standardization of the data required to be reported by 
     such technology; and
       (B) standardization of the manufacturing quality required 
     for such technology.
       (2) Annual report.--Not later than 1 year after the date of 
     submission of the report under paragraph (1), and annually 
     thereafter, the Secretary of Defense shall submit a report to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives detailing--
       (A) the information described in paragraph (1);
       (B) the status of the efforts of the Secretary of Defense 
     to develop and implement the best practice standards required 
     by subsection (a)(1); and
       (C) the status of the efforts of the Secretary of Defense 
     to develop and implement a strategy to educate the small 
     business community, as required by subsection (a)(2).
                                 ______
                                 
  SA 1501. Mr. KERRY 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:

     SEC. __. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF 
                   ACTIVATED MILITARY RESERVIST AND REPLACEMENT 
                   PERSONNEL.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.) is amended by adding at the end the 
     following new section:

     ``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY 
                   RESERVISTS.

       ``(a) General Rule.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the sum of--
       ``(1) in the case of an eligible small business employer, 
     the employment credit with respect to all qualified employees 
     and qualified replacement employees of the taxpayer, plus
       ``(2) the self-employment credit of a qualified self-
     employed taxpayer.
       ``(b) Employment Credit.--For purposes of this section--
       ``(1) Qualified employees.--
       ``(A) In general.--The employment credit with respect to a 
     qualified employee of the taxpayer for any taxable year is 
     equal to 40 percent of so much of the excess (if any) paid by 
     the taxpayer to such qualified employee of--
       ``(i) the qualified employee's average daily qualified 
     compensation for the taxable year, over
       ``(ii) the average daily military pay and allowances 
     received by the qualified employee during the taxable year 
     while participating in qualified reserve component duty to 
     the exclusion of the qualified employee's normal employment 
     duties,
     for the aggregate number of days the qualified employee 
     participates in qualified reserve component duty during the 
     taxable year (including time spent in a travel status) as 
     does not exceed $25,000. The employment credit, with respect 
     to all qualified employees, is equal to the sum of the 
     employment credits for each qualified employee under this 
     subsection.
       ``(B) Average daily qualified compensation and average 
     daily military pay and allowances.--As used with respect to a 
     qualified employee--
       ``(i) the term `average daily qualified compensation' means 
     the qualified compensation of the qualified employee for the 
     taxable year divided by 365, and
       ``(ii) the term `average daily military pay and allowances' 
     means--

       ``(I) the amount paid to the qualified employee during the 
     taxable year as military pay and allowances on account of the 
     qualified employee's participation in qualified reserve 
     component duty, divided by
       ``(II) the total number of days the qualified employee 
     participates in qualified reserve component duty, including 
     time spent in travel status.

       ``(C) Qualified compensation.--When used with respect to 
     the compensation paid to a qualified employee for any period 
     during which the qualified employee participates in qualified 
     reserve component duty, the term `qualified compensation' 
     means--
       ``(i) compensation which is normally contingent on the 
     qualified employee's presence for work and which would be 
     deductible from the taxpayer's gross income under section 
     162(a)(1) if the qualified employee were present and 
     receiving such compensation,
       ``(ii) compensation which is not characterized by the 
     taxpayer as vacation or holiday pay, or as sick leave or pay, 
     or as any other form of pay for a nonspecific leave of 
     absence, and with respect to which the number of days the 
     qualified employee participates in qualified reserve 
     component duty does not result in any reduction in the amount 
     of vacation time, sick leave, or other nonspecific leave 
     previously credited to or earned by the qualified employee, 
     and
       ``(iii) group health plan costs (if any) with respect to 
     the qualified employee.
       ``(D) Qualified employee.--The term `qualified employee' 
     means a person who--
       ``(i) has been an employee of the taxpayer for the 91-day 
     period immediately preceding the period during which the 
     employee participates in qualified reserve component duty, 
     and
       ``(ii) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States as defined 
     in sections 10142 and 10101 of title 10, United States Code.
       ``(2) Qualified replacement employees.--
       ``(A) In general.--The employment credit with respect to a 
     qualified replacement employee of the taxpayer for any 
     taxable year is equal to 40 percent of so much of the 
     individual's qualified compensation attributable to service 
     rendered as a qualified replacement employee as does not 
     exceed $15,000. The employment credit, with respect to all 
     qualified replacement employees, is equal to the sum of the 
     employment credits for each qualified replacement employee 
     under this subsection.
       ``(B) Qualified compensation.--When used with respect to 
     the compensation paid to a qualified replacement employee, 
     the term `qualified compensation' means--
       ``(i) compensation which is normally contingent on the 
     qualified replacement employee's presence for work and which 
     is deductible from the taxpayer's gross income under section 
     162(a)(1),
       ``(ii) compensation which is not characterized by the 
     taxpayer as vacation or holiday pay, or as sick leave or pay, 
     or as any other form of pay for a nonspecific leave of 
     absence, and
       ``(iii) group health plan costs (if any) with respect to 
     the qualified replacement employee.
       ``(C) Qualified replacement employee.--The term `qualified 
     replacement employee' means an individual who is hired to 
     replace a qualified employee or a qualified self-employed 
     taxpayer, but only with respect to the period during which 
     such employee or taxpayer participates in qualified reserve 
     component duty, including time spent in travel status, and, 
     in the case of a qualified employee, is receiving qualified 
     compensation (as defined in paragraph (1)(C)) for which an 
     employment credit is allowed as determined under paragraph 
     (1).
       ``(c) Self-Employment Credit.--For purposes of this 
     section--
       ``(1) In general.--The self-employment credit of a 
     qualified self-employed taxpayer for any taxable year is 
     equal to 40 percent of so much of the excess (if any) of--
       ``(A) the qualified self-employed taxpayer's average daily 
     qualified compensation for the taxable year, over
       ``(B) the average daily military pay and allowances 
     received by the taxpayer during the taxable year while 
     participating in qualified reserve component duty to the 
     exclusion of the taxpayer's normal self-employment duties,
     for the aggregate number of days the taxpayer participates in 
     qualified reserve component duty during the taxable year 
     (including time spent in a travel status) as does not exceed 
     $25,000.
       ``(2) Average daily qualified compensation and average 
     daily military pay and allowances.--As used with respect to a 
     qualified self-employed taxpayer--
       ``(A) the term `average daily qualified compensation' means 
     the qualified compensation of the qualified self-employed 
     taxpayer for the taxable year divided by 365 days, and
       ``(B) the term `average daily military pay and allowances' 
     means--
       ``(i) the amount paid to the taxpayer during the taxable 
     year as military pay and allowances on account of the 
     taxpayer's participation in qualified reserve component duty, 
     divided by
       ``(ii) the total number of days the taxpayer participates 
     in qualified reserve component duty, including time spent in 
     travel status.
       ``(3) Qualified compensation.--When used with respect to 
     the compensation paid to a qualified self-employed taxpayer 
     for any period during which the qualified self-employed 
     taxpayer participates in qualified reserve component duty, 
     the term `qualified compensation' means--
       ``(A) the self-employment income (as defined in section 
     1402(b) of the taxpayer which is normally contingent on the 
     taxpayer's presence for work,
       ``(B) compensation which is not characterized by the 
     taxpayer as vacation or holiday pay, or as sick leave or pay, 
     or as any other form of pay for a nonspecific leave of 
     absence, and
       ``(C) the amount paid for insurance which constitutes 
     medical care for the taxpayer for

[[Page S8858]]

     such year (within the meaning of section 162(l)).
       ``(4) Qualified self-employed taxpayer.--The term 
     `qualified self-employed taxpayer' means a taxpayer who--
       ``(A) has net earnings from self-employment (as defined in 
     section 1402(a)) for the taxable year, and
       ``(B) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States.
       ``(d) Coordination With Other Credits.--The amount of 
     credit otherwise allowable under sections 51(a) and 1396(a) 
     with respect to any employee shall be reduced by the credit 
     allowed by this section with respect to such employee.
       ``(e) Limitations.--
       ``(1) Application with other credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(A) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(2) Disallowance for failure to comply with employment or 
     reemployment rights of members of the reserve components of 
     the armed forces of the united states.--No credit shall be 
     allowed under subsection (a) to a taxpayer for--
       ``(A) any taxable year, beginning after the date of the 
     enactment of this section, in which the taxpayer is under a 
     final order, judgment, or other process issued or required by 
     a district court of the United States under section 4323 of 
     title 38 of the United States Code with respect to a 
     violation of chapter 43 of such title, and
       ``(B) the 2 succeeding taxable years.
       ``(3) Disallowance with respect to persons ordered to 
     active duty for training.--No credit shall be allowed under 
     subsection (a) to a taxpayer with respect to any period by 
     taking into account any person who is called or ordered to 
     active duty for any of the following types of duty:
       ``(A) Active duty for training under any provision of title 
     10, United States Code.
       ``(B) Training at encampments, maneuvers, outdoor target 
     practice, or other exercises under chapter 5 of title 32, 
     United States Code.
       ``(C) Full-time National Guard duty, as defined in section 
     101(d)(5) of title 10, United States Code.
       ``(f) General Definitions and Special Rules.--For purposes 
     of this section--
       ``(1) Eligible small business employer.--
       ``(A) In general.--The term `eligible small business 
     employer' means, with respect to any taxable year, any 
     employer which--
       ``(i) employed an average of 100 or fewer employees on 
     business days during such taxable year, and
       ``(ii) under a written plan of the employer, provides the 
     excess amount described in subsection (b)(1)(A) to every 
     qualified employee of the employer.
       ``(B) Controlled groups.--For purposes of subparagraph (A), 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer.
       ``(2) Military pay and allowances.--The term `military pay' 
     means pay as that term is defined in section 101(21) of title 
     37, United States Code, and the term `allowances' means the 
     allowances payable to a member of the Armed Forces of the 
     United States under chapter 7 of that title.
       ``(3) Qualified reserve component duty.--The term 
     `qualified reserve component duty' includes only active duty 
     performed, as designated in the reservist's military orders, 
     in support of a contingency operation as defined in section 
     101(a)(13) of title 10, United States Code.
       ``(4) Carryback and carryforward allowed.--
       ``(A) In general.--If the credit allowable under subsection 
     (a) for a taxable year exceeds the amount of the limitation 
     under subsection (f)(1) for such taxable year (in this 
     paragraph referred to as the `unused credit year'), such 
     excess shall be a credit carryback to the taxable year 
     preceding the unused credit year and a credit carryforward to 
     each of the 20 taxable years following the unused credit 
     year.
       ``(B) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryback and credit 
     carryforward under subparagraph (A).
       ``(5) Certain rules to apply.--Rules similar to the rules 
     of subsections (c), (d), and (e) of section 52 shall 
     apply.''.
       (b) No Deduction for Compensation Taken Into Account for 
     Credit.--Section 280C(a) of the Internal Revenue Code of 1986 
     (relating to rule for employment credits) is amended--
       (1) by inserting ``or compensation'' after ``salaries'', 
     and
       (2) by inserting ``30B,'' before ``45A(a),''.
       (c) Conforming Amendment.--Section 55(c)(2) of the Internal 
     Revenue Code of 1986 is amended by inserting ``30B(e)(1),'' 
     after ``30(b)(3),''.
       (d) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end of 30A 
     the following new item:

``Sec. 30B. Employer wage credit for activated military reservists.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to amounts paid in taxable years beginning after 
     December 31, 2004.
                                 ______
                                 
  SA 1502. Mr. KERRY 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 A of title VI, add the following:

     SEC. 605. PERMANENT EXTENSION OF PERIOD OF TEMPORARY 
                   CONTINUATION OF BASIC ALLOWANCE FOR HOUSING FOR 
                   DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO 
                   DIE ON ACTIVE DUTY.

       Effective immediately after the termination, pursuant to 
     subsection (b) of section 1022 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13; 119 State. 251), of 
     the amendments made by subsection (a) of such section, 
     section 403(1) of title 37, United States Code, is amended by 
     striking ``180 days'' each place it appears and inserting 
     ``365 days''.
                                 ______
                                 
  SA 1503. Mr. KERRY 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:

     SEC. __. REPORT ON EDUCATIONAL BENEFITS FOR VETERANS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall submit a report 
     containing the information described in subsection (b) to--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Armed Services of the House of 
     Representatives;
       (3) the Committee on Veterans' Affairs of the Senate; and
       (4) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an analysis by the Department of Defense of the effect 
     on recruitment of educational benefits under the Montgomery 
     GI Bill, including--
       (A) the percentage of personnel who sign up for such 
     educational benefits; and
       (B) the importance of such educational benefits in the 
     decision of an individual to enlist;
       (2) an analysis by the Department of Veterans Affairs of 
     the effect on readjustment of educational benefits under the 
     Montgomery GI Bill, including--
       (A) the percentage who use partial benefits;
       (B) the percentage who use full benefits; and
       (C) the reasons that veterans choose not to use benefits;
       (3) suggestions of ways to improve educational benefits in 
     order to improve recruiting, retention and readjustment;
       (4) cost estimates for the improvements suggested under 
     paragraph (3);
       (5) projected 5-year and 10-year costs of educational 
     benefits under chapters 1606 and 1607 of title 10, United 
     States Code, and section 3015 of title 38, United States 
     Code; and
       (6) projected 5-year and 10-year costs under chapters 1606 
     and 1607 of title 10, United States Code, and section 3015 of 
     title 38, United States Code, if the baseline 3-year active 
     duty rate is increased to cover the average price of--
       (A) a public 4-year secondary education (commuter tuition 
     and fees, room and board, books and supplies, transportation 
     and other expenses);
       (B) a public 4-year secondary education (non-commuter 
     tuition and fees, room and board, books and supplies, 
     transportation and other expenses);
       (C) a public 4-year secondary education (commuter tuition 
     and fees, room and board); and
       (D) a public 4-year secondary education (non-commuter 
     tuition and fees, room and board).
       (c) Calculation.--In calculating costs under paragraphs (5) 
     and (6) of subsection (b)--
       (1) future costs shall be adjusted for inflation using the 
     ``college tuition and fees'' component of the Consumer Price 
     Index; and
       (2) the ratio between the cost of benefits under chapters 
     1606 and 1607 of title 10, United States Code, and the cost 
     of benefits under section 3015 of title 38, United States 
     Code, shall be the same as the ratio between such costs as of 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1504. Mr. KERRY submitted an amendment intended to be proposed by

[[Page S8859]]

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. PROJECT SHERIFF.

       (a) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation for Defense-wide activities, the amount 
     available for the Force Transformation Directorate is hereby 
     increased by $10,000,000, with the amount of the increase to 
     be available for Project Sheriff.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation for Defense-wide activities the amount available 
     for the Transformation Initiatives Program is hereby reduced 
     by $10,000,000.
                                 ______
                                 
  SA 1505. Mr. GRAHAM (for himself, Mr. Warner, and Mr. McCain) 
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; as follows:

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

     SEC. 1073. AUTHORITY TO UTILIZE COMBATANT STATUS REVIEW 
                   TRIBUNALS AND ANNUAL REVIEW BOARD TO DETERMINE 
                   STATUS OF DETAINEES AT GUANTANAMO BAY, CUBA.

       (a) Authority.--The President is authorized to utilize the 
     Combatant Status Review Tribunals and a noticed Annual Review 
     Board, and the procedures thereof as specified in subsection 
     (b), currently in operation at Guantanamo Bay, Cuba, in order 
     to determine the status of the detainees held at Guantanamo 
     Bay, including whether any such detainee is a lawful enemy 
     combatant or an unlawful enemy combatant.
       (b) Procedures.--
       (1) In general.--Except as provided in paragraph (2), the 
     procedures specified in this subsection are as follows:
       (A) For the Combatant Status Review Tribunals, the 
     memorandum of the Secretary of the Navy of July 29, 2004, 
     regarding the implementation of Combatant Status Review 
     Tribunal procedures for Enemy Combatants detained at 
     Guantanamo Bay Naval Base, Cuba.
       (B) For the Annual Review Board, the Department of Defense 
     Designated Civilian Official Memorandum dated September 14, 
     2004, regarding the Implementation of Administrative Review 
     Procedures for Enemy Combatants Detained at U.S. Naval Base 
     Guantanamo Bay, Cuba.
       (2) Exception.--The exceptions provided in this paragraph 
     for the procedures specified in paragraph (1) are as follows:
       (A) To the extent practicable, the Combatant Status Review 
     Tribunal shall determine, by a preponderance of the evidence, 
     whether statements derived from persons held in foreign 
     custody were obtained without under coercion.
       (B) A detainee shall be provided a military judge advocate 
     for purposes of the Annual Review Board.
       (C) The Designated Civilian Official shall be an officer of 
     the United States Government whose appointment to office was 
     made by the President, by and with the advise and consent of 
     the Senate.
       (3) Modification of procedures.--The President may modify 
     the procedures and requirements set forth under paragraphs 
     (1) and (2). Any modification of such procedures or 
     requirements may not go into effect until 30 days after the 
     date on which the President notifies the congressional 
     defense committees of the modification.
       (c) Definitions.--In this section:
       (1) The term ``lawful enemy combatant'' means person 
     engaging in war or other armed conflict against the United 
     States or its allies on behalf of a state party to the Geneva 
     Convention Relative to the Treatment of Prisoners of War, 
     dated August 12, 1949, who meets the criteria of a prisoner 
     of war under Article 4 of that Convention.
       (2) The term ``unlawful enemy combatant'', with respect to 
     noncitizens of the United States, means a person (other than 
     a person described in paragraph (1)) engaging in war, other 
     armed conflict, or hostile acts against the United States or 
     its allies, or knowingly supporting others so engaged, 
     regardless of location.
                                 ______
                                 
  SA 1506. Mr. ALLARD (for himself and Mr. Salazar) 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; as follows:

       On page 378, between lines 10 and 11, insert the following:

     SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

       (a) Definitions.--In this section:
       (1) Essential mineral right.--The term ``essential mineral 
     right'' means a right to mine sand and gravel at Rocky Flats, 
     as depicted on the map.
       (2) Fair market value.--The term ``fair market value'' 
     means the value of an essential mineral right, as determined 
     by an appraisal performed by an independent, certified 
     mineral appraiser under the Uniform Standards of Professional 
     Appraisal Practice.
       (3) Map.--The term ``map'' means the map entitled ``Rocky 
     Flats National Wildlife Refuge'', dated July 25, 2005, and 
     available for inspection in appropriate offices of the United 
     States Fish and Wildlife Service and the Department of 
     Energy.
       (4) Natural resource damage liability claim.--The term 
     ``natural resource damage liability claim'' means a natural 
     resource damage liability claim under subsections (a)(4)(C) 
     and (f) of section 107 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607) arising from hazardous substances releases at or from 
     Rocky Flats that, as of the date of enactment of this Act, 
     are identified in the administrative record for Rocky Flats 
     required by the National Oil and Hazardous Substances 
     Pollution Contingency Plan prepared under section 105 of that 
     Act (42 U.S.C. 9605).
       (5) Rocky flats.--The term ``Rocky Flats'' means the 
     Department of Energy facility in the State of Colorado known 
     as the ``Rocky Flats Environmental Technology Site''.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (7) Trustees.--The term ``Trustees'' means the Federal and 
     State officials designated as trustees under section 
     107(f)(2) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607(f)(2)).
       (b) Purchase of Essential Mineral Rights.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, such amounts authorized to be 
     appropriated under subsection (c) shall be available to the 
     Secretary to purchase essential mineral rights at Rocky 
     Flats.
       (2) Conditions.--The Secretary shall not purchase an 
     essential mineral right under paragraph (1) unless--
       (A) the owner of the essential mineral right is a willing 
     seller; and
       (B) the Secretary purchases the essential mineral right for 
     an amount that does not exceed fair market value.
       (3) Limitation.--Only those funds authorized to be 
     appropriated under subsection (c) shall be available for the 
     Secretary to purchase essential mineral rights under 
     paragraph (1).
       (4) Release from liability.--Notwithstanding any other law, 
     any natural resource damage liability claim shall be 
     considered to be satisfied by--
       (A) the purchase by the Secretary of essential mineral 
     rights under paragraph (1) for consideration in an amount 
     equal to $10,000,000;
       (B) the payment by the Secretary to the Trustees of 
     $10,000,000; or
       (C) the purchase by the Secretary of any portion of the 
     mineral rights under paragraph (1) for--
       (i) consideration in an amount less than $10,000,000; and
       (ii) a payment by the Secretary to the Trustees of an 
     amount equal to the difference between--

       (I) $10,000,000; and
       (II) the amount paid under clause (i).

       (5) Use of funds.--
       (A) In general.--Any amounts received under paragraph (4) 
     shall be used by the Trustees for the purposes described in 
     section 107(f)(1) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607(f)(1)), including--
       (i) the purchase of additional mineral rights at Rocky 
     Flats; and
       (ii) the development of habitat restoration projects at 
     Rocky Flats.
       (B) Condition.--Any expenditure of funds under this 
     paragraph shall be made jointly by the Trustees.
       (C) Additional funds.--The Trustees may use the funds 
     received under paragraph (4) in conjunction with other 
     private and public funds.
       (6) Exemption from national environmental policy act.--Any 
     purchases of mineral rights under this subsection shall be 
     exempt from the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (7) Rocky flats national wildlife refuge.--
       (A) Transfer of management responsibilities.--The Rocky 
     Flats National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd 
     note; Public Law 107-107) is amended--
       (i) in section 3175--

       (I) by striking subsections (b) and (f); and
       (II) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively; and

       (ii) in section 3176(a)(1), by striking ``section 3175(d)'' 
     and inserting ``section 3175(c)''.
       (B) Boundaries.--Section 3177 of the Rocky Flats National 
     Wildlife Refuge Act of

[[Page S8860]]

     2001 (16 U.S.C. 668dd note; Public Law 107-107) is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Composition.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     refuge shall consist of land within the boundaries of Rocky 
     Flats, as depicted on the map--
       ``(A) entitled `Rocky Flats National Wildlife Refuge';
       ``(B) dated July 25, 2005; and
       ``(C) available for inspection in the appropriate offices 
     of the United States Fish and Wildlife Service and the 
     Department of Energy.
       ``(2) Exclusions.--The refuge does not include--
       ``(A) any land retained by the Department of Energy for 
     response actions under section 3175(c);
       ``(B) any land depicted on the map described in paragraph 
     (1) that is subject to 1 or more essential mineral rights 
     described in section 3114(a) of the National Defense 
     Authorization Act for Fiscal Year 2006 over which the 
     Secretary shall retain jurisdiction of the surface estate 
     until the essential mineral rights--
       ``(i) are purchased under subsection (b) of that Act; or
       ``(ii) are mined and reclaimed by the mineral rights 
     holders in accordance with requirements established by the 
     State of Colorado; and
       ``(C) the land depicted on the map described in paragraph 
     (1) on which essential mineral rights are being actively 
     mined as of the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2006 until--
       ``(i) the essential mineral rights are purchased; or
       ``(ii) the surface estate is reclaimed by the mineral 
     rights holder in accordance with requirements established by 
     the State of Colorado.
       ``(3) Acquisition of additional land.--Notwithstanding 
     paragraph (1), upon the purchase of the mineral rights or 
     reclamation of the land depicted on the map described in 
     paragraph (1), the Secretary shall--
       ``(A) transfer the land to the Secretary of the Interior 
     for inclusion in the refuge; and
       ``(B) the Secretary of the Interior shall--
       ``(i) accept the transfer of the land; and
       ``(ii) manage the land as part of the refuge.''.
       (c) Funding.--Of the amounts authorized to be appropriated 
     to the Secretary for the Rocky Flats Environmental Technology 
     Site for fiscal year 2006, $10,000,000 shall be made 
     available to the Secretary for the purposes described in 
     subsection (b).
                                 ______
                                 
  SA 1507. 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:

       On page 286, between lines 7 and 8, insert the following:

     SEC. 1073. LIABILITY PROTECTION FOR DONATING FIRE EQUIPMENT 
                   TO VOLUNTEER FIRE COMPANIES.

       (a) Liability Protection.--A person who donates fire 
     control or fire rescue equipment to a volunteer fire company 
     shall not be liable for civil damages under any State or 
     Federal law for personal injuries, property damage or loss, 
     or death caused by the equipment after the donation.
       (b) Exceptions.--Subsection (a) does not apply to a person 
     if--
       (1) the person's act or omission causing the injury, 
     damage, loss, or death constitutes gross negligence or 
     intentional misconduct; or
       (2) the person is the manufacturer of the fire control or 
     fire rescue equipment.
       (c) Preemption.--This section preempts the laws of any 
     State to the extent that such laws are inconsistent with this 
     section, except that notwithstanding subsection (b) this 
     section shall not preempt any State law that provides 
     additional protection from liability for a person who donates 
     fire control or fire rescue equipment to a volunteer fire 
     company.
       (d) Definitions.--In this section:
       (1) Person.--The term ``person'' includes any governmental 
     or other entity.
       (2) Fire control or rescue equipment.--The term ``fire 
     control or fire rescue equipment'' includes any--
       (A) fire, rescue, or emergency medical services vehicle;
       (B) fire fighting, rescue, or emergency medical services 
     tool;
       (C) fire appliance;
       (D) communications equipment;
       (E) protective gear;
       (F) fire hose; or
       (G) breathing apparatus.
       (3) State.--The term ``State'' includes the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Commonwealth of the Northern Mariana Islands, American 
     Samoa, Guam, the Virgin Islands, any other territory or 
     possession of the United States, and any political 
     subdivision of any such State, territory, or possession.
       (4) Volunteer fire company.--The term ``volunteer fire 
     company'' means an association of individuals who provide 
     fire protection and other emergency services, where at least 
     30 percent of the individuals receive little or no 
     compensation compared with an entry level full-time paid 
     individual in that association or in the nearest such 
     association with an entry level full-time paid individual.
       (e) Effective Date.--This section applies only to liability 
     for injury, damage, loss, or death caused by equipment that, 
     for purposes of subsection (a), is donated on or after the 
     date that is 30 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1508. 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:

       On page 379, after line 22, add the following:

     SEC. 3302. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND 
                   CONCENTRATES.

       (a) Disposal Authorized.--The Director of the Defense 
     Logistics Agency is authorized to dispose of 20,000,000 
     pounds of tungsten ores and concentrates from the National 
     Defense Stockpile in fiscal year 2006.
       (b) Certain Sales Authorized.--The tungsten ores and 
     concentrates disposed under subsection (a) may be sold to 
     entities with ore conversion or tungsten carbide 
     manufacturing or processing capabilities in the United 
     States.
       (c) Suspension Authorized.--The Secretary of Commerce may, 
     in consultation with the Director of the Defense Logistics 
     Agency, suspend disposal of tungsten ores and concentrates 
     under subsection (a) if the Secretary determines that 
     additional disposal of such ores and concentrates would have 
     an adverse impact on United States entities that mine or 
     process tungsten.
                                 ______
                                 
  SA 1509. Mr. HATCH (for himself, Mr. Inhofe, Mr. Bennett, and Mr. 
Chambliss) 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 66, after line 22, insert the following:

     SEC. 330. SENSE OF THE SENATE REGARDING DEPOT MAINTENANCE.

       (a) Findings.--The Senate finds that--
       (1) the Depot Maintenance Strategy and Master Plan of the 
     Air Force reflects the essential requirements for the Air 
     Force to maintain a ready and controlled source of organic 
     technical competence, thereby ensuring an effective and 
     timely response to national defense contingencies and 
     emergency requirements;
       (2) since the publication of the Depot Maintenance Strategy 
     and Master Plan of the Air Force in 2002, the service has 
     made great progress toward modernizing all 3 of its Depots, 
     in order to maintain their status as ``world class'' 
     maintenance repair and overhaul operations;
       (3) One of the indispensable components of the Depot 
     Maintenance Strategy and Master Plan of the Air Force is the 
     commitment of the Air Force to allocate $150,000,000 a year 
     over 6 years, beginning in fiscal year 2004, for 
     recapitalization and investment, including the procurement of 
     technologically advanced facilities and equipment, of our 
     Nation's 3 Air Force depots; and
       (4) the funds expended to date have ensured that 
     transformation projects, such as the initial implementation 
     of ``Lean'' and ``Six Sigma'' production techniques, have 
     achieved great success in reducing the time necessary to 
     perform depot maintenance on aircraft.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Air Force should be commended for the 
     implementation of its Depot Maintenance Strategy and Master 
     Plan and, in particular, meeting its commitment to invest 
     $150,000,000 a year over 6 years, since fiscal year 2004, in 
     the Nation's 3 Air Force Depots; and
       (2) the Air Force should continue to fully fund its 
     commitment of $150,000,000 a year through fiscal year 2009 in 
     investments and recapitalization projects pursuant to the 
     Depot Maintenance Strategy and Master Plan.
                                 ______
                                 
  SA 1510. Mr. HATCH (for himself and Mr. Chambliss) 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

[[Page S8861]]

strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 138. SENSE OF SENATE ON F/A-22 RAPTOR AIRCRAFT.

       (a) Findings.--The Senate makes the following findings:
       (1) It is widely held that integrated air defense systems, 
     composed of next generation surface-to-air missiles and fifth 
     generation fighters, will be the primary threat to United 
     States dominance of the skies and the ability of the Nation 
     to access strategically important regions during future 
     conflicts.
       (2) Many of the current tactical aircraft of the United 
     States first flew more than 30 years ago and several nations 
     have deployed integrated air defense systems designed to 
     counter these aircraft. These aircraft include the F-15 
     Eagle, F-16 Fighting Falcon, and F/A-18 Hornet, none of which 
     are stealth aircraft.
       (3) the F/A-22 Raptor aircraft is a highly-capable stealth 
     aircraft designed to neutralize both surface-to-air missiles 
     and fifth generation fighters.
       (4) The F/A-22 Raptor aircraft is a truly transformational 
     aircraft incorporating--
       (A) super-cruise engines that allow for extended supersonic 
     flight (a magnitude longer than its after-burner 
     predecessors);
       (B) unmatched stealth capabilities; and
       (C) a radar and avionics system that will permit the 
     identification of ground targets and engage enemy aircraft at 
     great ranges.
       (5) The F-35 Joint Strike Fighter is being designed as a 
     compliment to the F/A-22 Raptor aircraft, but the F-35 Joint 
     Strike Fighter will not be as stealthy the F/A-22 Raptor 
     aircraft, nor will it be able, due to design constraints, to 
     utilize super-cruise engines.
       (6) The F/A-22 Raptor aircraft is the most maneuverable 
     fighter flying today, a matter of particular importance when 
     encountering newer Russian-made aircraft that have been sold 
     widely throughout the world and boast a highly impressive 
     maneuver capability.
       (7) The F/A-22 Raptor aircraft is a capable bomber, with a 
     large weapons bay having the capacity to carry two 1,000 
     pound Global Positioning System-guided Joint Direct Attack 
     Munitions or several Small Diameter Bombs.
       (8) The National Defense Strategy calls for a force 
     structure that--
       (A) defends the homeland;
       (B) is capable of forward deterrence in four regions;
       (C) can swiftly defeat adversaries in two overlapping 
     conflicts; and
       (D) can decisively defeat an enemy in one of those 
     conflicts.
       (9) The Air Force has repeatedly warned that, in order to 
     meet the requirements of the National Defense Strategy, the 
     service requires far more than the 180 F/A-22 Raptor aircraft 
     currently planned for procurement by the Department of 
     Defense.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Defense should review the decision 
     articulated in Program Budget Decision 753 to ensure that 
     sufficient numbers of F/A-22 Raptor aircraft are procured in 
     order meet applicable requirements in the National Defense 
     Strategy.
                                 ______
                                 
  SA 1511. Mr. BROWNBACK 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 237, after line 17, add the following:

     SEC. 846. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE 
                   MILITARY COMPANIES.

       (a) In general.--Chapter 141 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2410p. Prohibition on procurements of goods and 
       services from Communist Chinese military companies.

       ``(a) Prohibition.--The Secretary of Defense may not 
     procure goods or services, through a contract or any 
     subcontract (at any tier) under a contract, from any 
     Communist Chinese military company.
       ``(b) Definition.--In this section, the term ``Communist 
     Chinese military company'' has the meaning given that term in 
     section 1237(b)(4) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     50 U.S.C. 1701 note).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2410o the following new item:

``2410p. Prohibition on procurements of goods and services from 
              Communist Chinese military companies.''.
                                 ______
                                 
  SA 1512. Mr. SARBANES 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 286, between lines 7 and 8, insert the following:

     SEC. 1073. RETENTION OF REIMBURSEMENT FOR PROVISION OF 
                   RECIPROCAL FIRE PROTECTION SERVICES.

       Section 5 of the Act of May 27, 1955 (69 Stat. 67; 42 
     U.S.C. 1856d) is amended--
       (1) by inserting ``(a)'' after ``SEC. 5.''; and
       (2) by adding at the end the following new subsection:
       ``(b) Notwithstanding subsection (a), all sums received by 
     any Department of Defense activity for fire protection 
     rendered pursuant to this Act shall be credited to the 
     appropriation, fund, or account from which the expenses were 
     paid. Amounts so credited shall be merged with the funds in 
     such appropriation, fund, or account, and shall be available 
     for the same purposes, and subject to the same limitations, 
     as the funds with which the credited amounts are merged.''.
                                 ______
                                 
  SA 1513. Mr. BYRD (for himself, Mr. Biden, Mr. Rockefeller, Mr. 
Lieberman, Mrs. Clinton, Mr. Obama, and Mr. Schumer) 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. SENSE OF THE SENATE CONCURRING WITH THE BASE 
                   CLOSURE AND REALIGNMENT COMMISSION LEGAL 
                   OPINION ON EXISTENCE OF LEGAL IMPEDIMENTS TO 
                   CLOSURE OR REALIGNMENT OF AIR NATIONAL GUARD 
                   ASSETS.

       It is the sense of the Senate that the Senate concurs with 
     the conclusion that legal impediments exist to the closure or 
     realignment of Air National Guard assets, as stated in the 
     memorandum entitled ``Discussion of Legal and Policy 
     Considerations Related to Certain Base Closure and 
     Realignment Recommendations'' issued on July 14, 2005, by the 
     Office of General Counsel of the Base Closure and Realignment 
     Commission.
                                 ______
                                 
  SA 1514. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 357, strike line 20, and insert the following:

                       PART II--NAVY CONVEYANCES

     SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION, 
                   MIRAMAR, SAN DIEGO, CALIFORNIA.

       (a) Conveyance Authorized.--Subject to subsection (c), the 
     Secretary of the Navy may convey to the County of San Diego, 
     California (in this section referred to as the ``County''), 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements thereon 
     and appurtenant easements thereto, consisting of 
     approximately 230 acres located on the eastern boundary of 
     Marine Corps Air Station, Miramar, California, for the 
     purpose of removing the property from the boundaries of the 
     installation and permitting the County to preserve the entire 
     property known as the Stowe Trail as a public passive park/
     recreational area.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the County shall provide the United States 
     consideration with a total value that is not less than the 
     fair market value of the conveyed real property, as 
     determined by the Secretary. The consideration provided by 
     the County shall be in a form and quantity that is acceptable 
     to the Secretary.
       (2) Relation to other laws.--The requirements under 
     sections 2662 and 2802 of title 10, United States Code, shall 
     not apply with respect to any new facilities the construction 
     of which is accepted as in-kind consideration under this 
     subsection.
       (c) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the real property conveyed under subsection (a) is not 
     being used in accordance with the purpose of the conveyance 
     specified in such subsection, all right, title, and interest 
     in and to the property, including any improvements thereon, 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made

[[Page S8862]]

     on the record after an opportunity for a hearing.
       (2) Release of reversionary interest.--The Secretary shall 
     release, without consideration, the reversionary interest 
     retained by the United States under paragraph (1) if--
       (A) Marine Corps Air Station, Miramar, is no longer being 
     used for Department of Defense activities; or
       (B) the Secretary determines that the reversionary interest 
     is otherwise unnecessary to protect the interests of the 
     United States.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     County to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a) and 
     implement the receipt of any in-kind consideration under 
     subsection (b), including appraisal costs, survey costs, 
     costs related to environmental documentation, and other 
     administrative costs related to the conveyance and receipt of 
     any in-kind consideration. If amounts are collected from the 
     County in advance of the Secretary incurring the actual 
     costs, and the amount received exceeds the costs actually 
     incurred by the Secretary under this section, the Secretary 
     shall refund the excess amount to the County.
       (2) Reimbursement.--Amounts received as reimbursement under 
     paragraph (1) shall be credited to the fund or account that 
     was used to cover the costs incurred by the Secretary in 
     carrying out the conveyance. Amounts so credited shall be 
     merged with amounts in such fund or account and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such fund or 
     account.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                    PART III--AIR FORCE CONVEYANCES

                                 ______
                                 
  SA 1515. Mr. DAYTON 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. CHILD AND FAMILY ASSISTANCE BENEFITS FOR MEMBERS OF 
                   THE ARMED FORCES.

       (a) Additional Amount for Operation and Maintenance, 
     Defense-wide.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance, Defense-wide 
     activities, is hereby increased by $120,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance, 
     Defense-wide activities, as increased by subsection (a), 
     $120,000,000 may be available as follows:
       (1) $100,000,000 for childcare services for families of 
     members of the Armed Forces.
       (2) $20,000,000 for family assistance centers that 
     primarily serve members of the Armed Forces and their 
     families.
                                 ______
                                 
  SA 1516. Mr. HATCH (for himself, Mr. Inhofe, Mr. Bennett, and Mr. 
Chambliss) proposed an Amendment to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Departmet 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 66, after line 22, insert the following:

     SEC. 330. SENSE OF THE SENATE REGARDING DEPOT MAINTENANCE.

       (a) Findings.--The Senate finds that--
       (1) the Depot Maintenance Strategy and Master Plan of the 
     Air Force reflects the essential requirements for the Air 
     Force to maintain a ready and controlled source of organic 
     technical competence, thereby ensuring an effective and 
     timely response to national defense contingencies and 
     emergency requirements;
       (2) since the publication of the Depot Maintenance Strategy 
     and Master Plan of the Air Force in 2002, the service has 
     made great progress toward modernizing all 3 of its Depots, 
     in order to maintain their status as ``world class'' 
     maintenance repair and overhaul operations;
       (3) one of the indispensable components of the Depot 
     Maintenance Strategy and Master Plan of the Air Force is the 
     commitment of the Air Force to allocate $150,000,000 a year 
     over 6 years, beginning in fiscal year 2004, for 
     recapitalization and investment, including the procurement of 
     technologically advanced facilities and equipment, of our 
     Nation's 3 Air Force depots; and
       (4) the funds expended to date have ensured that 
     transformation projects, such as the initial implementation 
     of ``Lean'' and ``Six Sigma'' production techniques, have 
     achieved great success in reducing the time necessary to 
     perform depot maintenance on aircraft.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Air Force should be commended for the 
     implementation of its Depot Maintenance Strategy and Master 
     Plan and, in particular, meeting its commitment to invest 
     $150,000,000 a year over 6 years, since fiscal year 2004, in 
     the Nation's 3 Air Force Depots; and
       (2) the Air Force should continue to fully fund its 
     commitment of $150,000,000 a year through fiscal year 2009 in 
     investments and recapitalization projects pursuant to the 
     Depot Maintenance Strategy and Master Plan.
                                 ______
                                 
  SA 1517. Mr. BAYH 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 Departmet 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. ENFORCEMENT AND LIABILITY FOR NONCOMPLIANCE WITH 
                   SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) Enforcement.--
       (1) 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--ENFORCEMENT

     ``SEC. 801. 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) 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, in addition to any amounts otherwise recoverable, for 
     a civil penalty in the amount of $5,000 to $50,000, as 
     determined appropriate by the court for each violation.
       ``(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, 
     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

[[Page S8863]]

     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).''.
       (2) 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--ENFORCEMENT

``Sec. 801. Administrative enforcement.''.

       (b) Liability for Noncompliance.--
       (1) Section 301(c) of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 531(c)) is amended by striking paragraph (2) 
     and inserting the following new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) such additional damages as the court may allow, in an 
     amount not less than $100 or more than $5,000 (as determined 
     appropriate by the court), for each violation; and
       ``(E) 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.
       ``(3) 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.''.
       (2) Section 302(b) of that Act (50 U.S.C. App. 532(b)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) such additional damages as the court may allow, in an 
     amount not less than $100 or more than $5,000 (as determined 
     appropriate by the court), for each violation; and
       ``(E) 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.
       ``(3) 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.''.
       (3) Section 303(d) of that Act (50 U.S.C. App. 533(d)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) such additional damages as the court may allow, in an 
     amount not less than $100 or more than $5,000 (as determined 
     appropriate by the court), for each violation; and
       ``(E) 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.
       ``(3) 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.''.
       (4) Section 305(h) of that Act (50 U.S.C. App. 535(h)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) such additional damages as the court may allow, in an 
     amount not less than $100 or more than $5,000 (as determined 
     appropriate by the court), for each violation; and
       ``(E) 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.
       ``(3) 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.''.
       (5) Section 306(e) of that Act (50 U.S.C. App. 536(e)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) such additional damages as the court may allow, in an 
     amount not less than $100 or more than $5,000 (as determined 
     appropriate by the court), for each violation; and
       ``(E) 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.
       ``(3) 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.''.
       (6) Section 307(c) of that Act (50 U.S.C. App. 537(c)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) such additional damages as the court may allow, in an 
     amount not less than $100 or more than $5,000 (as determined 
     appropriate by the court), for each violation; and
       ``(E) 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.
       ``(3) 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

[[Page S8864]]

     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.''.
                                 ______
                                 
  SA 1518. Mr. BAYH 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 Departmet 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 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 Effect on Other Laws.--Nothing in this section shall 
     relieve any person of any obligation imposed by any other 
     Federal, State, or local law.
       (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.
                                 ______
                                 
  SA 1519. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Departmet of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. DEPARTMENT OF DEFENSE TASK FORCE ON MENTAL HEALTH.

       (a) Requirement To Establish.--The Secretary of Defense 
     shall establish within the Department of Defense a task force 
     to examine matters relating to mental health and the Armed 
     Forces.
       (b) Composition.--
       (1) Members.--The task force shall consist of not more than 
     14 members appointed by the Secretary of Defense from among 
     individuals described in paragraph (2) who have demonstrated 
     expertise in the area of mental health.
       (2) Range of members.--The individuals appointed to the 
     task force shall include--
       (A) at least one member of each of the Army, Navy, Air 
     Force, and Marine Corps; and
       (B) a number of persons from outside the Department of 
     Defense equal to the total number of personnel from within 
     the Department of Defense (whether members of the Armed 
     Forces or civilian personnel) who are appointed to the task 
     force.
       (3) Individuals appointed within department of defense.--At 
     least one of the individuals appointed to the task force from 
     within the Department of Defense shall be the surgeon general 
     of an Armed Force or a designee of such surgeon general.
       (4) Individuals appointed outside department of defense.--
     (A) Individuals appointed to the task force from outside the 
     Department of Defense may include officers or employees of 
     other departments or agencies of the Federal Government, 
     officers or employees of State and governments, or 
     individuals from the private sector.
       (B) The individuals appointed to the task force from 
     outside the Department of Defense shall include--
       (i) an officer or employee of the Department of Veterans 
     Affairs appointed by the Secretary of Defense in consultation 
     with the Secretary of Veterans Affairs;
       (ii) an officer or employee of the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services appointed by the Secretary of 
     Defense in consultation with the Secretary of Health and 
     Human Services; and
       (iii) at least two individuals who are representatives of--
       (I) a mental health policy and advocacy organization; and
       (II) a national veterans service organization.
       (5) Deadline for appointment.--All appointments of 
     individuals to the task force shall be made not later than 
     120 days after the date of the enactment of this Act.
       (6) Co-chairs of Task Force.--There shall be two co-chairs 
     of the task force. One of the co-chairs shall be designated 
     by the Secretary of the Defense at the time of appointment 
     from among the Department of Defense personnel appointed to 
     the task force. The other co-chair shall be selected from 
     among the members appointed from outside the Department of 
     Defense by members so appointed.
       (c) Long-Term Plan on Mental Health Services.--
       (1) In general.--Not later than 12 months after the date on 
     which all members of the task force have been appointed, the 
     task force shall submit to the Secretary a long-term plan 
     (referred to as a strategic plan) on means by which the 
     Department of Defense shall improve the efficacy of mental 
     health services provided to members of the Armed Forces by 
     the Department of Defense.
       (2) Utilization of other efforts.--In preparing the report, 
     the task force shall take into consideration completed and 
     ongoing efforts by the Department of Defense to improve the 
     efficacy of mental health care provided to members of the 
     Armed Forces by the Department.
       (3) Elements.--The long-term plan shall include an 
     assessment of and recommendations (including recommendations 
     for legislative or administrative action) for measures to 
     improve the following:
       (A) The awareness of the prevalence of mental health 
     conditions among members of the Armed Forces.
       (B) The efficacy of existing programs to prevent, identify, 
     and treat mental health conditions among members of the Armed 
     Forces, including programs for and with respect to forward-
     deployed troops.
       (C) The reduction or elimination of barriers to care, 
     including the stigma associated with seeking help for mental 
     health related conditions, and the enhancement of 
     confidentiality for members of the Armed Forces seeking care 
     for such conditions.
       (D) The adequacy of outreach, education, and support 
     programs on mental health matters for families of members of 
     the Armed Forces.
       (E) The efficacy of programs and mechanisms for ensuring a 
     seamless transition from care of members of the Armed Forces 
     on active duty for mental health conditions through the 
     Department of Defense to care for such conditions through the 
     Department of Veterans Affairs after such members are 
     discharged or released from military, naval, or air service.
       (F) The availability of long-term follow-up and access to 
     care for mental health conditions for members of the 
     Individual Ready Reserve, and the Selective Reserve and for 
     discharged, separated, or retired members of the Armed 
     Forces.
       (G) Collaboration among organizations in the Department of 
     Defense with responsibility for or jurisdiction over the 
     provision of mental health services.
       (H) Coordination between the Department of Defense and 
     civilian communities, including local support organizations, 
     with respect to mental health services.
       (I) The scope and efficacy of curricula and training on 
     mental health matters for commanders in the Armed Forces.
       (J) Such other matters as the task force considers 
     appropriate.
       (d) Administrative Matters.--
       (1) Compensation.--Each member of the task force who is a 
     member of the Armed Forces or a civilian officer or employee 
     of the United States shall serve without compensation (other 
     than compensation to which entitled as a member of the Armed 
     Forces or an officer or employee of the United States, as the 
     case may be). Other members of the task force shall be 
     treated for purposes of section 3161 of title 5, United 
     States Code, as having been appointed under subsection (b) of 
     such section.
       (2) Oversight.--The Under Secretary of Defense for 
     Personnel and Readiness shall oversee the activities of the 
     task force.
       (3) Administrative support.--The Washington Headquarters 
     Services of the Department of Defense shall provide the task 
     force with personnel, facilities, and other administrative 
     support as necessary for the performance of the duties of the 
     task force.
       (4) Access to facilities.--The Under Secretary of Defense 
     for Personnel and Readiness shall, in coordination with the 
     Secretaries of the military departments, ensure appropriate 
     access by the task force to military installations and 
     facilities for purposes of the discharge of the duties of the 
     task force.
       (e) Report.--
       (1) In general.--The task force shall submit to the 
     Secretary of Defense a report on its activities under this 
     section. The report shall include--
       (A) a description of the activities of the task force;
       (B) the plan required by subsection (c); and
       (C) such other mattes relating to the activities of the 
     task force that the task force considers appropriate.

[[Page S8865]]

       (2) Transmittal to congress.--Not later than 90 days after 
     receipt of the report under paragraph (1), the Secretary 
     shall transmit the report to the Committees on Armed Services 
     and Veterans' Affairs of the Senate and the House of 
     Representatives. The Secretary may include in the transmittal 
     such comments on the report as the Secretary considers 
     appropriate.
       (f) Termination.--The task force shall terminate 90 days 
     after the date on which the report of the task force is 
     submitted to Congress under subsection (e)(2).
                                 ______
                                 
  SA 1520. Mr. OBAMA 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. ASSESSMENT OF PRODUCTION OF ALTERNATIVE 
                   TRANSPORTATION FUELS FOR THE DEPARTMENT OF 
                   DEFENSE.

       (a) Program Required.--The Secretary of Defense shall carry 
     out a program to evaluate the commercial and technical 
     viability of advanced technologies for the production of 
     alternative transportation fuels having applications for the 
     Department of Defense. The program shall include the 
     construction and operation of testing facilities in 
     accordance with subsection (d).
       (b) Alternative Transportation Fuels.--For purposes of this 
     section, alternative transportation fuels are ethanol and 
     Fischer Tropsch fuels that are produced domestically from 
     cellulosic biomass feedstocks or Illinois Basin Coal.
       (c) Coordination of Efforts.--
       (1) In general.--The Secretary of Defense shall carry out 
     the program required by this section through the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics and in consultation with the Director of Defense 
     Research and Engineering, the Advanced Systems and Concepts 
     Office, the Secretary of Agriculture, and the Secretary of 
     Energy.
       (2) Role of biomass research and development technologic 
     advisory committee.--The consultations under paragraph (1) 
     shall include the participation of the Biomass Research and 
     Development Technical Advisory Committee established under 
     section 306 of the Biomass Research and Development Act of 
     2000 (title III of Public Law 106-224; 7 U.S.C. 8101 note).
       (d) Facilities for Evaluating Production of Alternative 
     Transportation Fuels.--
       (1) In general.--In carrying out the program required by 
     this section, the Secretary of Defense shall provide for the 
     following:
       (A) The utilization and capital modification of the 
     National Corn-to-Ethanol Research Center for the purpose of 
     evaluating the technical and commercial viability of corn 
     kernel cellulosics for producing ethanol.
       (B) The construction or capital modification of--
       (i) not less than four facilities for the purposes of 
     evaluating the production from cellulosic biomass of 
     alternative transportation fuels having applications for the 
     Department of Defense; and
       (ii) not less than four facilities for the purposes of 
     evaluating the production from Illinois Basin Coal of 
     alternative transportation fuels having applications for the 
     Department of Defense
       (2) Location of facilities.--(A) The facilities constructed 
     under paragraph (1)(B) for the purposes of cellulosic biomass 
     shall--
       (i) afford the efficient use of a diverse range of fuel 
     sources; and
       (ii) give initial preference to existing domestic 
     facilities with current or potential capacity for cellulose 
     conversion.
       (B) The facilities constructed under paragraph (1)(B) for 
     the purposes of Illinois Basin Coal shall be located within 
     the Illinois Basin Coal region.
       (3) Capacity of facilities.--Each facility constructed 
     under paragraph (1) shall have the flexibility for producing 
     commercial volumes of alternative transportation fuels such 
     that when the facility demonstrates economic viability of the 
     process it can provide commercial production for the region 
     in which it is located.
       (4) Authority to enter into transactions for facility 
     construction.--The Secretary of Defense shall seek to 
     construct the facilities required by paragraph (1)(B) at the 
     lowest cost practicable. The Secretary may make grants, enter 
     into agreements, and provide loans or loan guarantees to 
     corporations, farm cooperatives, associates of farmers, and 
     consortia of such entities for such purposes.
       (5) Evaluations at facilities.--
       (A) In general.--Not later than 5 years after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     begin at the facilities described in paragraph (1)(B) 
     evaluations of the technical and commercial viability of 
     different processes of producing alternative transportation 
     fuels having Department of Defense applications from 
     cellulosic biomass or Illinois Basin Coal.
       (B) Evaluations at national corn-to-ethanol research 
     center.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall begin 
     at the National Corn-to-Ethanol Research Center evaluations 
     of the technical and commercial viability of different 
     processes of corn kernel cellulosics for producing ethanol.
       (e) Program Milestones.--In carrying out the program 
     required by this section, the Secretary of Defense shall meet 
     the following milestones:
       (1) Selection of testing processes.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary shall select processes for evaluating the technical 
     and commercial viability of producing ethanol or Fischer 
     Tropsch fuel from cellulosic biomass or Illinois Basin Coal.
       (2) Initiation of work at existing facilities.--Not later 
     than one year after the date of enactment of this Act, the 
     Secretary shall enter into agreements to carry out testing 
     under this section at existing facilities.
       (3) Construction agreements.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     enter into agreements for the capital modification or 
     construction of facilities under subsection (d)(1)(B).
       (4) Completion of engineering and design work.--Not later 
     than three years after the date of the enactment of this Act, 
     the Secretary shall complete capital modifications of 
     existing facilities and the engineering and design work 
     necessary for the construction of new facilities under this 
     section.
       (f) Report on Program.--Not later than 18 months after the 
     date of the enactment of this Act, and annually thereafter 
     for the next 5 years, the Secretary of Defense shall, in 
     consultation with the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, submit a report on 
     the implementation and results of the program required by 
     this section to--
       (1) the Committees on Armed Services, Energy and Natural 
     Resources, Agriculture, and Appropriations of the Senate; and
       (2) the Committees on Armed Services, Energy and Commerce, 
     Agriculture, and Appropriations of the House of 
     Representatives.
       (g) Funding.--
       (1) In general.--Of the amounts authorized to be 
     appropriated under this Act, $75,000,000 may be available for 
     the program required by this section, of which $15,000,000 
     may be available in each of fiscal years 2006 through 2010 
     for the program.
       (2) Availability.--Amounts available under paragraph (1) 
     shall remain available until expended.
                                 ______
                                 
  SA 1521. Mr. COLEMAN (for himself and Mr. Levin) 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 226, after line 23, add the following:

     SEC. 824. CENTRAL CONTRACTOR REGISTRY DATABASE.

       (a) Authority.--Chapter 137 of title 10, United States 
     Code, is amended by inserting after section 2302d the 
     following new section:

     ``Sec. 2302e. Central contractor registry

       ``(a) Establishment.--The Secretary of Defense shall 
     maintain a centralized, electronic database for the 
     registration of sources of property and services who seek to 
     participate in contracts and other procurements entered into 
     by the various procurement officials of the United States. 
     The database shall be known as the `Central Contractor 
     Registry'.
       ``(b) Taxpayer Information.--(1) The Central Contractor 
     Registry shall include the following tax-related information 
     for each source registered in that registry:
       ``(A) Each of that source's taxpayer identification 
     numbers.
       ``(B) The source's authorization for the Secretary of 
     Defense to obtain from the Commissioner of Internal Revenue--
       ``(i) verification of the validity of each of that source's 
     taxpayer identification numbers; and
       ``(ii) in the case of any of such source's registered 
     taxpayer identification numbers that is determined invalid, 
     the correct taxpayer identification number (if any).
       ``(2)(A) The Secretary of Defense shall require each 
     source, as a condition for registration in the Central 
     Contractor Registry, to provide the Secretary with the 
     information and authorization described in paragraph (1).
       ``(B) The Secretary shall--
       ``(i) warn each source seeking to register in the Central 
     Contractor Registry that the source may be subject to backup 
     withholding for a failure to submit each such number to the 
     Secretary; and
       ``(ii) take the actions necessary to initiate the backup 
     withholding in the case of a registrant who fails to register 
     each taxpayer identification number valid for the registrant 
     and is subject to the backup withholding requirement.
       ``(3) A source registered in the Central Contractor 
     Registry is not eligible for a contract

[[Page S8866]]

     entered into under this chapter or title III of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     251 et seq.) if that source--
       ``(A) has failed to provide the authorization described in 
     paragraph (1)(B);
       ``(B) has failed to register in that registry all valid 
     taxpayer identification numbers for that source; or
       ``(C) has registered in that registry an invalid taxpayer 
     identification number and fails to correct that registration.
       ``(4)(A) The Secretary of Defense shall make arrangements 
     with the Commissioner of Internal Revenue for each head of an 
     agency within the Department of Defense to participate in the 
     taxpayer identification number matching program of the 
     Internal Revenue Service.
       ``(B) The Commissioner of Internal Revenue shall cooperate 
     with the Secretary of Defense to determine the validity of 
     taxpayer identification numbers registered in the Central 
     Contractor Registry. As part of the cooperation, the 
     Commissioner shall promptly respond to a request of the 
     Secretary of Defense or the head of an agency within the 
     Department of Defense for electronic validation of a taxpayer 
     identification number for a registrant by notifying the 
     Secretary or head of an agency, respectively, of--
       ``(i) the validity of that number; and
       ``(ii) in the case of an invalid taxpayer identification 
     number, any correct taxpayer identification number for such 
     registrant that the Commissioner can promptly and reasonably 
     determine.
       ``(C) The Secretary shall transmit to a registrant a 
     notification of each of the registrant's taxpayer 
     identification numbers, if any, that is determined invalid by 
     the Commissioner of Internal Revenue and shall provide the 
     registrant with an opportunity to substitute a valid taxpayer 
     identification number.
       ``(5) The Secretary of Defense shall require that, at the 
     place in the Central Contractor Registry where the taxpayer 
     identification numbers of a registrant are to be displayed, 
     the display bear (as applicable)--
       ``(A) for each taxpayer identification number of that 
     registrant, an indicator of whether such number has been 
     determined valid, is being reviewed for validity, or has been 
     determined invalid; or
       ``(B) an indicator that no taxpayer identification number 
     is required for the registrant.
       ``(6) This subsection applies to each source who registers 
     any information regarding that source in the Central 
     Contractor Registry after December 31, 2005, except that 
     paragraphs (1), (2), and (3) do not apply to a source who 
     establishes to the satisfaction of the Secretary of Defense 
     that such source is not required to have a taxpayer 
     identification number.
       ``(c) Confidentiality of Information.--The Secretary of 
     Defense shall ensure that taxpayer identification numbers in 
     the Central Contractor Registry are not made available to the 
     public. The Secretary shall prescribe a requirement for 
     procurement officials of the United States having access to 
     such numbers in that registry to maintain the confidentiality 
     of those numbers.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2302d the following new item:

``2302e. Central Contractor Registry.''.
                                 ______
                                 
  SA 1522. Mrs. DOLE 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 D of title VIII, add the following:

     SEC. 834. TRAINING FOR DEFENSE ACQUISITION WORKFORCE ON THE 
                   REQUIREMENTS OF THE BERRY AMENDMENT.

       (a) Training During Fiscal Year 2006.--The Secretary of 
     Defense shall ensure that each member of the defense 
     acquisition workforce (including personnel engaged in end-
     item inspections) receives training during fiscal year 2006 
     on the requirements of section 2533a of title 10, United 
     States Code (commonly referred to as the ``Berry 
     Amendment''), and the regulations implementing that section.
       (b) Inclusion of Information in New Training Programs.--The 
     Secretary shall ensure that any training program for the 
     defense acquisition workforce development or implemented 
     after the date of the enactment of this Act includes 
     comprehensive information on the requirements described in 
     subsection (a).
                                 ______
                                 
  SA 1523. Mrs. DOLE (for herself, Mr. Durbin, and Mr. Nelson of 
Florida) submitted an amendment intended to be proposed by her 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. TERMS OF CONSUMER CREDIT EXTENDED TO SERVICEMEMBER 
                   OR SERVICEMEMBER'S DEPENDENT.

       (a) Terms of Consumer Credit.--Title II of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 208. TERMS OF CONSUMER CREDIT.

       ``(a) Interest.--A creditor who extends consumer credit to 
     a servicemember or a servicemember's dependent shall not 
     require the servicemember or the servicemember's dependent to 
     pay interest with respect to the extension of such credit, 
     except as--
       ``(1) agreed to under the terms of the credit agreement or 
     promissory note;
       ``(2) authorized by the applicable State law; and
       ``(3) not specifically prohibited by this section.
       ``(b) Annual Percentage Rate.--A creditor described in 
     subsection (a) shall not impose an annual percentage rate 
     greater than 36 percent with respect to the consumer credit 
     extended to a servicemember or a servicemember's dependent.
       ``(c) Mandatory Loan Disclosures.--
       ``(1) Information required.--With respect to any extension 
     of consumer credit to a servicemember or a servicemember's 
     dependent, a creditor shall provide to the servicemember or 
     the servicemember's dependent the following information in 
     writing at or before the issuance of the credit:
       ``(A) A statement of the annual percentage rate applicable 
     to the extension of credit.
       ``(B) Any disclosures required under the Truth in Lending 
     Act (15 U.S.C. 1601 et seq.).
       ``(C) A clear description of the payment obligations of the 
     servicemember or the servicemember's dependent, as 
     applicable.
       ``(2) Terms.--Such disclosures shall be presented in 
     accordance with terms prescribed by the regulations issued by 
     the Board of Governors of the Federal Reserve System to 
     implement the Truth in Lending Act (15 U.S.C. 1601 et seq.).
       ``(d) Limitation.--A creditor described in subsection (a) 
     shall not automatically renew, repay, refinance, or 
     consolidate with the proceeds of other credit extended by the 
     same creditor any consumer credit extended to a servicemember 
     or a servicemember's dependent without--
       ``(1) executing new loan documentation signed by the 
     servicemember or the servicemember's dependent, as 
     applicable; and
       ``(2) providing the loan disclosures described in 
     subsection (c) to the servicemember or the servicemember's 
     dependent.
       ``(e) Preemption.--Except as provided in subsection (f)(2), 
     this section preempts any State or Federal law, rule, or 
     regulation, including any State usury law, to the extent that 
     such laws, rules, or regulations are inconsistent with this 
     section, except that this section shall not preempt any such 
     law, rule, or regulation that provides additional protection 
     to a servicemember or a servicemember's dependent.
       ``(f) Penalties.--
       ``(1) Misdemeanor.--Any creditor who knowingly violates 
     this section shall be fined as provided in title 18, United 
     States Code, or imprisoned for not more than one year, or 
     both.
       ``(2) Preservation of other remedies.--The remedies and 
     rights provided under this section are in addition to and do 
     not preclude any remedy otherwise available under law to the 
     person claiming relief under this section, including any 
     award for consequential and punitive damages.
       ``(g) Definition.--For purposes of this section, the term 
     `interest' includes service charges, renewal charges, fees, 
     or any other charges (except bona fide insurance) with 
     respect to the extension of consumer credit.''.
       (b) Clerical Amendment.--The table of contents of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 501) is 
     amended by inserting after the item relating to section 207 
     the following new item:

``Sec. 208. Terms of consumer credit.''.
                                 ______
                                 
  SA 1524. Mrs. DOLE (for herself, Mr. Lautenberg, Mr. Kennedy, Mr. 
DeWine, Ms. Landrieu, Mr. Chafee, Ms. Mikulski, Mr. Chambliss, and Mr. 
Durbin) 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 VII, add the following:

     SEC. 718. MENTAL HEALTH COUNSELORS UNDER TRICARE.

       (a)  Reimbursement Under TRICARE.--Section 1079(a)(8) of 
     title 10, United States Code, is amended--
       (1) by inserting ``or licensed or certified mental health 
     counselors'' after ``certified marriage and family 
     therapists'' both places it appears; and

[[Page S8867]]

       (2) by inserting ``or licensed or certified mental health 
     counselors'' after ``that the therapists.''
       (b) Authority to Provide Mental Health Services in Clinical 
     Trials.--Section 1079(a)(13) of such title is amended by 
     inserting ``, licensed or certified mental health 
     counselor,'' after ``certified marriage and family 
     therapist''.
       (c) Authority to Enter Into Personal Services Contracts.--
     Section 704(c)(2) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 
     U.S.C. 1091 note) is amended by inserting ``mental health 
     counselors,'' after ``psychologists,''.
       (d) Applicability of Licensure Requirement for Health-care 
     Professionals.--Section 1094 (e)(2) of title 10, United 
     States Code, is amended by inserting ``mental health 
     counselor,'' after ``psychologist,''.
                                 ______
                                 
  SA 1525. Mrs. CLINTON submitted an amendment intended to be proposed 
by her 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:

     SEC. ___. SPECIAL EXPOSURE COHORTS.

       (a) Reports on Special Exposure Cohorts.--
       (1) Initial report.--Not later than 90 days after the date 
     of enactment of this Act, the Director of the National 
     Institute for Occupational Safety and Health (referred to in 
     this section as the ``Director'') shall prepare and submit as 
     described in paragraph (4) a report identifying the 
     Department of Energy facilities, and atomic weapons employer 
     facilities, at which a class of employees is reasonably 
     likely to qualify for treatment as members of the Special 
     Exposure Cohort under section 3626 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384q), in the event that the class submits a petition 
     as described in subsection (a)(3) of such section.
       (2) Contents.--
       (A) In general.--The report shall--
       (i) list and describe each of the classes of employees 
     referred to in paragraph (1), including the job categories 
     and time periods of employment for such classes;
       (ii) state a rationale or basis for describing those 
     classes as reasonably likely to qualify for treatment as 
     members of the Special Exposure Cohort;
       (iii) indicate whether any of the described classes are 
     multi-facility classes; and
       (iv) state the number of claimants with pending claims in 
     the described classes.
       (B) Research.--The report shall be based on research 
     conducted by the Director and by contractors of the National 
     Institute for Occupational Safety and Health.
       (C) List of facilities reviewed.--The report shall list 
     facilities where the Director has conducted a review, for 
     purposes of making the identification described in paragraph 
     (1), and facilities where the Director has not conducted such 
     a review.
       (D) Plan.--The report shall specify a plan to assist 
     petitioners at facilities identified in the report in filing 
     petitions under subsection (a)(3) of such section 3626.
       (3) Updated report.--Not later than 12 months after 
     submitting an initial report under this section, the Director 
     shall update the report and submit the updated report as 
     described in paragraph (4).
       (4) Submission and dissemination.--
       (A) Submission.--The Director shall submit the reports 
     described in this section--
       (i) to the Committee on Armed Services, the Committee on 
     Education and the Workforce, and the Committee on the 
     Judiciary of the House of Representatives;
       (ii) to the Committee on Armed Services and the Committee 
     on Health, Education, Labor, and Pensions of the Senate; and
       (iii) to the Advisory Board on Radiation and Worker Health, 
     for the purpose of obtaining the Board's recommendations.
       (B) Dissemination.--The Director shall make the reports 
     available in electronic and printed form.
       (5) Construction.--Nothing in this subsection shall be 
     construed to suggest that the decision of the Director to 
     identify a facility or describe a class of employees for a 
     report submitted under this subsection constitutes a 
     prejudgement on the outcome of a petition filed under 
     subsection (a)(3) of such section 3626 by a class of 
     employees at such facility, or a response to a recommendation 
     by the Advisory Board on Radiation and Worker Health under 
     subsection (a)(1) of such section relating to such a class of 
     employees.
       (b) Special Exposure Cohort.--Section 3626(a) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7384q(a)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``or atomic weapons employer facility'' 
     after ``Department of Energy facility''; and
       (B) by striking ``that facility'' and inserting ``the 
     facility involved''; and
       (2) in paragraph (3), by adding at the end the following: 
     ``For purposes of establishing procedures and considering 
     petitions under this paragraph, a reference to a facility 
     shall be considered to include a reference to multiple 
     facilities with a common class of employees, to permit the 
     President to treat a multiple-facility exposure cohort as 
     members of the Special Exposure Cohort.''.
       (c) Residual Contamination.--
       (1) Adjudication.--Not later than 21 days after the date of 
     enactment of this Act, the Secretary of Labor shall reinstate 
     and commence adjudication of all claims filed under subtitle 
     B of the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384l et seq.) as a result of 
     changes the definition of the term ``atomic weapons 
     employee'' made by the amendment in section 3168(a) of 
     division A of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2190).
       (2) Report.--Not later than 45 days after the date of 
     enactment of this Act, the Secretary of Labor shall prepare 
     and submit to the Committee on Armed Services of the House of 
     Representatives and the Committee on Armed Services of the 
     Senate a report that--
       (A) identifies all of the atomic weapons employer 
     facilities; and
       (B) states the number of claims under such subtitle that 
     were denied due to the fact that the initial employment of 
     the atomic weapons employee involved occurred before the 
     covered period when the employer involved was processing or 
     producing material that emitted radiation and was used in the 
     production of an atomic weapon, and the number of related 
     cases.
       (3) Definitions.--As used in this section, the terms 
     ``atomic weapons employee'' and ``atomic weapons employer 
     facilities'' have the meanings given the terms in section 
     3621 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7384l).
                                 ______
                                 
  SA 1526. Mrs. DOLE submitted an amendment intended to be proposed by 
her 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. SENSE OF THE SENATE REGARDING COMMUNITY IMPACT 
                   ASSISTANCE RELATED TO CONSTRUCTION OF NAVY 
                   LANDING FIELD, NORTH CAROLINA.

       It is the sense of the Senate that--
       (1) the planned construction of an outlying landing field 
     in North Carolina is vital to the national security interests 
     of the United States; and
       (2) the Federal Government should provide community impact 
     assistance to those communities directly impacted by the 
     location of the outlying landing field, including--
       (A) economic development assistance;
       (B) impact aid program assistance;
       (C) the provision by cooperative agreement with the Navy of 
     fire, rescue, water, and sewer services;
       (D) access by leasing arrangement to appropriate land for 
     farming for farmers impacted by the location of the landing 
     field;
       (E) direct ad valorem tax relief;
       (F) direct relocation assistance; and
       (G) fair compensation to landowners for property purchased 
     by the Navy.
                                 ______
                                 
  SA 1527. Mrs. BOXER (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her 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, add the following:

     SEC.   . USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN 
                   CASES OF RAPE AND INCEST.

       Section 1093(a) of title 10, United States Code, is amended 
     by inserting before the period at the end the following: ``or 
     in cases in which the pregnancy is the result of an act of 
     rape or incest.''
                                 ______
                                 
  SA 1528. Mr. KERRY 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 237, after line 17, insert the following:

[[Page S8868]]

     SEC. 846. EXTENSION OF SOCIALLY AND ECONOMICALLY 
                   DISADVANTAGED BUSINESS PROGRAM.

       Section 7102(c) of the Federal Acquisition Streamlining Act 
     of 1994 (15 U.S.C. 644 note) is amended by striking 
     ``September 30, 2003'' and inserting ``September 30, 2006''.
                                 ______
                                 
  SA 1529. Mr. VOINOVICH 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 E of title II, add the following:

     SEC. 244. REPORT ON COLLABORATION ON CERTAIN RESEARCH BETWEEN 
                   THE DEPARTMENT OF DEFENSE AND THE NATIONAL 
                   AERONAUTICS AND SPACE ADMINISTRATION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense and the Administrator of 
     the National Aeronautics and Space Administration shall 
     jointly submit to Congress a report setting forth the 
     recommendations of the Secretary and the Administrator 
     regarding the most appropriate means of carrying out 
     collaboration between the Department and the Administration 
     in research on the following:
       (1) Gas turbines.
       (2) Noise and emissions reductions with respect to jet 
     engines.
       (3) Hypersonic propulsion for aircraft flight.
                                 ______
                                 
  SA 1530. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
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 X, add the following:

     SEC. 1023. SENSE OF SENATE ON SECOND HOMEPORT FOR NUCLEAR 
                   AIRCRAFT CARRIERS ON THE EAST COAST OF THE 
                   UNITED STATES.

       (a) Findings.--The Senate makes the following findings:
       (1) The Navy has long recognized the need for sufficient 
     deepwater ports, in both the Atlantic Ocean and the Pacific 
     Ocean, to adequately protect its fleet.
       (2) The Chief of Naval Operations testified before Congress 
     in 2005 that the Navy needs two homeports capable of handling 
     aircraft carriers on each coast of the United States for 
     strategic and security purposes.
       (3) The Navy currently maintains two aircraft carrier 
     homeports on the East Coast of the United States.
       (4) The scheduled decommissioning of the two remaining 
     conventional carriers would leave the Navy with an aircraft 
     carrier fleet consisting entirely of nuclear aircraft 
     carriers.
       (5) The Navy currently possesses only one homeport on the 
     East Coast of the United States capable of handling nuclear 
     aircraft carriers.
       (6) Dispersing the Atlantic aircraft carrier fleet at two 
     ports on the East Coast of the United States is a strategic 
     and security imperative.
       (b) Sense of Senate.--It is the sense of the Senate that a 
     second homeport capable of handling nuclear aircraft carriers 
     should be established on the East Coast of the United States 
     as soon as possible after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1531. Mr. LIEBERMAN 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 D of title X, add the following:

     SEC. 1044. STUDY ON ROLE AND MISSION OF THE DEFENSE ADVANCED 
                   RESEARCH PROJECTS AGENCY.

       (a) Study Required.--The Secretary of Defense shall carry 
     out a study of the role and mission of the Defense Advanced 
     Research Projects Agency (DARPA).
       (b) Content of Study.--The study under subsection (a) shall 
     include the following:
       (1) An examination of unique mission of the Defense 
     Advanced Research Projects Agency at the time of its 
     establishment, and whether there has been a significant 
     change in the need for an organization filling such mission, 
     including an assessment of the current need for the 
     Department of Defense--
       (A) to ensure that the United States maintains clear 
     leadership in all significant areas of basic and applied 
     research having potential relevance to the national security 
     of the United States for the foreseeable future;
       (B) to ensure United States leadership in key areas, such 
     as advanced mathematics or revolutionary materials, not 
     adequately addressed by other departments or agencies of the 
     Federal Government;
       (C) to explore revolutionary approaches to difficult, but 
     critical problems that would not be attempted by research 
     programs with near-term and mid-term development goals;
       (D) to create and foster research teams and partnerships 
     crossing disciplinary lines, including a linkage of academic 
     and private sector entities that would be unlikely to form 
     through traditional research practices; and
       (E) to protect the unique research capacity of research 
     groups in institutions of higher education and ensure that 
     perspectives and insights from research conducted by 
     institutions of higher education continuously stimulate 
     advances in defense research.
       (2) An analysis of whether the mission of the Agency can be 
     fulfilled by other components of the Department of Defense 
     engaged in defense research.
       (3) An identification of recommendations for ensuring that 
     the Agency is capable of carrying out the unique functions 
     assigned to it, which recommendations shall be based on an 
     assessment of whether--
       (A) the Agency is assig11ed a position in the Department of 
     Defense best suited to ensuring that it is evaluated with 
     respect to the mission referred to in paragraph (1);
       (B) the tests applied to the Agency ensure a focus by the 
     Agency on projects relevant to the security interests of the 
     United States without forcing the Agency to engage in 
     projects with immediate relevance to defense applications in 
     the near term;
       (C) the classification of research limits access to key 
     research assets in institutions of higher education and 
     elsewhere, including work by noncitizens;
       (D) the hiring practices for program managers of the Agency 
     ensure that the Agency hires the most qualified individuals 
     and ensures that hired individuals maintain their positions 
     long enough to achieve significant progress complex areas of 
     research;
       (E) the performance review cycles of the Agency hold 
     researchers to the highest standards without requiring fixed, 
     near-term performance requirements that can compromise a 
     focus on breakthrough technologies;
       (F) the Agency--
       (i) under takes appropriate steps to survey all potential 
     areas where revolutionary or breakthrough research may yield 
     critical results; and
       (ii) undertakes adequate methods for establishing 
     priorities;
       (G) the Agency has developed adequate strategies for 
     transferring successful breakthrough research to other 
     research organizations in the Department of Defense or other 
     private or public research organizations; and
       (H) the Agency takes adequate steps to ensure that its 
     priorities and management strategies are held to the highest 
     standards by an independent review group committed to the 
     unique mission of the Agency and capable of ensuring that the 
     Agency remain focused on topics that meet meaningful 
     standards for importance and difficulty.
       (c) Report.--
       (1) In general.--Not later than February 1, 2007, the 
     Secretary shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     results of the study under subsection (a).
       (2) Recommendations.--The report shall include 
     recommendations regarding--
       (A) the appropriate mission of the Defense Advanced 
     Research Projects Agency; and
       (B) whether or not modifications are required for the 
     authorities and resources applicable to the Agency in order 
     to ensure that such mission can be executed with utmost 
     efficiency.
       (d) Role of Defense Science Board.--The Secretary shall act 
     through the Defense Science Board in carrying out the study 
     under subsection (a) and preparing the report under 
     subsection (c).
                                 ______
                                 
  SA 1532. Mr. DORGAN (for himself and Ms. Snowe) 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:

             DIVISION __--IMPORTATION OF PRESCRIPTION DRUGS

              TITLE __--IMPORTATION OF PRESCRIPTION DRUGS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Pharmaceutical Market 
     Access and Drug Safety Act of 2005''.

     SEC. __2. FINDINGS.

       Congress finds that--
       (1) Americans unjustly pay up to 5 times more to fill their 
     prescriptions than consumers in other countries;

[[Page S8869]]

       (2) the United States is the largest market for 
     pharmaceuticals in the world, yet American consumers pay the 
     highest prices for brand pharmaceuticals in the world;
       (3) a prescription drug is neither safe nor effective to an 
     individual who cannot afford it;
       (4) allowing and structuring the importation of 
     prescription drugs to ensure access to safe and affordable 
     drugs approved by the Food and Drug Administration will 
     provide a level of safety to American consumers that they do 
     not currently enjoy;
       (5) American seniors alone will spend $1,800,000,000,000 on 
     pharmaceuticals over the next 10 years; and
       (6) allowing open pharmaceutical markets could save 
     American consumers at least $38,000,000,000 each year.

     SEC. __3. REPEAL OF CERTAIN SECTION REGARDING IMPORTATION OF 
                   PRESCRIPTION DRUGS.

       Chapter VIII of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 381 et seq.) is amended by striking section 804.

     SEC. __4. IMPORTATION OF PRESCRIPTION DRUGS; WAIVER OF 
                   CERTAIN IMPORT RESTRICTIONS.

       (a) In General.--Chapter VIII of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381 et seq.), as amended by 
     section __3, is further amended by inserting after section 
     803 the following:

     ``SEC. 804. COMMERCIAL AND PERSONAL IMPORTATION OF 
                   PRESCRIPTION DRUGS.

       ``(a) Importation of Prescription Drugs.--
       ``(1) In general.--In the case of qualifying drugs imported 
     or offered for import into the United States from registered 
     exporters or by registered importers--
       ``(A) the limitation on importation that is established in 
     section 801(d)(1) is waived; and
       ``(B) the standards referred to in section 801(a) regarding 
     admission of the drugs are subject to subsection (g) of this 
     section (including with respect to qualifying drugs to which 
     section 801(d)(1) does not apply).
       ``(2) Importers.--A qualifying drug may not be imported 
     under paragraph (1) unless--
       ``(A) the drug is imported by a pharmacy, group of 
     pharmacies, or a wholesaler that is a registered importer; or
       ``(B) the drug is imported by an individual for personal 
     use or for the use of a family member of the individual (not 
     for resale) from a registered exporter.
       ``(3) Rule of construction.--This section shall apply only 
     with respect to a drug that is imported or offered for import 
     into the United States--
       ``(A) by a registered importer; or
       ``(B) from a registered exporter to an individual.
       ``(4) Definitions.--
       ``(A) Registered exporter; registered importer.--For 
     purposes of this section:
       ``(i) The term `registered exporter' means an exporter for 
     which a registration under subsection (b) has been approved 
     and is in effect.
       ``(ii) The term `registered importer' means a pharmacy, 
     group of pharmacies, or a wholesaler for which a registration 
     under subsection (b) has been approved and is in effect.
       ``(iii) The term `registration condition' means a condition 
     that must exist for a registration under subsection (b) to be 
     approved.
       ``(B) Qualifying drug.--For purposes of this section, the 
     term `qualifying drug' means a drug for which there is a 
     corresponding U.S. label drug.
       ``(C) U.S. label drug.--For purposes of this section, the 
     term `U.S. label drug' means a prescription drug that--
       ``(i) with respect to a qualifying drug, has the same 
     active ingredient or ingredients, route of administration, 
     dosage form, and strength as the qualifying drug;
       ``(ii) with respect to the qualifying drug, is manufactured 
     by or for the person that manufactures the qualifying drug;
       ``(iii) is approved under section 505(c); and
       ``(iv) is not--

       ``(I) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802);
       ``(II) a biological product, as defined in section 351 of 
     the Public Health Service Act (42 U.S.C. 262), including--

       ``(aa) a therapeutic DNA plasmid product;
       ``(bb) a therapeutic synthetic peptide product;
       ``(cc) a monoclonal antibody product for in vivo use; and
       ``(dd) a therapeutic recombinant DNA-derived product;

       ``(III) an infused drug, including a peritoneal dialysis 
     solution;
       ``(IV) an injected drug;
       ``(V) a drug that is inhaled during surgery;
       ``(VI) a drug that is the listed drug referred to in 2 or 
     more abbreviated new drug applications under which the drug 
     is commercially marketed; or
       ``(VII) a sterile opthlamic drug intended for topical use 
     on or in the eye.

       ``(D) Other definitions.--For purposes of this section:
       ``(i)(I) The term `exporter' means a person that is in the 
     business of exporting a drug to individuals in the United 
     States from Canada or from a permitted country designated by 
     the Secretary under subclause (II), or that, pursuant to 
     submitting a registration under subsection (b), seeks to be 
     in such business.
       ``(II) The Secretary shall designate a permitted country 
     under subparagraph (E) (other than Canada) as a country from 
     which an exporter may export a drug to individuals in the 
     United States if the Secretary determines that--

       ``(aa) the country has statutory or regulatory standards 
     that are equivalent to the standards in the United States and 
     Canada with respect to--

       ``(AA) the training of pharmacists;
       ``(BB) the practice of pharmacy; and
       ``(CC) the protection of the privacy of personal medical 
     information; and

       ``(bb) the importation of drugs to individuals in the 
     United States from the country will not adversely affect 
     public health.

       ``(ii) The term `importer' means a pharmacy, a group of 
     pharmacies, or a wholesaler that is in the business of 
     importing a drug into the United States or that, pursuant to 
     submitting a registration under subsection (b), seeks to be 
     in such business.
       ``(iii) The term `pharmacist' means a person licensed by a 
     State to practice pharmacy, including the dispensing and 
     selling of prescription drugs.
       ``(iv) The term `pharmacy' means a person that--

       ``(I) is licensed by a State to engage in the business of 
     selling prescription drugs at retail; and
       ``(II) employs 1 or more pharmacists.

       ``(v) The term `prescription drug' means a drug that is 
     described in section 503(b)(1).
       ``(vi) The term `wholesaler'--

       ``(I) means a person licensed as a wholesaler or 
     distributor of prescription drugs in the United States under 
     section 503(e)(2)(A); and
       ``(II) does not include a person authorized to import drugs 
     under section 801(d)(1).

       ``(E) Permitted country.--The term `permitted country' 
     means--
       ``(i) Australia;
       ``(ii) Canada;
       ``(iii) a member country of the European Union, but does 
     not include a member country with respect to which--

       ``(I) the country's Annex to the Treaty of Accession to the 
     European Union 2003 includes a transitional measure for the 
     regulation of human pharmaceutical products that has not 
     expired; or
       ``(II) the Secretary determines that the requirements 
     described in subclauses (I) and (II) of clause (vii) will not 
     be met by the date on which such transitional measure for the 
     regulation of human pharmaceutical products expires;

       ``(iv) Japan;
       ``(v) New Zealand;
       ``(vi) Switzerland; and
       ``(vii) a country in which the Secretary determines the 
     following requirements are met:

       ``(I) The country has statutory or regulatory 
     requirements--

       ``(aa) that require the review of drugs for safety and 
     effectiveness by an entity of the government of the country;
       ``(bb) that authorize the approval of only those drugs that 
     have been determined to be safe and effective by experts 
     employed by or acting on behalf of such entity and qualified 
     by scientific training and experience to evaluate the safety 
     and effectiveness of drugs on the basis of adequate and well-
     controlled investigations, including clinical investigations, 
     conducted by experts qualified by scientific training and 
     experience to evaluate the safety and effectiveness of drugs;
       ``(cc) that require the methods used in, and the facilities 
     and controls used for the manufacture, processing, and 
     packing of drugs in the country to be adequate to preserve 
     their identity, quality, purity, and strength;
       ``(dd) for the reporting of adverse reactions to drugs and 
     procedures to withdraw approval and remove drugs found not to 
     be safe or effective; and
       ``(ee) that require the labeling and promotion of drugs to 
     be in accordance with the approval of the drug.

       ``(II) The valid marketing authorization system in the 
     country is equivalent to the systems in the countries 
     described in clauses (i) through (vi).
       ``(III) The importation of drugs to the United States from 
     the country will not adversely affect public health.

       ``(b) Registration of Importers and Exporters.--
       ``(1) Registration of importers and exporters.--A 
     registration condition is that the importer or exporter 
     involved (referred to in this subsection as a `registrant') 
     submits to the Secretary a registration containing the 
     following:
       ``(A)(i) In the case of an exporter, the name of the 
     exporter and an identification of all places of business of 
     the exporter that relate to qualifying drugs, including each 
     warehouse or other facility owned or controlled by, or 
     operated for, the exporter.
       ``(ii) In the case of an importer, the name of the importer 
     and an identification of the places of business of the 
     importer at which the importer initially receives a 
     qualifying drug after importation (which shall not exceed 3 
     places of business except by permission of the Secretary).
       ``(B) Such information as the Secretary determines to be 
     necessary to demonstrate that the registrant is in compliance 
     with registration conditions under--
       ``(i) in the case of an importer, subsections (c), (d), 
     (e), (g), and (j) (relating to the sources of imported 
     qualifying drugs; the inspection of facilities of the 
     importer; the payment of fees; compliance with the standards 
     referred to in section 801(a); and maintenance of records and 
     samples); or

[[Page S8870]]

       ``(ii) in the case of an exporter, subsections (c), (d), 
     (f), (g), (h), (i), and (j) (relating to the sources of 
     exported qualifying drugs; the inspection of facilities of 
     the exporter and the marking of compliant shipments; the 
     payment of fees; and compliance with the standards referred 
     to in section 801(a); being licensed as a pharmacist; 
     conditions for individual importation; and maintenance of 
     records and samples).
       ``(C) An agreement by the registrant that the registrant 
     will not under subsection (a) import or export any drug that 
     is not a qualifying drug.
       ``(D) An agreement by the registrant to--
       ``(i) notify the Secretary of a recall or withdrawal of a 
     qualifying drug distributed in a permitted country that the 
     registrant has exported or imported, or intends to export or 
     import, to the United States under subsection (a);
       ``(ii) provide for the return to the registrant of such 
     drug; and
       ``(iii) cease, or not begin, the exportation or importation 
     of such drug unless the Secretary has notified the registrant 
     that exportation or importation of such drug may proceed.
       ``(E) An agreement by the registrant to ensure and monitor 
     compliance with each registration condition, to promptly 
     correct any noncompliance with such a condition, and to 
     promptly report to the Secretary any such noncompliance.
       ``(F) A plan describing the manner in which the registrant 
     will comply with the agreement under subparagraph (E).
       ``(G) An agreement by the registrant to enforce a contract 
     under subsection (c)(3)(B) against a party in the chain of 
     custody of a qualifying drug with respect to the authority of 
     the Secretary under clauses (ii) and (iii) of that 
     subsection.
       ``(H) An agreement by the registrant to notify the 
     Secretary not more than 30 days before the registrant intends 
     to make the change, of--
       ``(i) any change that the registrant intends to make 
     regarding information provided under subparagraph (A) or (B); 
     and
       ``(ii) any change that the registrant intends to make in 
     the compliance plan under subparagraph (F).
       ``(I) In the case of an exporter--
       ``(i) An agreement by the exporter that a qualifying drug 
     will not under subsection (a) be exported to any individual 
     not authorized pursuant to subsection (a)(2)(B) to be an 
     importer of such drug.
       ``(ii) An agreement to post a bond, payable to the Treasury 
     of the United States that is equal in value to the lesser 
     of--

       ``(I) the value of drugs exported by the exporter to the 
     United States in a typical 4-week period over the course of a 
     year under this section; or
       ``(II) $1,000,000;

       ``(iii) An agreement by the exporter to comply with 
     applicable provisions of Canadian law, or the law of the 
     permitted country designated under subsection 
     (a)(4)(D)(i)(II) in which the exporter is located, that 
     protect the privacy of personal information with respect to 
     each individual importing a prescription drug from the 
     exporter under subsection (a)(2)(B).
       ``(iv) An agreement by the exporter to report to the 
     Secretary--

       ``(I) not later than August 1 of each fiscal year, the 
     total price and the total volume of drugs exported to the 
     United States by the exporter during the 6-month period from 
     January 1 through June 30 of that year; and
       ``(II) not later than January 1 of each fiscal year, the 
     total price and the total volume of drugs exported to the 
     United States by the exporter during the previous fiscal 
     year.

       ``(J) In the case of an importer, an agreement by the 
     importer to report to the Secretary--
       ``(i) not later than August 1 of each fiscal year, the 
     total price and the total volume of drugs imported to the 
     United States by the importer during the 6-month period from 
     January 1 through June 30 of that fiscal year; and
       ``(ii) not later than January 1 of each fiscal year, the 
     total price and the total volume of drugs imported to the 
     United States by the importer during the previous fiscal 
     year.
       ``(K) Such other provisions as the Secretary may require by 
     regulation to protect the public health while permitting--
       ``(i) the importation by pharmacies, groups of pharmacies, 
     and wholesalers as registered importers of qualifying drugs 
     under subsection (a); and
       ``(ii) importation by individuals of qualifying drugs under 
     subsection (a).
       ``(2) Approval or disapproval of registration.--
       ``(A) In general.--Not later than 90 days after the date on 
     which a registrant submits to the Secretary a registration 
     under paragraph (1), the Secretary shall notify the 
     registrant whether the registration is approved or is 
     disapproved. The Secretary shall disapprove a registration if 
     there is reason to believe that the registrant is not in 
     compliance with one or more registration conditions, and 
     shall notify the registrant of such reason. In the case of a 
     disapproved registration, the Secretary shall subsequently 
     notify the registrant that the registration is approved if 
     the Secretary determines that the registrant is in compliance 
     with such conditions.
       ``(B) Changes in registration information.--Not later than 
     30 days after receiving a notice under paragraph (1)(H) from 
     a registrant, the Secretary shall determine whether the 
     change involved affects the approval of the registration of 
     the registrant under paragraph (1), and shall inform the 
     registrant of the determination.
       ``(3) Publication of contact information for registered 
     exporters.--Through the Internet website of the Food and Drug 
     Administration and a toll-free telephone number, the 
     Secretary shall make readily available to the public a list 
     of registered exporters, including contact information for 
     the exporters. Promptly after the approval of a registration 
     submitted under paragraph (1), the Secretary shall update the 
     Internet website and the information provided through the 
     toll-free telephone number accordingly.
       ``(4) Suspension and termination.--
       ``(A) Suspension.--With respect to the effectiveness of a 
     registration submitted under paragraph (1):
       ``(i) Subject to clause (ii), the Secretary may suspend the 
     registration if the Secretary determines, after notice and 
     opportunity for a hearing, that the registrant has failed to 
     maintain substantial compliance with a registration 
     condition.
       ``(ii) If the Secretary determines that, under color of the 
     registration, the exporter has exported a drug or the 
     importer has imported a drug that is not a qualifying drug, 
     or a drug that does not comply with subsection (g)(2)(A) or 
     (g)(4), or has exported a qualifying drug to an individual in 
     violation of subsection (i)(2)(F), the Secretary shall 
     immediately suspend the registration. A suspension under the 
     preceding sentence is not subject to the provision by the 
     Secretary of prior notice, and the Secretary shall provide to 
     the registrant an opportunity for a hearing not later than 10 
     days after the date on which the registration is suspended.
       ``(iii) The Secretary may reinstate the registration, 
     whether suspended under clause (i) or (ii), if the Secretary 
     determines that the registrant has demonstrated that further 
     violations of registration conditions will not occur.
       ``(B) Termination.--The Secretary, after notice and 
     opportunity for a hearing, may terminate the registration 
     under paragraph (1) of a registrant if the Secretary 
     determines that the registrant has engaged in a pattern or 
     practice of violating 1 or more registration conditions, or 
     if on 1 or more occasions the Secretary has under 
     subparagraph (A)(ii) suspended the registration of the 
     registrant. The Secretary may make the termination permanent, 
     or for a fixed period of not less than 1 year. During the 
     period in which the registration is terminated, any 
     registration submitted under paragraph (1) by the registrant, 
     or a person that is a partner in the export or import 
     enterprise, or a principal officer in such enterprise, and 
     any registration prepared with the assistance of the 
     registrant or such a person, has no legal effect under this 
     section.
       ``(5) Default of bond.--A bond required to be posted by an 
     exporter under paragraph (1)(I)(ii) shall be defaulted and 
     paid to the Treasury of the United States if, after 
     opportunity for an informal hearing, the Secretary determines 
     that the exporter has--
       ``(A) exported a drug to the United States that is not a 
     qualifying drug or that is not in compliance with subsection 
     (g)(2)(A), (g)(4), or (i); or
       ``(B) failed to permit the Secretary to conduct an 
     inspection described under subsection (d).
       ``(c) Sources of Qualifying Drugs.--A registration 
     condition is that the exporter or importer involved agrees 
     that a qualifying drug will under subsection (a) be exported 
     or imported into the United States only if there is 
     compliance with the following:
       ``(1) The drug was manufactured in an establishment--
       ``(A) required to register under subsection (h) or (i) of 
     section 510; and
       ``(B)(i) inspected by the Secretary; or
       ``(ii) for which the Secretary has elected to rely on a 
     satisfactory report of a good manufacturing practice 
     inspection of the establishment from a permitted country 
     whose regulatory system the Secretary recognizes as 
     equivalent under a mutual recognition agreement, as provided 
     for under section 510(i)(3), section 803, or part 26 of title 
     21, Code of Federal Regulations (or any corresponding 
     successor rule or regulation).
       ``(2) The establishment is located in any country, and the 
     establishment manufactured the drug for distribution in the 
     United States or for distribution in 1 or more of the 
     permitted countries (without regard to whether in addition 
     the drug is manufactured for distribution in a foreign 
     country that is not a permitted country).
       ``(3) The exporter or importer obtained the drug--
       ``(A) directly from the establishment; or
       ``(B) directly from an entity that, by contract with the 
     exporter or importer--
       ``(i) provides to the exporter or importer a statement (in 
     such form and containing such information as the Secretary 
     may require) that, for the chain of custody from the 
     establishment, identifies each prior sale, purchase, or trade 
     of the drug (including the date of the transaction and the 
     names and addresses of all parties to the transaction);
       ``(ii) agrees to permit the Secretary to inspect such 
     statements and related records to determine their accuracy;
       ``(iii) agrees, with respect to the qualifying drugs 
     involved, to permit the Secretary to inspect warehouses and 
     other facilities, including records, of the entity for 
     purposes of determining whether the facilities are in 
     compliance with any standards under this

[[Page S8871]]

     Act that are applicable to facilities of that type in the 
     United States; and
       ``(iv) has ensured, through such contractual relationships 
     as may be necessary, that the Secretary has the same 
     authority regarding other parties in the chain of custody 
     from the establishment that the Secretary has under clauses 
     (ii) and (iii) regarding such entity.
       ``(4)(A) The foreign country from which the importer will 
     import the drug is a permitted country; or
       ``(B) The foreign country from which the exporter will 
     export the drug is the permitted country in which the 
     exporter is located.
       ``(5) During any period in which the drug was not in the 
     control of the manufacturer of the drug, the drug did not 
     enter any country that is not a permitted country.
       ``(6) The exporter or importer retains a sample of each lot 
     of the drug sufficient for testing by the Secretary.
       ``(d) Inspection of Facilities; Marking of Shipments.--
       ``(1) Inspection of facilities.--A registration condition 
     is that, for the purpose of assisting the Secretary in 
     determining whether the exporter involved is in compliance 
     with all other registration conditions--
       ``(A) the exporter agrees to permit the Secretary--
       ``(i) to conduct onsite inspections, including monitoring 
     on a day-to-day basis, of places of business of the exporter 
     that relate to qualifying drugs, including each warehouse or 
     other facility owned or controlled by, or operated for, the 
     exporter;
       ``(ii) to have access, including on a day-to-day basis, 
     to--

       ``(I) records of the exporter that relate to the export of 
     such drugs, including financial records; and
       ``(II) samples of such drugs;

       ``(iii) to carry out the duties described in paragraph (3); 
     and
       ``(iv) to carry out any other functions determined by the 
     Secretary to be necessary regarding the compliance of the 
     exporter; and
       ``(B) the Secretary has assigned 1 or more employees of the 
     Secretary to carry out the functions described in this 
     subsection for the Secretary randomly, but not less than 12 
     times annually, on the premises of places of businesses 
     referred to in subparagraph (A)(i), and such an assignment 
     remains in effect on a continuous basis.
       ``(2) Marking of compliant shipments.--A registration 
     condition is that the exporter involved agrees to affix to 
     each shipping container of qualifying drugs exported under 
     subsection (a) such markings as the Secretary determines to 
     be necessary to identify the shipment as being in compliance 
     with all registration conditions. Markings under the 
     preceding sentence shall--
       ``(A) be designed to prevent affixation of the markings to 
     any shipping container that is not authorized to bear the 
     markings; and
       ``(B) include anticounterfeiting or track-and-trace 
     technologies, taking into account the economic and technical 
     feasibility of those technologies.
       ``(3) Certain duties relating to exporters.--Duties of the 
     Secretary with respect to an exporter include the following:
       ``(A) Inspecting, randomly, but not less than 12 times 
     annually, the places of business of the exporter at which 
     qualifying drugs are stored and from which qualifying drugs 
     are shipped.
       ``(B) During the inspections under subparagraph (A), 
     verifying the chain of custody of a statistically significant 
     sample of qualifying drugs from the establishment in which 
     the drug was manufactured to the exporter, which shall be 
     accomplished or supplemented by the use of anticounterfeiting 
     or track-and-trace technologies, taking into account the 
     economic and technical feasibility of those technologies, 
     except that a drug that lacks such technologies from the 
     point of manufacture shall not for that reason be excluded 
     from importation by an exporter.
       ``(C) Randomly reviewing records of exports to individuals 
     for the purpose of determining whether the drugs are being 
     imported by the individuals in accordance with the conditions 
     under subsection (i). Such reviews shall be conducted in a 
     manner that will result in a statistically significant 
     determination of compliance with all such conditions.
       ``(D) Monitoring the affixing of markings under paragraph 
     (2).
       ``(E) Inspecting as the Secretary determines is necessary 
     the warehouses and other facilities, including records, of 
     other parties in the chain of custody of qualifying drugs.
       ``(F) Determining whether the exporter is in compliance 
     with all other registration conditions.
       ``(4) Prior notice of shipments.--A registration condition 
     is that, not less than 8 hours and not more than 5 days in 
     advance of the time of the importation of a shipment of 
     qualifying drugs, the importer involved agrees to submit to 
     the Secretary a notice with respect to the shipment of drugs 
     to be imported or offered for import into the United States 
     under subsection (a). A notice under the preceding sentence 
     shall include--
       ``(A) the name and complete contact information of the 
     person submitting the notice;
       ``(B) the name and complete contact information of the 
     importer involved;
       ``(C) the identity of the drug, including the established 
     name of the drug, the quantity of the drug, and the lot 
     number assigned by the manufacturer;
       ``(D) the identity of the manufacturer of the drug, 
     including the identity of the establishment at which the drug 
     was manufactured;
       ``(E) the country from which the drug is shipped;
       ``(F) the name and complete contact information for the 
     shipper of the drug;
       ``(G) anticipated arrival information, including the port 
     of arrival and crossing location within that port, and the 
     date and time;
       ``(H) a summary of the chain of custody of the drug from 
     the establishment in which the drug was manufactured to the 
     importer;
       ``(I) a declaration as to whether the Secretary has ordered 
     that importation of the drug from the permitted country cease 
     under subsection (g)(2)(C) or (D); and
       ``(J) such other information as the Secretary may require 
     by regulation.
       ``(5) Marking of compliant shipments.--A registration 
     condition is that the importer involved agrees, before 
     wholesale distribution (as defined in section 503(e)) of a 
     qualifying drug that has been imported under subsection (a), 
     to affix to each container of such drug such markings or 
     other technology as the Secretary determines necessary to 
     identify the shipment as being in compliance with all 
     registration conditions, except that the markings or other 
     technology shall not be required on a drug that bears 
     comparable, compatible markings or technology from the 
     manufacturer of the drug. Markings or other technology under 
     the preceding sentence shall--
       ``(A) be designed to prevent affixation of the markings or 
     other technology to any container that is not authorized to 
     bear the markings; and
       ``(B) shall include anticounterfeiting or track-and-trace 
     technologies, taking into account the economic and technical 
     feasibility of such technologies.
       ``(6) Certain duties relating to importers.--Duties of the 
     Secretary with respect to an importer include the following:
       ``(A) Inspecting, randomly, but not less than 12 times 
     annually, the places of business of the importer at which a 
     qualifying drug is initially received after importation.
       ``(B) During the inspections under subparagraph (A), 
     verifying the chain of custody of a statistically significant 
     sample of qualifying drugs from the establishment in which 
     the drug was manufactured to the importer, which shall be 
     accomplished or supplemented by the use of anticounterfeiting 
     or track-and-trace technologies, taking into account the 
     economic and technical feasibility of those technologies, 
     except that a drug that lacks such technologies from the 
     point of manufacture shall not for that reason be excluded 
     from importation by an importer.
       ``(C) Reviewing notices under paragraph (4).
       ``(D) Inspecting as the Secretary determines is necessary 
     the warehouses and other facilities, including records of 
     other parties in the chain of custody of qualifying drugs.
       ``(E) Determining whether the importer is in compliance 
     with all other registration conditions.
       ``(e) Importer Fees.--
       ``(1) Registration fee.--A registration condition is that 
     the importer involved pays to the Secretary a fee of $10,000 
     due on the date on which the importer first submits the 
     registration to the Secretary under subsection (b).
       ``(2) Inspection fee.--A registration condition is that the 
     importer involved pays a fee to the Secretary in accordance 
     with this subsection. Such fee shall be paid not later than 
     October 1 and April 1 of each fiscal year in the amount 
     provided for under paragraph (3).
       ``(3) Amount of inspection fee.--
       ``(A) Aggregate total of fees.--Not later than 30 days 
     before the start of each fiscal year, the Secretary, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of the Treasury, shall establish an aggregate total 
     of fees to be collected under paragraph (2) for importers for 
     that fiscal year that is sufficient, and not more than 
     necessary, to pay the costs for that fiscal year of 
     administering this section with respect to registered 
     importers, including the costs associated with--
       ``(i) inspecting the facilities of registered importers, 
     and of other entities in the chain of custody of a qualifying 
     drug as necessary, under subsection (d)(6);
       ``(ii) developing, implementing, and operating under such 
     subsection an electronic system for submission and review of 
     the notices required under subsection (d)(4) with respect to 
     shipments of qualifying drugs under subsection (a) to assess 
     compliance with all registration conditions when such 
     shipments are offered for import into the United States; and
       ``(iii) inspecting such shipments as necessary, when 
     offered for import into the United States to determine if 
     such a shipment should be refused admission under subsection 
     (g)(5).
       ``(B) Limitation.--Subject to subparagraph (C), the 
     aggregate total of fees collected under paragraph (2) for a 
     fiscal year shall not exceed 1 percent of the total price of 
     qualifying drugs imported during that fiscal year into the 
     United States by registered importers under subsection (a).
       ``(C) Total price of drugs.--
       ``(i) Estimate.--For the purposes of complying with the 
     limitation described in subparagraph (B) when establishing 
     under subparagraph (A) the aggregate total of fees to be 
     collected under paragraph (2) for a fiscal year, the 
     Secretary shall estimate the total price of qualifying drugs 
     imported into the

[[Page S8872]]

     United States by registered importers during that fiscal year 
     by adding the total price of qualifying drugs imported by 
     each registered importer during the 6-month period from 
     January 1 through June 30 of the previous fiscal year, as 
     reported to the Secretary by each registered importer under 
     subsection (b)(1)(J).
       ``(ii) Calculation.--Not later than March 1 of the fiscal 
     year that follows the fiscal year for which the estimate 
     under clause (i) is made, the Secretary shall calculate the 
     total price of qualifying drugs imported into the United 
     States by registered importers during that fiscal year by 
     adding the total price of qualifying drugs imported by each 
     registered importer during that fiscal year, as reported to 
     the Secretary by each registered importer under subsection 
     (b)(1)(J).
       ``(iii) Adjustment.--If the total price of qualifying drugs 
     imported into the United States by registered importers 
     during a fiscal year as calculated under clause (ii) is less 
     than the aggregate total of fees collected under paragraph 
     (2) for that fiscal year, the Secretary shall provide for a 
     pro-rata reduction in the fee due from each registered 
     importer on April 1 of the subsequent fiscal year so that the 
     limitation described in subparagraph (B) is observed.
       ``(D) Individual importer fee.--Subject to the limitation 
     described in subparagraph (B), the fee under paragraph (2) to 
     be paid on October 1 and April 1 by an importer shall be an 
     amount that is proportional to a reasonable estimate by the 
     Secretary of the semiannual share of the importer of the 
     volume of qualifying drugs imported by importers under 
     subsection (a).
       ``(4) Use of fees.--
       ``(A) In general.--Subject to appropriations Acts, fees 
     collected by the Secretary under paragraphs (1) and (2) shall 
     be credited to the appropriation account for salaries and 
     expenses of the Food and Drug Administration until expended 
     (without fiscal year limitation), and the Secretary may, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of the Treasury, transfer some proportion of such 
     fees to the appropriation account for salaries and expenses 
     of the Bureau of Customs and Border Protection until expended 
     (without fiscal year limitation).
       ``(B) Sole purpose.--Fees collected by the Secretary under 
     paragraphs (1) and (2) are only available to the Secretary 
     and, if transferred, to the Secretary of Homeland Security, 
     and are for the sole purpose of paying the costs referred to 
     in paragraph (3)(A).
       ``(5) Collection of fees.--In any case where the Secretary 
     does not receive payment of a fee assessed under paragraph 
     (1) or (2) within 30 days after it is due, such fee shall be 
     treated as a claim of the United States Government subject to 
     subchapter II of chapter 37 of title 31, United States Code.
       ``(f) Exporter Fees.--
       ``(1) Registration fee.--A registration condition is that 
     the exporter involved pays to the Secretary a fee of $10,000 
     due on the date on which the exporter first submits that 
     registration to the Secretary under subsection (b).
       ``(2) Inspection fee.--A registration condition is that the 
     exporter involved pays a fee to the Secretary in accordance 
     with this subsection. Such fee shall be paid not later than 
     October 1 and April 1 of each fiscal year in the amount 
     provided for under paragraph (3).
       ``(3) Amount of inspection fee.--
       ``(A) Aggregate total of fees.--Not later than 30 days 
     before the start of each fiscal year, the Secretary, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of the Treasury, shall establish an aggregate total 
     of fees to be collected under paragraph (2) for exporters for 
     that fiscal year that is sufficient, and not more than 
     necessary, to pay the costs for that fiscal year of 
     administering this section with respect to registered 
     exporters, including the costs associated with--
       ``(i) inspecting the facilities of registered exporters, 
     and of other entities in the chain of custody of a qualifying 
     drug as necessary, under subsection (d)(3);
       ``(ii) developing, implementing, and operating under such 
     subsection a system to screen marks on shipments of 
     qualifying drugs under subsection (a) that indicate 
     compliance with all registration conditions, when such 
     shipments are offered for import into the United States; and
       ``(iii) screening such markings, and inspecting such 
     shipments as necessary, when offered for import into the 
     United States to determine if such a shipment should be 
     refused admission under subsection (g)(5).
       ``(B) Limitation.--Subject to subparagraph (C), the 
     aggregate total of fees collected under paragraph (2) for a 
     fiscal year shall not exceed 1 percent of the total price of 
     qualifying drugs imported during that fiscal year into the 
     United States by registered exporters under subsection (a).
       ``(C) Total price of drugs.--
       ``(i) Estimate.--For the purposes of complying with the 
     limitation described in subparagraph (B) when establishing 
     under subparagraph (A) the aggregate total of fees to be 
     collected under paragraph (2) for a fiscal year, the 
     Secretary shall estimate the total price of qualifying drugs 
     imported into the United States by registered exporters 
     during that fiscal year by adding the total price of 
     qualifying drugs exported by each registered exporter during 
     the 6-month period from January 1 through June 30 of the 
     previous fiscal year, as reported to the Secretary by each 
     registered exporter under subsection (b)(1)(I)(iv).
       ``(ii) Calculation.--Not later than March 1 of the fiscal 
     year that follows the fiscal year for which the estimate 
     under clause (i) is made, the Secretary shall calculate the 
     total price of qualifying drugs imported into the United 
     States by registered exporters during that fiscal year by 
     adding the total price of qualifying drugs exported by each 
     registered exporter during that fiscal year, as reported to 
     the Secretary by each registered exporter under subsection 
     (b)(1)(I)(iv).
       ``(iii) Adjustment.--If the total price of qualifying drugs 
     imported into the United States by registered exporters 
     during a fiscal year as calculated under clause (ii) is less 
     than the aggregate total of fees collected under paragraph 
     (2) for that fiscal year, the Secretary shall provide for a 
     pro-rata reduction in the fee due from each registered 
     exporter on April 1 of the subsequent fiscal year so that the 
     limitation described in subparagraph (B) is observed.
       ``(D) Individual exporter fee.--Subject to the limitation 
     described in subparagraph (B), the fee under paragraph (2) to 
     be paid on October 1 and April 1 by an exporter shall be an 
     amount that is proportional to a reasonable estimate by the 
     Secretary of the semiannual share of the exporter of the 
     volume of qualifying drugs exported by exporters under 
     subsection (a).
       ``(4) Use of fees.--
       ``(A) In general.--Subject to appropriations Acts, fees 
     collected by the Secretary under paragraphs (1) and (2) shall 
     be credited to the appropriation account for salaries and 
     expenses of the Food and Drug Administration until expended 
     (without fiscal year limitation), and the Secretary may, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of the Treasury, transfer some proportion of such 
     fees to the appropriation account for salaries and expenses 
     of the Bureau of Customs and Border Protection until expended 
     (without fiscal year limitation).
       ``(B) Sole purpose.--Fees collected by the Secretary under 
     paragraphs (1) and (2) are only available to the Secretary 
     and, if transferred, to the Secretary of Homeland Security, 
     and are for the sole purpose of paying the costs referred to 
     in paragraph (3)(A).
       ``(5) Collection of fees.--In any case where the Secretary 
     does not receive payment of a fee assessed under paragraph 
     (1) or (2) within 30 days after it is due, such fee shall be 
     treated as a claim of the United States Government subject to 
     subchapter II of chapter 37 of title 31, United States Code.
       ``(g) Compliance With Section 801(A).--
       ``(1) In general.--A registration condition is that each 
     qualifying drug exported under subsection (a) by the 
     registered exporter involved or imported under subsection (a) 
     by the registered importer involved is in compliance with the 
     standards referred to in section 801(a) regarding admission 
     of the drug into the United States, subject to paragraphs 
     (2), (3), and (4).
       ``(2) Section 505; approval status.--
       ``(A) In general.--A qualifying drug that is imported or 
     offered for import under subsection (a) shall comply with the 
     conditions established in the approved application under 
     section 505(b) for the U.S. label drug as described under 
     this subsection.
       ``(B) Notice by manufacturer; general provisions.--
       ``(i) In general.--The person that manufactures a 
     qualifying drug that is, or will be, introduced for 
     commercial distribution in a permitted country shall in 
     accordance with this paragraph submit to the Secretary a 
     notice that--

       ``(I) includes each difference in the qualifying drug from 
     a condition established in the approved application for the 
     U.S. label drug beyond--

       ``(aa) the variations provided for in the application; and
       ``(bb) any difference in labeling (except ingredient 
     labeling); or

       ``(II) states that there is no difference in the qualifying 
     drug from a condition established in the approved application 
     for the U.S. label drug beyond--

       ``(aa) the variations provided for in the application; and
       ``(bb) any difference in labeling (except ingredient 
     labeling).
       ``(ii) Information in notice.--A notice under clause (i)(I) 
     shall include the information that the Secretary may require 
     under section 506A, any additional information the Secretary 
     may require (which may include data on bioequivalence if such 
     data are not required under section 506A), and, with respect 
     to the permitted country that approved the qualifying drug 
     for commercial distribution, or with respect to which such 
     approval is sought, include the following:

       ``(I) The date on which the qualifying drug with such 
     difference was, or will be, introduced for commercial 
     distribution in the permitted country.
       ``(II) Information demonstrating that the person submitting 
     the notice has also notified the government of the permitted 
     country in writing that the person is submitting to the 
     Secretary a notice under clause (i)(I), which notice 
     describes the difference in the qualifying drug from a 
     condition established in the approved application for the 
     U.S. label drug.
       ``(III) The information that the person submitted or will 
     submit to the government of the permitted country for 
     purposes of obtaining approval for commercial distribution of 
     the drug in the country which, if in a language other than 
     English, shall be accompanied by an English translation 
     verified to be complete and accurate, with the name,

[[Page S8873]]

     address, and a brief statement of the qualifications of the 
     person that made the translation.

       ``(iii) Certifications.--The chief executive officer and 
     the chief medical officer of the manufacturer involved shall 
     each certify in the notice under clause (i) that--

       ``(I) the information provided in the notice is complete 
     and true; and
       ``(II) a copy of the notice has been provided to the 
     Federal Trade Commission and to the State attorneys general.

       ``(iv) Fee.--If a notice submitted under clause (i) 
     includes a difference that would, under section 506A, require 
     the submission of a supplemental application if made as a 
     change to the U.S. label drug, the person that submits the 
     notice shall pay to the Secretary a fee in the same amount as 
     would apply if the person were paying a fee pursuant to 
     section 736(a)(1)(A)(ii). Subject to appropriations Acts, 
     fees collected by the Secretary under the preceding sentence 
     are available only to the Secretary and are for the sole 
     purpose of paying the costs of reviewing notices submitted 
     under clause (i).
       ``(v) Timing of submission of notices.--

       ``(I) Prior approval notices.--A notice under clause (i) to 
     which subparagraph (C) applies shall be submitted to the 
     Secretary not later than 120 days before the qualifying drug 
     with the difference is introduced for commercial distribution 
     in a permitted country, unless the country requires that 
     distribution of the qualifying drug with the difference begin 
     less than 120 days after the country requires the difference.
       ``(II) Other approval notices.--A notice under clause (i) 
     to which subparagraph (D) applies shall be submitted to the 
     Secretary not later than the day on which the qualifying drug 
     with the difference is introduced for commercial distribution 
     in a permitted country.
       ``(III) Other notices.--A notice under clause (i) to which 
     subparagraph (E) applies shall be submitted to the Secretary 
     on the date that the qualifying drug is first introduced for 
     commercial distribution in a permitted country and annually 
     thereafter.

       ``(vi) Review by secretary.--

       ``(I) In general.--In this paragraph, the difference in a 
     qualifying drug that is submitted in a notice under clause 
     (i) from the U.S. label drug shall be treated by the 
     Secretary as if it were a manufacturing change to the U.S. 
     label drug under section 506A.
       ``(II) Standard of review.--Except as provided in subclause 
     (III), the Secretary shall review and approve or disapprove 
     the difference in a notice submitted under clause (i), if 
     required under section 506A, using the safe and effective 
     standard for approving or disapproving a manufacturing change 
     under section 506A.
       ``(III) Bioequivalence.--If the Secretary would approve the 
     difference in a notice submitted under clause (i) using the 
     safe and effective standard under section 506A and if the 
     Secretary determines that the qualifying drug is not 
     bioequivalent to the U.S. label drug, the Secretary may--

       ``(aa) include in the labeling provided under paragraph (3) 
     a prominent advisory that the qualifying drug is safe and 
     effective but is not bioequivalent to the U.S. label drug if 
     the Secretary determines that such an advisory is necessary 
     for health care practitioners and patients to use the 
     qualifying drug safely and effectively; or
       ``(bb) decline to approve the difference if the Secretary 
     determines that the availability of both the qualifying drug 
     and the U.S. label drug would pose a threat to the public 
     health.

       ``(IV) Review by the secretary.--The Secretary shall review 
     and approve or disapprove the difference in a notice 
     submitted under clause (i), if required under section 506A, 
     not later than 120 days after the date on which the notice is 
     submitted.
       ``(V) Establishment inspection.--If review of such 
     difference would require an inspection of the establishment 
     in which the qualifying drug is manufactured--

       ``(aa) such inspection by the Secretary shall be 
     authorized; and
       ``(bb) the Secretary may rely on a satisfactory report of a 
     good manufacturing practice inspection of the establishment 
     from a permitted country whose regulatory system the 
     Secretary recognizes as equivalent under a mutual recognition 
     agreement, as provided under section 510(i)(3), section 803, 
     or part 26 of title 21, Code of Federal Regulations (or any 
     corresponding successor rule or regulation).
       ``(vii) Publication of information on notices.--

       ``(I) In general.--Through the Internet website of the Food 
     and Drug Administration and a toll-free telephone number, the 
     Secretary shall readily make available to the public a list 
     of notices submitted under clause (i).
       ``(II) Contents.--The list under subclause (I) shall 
     include the date on which a notice is submitted and whether--

       ``(aa) a notice is under review;
       ``(bb) the Secretary has ordered that importation of the 
     qualifying drug from a permitted country cease; or
       ``(cc) the importation of the drug is permitted under 
     subsection (a).

       ``(III) Update.--The Secretary shall promptly update the 
     Internet website with any changes to the list.

       ``(C) Notice; drug difference requiring prior approval.--In 
     the case of a notice under subparagraph (B)(i) that includes 
     a difference that would, under section 506A(c) or 
     (d)(3)(B)(i), require the approval of a supplemental 
     application before the difference could be made to the U.S. 
     label drug the following shall occur:
       ``(i) Promptly after the notice is submitted, the Secretary 
     shall notify registered exporters, registered importers, the 
     Federal Trade Commission, and the State attorneys general 
     that the notice has been submitted with respect to the 
     qualifying drug involved.
       ``(ii) If the Secretary has not made a determination 
     whether such a supplemental application regarding the U.S. 
     label drug would be approved or disapproved by the date on 
     which the qualifying drug involved is to be introduced for 
     commercial distribution in a permitted country, the Secretary 
     shall--

       ``(I) order that the importation of the qualifying drug 
     involved from the permitted country not begin until the 
     Secretary completes review of the notice; and
       ``(II) promptly notify registered exporters, registered 
     importers, the Federal Trade Commission, and the State 
     attorneys general of the order.

       ``(iii) If the Secretary determines that such a 
     supplemental application regarding the U.S. label drug would 
     not be approved, the Secretary shall--

       ``(I) order that the importation of the qualifying drug 
     involved from the permitted country cease, or provide that an 
     order under clause (ii), if any, remains in effect;
       ``(II) notify the permitted country that approved the 
     qualifying drug for commercial distribution of the 
     determination; and
       ``(III) promptly notify registered exporters, registered 
     importers, the Federal Trade Commission, and the State 
     attorneys general of the determination.

       ``(iv) If the Secretary determines that such a supplemental 
     application regarding the U.S. label drug would be approved, 
     the Secretary shall--

       ``(I) vacate the order under clause (ii), if any;
       ``(II) consider the difference to be a variation provided 
     for in the approved application for the U.S. label drug;
       ``(III) permit importation of the qualifying drug under 
     subsection (a); and
       ``(IV) promptly notify registered exporters, registered 
     importers, the Federal Trade Commission, and the State 
     attorneys general of the determination.

       ``(D) Notice; drug difference not requiring prior 
     approval.--In the case of a notice under subparagraph (B)(i) 
     that includes a difference that would, under section 
     506A(d)(3)(B)(ii), not require the approval of a supplemental 
     application before the difference could be made to the U.S. 
     label drug the following shall occur:
       ``(i) During the period in which the notice is being 
     reviewed by the Secretary, the authority under this 
     subsection to import the qualifying drug involved continues 
     in effect.
       ``(ii) If the Secretary determines that such a supplemental 
     application regarding the U.S. label drug would not be 
     approved, the Secretary shall--

       ``(I) order that the importation of the qualifying drug 
     involved from the permitted country cease;
       ``(II) notify the permitted country that approved the 
     qualifying drug for commercial distribution of the 
     determination; and
       ``(III) promptly notify registered exporters, registered 
     importers, the Federal Trade Commission, and the State 
     attorneys general of the determination.

       ``(iii) If the Secretary determines that such a 
     supplemental application regarding the U.S. label drug would 
     be approved, the difference shall be considered to be a 
     variation provided for in the approved application for the 
     U.S. label drug.
       ``(E) Notice; drug difference not requiring approval; no 
     difference.--In the case of a notice under subparagraph 
     (B)(i) that includes a difference for which, under section 
     506A(d)(1)(A), a supplemental application would not be 
     required for the difference to be made to the U.S. label 
     drug, or that states that there is no difference, the 
     Secretary--
       ``(i) shall consider such difference to be a variation 
     provided for in the approved application for the U.S. label 
     drug;
       ``(ii) may not order that the importation of the qualifying 
     drug involved cease; and
       ``(iii) shall promptly notify registered exporters and 
     registered importers.
       ``(F) Differences in active ingredient, route of 
     administration, dosage form, or strength.--
       ``(i) In general.--A person who manufactures a drug 
     approved under section 505(b) shall submit an application 
     under section 505(b) for approval of another drug that is 
     manufactured for distribution in a permitted country by or 
     for the person that manufactures the drug approved under 
     section 505(b) if--

       ``(I) there is no qualifying drug in commercial 
     distribution in permitted countries whose combined population 
     represents at least 50 percent of the total population of all 
     permitted countries with the same active ingredient or 
     ingredients, route of administration, dosage form, and 
     strength as the drug approved under section 505(b); and
       ``(II) each active ingredient of the other drug is related 
     to an active ingredient of the drug approved under section 
     505(b), as defined in clause (v).

       ``(ii) Application under section 505(b).--The application 
     under section 505(b) required under clause (i) shall--

       ``(I) request approval of the other drug for the indication 
     or indications for which the drug approved under section 
     505(b) is labeled;

[[Page S8874]]

       ``(II) include the information that the person submitted to 
     the government of the permitted country for purposes of 
     obtaining approval for commercial distribution of the other 
     drug in that country, which if in a language other than 
     English, shall be accompanied by an English translation 
     verified to be complete and accurate, with the name, address, 
     and a brief statement of the qualifications of the person 
     that made the translation;
       ``(III) include a right of reference to the application for 
     the drug approved under section 505(b); and
       ``(IV) include such additional information as the Secretary 
     may require.

       ``(iii) Timing of submission of application.--An 
     application under section 505(b) required under clause (i) 
     shall be submitted to the Secretary not later than the day on 
     which the information referred to in clause (ii)(II) is 
     submitted to the government of the permitted country.
       ``(iv) Notice of decision on application.--The Secretary 
     shall promptly notify registered exporters, registered 
     importers, the Federal Trade Commission, and the State 
     attorneys general of a determination to approve or to 
     disapprove an application under section 505(b) required under 
     clause (i).
       ``(v) Related active ingredients.--For purposes of clause 
     (i)(II), 2 active ingredients are related if they are--

       ``(I) the same; or
       ``(II) different salts, esters, or complexes of the same 
     moiety.

       ``(3) Section 502; labeling.--
       ``(A) Importation by registered importer.--
       ``(i) In general.--In the case of a qualifying drug that is 
     imported or offered for import by a registered importer, such 
     drug shall be considered to be in compliance with section 502 
     and the labeling requirements under the approved application 
     for the U.S. label drug if the qualifying drug bears--

       ``(I) a copy of the labeling approved for the U.S. label 
     drug under section 505, without regard to whether the copy 
     bears any trademark involved;
       ``(II) the name of the manufacturer and location of the 
     manufacturer;
       ``(III) the lot number assigned by the manufacturer;
       ``(IV) the name, location, and registration number of the 
     importer; and
       ``(V) the National Drug Code number assigned to the 
     qualifying drug by the Secretary.

       ``(ii) Request for copy of the labeling.--The Secretary 
     shall provide such copy to the registered importer involved, 
     upon request of the importer.
       ``(iii) Requested labeling.--The labeling provided by the 
     Secretary under clause (ii) shall--

       ``(I) include the established name, as defined in section 
     502(e)(3), for each active ingredient in the qualifying drug;
       ``(II) not include the proprietary name of the U.S. label 
     drug or any active ingredient thereof;
       ``(III) if required under paragraph (2)(B)(vi)(III), a 
     prominent advisory that the qualifying drug is safe and 
     effective but not bioequivalent to the U.S. label drug; and
       ``(IV) if the inactive ingredients of the qualifying drug 
     are different from the inactive ingredients for the U.S. 
     label drug, include--

       ``(aa) a prominent notice that the ingredients of the 
     qualifying drug differ from the ingredients of the U.S. label 
     drug and that the qualifying drug must be dispensed with an 
     advisory to people with allergies about this difference and a 
     list of ingredients; and
       ``(bb) a list of the ingredients of the qualifying drug as 
     would be required under section 502(e).
       ``(B) Importation by individual.--
       ``(i) In general.--In the case of a qualifying drug that is 
     imported or offered for import by a registered exporter to an 
     individual, such drug shall be considered to be in compliance 
     with section 502 and the labeling requirements under the 
     approved application for the U.S. label drug if the packaging 
     and labeling of the qualifying drug complies with all 
     applicable regulations promulgated under sections 3 and 4 of 
     the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 
     et seq.) and the labeling of the qualifying drug includes--

       ``(I) directions for use by the consumer;
       ``(II) the lot number assigned by the manufacturer;
       ``(III) the name and registration number of the exporter;
       ``(IV) if required under paragraph (2)(B)(vi)(III), a 
     prominent advisory that the drug is safe and effective but 
     not bioequivalent to the U.S. label drug;
       ``(V) if the inactive ingredients of the drug are different 
     from the inactive ingredients for the U.S. label drug--

       ``(aa) a prominent advisory that persons with an allergy 
     should check the ingredient list of the drug because the 
     ingredients of the drug differ from the ingredients of the 
     U.S. label drug; and
       ``(bb) a list of the ingredients of the drug as would be 
     required under section 502(e); and

       ``(VI) a copy of any special labeling that would be 
     required by the Secretary had the U.S. label drug been 
     dispensed by a pharmacist in the United States, without 
     regard to whether the special labeling bears any trademark 
     involved.

       ``(ii) Packaging.--A qualifying drug offered for import to 
     an individual by an exporter under this section that is 
     packaged in a unit-of-use container (as those items are 
     defined in the United States Pharmacopeia and National 
     Formulary) shall not be repackaged, provided that--

       ``(I) the packaging complies with all applicable 
     regulations under sections 3 and 4 of the Poison Prevention 
     Packaging Act of 1970 (15 U.S.C. 1471 et seq.); or
       ``(II) the consumer consents to waive the requirements of 
     such Act, after being informed that the packaging does not 
     comply with such Act and that the exporter will provide the 
     drug in packaging that is compliant at no additional cost.

       ``(iii) Request for copy of special labeling and ingredient 
     list.--The Secretary shall provide to the registered exporter 
     involved a copy of the special labeling, the advisory, and 
     the ingredient list described under clause (i), upon request 
     of the exporter.
       ``(iv) Requested labeling and ingredient list.--The 
     labeling and ingredient list provided by the Secretary under 
     clause (iii) shall--

       ``(I) include the established name, as defined in section 
     502(e)(3), for each active ingredient in the drug; and
       ``(II) not include the proprietary name of the U.S. label 
     drug or any active ingredient thereof.

       ``(4) Section 501; adulteration.--A qualifying drug that is 
     imported or offered for import under subsection (a) shall be 
     considered to be in compliance with section 501 if the drug 
     is in compliance with subsection (c).
       ``(5) Standards for refusing admission.--A drug exported 
     under subsection (a) from a registered exporter or imported 
     by a registered importer may be refused admission into the 
     United States if 1 or more of the following applies:
       ``(A) The drug is not a qualifying drug.
       ``(B) A notice for the drug required under paragraph (2)(B) 
     has not been submitted to the Secretary.
       ``(C) The Secretary has ordered that importation of the 
     drug from the permitted country cease under paragraph (2) (C) 
     or (D).
       ``(D) The drug does not comply with paragraph (3) or (4).
       ``(E) The shipping container appears damaged in a way that 
     may affect the strength, quality, or purity of the drug.
       ``(F) The Secretary becomes aware that--
       ``(i) the drug may be counterfeit;
       ``(ii) the drug may have been prepared, packed, or held 
     under insanitary conditions; or
       ``(iii) the methods used in, or the facilities or controls 
     used for, the manufacturing, processing, packing, or holding 
     of the drug do not conform to good manufacturing practice.
       ``(G) The Secretary has obtained an injunction under 
     section 302 that prohibits the distribution of the drug in 
     interstate commerce.
       ``(H) The Secretary has under section 505(e) withdrawn 
     approval of the drug.
       ``(I) The manufacturer of the drug has instituted a recall 
     of the drug.
       ``(J) If the drug is imported or offered for import by a 
     registered importer without submission of a notice in 
     accordance with subsection (d)(4).
       ``(K) If the drug is imported or offered for import from a 
     registered exporter to an individual and 1 or more of the 
     following applies:
       ``(i) The shipping container for such drug does not bear 
     the markings required under subsection (d)(2).
       ``(ii) The markings on the shipping container appear to be 
     counterfeit.
       ``(iii) The shipping container or markings appear to have 
     been tampered with.
       ``(h) Licensing as Pharmacist.--A registration condition is 
     that the exporter involved agrees that a qualifying drug will 
     be exported to an individual only if the Secretary has 
     verified that--
       ``(1) the exporter is authorized under the law of the 
     permitted country in which the exporter is located to 
     dispense prescription drugs; and
       ``(2) the exporter employs persons that are licensed under 
     the law of the permitted country in which the exporter is 
     located to dispense prescription drugs in sufficient number 
     to dispense safely the drugs exported by the exporter to 
     individuals, and the exporter assigns to those persons 
     responsibility for dispensing such drugs to individuals.
       ``(i) Individuals; Conditions for Importation.--
       ``(1) In general.--For purposes of subsection (a)(2)(B), 
     the importation of a qualifying drug by an individual is in 
     accordance with this subsection if the following conditions 
     are met:
       ``(A) The drug is accompanied by a copy of a prescription 
     for the drug, which prescription--
       ``(i) is valid under applicable Federal and State laws; and
       ``(ii) was issued by a practitioner who, under the law of a 
     State of which the individual is a resident, or in which the 
     individual receives care from the practitioner who issues the 
     prescription, is authorized to administer prescription drugs.
       ``(B) The drug is accompanied by a copy of the 
     documentation that was required under the law or regulations 
     of the permitted country in which the exporter is located, as 
     a condition of dispensing the drug to the individual.
       ``(C) The copies referred to in subparagraphs (A)(i) and 
     (B) are marked in a manner sufficient--

[[Page S8875]]

       ``(i) to indicate that the prescription, and the equivalent 
     document in the permitted country in which the exporter is 
     located, have been filled; and
       ``(ii) to prevent a duplicative filling by another 
     pharmacist.
       ``(D) The individual has provided to the registered 
     exporter a complete list of all drugs used by the individual 
     for review by the individuals who dispense the drug.
       ``(E) The quantity of the drug does not exceed a 90-day 
     supply.
       ``(F) The drug is not an ineligible subpart H drug. For 
     purposes of this section, a prescription drug is an 
     `ineligible subpart H drug' if the drug was approved by the 
     Secretary under subpart H of part 314 of title 21, Code of 
     Federal Regulations (relating to accelerated approval), with 
     restrictions under section 520 of such part to assure safe 
     use, and the Secretary has published in the Federal Register 
     a notice that the Secretary has determined that good cause 
     exists to prohibit the drug from being imported pursuant to 
     this subsection.
       ``(2) Notice regarding drug refused admission.--If a 
     registered exporter ships a drug to an individual pursuant to 
     subsection (a)(2)(B) and the drug is refused admission to the 
     United States, a written notice shall be sent to the 
     individual and to the exporter that informs the individual 
     and the exporter of such refusal and the reason for the 
     refusal.
       ``(j) Maintenance of Records and Samples.--
       ``(1) In general.--A registration condition is that the 
     importer or exporter involved shall--
       ``(A) maintain records required under this section for not 
     less than 2 years; and
       ``(B) maintain samples of each lot of a qualifying drug 
     required under this section for not less than 2 years.
       ``(2) Place of record maintenance.--The records described 
     under paragraph (1) shall be maintained--
       ``(A) in the case of an importer, at the place of business 
     of the importer at which the importer initially receives the 
     qualifying drug after importation; or
       ``(B) in the case of an exporter, at the facility from 
     which the exporter ships the qualifying drug to the United 
     States.
       ``(k) Drug Recalls.--
       ``(1) Manufacturers.--A person that manufactures a 
     qualifying drug imported from a permitted country under this 
     section shall promptly inform the Secretary--
       ``(A) if the drug is recalled or withdrawn from the market 
     in a permitted country;
       ``(B) how the drug may be identified, including lot number; 
     and
       ``(C) the reason for the recall or withdrawal.
       ``(2) Secretary.--With respect to each permitted country, 
     the Secretary shall--
       ``(A) enter into an agreement with the government of the 
     country to receive information about recalls and withdrawals 
     of qualifying drugs in the country; or
       ``(B) monitor recalls and withdrawals of qualifying drugs 
     in the country using any information that is available to the 
     public in any media.
       ``(3) Notice.--The Secretary may notify, as appropriate, 
     registered exporters, registered importers, wholesalers, 
     pharmacies, or the public of a recall or withdrawal of a 
     qualifying drug in a permitted country.
       ``(l) Drug Labeling and Packaging.--
       ``(1) In general.--When a qualifying drug that is imported 
     into the United States by an importer under subsection (a) is 
     dispensed by a pharmacist to an individual, the pharmacist 
     shall provide that the packaging and labeling of the drug 
     complies with all applicable regulations promulgated under 
     sections 3 and 4 of the Poison Prevention Packaging Act of 
     1970 (15 U.S.C. 1471 et seq.) and shall include with any 
     other labeling provided to the individual the following:
       ``(A) The lot number assigned by the manufacturer.
       ``(B) The name and registration number of the importer.
       ``(C) If required under paragraph (2)(B)(vi)(III) of 
     subsection (g), a prominent advisory that the drug is safe 
     and effective but not bioequivalent to the U.S. label drug.
       ``(D) If the inactive ingredients of the drug are different 
     from the inactive ingredients for the U.S. label drug--
       ``(i) a prominent advisory that persons with allergies 
     should check the ingredient list of the drug because the 
     ingredients of the drug differ from the ingredients of the 
     U.S. label drug; and
       ``(ii) a list of the ingredients of the drug as would be 
     required under section 502(e).
       ``(2) Packaging.--A qualifying drug that is packaged in a 
     unit-of-use container (as those terms are defined in the 
     United States Pharmacopeia and National Formulary) shall not 
     be repackaged, provided that--
       ``(A) the packaging complies with all applicable 
     regulations under sections 3 and 4 of the Poison Prevention 
     Packaging Act of 1970 (15 U.S.C. 1471 et seq.); or
       ``(B) the consumer consents to waive the requirements of 
     such Act, after being informed that the packaging does not 
     comply with such Act and that the pharmacist will provide the 
     drug in packaging that is compliant at no additional cost.
       ``(m) Charitable Contributions.--Notwithstanding any other 
     provision of this section, this section does not authorize 
     the importation into the United States of a qualifying drug 
     donated or otherwise supplied for free or at nominal cost by 
     the manufacturer of the drug to a charitable or humanitarian 
     organization, including the United Nations and affiliates, or 
     to a government of a foreign country.
       ``(n) Unfair and Discriminatory Acts and Practices.--
       ``(1) In general.--It is unlawful for a manufacturer, 
     directly or indirectly (including by being a party to a 
     licensing agreement or other agreement), to--
       ``(A) discriminate by charging a higher price for a 
     prescription drug sold to a registered exporter or other 
     person in a permitted country that exports a qualifying drug 
     to the United States under this section than the price that 
     is charged, inclusive of rebates or other incentives to the 
     permitted country or other person, to another person that is 
     in the same country and that does not export a qualifying 
     drug into the United States under this section;
       ``(B) discriminate by charging a higher price for a 
     prescription drug sold to a registered importer or other 
     person that distributes, sells, or uses a qualifying drug 
     imported into the United States under this section than the 
     price that is charged to another person in the United States 
     that does not import a qualifying drug under this section, or 
     that does not distribute, sell, or use such a drug;
       ``(C) discriminate by denying, restricting, or delaying 
     supplies of a prescription drug to a registered exporter or 
     other person in a permitted country that exports a qualifying 
     drug to the United States under this section or to a 
     registered importer or other person that distributes, sells, 
     or uses a qualifying drug imported into the United States 
     under this section;
       ``(D) discriminate by publicly, privately, or otherwise 
     refusing to do business with a registered exporter or other 
     person in a permitted country that exports a qualifying drug 
     to the United States under this section or with a registered 
     importer or other person that distributes, sells, or uses a 
     qualifying drug imported into the United States under this 
     section;
       ``(E) knowingly fail to submit a notice under subsection 
     (g)(2)(B)(i), knowingly fail to submit such a notice on or 
     before the date specified in subsection (g)(2)(B)(v) or as 
     otherwise required under subsection (e) (3), (4), and (5) of 
     section __4 of the Pharmaceutical Market Access and Drug 
     Safety Act of 2005, knowingly submit such a notice that makes 
     a materially false, fictitious, or fraudulent statement, or 
     knowingly fail to provide promptly any information requested 
     by the Secretary to review such a notice;
       ``(F) knowingly fail to submit an application required 
     under subsection (g)(2)(F), knowingly fail to submit such an 
     application on or before the date specified in subsection 
     (g)(2)(F)(ii), knowingly submit such an application that 
     makes a materially false, fictitious, or fraudulent 
     statement, or knowingly fail to provide promptly any 
     information requested by the Secretary to review such an 
     application;
       ``(G) cause there to be a difference (including a 
     difference in active ingredient, route of administration, 
     dosage form, strength, formulation, manufacturing 
     establishment, manufacturing process, or person that 
     manufactures the drug) between a prescription drug for 
     distribution in the United States and the drug for 
     distribution in a permitted country;
       ``(H) refuse to allow an inspection authorized under this 
     section of an establishment that manufactures a qualifying 
     drug that is, or will be, introduced for commercial 
     distribution in a permitted country;
       ``(I) fail to conform to the methods used in, or the 
     facilities used for, the manufacturing, processing, packing, 
     or holding of a qualifying drug that is, or will be, 
     introduced for commercial distribution in a permitted country 
     to good manufacturing practice under this Act;
       ``(J) become a party to a licensing agreement or other 
     agreement related to a qualifying drug that fails to provide 
     for compliance with all requirements of this section with 
     respect to such drug;
       ``(K) enter into a contract that restricts, prohibits, or 
     delays the importation of a qualifying drug under this 
     section;
       ``(L) engage in any other action to restrict, prohibit, or 
     delay the importation of a qualifying drug under this 
     section; or
       ``(M) engage in any other action that the Federal Trade 
     Commission determines to discriminate against a person that 
     engages or attempts to engage in the importation of a 
     qualifying drug under this section.
       ``(2) Affirmative defense.--
       ``(A) Discrimination.--It shall be an affirmative defense 
     to a charge that a manufacturer has discriminated under 
     subparagraph (A), (B), (C), (D), or (M) of paragraph (1) that 
     the higher price charged for a prescription drug sold to a 
     person, the denial, restriction, or delay of supplies of a 
     prescription drug to a person, the refusal to do business 
     with a person, or other discriminatory activity against a 
     person, is not based, in whole or in part, on--
       ``(i) the person exporting or importing a qualifying drug 
     into the United States under this section; or
       ``(ii) the person distributing, selling, or using a 
     qualifying drug imported into the United States under this 
     section.
       ``(B) Drug differences.--It shall be an affirmative defense 
     to a charge that a manufacturer has caused there to be a 
     difference described in subparagraph (G) of paragraph (1) 
     that--
       ``(i) the difference was required by the country in which 
     the drug is distributed;

[[Page S8876]]

       ``(ii) the Secretary has determined that the difference was 
     necessary to improve the safety or effectiveness of the drug;
       ``(iii) the person manufacturing the drug for distribution 
     in the United States has given notice to the Secretary under 
     subsection (g)(2)(B)(i) that the drug for distribution in the 
     United States is not different from a drug for distribution 
     in permitted countries whose combined population represents 
     at least 50 percent of the total population of all permitted 
     countries; or
       ``(iv) the difference was not caused, in whole or in part, 
     for the purpose of restricting importation of the drug into 
     the United States under this section.
       ``(3) Effect of subsection.--
       ``(A) Sales in other countries.--This subsection applies 
     only to the sale or distribution of a prescription drug in a 
     country if the manufacturer of the drug chooses to sell or 
     distribute the drug in the country. Nothing in this 
     subsection shall be construed to compel the manufacturer of a 
     drug to distribute or sell the drug in a country.
       ``(B) Discounts to insurers, health plans, pharmacy benefit 
     managers, and covered entities.--Nothing in this subsection 
     shall be construed to--
       ``(i) prevent or restrict a manufacturer of a prescription 
     drug from providing discounts to an insurer, health plan, 
     pharmacy benefit manager in the United States, or covered 
     entity in the drug discount program under section 340B of the 
     Public Health Service Act (42 U.S.C. 256b) in return for 
     inclusion of the drug on a formulary;
       ``(ii) require that such discounts be made available to 
     other purchasers of the prescription drug; or
       ``(iii) prevent or restrict any other measures taken by an 
     insurer, health plan, or pharmacy benefit manager to 
     encourage consumption of such prescription drug.
       ``(C) Charitable contributions.--Nothing in this subsection 
     shall be construed to--
       ``(i) prevent a manufacturer from donating a prescription 
     drug, or supplying a prescription drug at nominal cost, to a 
     charitable or humanitarian organization, including the United 
     Nations and affiliates, or to a government of a foreign 
     country; or
       ``(ii) apply to such donations or supplying of a 
     prescription drug.
       ``(4) Enforcement.--
       ``(A) Unfair or deceptive act or practice.--A violation of 
     this subsection shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice prescribed 
     under section 18(a)(1)(B) of the Federal Trade Commission Act 
     (15 U.S.C. 57a(a)(1)(B)).
       ``(B) Actions by the commission.--The Federal Trade 
     Commission--
       ``(i) shall enforce this subsection in the same manner, by 
     the same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
     incorporated into and made a part of this section; and
       ``(ii) may seek monetary relief threefold the damages 
     sustained, in addition to any other remedy available to the 
     Federal Trade Commission under the Federal Trade Commission 
     Act (15 U.S.C. 41 et seq.).
       ``(5) Actions by states.--
       ``(A) In general.--
       ``(i) Civil actions.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State have been adversely affected by 
     any manufacturer that violates paragraph (1), the attorney 
     general of a State may bring a civil action on behalf of the 
     residents of the State, and persons doing business in the 
     State, in a district court of the United States of 
     appropriate jurisdiction to--

       ``(I) enjoin that practice;
       ``(II) enforce compliance with this subsection;
       ``(III) obtain damages, restitution, or other compensation 
     on behalf of residents of the State and persons doing 
     business in the State, including threefold the damages; or
       ``(IV) obtain such other relief as the court may consider 
     to be appropriate.

       ``(ii) Notice.--

       ``(I) In general.--Before filing an action under clause 
     (i), the attorney general of the State involved shall provide 
     to the Federal Trade Commission--

       ``(aa) written notice of that action; and
       ``(bb) a copy of the complaint for that action.

       ``(II) Exemption.--Subclause (I) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this paragraph, if the attorney general 
     determines that it is not feasible to provide the notice 
     described in that subclause before filing of the action. In 
     such case, the attorney general of a State shall provide 
     notice and a copy of the complaint to the Federal Trade 
     Commission at the same time as the attorney general files the 
     action.

       ``(B) Intervention.--
       ``(i) In general.--On receiving notice under subparagraph 
     (A)(ii), the Federal Trade Commission shall have the right to 
     intervene in the action that is the subject of the notice.
       ``(ii) Effect of intervention.--If the Federal Trade 
     Commission intervenes in an action under subparagraph (A), it 
     shall have the right--

       ``(I) to be heard with respect to any matter that arises in 
     that action; and
       ``(II) to file a petition for appeal.

       ``(C) Construction.--For purposes of bringing any civil 
     action under subparagraph (A), nothing in this subsection 
     shall be construed to prevent an attorney general of a State 
     from exercising the powers conferred on the attorney general 
     by the laws of that State to--
       ``(i) conduct investigations;
       ``(ii) administer oaths or affirmations; or
       ``(iii) compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(D) Actions by the commission.--In any case in which an 
     action is instituted by or on behalf of the Federal Trade 
     Commission for a violation of paragraph (1), a State may not, 
     during the pendency of that action, institute an action under 
     subparagraph (A) for the same violation against any defendant 
     named in the complaint in that action.
       ``(E) Venue.--Any action brought under subparagraph (A) may 
     be brought in the district court of the United States that 
     meets applicable requirements relating to venue under section 
     1391 of title 28, United States Code.
       ``(F) Service of process.--In an action brought under 
     subparagraph (A), process may be served in any district in 
     which the defendant--
       ``(i) is an inhabitant; or
       ``(ii) may be found.
       ``(G) Measurement of damages.--In any action under this 
     paragraph to enforce a cause of action under this subsection 
     in which there has been a determination that a defendant has 
     violated a provision of this subsection, damages may be 
     proved and assessed in the aggregate by statistical or 
     sampling methods, by the computation of illegal overcharges 
     or by such other reasonable system of estimating aggregate 
     damages as the court in its discretion may permit without the 
     necessity of separately proving the individual claim of, or 
     amount of damage to, persons on whose behalf the suit was 
     brought.
       ``(H) Exclusion on duplicative relief.--The district court 
     shall exclude from the amount of monetary relief awarded in 
     an action under this paragraph brought by the attorney 
     general of a State any amount of monetary relief which 
     duplicates amounts which have been awarded for the same 
     injury.
       ``(6) Effect on antitrust laws.--Nothing in this subsection 
     shall be construed to modify, impair, or supersede the 
     operation of the antitrust laws. For the purpose of this 
     subsection, the term `antitrust laws' has the meaning given 
     it in the first section of the Clayton Act, except that it 
     includes section 5 of the Federal Trade Commission Act to the 
     extent that such section 5 applies to unfair methods of 
     competition.
       ``(7) Manufacturer.--In this subsection, the term 
     `manufacturer' means any entity, including any affiliate or 
     licensee of that entity, that is engaged in--
       ``(A) the production, preparation, propagation, 
     compounding, conversion, or processing of a prescription 
     drug, either directly or indirectly by extraction from 
     substances of natural origin, or independently by means of 
     chemical synthesis, or by a combination of extraction and 
     chemical synthesis; or
       ``(B) the packaging, repackaging, labeling, relabeling, or 
     distribution of a prescription drug.''.
       (b) Prohibited Acts.--The Federal Food, Drug, and Cosmetic 
     Act is amended--
       (1) in section 301 (21 U.S.C. 331), by striking paragraph 
     (aa) and inserting the following:
       ``(aa)(1) The sale or trade by a pharmacist, or by a 
     business organization of which the pharmacist is a part, of a 
     qualifying drug that under section 804(a)(2)(A) was imported 
     by the pharmacist, other than--
       ``(A) a sale at retail made pursuant to dispensing the drug 
     to a customer of the pharmacist or organization; or
       ``(B) a sale or trade of the drug to a pharmacy or a 
     wholesaler registered to import drugs under section 804.
       ``(2) The sale or trade by an individual of a qualifying 
     drug that under section 804(a)(2)(B) was imported by the 
     individual.
       ``(3) The making of a materially false, fictitious, or 
     fraudulent statement or representation, or a material 
     omission, in a notice under clause (i) of section 
     804(g)(2)(B) or in an application required under section 
     804(g)(2)(F), or the failure to submit such a notice or 
     application.
       ``(4) The importation of a drug in violation of a 
     registration condition or other requirement under section 
     804, the falsification of any record required to be 
     maintained, or provided to the Secretary, under such section, 
     or the violation of any registration condition or other 
     requirement under such section.''; and
       (2) in section 303(a) (21 U.S.C. 333(a)), by striking 
     paragraph (6) and inserting the following:
       ``(6) Notwithstanding subsection (a), any person that 
     knowingly violates section 301(i) (2) or (3) or section 
     301(aa)(4) shall be imprisoned not more than 10 years, or 
     fined in accordance with title 18, United States Code, or 
     both.''.
       (c) Amendment of Certain Provisions.--
       (1) In general.--Section 801 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 381) is amended by striking 
     subsection (g) and inserting the following:
       ``(g) With respect to a prescription drug that is imported 
     or offered for import into the United States by an individual 
     who is not in the business of such importation, that is not 
     shipped by a registered exporter under section 804, and that 
     is refused admission under subsection (a), the Secretary 
     shall notify the individual that--
       ``(1) the drug has been refused admission because the drug 
     was not a lawful import under section 804;

[[Page S8877]]

       ``(2) the drug is not otherwise subject to a waiver of the 
     requirements of subsection (a);
       ``(3) the individual may under section 804 lawfully import 
     certain prescription drugs from exporters registered with the 
     Secretary under section 804; and
       ``(4) the individual can find information about such 
     importation, including a list of registered exporters, on the 
     Internet website of the Food and Drug Administration or 
     through a toll-free telephone number required under section 
     804.''.
       (2) Establishment registration.--Section 510(i) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) is 
     amended in paragraph (1) by inserting after ``import into the 
     United States'' the following: ``, including a drug that is, 
     or may be, imported or offered for import into the United 
     States under section 804,''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date that is 90 days after the date 
     of enactment of this title.
       (d) Exhaustion.--
       (1) In general.--Section 271 of title 35, United States 
     Code, is amended--
       (A) by redesignating subsections (h) and (i) as (i) and 
     (j), respectively; and
       (B) by inserting after subsection (g) the following:
       ``(h) It shall not be an act of infringement to use, offer 
     to sell, or sell within the United States or to import into 
     the United States any patented invention under section 804 of 
     the Federal Food, Drug, and Cosmetic Act that was first sold 
     abroad by or under authority of the owner or licensee of such 
     patent.''.
       (2) Rule of construction.--Nothing in the amendment made by 
     paragraph (1) shall be construed to affect the ability of a 
     patent owner or licensee to enforce their patent, subject to 
     such amendment.
       (e) Effect of Section 804.--
       (1) In general.--Section 804 of the Federal Food, Drug, and 
     Cosmetic Act, as added by subsection (a), shall permit the 
     importation of qualifying drugs (as defined in such section 
     804) into the United States without regard to the status of 
     the issuance of implementing regulations--
       (A) from exporters registered under such section 804 on the 
     date that is 90 days after the date of enactment of this 
     title; and
       (B) from permitted countries, as defined in such section 
     804, by importers registered under such section 804 on the 
     date that is 1 year after the date of enactment of this 
     title.
       (2) Review of registration by certain exporters.--
       (A) Review priority.--In the review of registrations 
     submitted under subsection (b) of such section 804, 
     registrations submitted by entities in Canada that are 
     significant exporters of prescription drugs to individuals in 
     the United States as of the date of enactment of this title 
     will have priority during the 90 day period that begins on 
     such date of enactment.
       (B) Period for review.--During such 90-day period, the 
     reference in subsection (b)(2)(A) of such section 804 to 90 
     days (relating to approval or disapproval of registrations) 
     is, as applied to such entities, deemed to be 30 days.
       (C) Limitation.--That an exporter in Canada exports, or has 
     exported, prescription drugs to individuals in the United 
     States on or before the date that is 90 days after the date 
     of enactment of this title shall not serve as a basis, in 
     whole or in part, for disapproving a registration under such 
     section 804 from the exporter.
       (D) First year limit on number of exporters.--During the 1-
     year period beginning on the date of enactment of this title, 
     the Secretary of Health and Human Services (referred to in 
     this section as the ``Secretary'') may limit the number of 
     registered exporters under such section 804 to not less than 
     50, so long as the Secretary gives priority to those 
     exporters with demonstrated ability to process a high volume 
     of shipments of drugs to individuals in the United States.
       (E) Second year limit on number of exporters.--During the 
     1-year period beginning on the date that is 1 year after the 
     date of enactment of this title, the Secretary may limit the 
     number of registered exporters under such section 804 to not 
     less than 100, so long as the Secretary gives priority to 
     those exporters with demonstrated ability to process a high 
     volume of shipments of drugs to individuals in the United 
     States.
       (F) Further limit on number of exporters.--During any 1-
     year period beginning on a date that is 2 or more years after 
     the date of enactment of this title, the Secretary may limit 
     the number of registered exporters under such section 804 to 
     not less than 25 more than the number of such exporters 
     during the previous 1-year period, so long as the Secretary 
     gives priority to those exporters with demonstrated ability 
     to process a high volume of shipments of drugs to individuals 
     in the United States.
       (3) Limits on number of importers.--
       (A) First year limit on number of importers.--During the 1-
     year period beginning on the date that is 1 year after the 
     date of enactment of this title, the Secretary may limit the 
     number of registered importers under such section 804 to not 
     less than 100 (of which at least a significant number shall 
     be groups of pharmacies, to the extent feasible given the 
     applications submitted by such groups), so long as the 
     Secretary gives priority to those importers with demonstrated 
     ability to process a high volume of shipments of drugs 
     imported into the United States.
       (B) Second year limit on number of importers.--During the 
     1-year period beginning on the date that is 2 years after the 
     date of enactment of this title, the Secretary may limit the 
     number of registered importers under such section 804 to not 
     less than 200 (of which at least a significant number shall 
     be groups of pharmacies, to the extent feasible given the 
     applications submitted by such groups), so long as the 
     Secretary gives priority to those importers with demonstrated 
     ability to process a high volume of shipments of drugs into 
     the United States.
       (C) Further limit on number of importers.--During any 1-
     year period beginning on a date that is 3 or more years after 
     the date of enactment of this title, the Secretary may limit 
     the number of registered importers under such section 804 to 
     not less than 50 more (of which at least a significant number 
     shall be groups of pharmacies, to the extent feasible given 
     the applications submitted by such groups) than the number of 
     such importers during the previous 1-year period, so long as 
     the Secretary gives priority to those importers with 
     demonstrated ability to process a high volume of shipments of 
     drugs to the United States.
       (4) Notices for drugs for import from canada.--The notice 
     with respect to a qualifying drug introduced for commercial 
     distribution in Canada as of the date of enactment of this 
     title that is required under subsection (g)(2)(B)(i) of such 
     section 804 shall be submitted to the Secretary not later 
     than 30 days after the date of enactment of this title if--
       (A) the U.S. label drug (as defined in such section 804) 
     for the qualifying drug is 1 of the 100 prescription drugs 
     with the highest dollar volume of sales in the United States 
     based on the 12 calendar month period most recently completed 
     before the date of enactment of this title; or
       (B) the notice is a notice under subsection 
     (g)(2)(B)(i)(II) of such section 804.
       (5) Notice for drugs for import from other countries.--The 
     notice with respect to a qualifying drug introduced for 
     commercial distribution in a permitted country other than 
     Canada as of the date of enactment of this title that is 
     required under subsection (g)(2)(B)(i) of such section 804 
     shall be submitted to the Secretary not later than 180 days 
     after the date of enactment of this title if--
       (A) the U.S. label drug for the qualifying drug is 1 of the 
     100 prescription drugs with the highest dollar volume of 
     sales in the United States based on the 12 calendar month 
     period that is first completed on the date that is 120 days 
     after the date of enactment of this title; or
       (B) the notice is a notice under subsection 
     (g)(2)(B)(i)(II) of such section 804.
       (6) Notice for other drugs for import.--
       (A) Guidance on submission dates.--The Secretary shall by 
     guidance establish a series of submission dates for the 
     notices under subsection (g)(2)(B)(i) of such section 804 
     with respect to qualifying drugs introduced for commercial 
     distribution as of the date of enactment of this title and 
     that are not required to be submitted under paragraph (4) or 
     (5).
       (B) Consistent and efficient use of resources.--The 
     Secretary shall establish the dates described under 
     subparagraph (A) so that such notices described under 
     subparagraph (A) are submitted and reviewed at a rate that 
     allows consistent and efficient use of the resources and 
     staff available to the Secretary for such reviews. The 
     Secretary may condition the requirement to submit such a 
     notice, and the review of such a notice, on the submission by 
     a registered exporter or a registered importer to the 
     Secretary of a notice that such exporter or importer intends 
     to import such qualifying drug to the United States under 
     such section 804.
       (C) Priority for drugs with higher sales.--The Secretary 
     shall establish the dates described under subparagraph (A) so 
     that the Secretary reviews the notices described under such 
     subparagraph with respect to qualifying drugs with higher 
     dollar volume of sales in the United States before the 
     notices with respect to drugs with lower sales in the United 
     States.
       (7) Notices for drugs approved after effective date.--The 
     notice required under subsection (g)(2)(B)(i) of such section 
     804 for a qualifying drug first introduced for commercial 
     distribution in a permitted country (as defined in such 
     section 804) after the date of enactment of this title shall 
     be submitted to and reviewed by the Secretary as provided 
     under subsection (g)(2)(B) of such section 804, without 
     regard to paragraph (4), (5), or (6).
       (8) Report.--Beginning with fiscal year 2006, not later 
     than 90 days after the end of each fiscal year during which 
     the Secretary reviews a notice referred to in paragraph (4), 
     (5), or (6), the Secretary shall submit a report to Congress 
     concerning the progress of the Food and Drug Administration 
     in reviewing the notices referred to in paragraphs (4), (5), 
     and (6).
       (9) User fees.--
       (A) Exporters.--When establishing an aggregate total of 
     fees to be collected from exporters under subsection (f)(2) 
     of such section 804, the Secretary shall, under subsection 
     (f)(3)(C)(i) of such section 804, estimate the total price of 
     drugs imported under subsection (a) of such section 804 into 
     the United States by registered exporters during fiscal year 
     2006 to be $1,000,000,000.

[[Page S8878]]

       (B) Importers.--When establishing an aggregate total of 
     fees to be collected from importers under subsection (e)(2) 
     of such section 804, the Secretary shall, under subsection 
     (e)(3)(C)(i) of such section 804, estimate the total price of 
     drugs imported under subsection (a) of such section 804 into 
     the United States by registered importers during--
       (i) fiscal year 2006 to be $1,000,000,000; and
       (ii) fiscal year 2007 to be $10,000,000,000.
       (C) Fiscal year 2007 adjustment.--
       (i) Reports.--Not later than February 20, 2007, registered 
     importers shall report to the Secretary the total price and 
     the total volume of drugs imported to the United States by 
     the importer during the 4-month period from October 1, 2006, 
     through January 31, 2007.
       (ii) Reestimate.--Notwithstanding subsection (e)(3)(C)(ii) 
     of such section 804 or subparagraph (B), the Secretary shall 
     reestimate the total price of qualifying drugs imported under 
     subsection (a) of such section 804 into the United States by 
     registered importers during fiscal year 2007. Such reestimate 
     shall be equal to--

       (I) the total price of qualifying drugs imported by each 
     importer as reported under clause (i); multiplied by
       (II) 3.

       (iii) Adjustment.--The Secretary shall adjust the fee due 
     on April 1, 2007, from each importer so that the aggregate 
     total of fees collected under subsection (e)(2) for fiscal 
     year 2007 does not exceed the total price of qualifying drugs 
     imported under subsection (a) of such section 804 into the 
     United States by registered importers during fiscal year 2007 
     as reestimated under clause (ii).
       (D) Annual report.--
       (i) Food and drug administration.--Beginning with fiscal 
     year 2006, not later than 180 days after the end of each 
     fiscal year during which fees are collected under subsection 
     (e), (f), or (g)(2)(B)(iv) of such section 804, the Secretary 
     shall prepare and submit to the House of Representatives and 
     the Senate a report on the implementation of the authority 
     for such fees during such fiscal year and the use, by the 
     Food and Drug Administration, of the fees collected for the 
     fiscal year for which the report is made and credited to the 
     Food and Drug Administration.
       (ii) Customs and border control.--Beginning with fiscal 
     year 2006, not later than 180 days after the end of each 
     fiscal year during which fees are collected under subsection 
     (e) or (f) of such section 804, the Secretary of Homeland 
     Security, in consultation with the Secretary of the Treasury, 
     shall prepare and submit to the House of Representatives and 
     the Senate a report on the use, by the Bureau of Customs and 
     Border Protection, of the fees, if any, transferred by the 
     Secretary to the Bureau of Customs and Border Protection for 
     the fiscal year for which the report is made.
       (10) Special rule regarding importation by individuals.--
       (A) In general.--Notwithstanding any provision of this 
     title (or an amendment made by this title), the Secretary 
     shall designate additional countries from which an individual 
     may import a qualifying drug into the United States under 
     such section 804 if any action implemented by the Government 
     of Canada has the effect of limiting or prohibiting the 
     importation of qualifying drugs into the United States from 
     Canada.
       (B) Timing and criteria.--The Secretary shall designate 
     such additional countries under subparagraph (A)--
       (i) not later than 6 months after the date of the action by 
     the Government of Canada described under such subparagraph; 
     and
       (ii) using the criteria described under subsection 
     (a)(4)(D)(i)(II) of such section 804.
       (f) Implementation of Section 804.--
       (1) Interim rule.--The Secretary may promulgate an interim 
     rule for implementing section 804 of the Federal Food, Drug, 
     and Cosmetic Act, as added by subsection (a) of this section.
       (2) No notice of proposed rulemaking.--The interim rule 
     described under paragraph (1) may be developed and 
     promulgated by the Secretary without providing general notice 
     of proposed rulemaking.
       (3) Final rule.--Not later than 1 year after the date on 
     which the Secretary promulgates an interim rule under 
     paragraph (1), the Secretary shall, in accordance with 
     procedures under section 553 of title 5, United States Code, 
     promulgate a final rule for implementing such section 804, 
     which may incorporate by reference provisions of the interim 
     rule provided for under paragraph (1), to the extent that 
     such provisions are not modified.
       (g) Consumer Education.--The Secretary shall carry out 
     activities that educate consumers--
       (1) with regard to the availability of qualifying drugs for 
     import for personal use from an exporter registered with and 
     approved by the Food and Drug Administration under section 
     804 of the Federal Food, Drug, and Cosmetic Act, as added by 
     this section, including information on how to verify whether 
     an exporter is registered and approved by use of the Internet 
     website of the Food and Drug Administration and the toll-free 
     telephone number required by this title;
       (2) that drugs that consumers attempt to import from an 
     exporter that is not registered with and approved by the Food 
     and Drug Administration can be seized by the United States 
     Customs Service and destroyed, and that such drugs may be 
     counterfeit, unapproved, unsafe, or ineffective; and
       (3) with regard to the availability at domestic retail 
     pharmacies of qualifying drugs imported under such section 
     804 by domestic wholesalers and pharmacies registered with 
     and approved by the Food and Drug Administration.
       (h) Effect on Administration Practices.--Notwithstanding 
     any provision of this title (and the amendments made by this 
     title), nothing in this title (or the amendments made by this 
     title) shall be construed to change, limit, or restrict the 
     practices of the Food and Drug Administration or the Bureau 
     of Customs and Border Protection in effect on January 1, 
     2004, with respect to the importation of prescription drugs 
     into the United States by an individual, on the person of 
     such individual, for personal use.
       (i) Report to Congress.--The Federal Trade Commission 
     shall, on an annual basis, submit to Congress a report that 
     describes any action taken during the period for which the 
     report is being prepared to enforce the provisions of section 
     804(n) of the Federal Food, Drug, and Cosmetic Act (as added 
     by this title), including any pending investigations or civil 
     actions under such section.

     SEC. __5. DISPOSITION OF CERTAIN DRUGS DENIED ADMISSION INTO 
                   UNITED STATES.

       (a) In General.--Chapter VIII of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381 et seq.), as amended by 
     section __3, is further amended by adding at the end the 
     following section:

     ``SEC. 805. DISPOSITION OF CERTAIN DRUGS DENIED ADMISSION.

       ``(a) In General.--The Secretary of Homeland Security shall 
     deliver to the Secretary a shipment of drugs that is imported 
     or offered for import into the United States if--
       ``(1) the shipment has a declared value of less than 
     $10,000; and
       ``(2)(A) the shipping container for such drugs does not 
     bear the markings required under section 804(d)(2); or
       ``(B) the Secretary has requested delivery of such shipment 
     of drugs.
       ``(b) No Bond or Export.--Section 801(b) does not authorize 
     the delivery to the owner or consignee of drugs delivered to 
     the Secretary under subsection (a) pursuant to the execution 
     of a bond, and such drugs may not be exported.
       ``(c) Destruction of Violative Shipment.--The Secretary 
     shall destroy a shipment of drugs delivered by the Secretary 
     of Homeland Security to the Secretary under subsection (a) 
     if--
       ``(1) in the case of drugs that are imported or offered for 
     import from a registered exporter under section 804, the 
     drugs are in violation of any standard described in section 
     804(g)(5); or
       ``(2) in the case of drugs that are not imported or offered 
     for import from a registered exporter under section 804, the 
     drugs are in violation of a standard referred to in section 
     801(a) or 801(d)(1).
       ``(d) Certain Procedures.--
       ``(1) In general.--The delivery and destruction of drugs 
     under this section may be carried out without notice to the 
     importer, owner, or consignee of the drugs except as required 
     by section 801(g) or section 804(i)(2). The issuance of 
     receipts for the drugs, and recordkeeping activities 
     regarding the drugs, may be carried out on a summary basis.
       ``(2) Objective of procedures.--Procedures promulgated 
     under paragraph (1) shall be designed toward the objective of 
     ensuring that, with respect to efficiently utilizing Federal 
     resources available for carrying out this section, a 
     substantial majority of shipments of drugs subject to 
     described in subsection (c) are identified and destroyed.
       ``(e) Evidence Exception.--Drugs may not be destroyed under 
     subsection (c) to the extent that the Attorney General of the 
     United States determines that the drugs should be preserved 
     as evidence or potential evidence with respect to an offense 
     against the United States.
       ``(f) Rule of Construction.--This section may not be 
     construed as having any legal effect on applicable law with 
     respect to a shipment of drugs that is imported or offered 
     for import into the United States and has a declared value 
     equal to or greater than $10,000.''.
       (b) Procedures.--Procedures for carrying out section 805 of 
     the Federal Food, Drug, and Cosmetic Act, as added by 
     subsection (a), shall be established not later than 90 days 
     after the date of the enactment of this title.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of enactment of this title.

     SEC. __6. WHOLESALE DISTRIBUTION OF DRUGS; STATEMENTS 
                   REGARDING PRIOR SALE, PURCHASE, OR TRADE.

       (a) Striking of Exemptions; Applicability to Registered 
     Exporters.--Section 503(e) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 353(e)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``and who is not the manufacturer or an 
     authorized distributor of record of such drug'';
       (B) by striking ``to an authorized distributor of record 
     or''; and
       (C) by striking subparagraph (B) and inserting the 
     following:
       ``(B) The fact that a drug subject to subsection (b) is 
     exported from the United States does not with respect to such 
     drug exempt any person that is engaged in the business of the 
     wholesale distribution of the drug from providing the 
     statement described in subparagraph (A) to the person that 
     receives the drug pursuant to the export of the drug.

[[Page S8879]]

       ``(C)(i) The Secretary shall by regulation establish 
     requirements that supersede subparagraph (A) (referred to in 
     this subparagraph as `alternative requirements') to identify 
     the chain of custody of a drug subject to subsection (b) from 
     the manufacturer of the drug throughout the wholesale 
     distribution of the drug to a pharmacist who intends to sell 
     the drug at retail if the Secretary determines that the 
     alternative requirements, which may include standardized 
     anti-counterfeiting or track-and-trace technologies, will 
     identify such chain of custody or the identity of the 
     discrete package of the drug from which the drug is dispensed 
     with equal or greater certainty to the requirements of 
     subparagraph (A), and that the alternative requirements are 
     economically and technically feasible.
       ``(ii) When the Secretary promulgates a final rule to 
     establish such alternative requirements, the final rule in 
     addition shall, with respect to the registration condition 
     established in clause (i) of section 804(c)(3)(B), establish 
     a condition equivalent to the alternative requirements, and 
     such equivalent condition may be met in lieu of the 
     registration condition established in such clause (i).'';
       (2) in paragraph (2)(A), by adding at the end the 
     following: ``The preceding sentence may not be construed as 
     having any applicability with respect to a registered 
     exporter under section 804.''; and
       (3) in paragraph (3), by striking ``and subsection (d)--'' 
     in the matter preceding subparagraph (A) and all that follows 
     through ``the term `wholesale distribution' means'' in 
     subparagraph (B) and inserting the following: ``and 
     subsection (d), the term `wholesale distribution' means''.
       (b) Conforming Amendment.--Section 503(d) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 353(d)) is amended by 
     adding at the end the following:
       ``(4) Each manufacturer of a drug subject to subsection (b) 
     shall maintain at its corporate offices a current list of the 
     authorized distributors of record of such drug.
       ``(5) For purposes of this subsection, the term `authorized 
     distributors of record' means those distributors with whom a 
     manufacturer has established an ongoing relationship to 
     distribute such manufacturer's products.''.
       (c) Effective Date.--
       (1) In general.--The amendments made by paragraphs (1) and 
     (3) of subsection (a) and by subsection (b) shall take effect 
     on January 1, 2010.
       (2) Drugs imported by registered importers under section 
     804.--Notwithstanding paragraph (1), the amendments made by 
     paragraphs (1) and (3) of subsection (a) and by subsection 
     (b) shall take effect on the date that is 90 days after the 
     date of enactment of this title with respect to qualifying 
     drugs imported under section 804 of the Federal Food, Drug, 
     and Cosmetic Act, as added by section __4.
       (3) High-risk drugs.--
       (A) In general.--Notwithstanding paragraph (1), the 
     Secretary of Health and Human Services (referred to in this 
     section as the ``Secretary'') may apply the amendments made 
     by paragraphs (1) and (3) of subsection (a) and by subsection 
     (b) before January 1, 2010, with respect to a prescription 
     drug if the Secretary--
       (i) determines that the drug is at high risk for being 
     counterfeited; and
       (ii) publishes the determination and the basis for the 
     determination in the Federal Register.
       (B) Pedigree not required.--Notwithstanding a determination 
     under subparagraph (A) with respect to a prescription drug, 
     the amendments described in such subparagraph shall not apply 
     with respect to a wholesale distribution of such drug if the 
     drug is distributed by the manufacturer of the drug to a 
     person that distributes the drug to a retail pharmacy for 
     distribution to the consumer or patient, with no other 
     intervening transactions.
       (C) Limitation.--The Secretary may make the determination 
     under subparagraph (A) with respect to not more than 50 drugs 
     before January 1, 2010.
       (4) Effect with respect to registered exporters.--The 
     amendment made by subsection (a)(2) shall take effect on the 
     date that is 90 days after the date of enactment of this 
     title.
       (5) Alternative requirements.--The Secretary shall issue 
     regulations to establish the alternative requirements, 
     referred to in the amendment made by subsection (a)(1), that 
     take effect not later than--
       (A) January 1, 2008, with respect to a prescription drug 
     determined under paragraph (3)(A) to be at high risk for 
     being counterfeited; and
       (B) January 1, 2010, with respect to all other prescription 
     drugs.
       (6) Intermediate requirements.--With respect to the 
     prescription drugs described under paragraph (5)(B), the 
     Secretary shall by regulation require the use of standardized 
     anti-counterfeiting or track-and-trace technologies on such 
     prescription drugs at the case and pallet level effective not 
     later than January 1, 2008.

     SEC. __7. INTERNET SALES OF PRESCRIPTION DRUGS.

       (a) In General.--Chapter V of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting 
     after section 503A the following:

     ``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS.

       ``(a) Requirements Regarding Information on Internet 
     Site.--
       ``(1) In general.--A person may not dispense a prescription 
     drug pursuant to a sale of the drug by such person if--
       ``(A) the purchaser of the drug submitted the purchase 
     order for the drug, or conducted any other part of the sales 
     transaction for the drug, through an Internet site;
       ``(B) the person dispenses the drug to the purchaser by 
     mailing or shipping the drug to the purchaser; and
       ``(C) such site, or any other Internet site used by such 
     person for purposes of sales of a prescription drug, fails to 
     meet each of the requirements specified in paragraph (2), 
     other than a site or pages on a site that--
       ``(i) are not intended to be accessed by purchasers or 
     prospective purchasers; or
       ``(ii) provide an Internet information location tool within 
     the meaning of section 231(e)(5) of the Communications Act of 
     1934 (47 U.S.C. 231(e)(5)).
       ``(2) Requirements.--With respect to an Internet site, the 
     requirements referred to in subparagraph (C) of paragraph (1) 
     for a person to whom such paragraph applies are as follows:
       ``(A) Each page of the site shall include either the 
     following information or a link to a page that provides the 
     following information:
       ``(i) The name of such person.
       ``(ii) Each State in which the person is authorized by law 
     to dispense prescription drugs.
       ``(iii) The address and telephone number of each place of 
     business of the person with respect to sales of prescription 
     drugs through the Internet, other than a place of business 
     that does not mail or ship prescription drugs to purchasers.
       ``(iv) The name of each individual who serves as a 
     pharmacist for prescription drugs that are mailed or shipped 
     pursuant to the site, and each State in which the individual 
     is authorized by law to dispense prescription drugs.
       ``(v) If the person provides for medical consultations 
     through the site for purposes of providing prescriptions, the 
     name of each individual who provides such consultations; each 
     State in which the individual is licensed or otherwise 
     authorized by law to provide such consultations or practice 
     medicine; and the type or types of health professions for 
     which the individual holds such licenses or other 
     authorizations.
       ``(B) A link to which paragraph (1) applies shall be 
     displayed in a clear and prominent place and manner, and 
     shall include in the caption for the link the words 
     `licensing and contact information'.
       ``(b) Internet Sales Without Appropriate Medical 
     Relationships.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     person may not dispense a prescription drug, or sell such a 
     drug, if--
       ``(A) for purposes of such dispensing or sale, the 
     purchaser communicated with the person through the Internet;
       ``(B) the patient for whom the drug was dispensed or 
     purchased did not, when such communications began, have a 
     prescription for the drug that is valid in the United States;
       ``(C) pursuant to such communications, the person provided 
     for the involvement of a practitioner, or an individual 
     represented by the person as a practitioner, and the 
     practitioner or such individual issued a prescription for the 
     drug that was purchased;
       ``(D) the person knew, or had reason to know, that the 
     practitioner or the individual referred to in subparagraph 
     (C) did not, when issuing the prescription, have a qualifying 
     medical relationship with the patient; and
       ``(E) the person received payment for the dispensing or 
     sale of the drug.
     For purposes of subparagraph (E), payment is received if 
     money or other valuable consideration is received.
       ``(2) Exceptions.--Paragraph (1) does not apply to--
       ``(A) the dispensing or selling of a prescription drug 
     pursuant to telemedicine practices sponsored by--
       ``(i) a hospital that has in effect a provider agreement 
     under title XVIII of the Social Security Act (relating to the 
     Medicare program); or
       ``(ii) a group practice that has not fewer than 100 
     physicians who have in effect provider agreements under such 
     title; or
       ``(B) the dispensing or selling of a prescription drug 
     pursuant to practices that promote the public health, as 
     determined by the Secretary by regulation.
       ``(3) Qualifying medical relationship.--
       ``(A) In general.--With respect to issuing a prescription 
     for a drug for a patient, a practitioner has a qualifying 
     medical relationship with the patient for purposes of this 
     section if--
       ``(i) at least one in-person medical evaluation of the 
     patient has been conducted by the practitioner; or
       ``(ii) the practitioner conducts a medical evaluation of 
     the patient as a covering practitioner.
       ``(B) In-person medical evaluation.--A medical evaluation 
     by a practitioner is an in-person medical evaluation for 
     purposes of this section if the practitioner is in the 
     physical presence of the patient as part of conducting the 
     evaluation, without regard to whether portions of the 
     evaluation are conducted by other health professionals.
       ``(C) Covering practitioner.--With respect to a patient, a 
     practitioner is a covering practitioner for purposes of this 
     section if

[[Page S8880]]

     the practitioner conducts a medical evaluation of the patient 
     at the request of a practitioner who has conducted at least 
     one in-person medical evaluation of the patient and is 
     temporarily unavailable to conduct the evaluation of the 
     patient. A practitioner is a covering practitioner without 
     regard to whether the practitioner has conducted any in-
     person medical evaluation of the patient involved.
       ``(4) Rules of construction.--
       ``(A) Individuals represented as practitioners.--A person 
     who is not a practitioner (as defined in subsection (e)(1)) 
     lacks legal capacity under this section to have a qualifying 
     medical relationship with any patient.
       ``(B) Standard practice of pharmacy.--Paragraph (1) may not 
     be construed as prohibiting any conduct that is a standard 
     practice in the practice of pharmacy.
       ``(C) Applicability of requirements.--Paragraph (3) may not 
     be construed as having any applicability beyond this section, 
     and does not affect any State law, or interpretation of State 
     law, concerning the practice of medicine.
       ``(c) Actions by States.--
       ``(1) In general.--Whenever an attorney general of any 
     State has reason to believe that the interests of the 
     residents of that State have been or are being threatened or 
     adversely affected because any person has engaged or is 
     engaging in a pattern or practice that violates section 
     301(l), the State may bring a civil action on behalf of its 
     residents in an appropriate district court of the United 
     States to enjoin such practice, to enforce compliance with 
     such section (including a nationwide injunction), to obtain 
     damages, restitution, or other compensation on behalf of 
     residents of such State, to obtain reasonable attorneys fees 
     and costs if the State prevails in the civil action, or to 
     obtain such further and other relief as the court may deem 
     appropriate.
       ``(2) Notice.--The State shall serve prior written notice 
     of any civil action under paragraph (1) or (5)(B) upon the 
     Secretary and provide the Secretary with a copy of its 
     complaint, except that if it is not feasible for the State to 
     provide such prior notice, the State shall serve such notice 
     immediately upon instituting such action. Upon receiving a 
     notice respecting a civil action, the Secretary shall have 
     the right--
       ``(A) to intervene in such action;
       ``(B) upon so intervening, to be heard on all matters 
     arising therein; and
       ``(C) to file petitions for appeal.
       ``(3) Construction.--For purposes of bringing any civil 
     action under paragraph (1), nothing in this chapter shall 
     prevent an attorney general of a State from exercising the 
     powers conferred on the attorney general by the laws of such 
     State to conduct investigations or to administer oaths or 
     affirmations or to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(4) Venue; service of process.--Any civil action brought 
     under paragraph (1) in a district court of the United States 
     may be brought in the district in which the defendant is 
     found, is an inhabitant, or transacts business or wherever 
     venue is proper under section 1391 of title 28, United States 
     Code. Process in such an action may be served in any district 
     in which the defendant is an inhabitant or in which the 
     defendant may be found.
       ``(5) Actions by other state officials.--
       ``(A) Nothing contained in this section shall prohibit an 
     authorized State official from proceeding in State court on 
     the basis of an alleged violation of any civil or criminal 
     statute of such State.
       ``(B) In addition to actions brought by an attorney general 
     of a State under paragraph (1), such an action may be brought 
     by officers of such State who are authorized by the State to 
     bring actions in such State on behalf of its residents.
       ``(d) Effect of Section.--This section shall not apply to a 
     person that is a registered exporter under section 804.
       ``(e) General Definitions.--For purposes of this section:
       ``(1) The term `practitioner' means a practitioner referred 
     to in section 503(b)(1) with respect to issuing a written or 
     oral prescription.
       ``(2) The term `prescription drug' means a drug that is 
     described in section 503(b)(1).
       ``(3) The term `qualifying medical relationship', with 
     respect to a practitioner and a patient, has the meaning 
     indicated for such term in subsection (b).
       ``(f) Internet-Related Definitions.--
       ``(1) In general.--For purposes of this section:
       ``(A) The term `Internet' means collectively the myriad of 
     computer and telecommunications facilities, including 
     equipment and operating software, which comprise the 
     interconnected world-wide network of networks that employ the 
     transmission control protocol/internet protocol, or any 
     predecessor or successor protocols to such protocol, to 
     communicate information of all kinds by wire or radio.
       ``(B) The term `link', with respect to the Internet, means 
     one or more letters, words, numbers, symbols, or graphic 
     items that appear on a page of an Internet site for the 
     purpose of serving, when activated, as a method for executing 
     an electronic command--
       ``(i) to move from viewing one portion of a page on such 
     site to another portion of the page;
       ``(ii) to move from viewing one page on such site to 
     another page on such site; or
       ``(iii) to move from viewing a page on one Internet site to 
     a page on another Internet site.
       ``(C) The term `page', with respect to the Internet, means 
     a document or other file accessed at an Internet site.
       ``(D)(i) The terms `site' and `address', with respect to 
     the Internet, mean a specific location on the Internet that 
     is determined by Internet Protocol numbers. Such term 
     includes the domain name, if any.
       ``(ii) The term `domain name' means a method of 
     representing an Internet address without direct reference to 
     the Internet Protocol numbers for the address, including 
     methods that use designations such as `.com', `.edu', `.gov', 
     `.net', or `.org'.
       ``(iii) The term `Internet Protocol numbers' includes any 
     successor protocol for determining a specific location on the 
     Internet.
       ``(2) Authority of secretary.--The Secretary may by 
     regulation modify any definition under paragraph (1) to take 
     into account changes in technology.
       ``(g) Interactive Computer Service; Advertising.--No 
     provider of an interactive computer service, as defined in 
     section 230(f)(2) of the Communications Act of 1934 (47 
     U.S.C. 230(f)(2)), or of advertising services shall be liable 
     under this section for dispensing or selling prescription 
     drugs in violation of this section on account of another 
     person's selling or dispensing such drugs, provided that the 
     provider of the interactive computer service or of 
     advertising services does not own or exercise corporate 
     control over such person.''.
       (b) Inclusion as Prohibited Act.--Section 301 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is 
     amended by inserting after paragraph (k) the following:
       ``(l) The dispensing or selling of a prescription drug in 
     violation of section 503B.''.
       (c) Internet Sales of Prescription Drugs; Consideration by 
     Secretary of Practices and Procedures for Certification of 
     Legitimate Businesses.--In carrying out section 503B of the 
     Federal Food, Drug, and Cosmetic Act (as added by subsection 
     (a) of this section), the Secretary of Health and Human 
     Services shall take into consideration the practices and 
     procedures of public or private entities that certify that 
     businesses selling prescription drugs through Internet sites 
     are legitimate businesses, including practices and procedures 
     regarding disclosure formats and verification programs.
       (d) Reports Regarding Internet-Related Violations of 
     Federal and State Laws on Dispensing of Drugs.--
       (1) In general.--The Secretary of Health and Human Services 
     (referred to in this subsection as the ``Secretary'') shall, 
     pursuant to the submission of an application meeting the 
     criteria of the Secretary, make an award of a grant or 
     contract to the National Clearinghouse on Internet 
     Prescribing (operated by the Federation of State Medical 
     Boards) for the purpose of--
       (A) identifying Internet sites that appear to be in 
     violation of Federal or State laws concerning the dispensing 
     of drugs;
       (B) reporting such sites to State medical licensing boards 
     and State pharmacy licensing boards, and to the Attorney 
     General and the Secretary, for further investigation; and
       (C) submitting, for each fiscal year for which the award 
     under this subsection is made, a report to the Secretary 
     describing investigations undertaken with respect to 
     violations described in subparagraph (A).
       (2) Authorization of appropriations.--For the purpose of 
     carrying out paragraph (1), there is authorized to be 
     appropriated $100,000 for each of the fiscal years 2005 
     through 2007.
       (e) Effective Date.--The amendments made by subsections (a) 
     and (b) take effect 90 days after the date of enactment of 
     this title, without regard to whether a final rule to 
     implement such amendments has been promulgated by the 
     Secretary of Health and Human Services under section 701(a) 
     of the Federal Food, Drug, and Cosmetic Act. The preceding 
     sentence may not be construed as affecting the authority of 
     such Secretary to promulgate such a final rule.

     SEC. __8. PROHIBITING PAYMENTS TO UNREGISTERED FOREIGN 
                   PHARMACIES.

       (a) In General.--Section 303 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 333) is amended by adding at the end 
     the following:
       ``(g) Restricted Transactions.--
       ``(1) In general.--The introduction of restricted 
     transactions into a payment system or the completion of 
     restricted transactions using a payment system is prohibited.
       ``(2) Payment system.--
       ``(A) In general.--The term `payment system' means a system 
     used by a person described in subparagraph (B) to effect a 
     credit transaction, electronic fund transfer, or money 
     transmitting service that may be used in connection with, or 
     to facilitate, a restricted transaction, and includes--
       ``(i) a credit card system;
       ``(ii) an international, national, regional, or local 
     network used to effect a credit transaction, an electronic 
     fund transfer, or a money transmitting service; and
       ``(iii) any other system that is centrally managed and is 
     primarily engaged in the transmission and settlement of 
     credit transactions, electronic fund transfers, or money 
     transmitting services.
       ``(B) Persons described.--A person referred to in 
     subparagraph (A) is--
       ``(i) a creditor;
       ``(ii) a credit card issuer;
       ``(iii) a financial institution;
       ``(iv) an operator of a terminal at which an electronic 
     fund transfer may be initiated;

[[Page S8881]]

       ``(v) a money transmitting business; or
       ``(vi) a participant in an international, national, 
     regional, or local network used to effect a credit 
     transaction, electronic fund transfer, or money transmitting 
     service.
       ``(3) Restricted transaction.--The term `restricted 
     transaction' means a transaction or transmittal, on behalf of 
     an individual who places an unlawful drug importation request 
     to any person engaged in the operation of an unregistered 
     foreign pharmacy, of--
       ``(A) credit, or the proceeds of credit, extended to or on 
     behalf of the individual for the purpose of the unlawful drug 
     importation request (including credit extended through the 
     use of a credit card);
       ``(B) an electronic fund transfer or funds transmitted by 
     or through a money transmitting business, or the proceeds of 
     an electronic fund transfer or money transmitting service, 
     from or on behalf of the individual for the purpose of the 
     unlawful drug importation request;
       ``(C) a check, draft, or similar instrument which is drawn 
     by or on behalf of the individual for the purpose of the 
     unlawful drug importation request and is drawn on or payable 
     at or through any financial institution; or
       ``(D) the proceeds of any other form of financial 
     transaction (identified by the Board by regulation) that 
     involves a financial institution as a payor or financial 
     intermediary on behalf of or for the benefit of the 
     individual for the purpose of the unlawful drug importation 
     request.
       ``(4) Unlawful drug importation request.--The term 
     `unlawful drug importation request' means the request, or 
     transmittal of a request, made to an unregistered foreign 
     pharmacy for a prescription drug by mail (including a private 
     carrier), facsimile, phone, or electronic mail, or by a means 
     that involves the use, in whole or in part, of the Internet.
       ``(5) Unregistered foreign pharmacy.--The term 
     `unregistered foreign pharmacy' means a person in a country 
     other than the United States that is not a registered 
     exporter under section 804.
       ``(6) Other definitions.--
       ``(A) Credit; creditor; credit card.--The terms `credit', 
     `creditor', and `credit card' have the meanings given the 
     terms in section 103 of the Truth in Lending Act (15 U.S.C. 
     1602).
       ``(B) Access device; electronic fund transfer.--The terms 
     `access device' and `electronic fund transfer'--
       ``(i) have the meaning given the term in section 903 of the 
     Electronic Fund Transfer Act (15 U.S.C. 1693a); and
       ``(ii) the term `electronic fund transfer' also includes 
     any fund transfer covered under Article 4A of the Uniform 
     Commercial Code, as in effect in any State.
       ``(C) Financial institution.--The term `financial 
     institution'--
       ``(i) has the meaning given the term in section 903 of the 
     Electronic Transfer Fund Act (15 U.S.C. 1693a); and
       ``(ii) includes a financial institution (as defined in 
     section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)).
       ``(D) Money transmitting business; money transmitting 
     service.--The terms `money transmitting business' and `money 
     transmitting service' have the meaning given the terms in 
     section 5330(d) of title 31, United States Code.
       ``(E) Board.--The term `Board' means the Board of Governors 
     of the Federal Reserve System.
       ``(7) Policies and procedures required to prevent 
     restricted transactions.--
       ``(A) Regulations.--The Board shall promulgate regulations 
     requiring--
       ``(i) an operator of a credit card system;
       ``(ii) an operator of an international, national, regional, 
     or local network used to effect a credit transaction, an 
     electronic fund transfer, or a money transmitting service;
       ``(iii) an operator of any other payment system that is 
     centrally managed and is primarily engaged in the 
     transmission and settlement of credit transactions, 
     electronic transfers or money transmitting services where at 
     least one party to the transaction or transfer is an 
     individual; and
       ``(iv) any other person described in paragraph (2)(B) and 
     specified by the Board in such regulations,

     to establish policies and procedures that are reasonably 
     designed to prevent the introduction of a restricted 
     transaction into a payment system or the completion of a 
     restricted transaction using a payment system.
       ``(B) Requirements for policies and procedures.--In 
     promulgating regulations under subparagraph (A), the Board 
     shall--
       ``(i) identify types of policies and procedures, including 
     nonexclusive examples, that shall be considered to be 
     reasonably designed to prevent the introduction of restricted 
     transactions into a payment system or the completion of 
     restricted transactions using a payment system; and
       ``(ii) to the extent practicable, permit any payment 
     system, or person described in paragraph (2)(B), as 
     applicable, to choose among alternative means of preventing 
     the introduction or completion of restricted transactions.
       ``(C) No liability for blocking or refusing to honor 
     restricted transaction.--
       ``(i) In general.--A payment system, or a person described 
     in paragraph (2)(B) that is subject to a regulation issued 
     under this subsection, and any participant in such payment 
     system that prevents or otherwise refuses to honor 
     transactions in an effort to implement the policies and 
     procedures required under this subsection or to otherwise 
     comply with this subsection shall not be liable to any party 
     for such action.
       ``(ii) Compliance.--A person described in paragraph (2)(B) 
     meets the requirements of this subsection if the person 
     relies on and complies with the policies and procedures of a 
     payment system of which the person is a member or in which 
     the person is a participant, and such policies and procedures 
     of the payment system comply with the requirements of the 
     regulations promulgated under subparagraph (A).
       ``(D) Enforcement.--
       ``(i) In general.--This section shall be enforced by the 
     Federal functional regulators and the Federal Trade 
     Commission under applicable law in the manner provided in 
     section 505(a) of the Gramm-Leach-Bliley Act (15 U.S.C. 
     6805(a)).
       ``(ii) Factors to be considered.--In considering any 
     enforcement action under this subsection against a payment 
     system or person described in paragraph (2)(B), the Federal 
     functional regulators and the Federal Trade Commission shall 
     consider the following factors:

       ``(I) The extent to which the payment system or person 
     knowingly permits restricted transactions.
       ``(II) The history of the payment system or person in 
     connection with permitting restricted transactions.
       ``(III) The extent to which the payment system or person 
     has established and is maintaining policies and procedures in 
     compliance with regulations prescribed under this subsection.

       ``(8) Transactions permitted.--A payment system, or a 
     person described in paragraph (2)(B) that is subject to a 
     regulation issued under this subsection, is authorized to 
     engage in transactions with foreign pharmacies in connection 
     with investigating violations or potential violations of any 
     rule or requirement adopted by the payment system or person 
     in connection with complying with paragraph (7). A payment 
     system, or such a person, and its agents and employees shall 
     not be found to be in violation of, or liable under, any 
     federal, state or other law by virtue of engaging in any such 
     transaction.
       ``(9) Relation to state laws.--No requirement, prohibition, 
     or liability may be imposed on a payment system, or a person 
     described in paragraph (2)(B) that is subject to a regulation 
     issued under this subsection, under the laws of any state 
     with respect to any payment transaction by an individual 
     because the payment transaction involves a payment to a 
     foreign pharmacy.
       ``(10) Timing of requirements.--A payment system, or a 
     person described in paragraph (2)(B) that is subject to a 
     regulation issued under this subsection, must adopt policies 
     and procedures reasonably designed to comply with any 
     regulations required under paragraph (7) within 60 days after 
     such regulations are issued in final form.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the day that is 90 days after the date 
     of enactment of this title.
       (c) Implementation.--The Board of Governors of the Federal 
     Reserve System shall promulgate regulations as required by 
     subsection (g)(7) of section 303 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 333), as added by subsection (a), 
     not later than 90 days after the date of enactment of this 
     title.

     SEC. __9. IMPORTATION EXEMPTION UNDER CONTROLLED SUBSTANCES 
                   IMPORT AND EXPORT ACT.

       Section 1006(a)(2) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 956(a)(2)) is amended by striking ``not 
     import the controlled substance into the United States in an 
     amount that exceeds 50 dosage units of the controlled 
     substance.'' and inserting ``import into the United States 
     not more than 10 dosage units combined of all such controlled 
     substances.''.
                                 ______
                                 
  SA 1533. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
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:


   Sense of the Senate Regarding Oil and Gas Exploration on Military 
                               Operations

       (A) Findings.--The Senate finds the following:
       (1) Whereas the U.S. Air Force and Navy conduct vital and 
     critical national security preparedness missions in the 
     Eastern Gulf of Mexico
       (2) Whereas the U.S. Air Force and Navy have had to move 
     their live-fire training operations from Vieques, Puerto Rico
       (3) Whereas these training operations are critical for the 
     battle-preparedness of military personnel
       (4) Whereas the training areas for these live-fire missions 
     are restricted to an increasingly limited area
       (5) Whereas a oil and gas exploration operations in the 
     vicinity of U.S. military training operations poses a risk to 
     human life and

[[Page S8882]]

     an accident could threaten and impact coastal communities and 
     beaches
       (6) Where as military personnel have expressed concerns 
     with oil and gas operations impeding on their training in the 
     Eastern Gulf of Mexico
       (B) The Sense of the Senate.--It is the Sense of the Senate 
     that oil and gas exploration operations should not interfere 
     with the training missions and operations of the Department 
     of Defense.
                                 ______
                                 
  SA 1534. Mr. DeWINE (for himself, Mr. Biden, and Mr. Lieberman) 
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 286, between lines 7 and 8, insert the following:

     SEC. 1073. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL 
                   AGREEMENTS.

       Subsection (b) of the first section of the Act of May 27, 
     1955 (69 Stat. 66, chapter 105; 42 U.S.C. 1856(b)) is amended 
     by striking ``and fire fighting'' and inserting ``, fire 
     fighting, and emergency services, including basic and 
     advanced life support, hazardous material containment and 
     confinement, and special rescue events involving vehicular 
     and water mishaps, and trench, building, and confined space 
     extractions''.
                                 ______
                                 
  SA 1535. Ms. SNOWE submitted an amendment intended to be proposed by 
her 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 213, between lines 2 and 3, insert the following:

     SEC. 807. MODIFICATION OF LIMITATION ON CONVERSION TO 
                   CONTRACTOR PERFORMANCE.

       Section 8014(a)(3) of the Department of Defense 
     Appropriations Act, 2005 (Public law 108-287; 118 Stat. 972) 
     is amended--
       (1) in subparagraph (A), by inserting ``, payment that 
     could be used in lieu of such a plan, health savings account, 
     or medical savings account'' after ``health insurance plan''; 
     and
       (2) in subparagraph (B), by striking ``that requires'' and 
     all that follows through the end of the subparagraph and 
     inserting ``that does not comply with the requirements of any 
     Federal law governing the provision of health care benefits 
     by Government contractors that would be applicable if the 
     contractor performed the activity or function under the 
     contract.''.
                                 ______
                                 
  SA 1536. Ms. SNOWE submitted an amendment intended to be proposed by 
her 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 220, strike lines 1 through 3, and insert the 
     following:
       (e) Commercialization Pilot Program.--
       (1) In general.--The Secretary of Defense and each 
     Secretary of a military department, until September 30, 2008, 
     shall create and administer a pilot program to accelerate the 
     transition of technologies, products, and services developed 
     under the Small Business Innovation Research Program and the 
     Small Business Technology Transfer Program to Phase III of 
     the applicable program.
       (2) Funding.--For purposes of the pilot program under this 
     subsection, the Secretary of Defense and each Secretary of a 
     military department is authorized to use not more than an 
     amount equal to 1 percent of the funds available to the 
     Department of Defense or the military department to carry out 
     the Small Business Innovation Research Program and the Small 
     Business Technology Transfer Program under subsections (f) 
     and (n) of section 9 of the Small Business Act (15 U.S.C. 
     638).
       (3) Exemption.--The pilot program authorized by this 
     subsection shall not be subject to the limitations on the use 
     of funds in subsections (f)(2) and (n)(2) of section 9 of the 
     Small Business Act (15 U.S.C. 638).
       (4) Reports.--
       (A) In general.--Once the Secretary of Defense or the 
     Secretary of a military department creates a pilot program 
     under this subsection, such Secretary shall submit to the 
     Committee on Armed Services and the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Armed Services and the Committee on Small Business of the 
     House of Representatives at the end of each fiscal year a 
     report regarding the activities under the pilot program 
     during the preceding year.
       (B) Contents.--Each report under subparagraph (A) shall 
     include, for the year covered by such report--
       (i) an accounting of the funds used in any pilot program;
       (ii) a detailed description of the pilot program; and
       (iii) a detailed compilation of results achieved by such 
     pilot program in terms of businesses assisted and the number 
     of inventions transitioned.
       (f) Award Inflation Adjustments.--Section 9 of the Small 
     Business Act (15 U.S.C. 638) is amended--
       (1) in subsection (j)(2)(D)--
       (A) by striking ``an increase to $100,000'' and inserting 
     the following: ``a process to--
       ``(i) make an increase to $100,000'';
       (B) by striking ``once every 5 years'' and inserting the 
     following: ``under section 35A of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 431a)''; and
       (C) by adding at the end the following:
       ``(ii) permit the head of an agency to further adjust the 
     amount of funds an agency may award in the first and second 
     phase of an SBIR program;''; and
       (2) in subsection (p)(2)(B)(ix)--
       (A) by striking ``and'' before ``2-year awards''; and
       (B) by inserting before ``greater or lesser amounts'' the 
     following: ``and an adjustment of such amounts under section 
     35A of the Office of Federal Procurement Policy Act (41 
     U.S.C. 431a),''.
       (g) Mentor-Protege Assistance.--Section 8(d)(4)(E) of the 
     Small Business Act (15 U.S.C. 637(d)(4)(E)) is amended by 
     inserting before the period at the end the following: ``: 
     Provided further, That Federal agencies are encouraged to 
     provide such incentives to small business concerns 
     participating in the Small Business Innovation Research and 
     Small Business Technology Transfer Programs in accordance 
     with requirements for such programs under section 9''.
       (h) Testing and Evaluation Authority.--Section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `commercial applications' includes testing 
     and evaluation of products, services, or technologies for use 
     in technical or weapons systems.''.
       (i) Small Business Innovation Research Program Defined.--In 
     this section, the term ``Small Business Innovation Research 
     Program'' has the meaning
                                 ______
                                 
  SA 1537. Ms. SNOWE submitted an amendment intended to be proposed by 
her 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 220, strike lines 1 through 3, and insert the 
     following:
       (e) Commercialization Pilot Program.--
       (1) In general.--The Secretary of Defense and each 
     Secretary of a military department, until September 30, 2008, 
     is authorized to create and administer a pilot program to 
     accelerate the transition of technologies, products, and 
     services developed under the Small Business Innovation 
     Research Program and the Small Business Technology Transfer 
     Program to Phase III of the applicable program.
       (2) Funding.--For purposes of the pilot program under this 
     subsection, the Secretary of Defense and each Secretary of a 
     military department is authorized to use not more than an 
     amount equal to 1 percent of the funds available to the 
     Department of Defense or the military department to carry out 
     the Small Business Innovation Research Program and the Small 
     Business Technology Transfer Program under subsections (f) 
     and (n) of section 9 of the Small Business Act (15 U.S.C. 
     638).
       (3) Exemption.--The pilot program authorized by this 
     subsection shall not be subject to the limitations on the use 
     of funds in subsections (f)(2) and (n)(2) of section 9 of the 
     Small Business Act (15 U.S.C. 638).
       (4) Reports.--
       (A) In general.--If the Secretary of Defense or the 
     Secretary of a military department creates a pilot program 
     under this subsection, such Secretary shall submit to the 
     Committee on Armed Services and the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Armed Services and the Committee on Small Business of the 
     House of Representatives at the end of each fiscal year a 
     report regarding the activities under the pilot program 
     during the preceding year.
       (B) Contents.--Each report under subparagraph (A) shall 
     include, for the year covered by such report--
       (i) an accounting of the funds used in any pilot program;
       (ii) a detailed description of the pilot program; and
       (iii) a detailed compilation of results achieved by such 
     pilot program in terms of

[[Page S8883]]

     businesses assisted and the number of inventions 
     transitioned.
       (f) Award Inflation Adjustments.--Section 9 of the Small 
     Business Act (15 U.S.C. 638) is amended--
       (1) in subsection (j)(2)(D)--
       (A) by striking ``an increase to $100,000'' and inserting 
     the following: ``a process to--
       ``(i) make an increase to $100,000'';
       (B) by striking ``once every 5 years'' and inserting the 
     following: ``under section 35A of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 431a)''; and
       (C) by adding at the end the following:
       ``(ii) permit the head of an agency to further adjust the 
     amount of funds an agency may award in the first and second 
     phase of an SBIR program;''; and
       (2) in subsection (p)(2)(B)(ix)--
       (A) by striking ``and'' before ``2-year awards''; and
       (B) by inserting before ``greater or lesser amounts'' the 
     following: ``and an adjustment of such amounts under section 
     35A of the Office of Federal Procurement Policy Act (41 
     U.S.C. 431a),''.
       (g) Mentor-Protege Assistance.--Section 8(d)(4)(E) of the 
     Small Business Act (15 U.S.C. 637(d)(4)(E)) is amended by 
     inserting before the period at the end the following: ``: 
     Provided further, That Federal agencies are encouraged to 
     provide such incentives to small business concerns 
     participating in the Small Business Innovation Research and 
     Small Business Technology Transfer Programs in accordance 
     with requirements for such programs under section 9''.
       (h) Testing and Evaluation Authority.--Section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `commercial applications' includes testing 
     and evaluation of products, services, or technologies for use 
     in technical or weapons systems.''.
       (i) Small Business Innovation Research Program Defined.--In 
     this section, the term ``Small Business Innovation Research 
     Program'' has the meaning
                                 ______
                                 
  SA 1538. Ms. SNOWE submitted an amendment intended to be proposed by 
her 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 237, after line 17, insert the following:

     SEC. 846. TERMINATION OF PROGRAM.

       Section 711(c) of the Small Business Competitive 
     Demonstration Program Act of 1988 (15 U.S.C. 644 note) is 
     amended by inserting after ``January 1, 1989'' the following: 
     ``, and shall terminate on the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2006''.
                                 ______
                                 
  SA 1539. 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:

     SEC.   . BUILDING THE PARTNERSHIP SECURITY CAPACITY OF 
                   FOREIGN MILITARY AND SECURITY FORCES.

       (a) Authority.--The President may authorize building the 
     capacity of partner nations' military or security forces to 
     disrupt or destroy terrorist networks, close safe havens, or 
     participate in or support United States, coalition, or 
     international military or stability operations.
       (b) Types of Partnership Security Capacity Building.--The 
     partnership security capacity building authorized under 
     subsection (a) may include the provision of equipment, 
     supplies, services, training, and funding.
       (c) Availability of Funds.--The Secretary of Defense may, 
     with the concurrence of the Secretary of State, implement 
     partnership security capacity building as authorized under 
     section (a) including by transferring funds available to the 
     Department of Defense to the Department of State, or to any 
     other federal agency. Any funds so transferred shall remain 
     available until expended. The amount of such partnership 
     security capacity building provided by the Department of 
     Defense under this section may not exceed $750,000,000 in any 
     fiscal year.
       (d) Congressional Notification.--Before building 
     partnership security capacity under this section, the 
     Secretaries of State and Defense shall submit to their 
     congressional oversight committees a notification of the 
     nations designated by the President with which partnership 
     security capacity will be built under this section and the 
     nature and amounts of security capacity building to occur. 
     Any such notification shall be building. submitted not less 
     than 7 days before the provision of such partnership security 
     capacity building.
       (e) Military and Security Forces Defined.--For purposes of 
     this section, the term `military and security forces' 
     includes armies, guard, border security, civil defense, 
     infrastructure protection, and police forces.
       (f) Complementary Authority.--The authority to build 
     partnership security capacity under this section is in 
     addition to any other authority of the Department of Defense 
     to provide assistance to a foreign country.

     SEC.  . SECURITY AND STABILIZATION ASSISTANCE.

       (a) In General.--Notwithstanding any other provision of 
     law, upon a request from the Secretary of State and upon a 
     determination by the Secretary of Defense that an unforeseen 
     emergency exists that requires immediate reconstruction, 
     security, or stabilization assistance to a foreign country 
     for the purpose of restoring or maintaining peace and 
     security in that country, and that the provision of such 
     assistance is in the national security interests of the 
     United States, the Secretary of Defense may authorize the use 
     or transfer of defense articles, services, training or other 
     support, including support acquired by contract or otherwise, 
     to provide such assistance.
       (b) Availability of Funds.--Subject to subsection (a), the 
     Secretary of Defense may transfer funds available to the 
     Department of Defense to the Department of State, or to any 
     other federal agency, to carry out the purposes of this 
     section, and funds so transferred shall remain available 
     until expended.
       (c) Limitation.--The aggregate value of assistance provided 
     or funds transferred under the authority of this section may 
     not exceed $200,000,000.
       (d) Complementary Authority.--The authority to provide 
     assistance under this section shall be in addition to any 
     other authority to provide assistance to a foreign country.
       (e) Expiration.--The authority in this section shall expire 
     on September 30, 2006.
                                 ______
                                 
  SA 1540. Ms. SNOWE (for herself and Mr. Kerry) submitted an amendment 
intended to be proposed by her 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 237, after line 17, insert the following:

     SEC. 846. SMALL BUSINESS CONTRACTING IN OVERSEAS 
                   PROCUREMENTS.

       (a) Congressional Findings and Reaffirmation of Existing 
     Policy.--
       (1) Findings.--Congress finds that--
       (A) small business contracting in support of overseas 
     activities of the Federal Government strengthens the trade 
     posture of the United States in the global marketplace;
       (B) small business contractors are a vital component of the 
     civilian and defense industrial base, and they have provided 
     outstanding value in support of the activities of the Federal 
     Government domestically and internationally, especially in 
     the international reconstruction, stabilization, and 
     assistance activities in the Global War on Terror;
       (C) maintaining a vital small business industrial base 
     protects the Federal Government from higher costs and reduced 
     innovation that accompany undue consolidation of Government 
     contracts;
       (D) Congress has a strong interest in preserving the 
     competitive nature of the Government contracting marketplace, 
     particularly with regard to performance of Federal contracts 
     and subcontracts overseas;
       (E) small business contractors suffer competitive harm and 
     the Federal Government suffers a needless reduction in 
     competition and a needless shrinkage of its industrial base 
     when Federal agencies exempt contracts and subcontracts 
     awarded for performance overseas from the application of the 
     Small Business Act;
       (F) small businesses desiring to support the troops 
     deployed in the Global War on Terror and the reconstruction 
     of Iraq and Afghanistan have faced needless hurdles to 
     meaningful participation in Government contracts and 
     subcontracts; and
       (G) Congress has a strong interest in holding large prime 
     contractors accountable for fulfilling their subcontracting 
     plans on overseas assistance and reconstruction projects.
       (2) Reaffirmation of policy.--In light of the findings in 
     paragraph (1), Congress reaffirms its policy contained in 
     sections 2 and 15 of the Small Business Act (15 U.S.C. 631, 
     644) and section 302 of the Small Business Economic Policy 
     Act of 1980 (15 U.S.C. 631a) to promote international 
     competitiveness of United States small businesses and to 
     ensure that small business concerns are awarded a fair 
     portion of all Federal prime contracts, and subcontracts, 
     regardless of geographic area.
       (b) Compliance.--Not later than 270 days after the date of 
     enactment of this Act, the head of each Federal agency, 
     office, and department having jurisdiction over acquisition 
     regulations shall conduct regulatory reviews to ensure that 
     such regulations require

[[Page S8884]]

     compliance with the Small Business Act in Federal prime 
     contracts and subcontracts, regardless of the geographic 
     place of award or performance, and shall promulgate any 
     necessary conforming changes to such regulations.
       (c) Cooperation With the Small Business Administration.--
     The Administrator and the Chief Counsel for Advocacy of the 
     Small Business Administration shall be consulted for 
     recommendations concerning regulatory reviews and changes 
     required by such reviews.
       (d) Conflicting Provisions of Law.--In conducting any 
     regulatory review or promulgating any changes required by a 
     review, due note and recognition shall be given to the 
     specific requirements and procedures of any other Federal 
     statute or treaty which may exempt any Federal prime contract 
     or subcontract from the application of the Small Business Act 
     in whole or in part.
       (e) Report to Congressional Committees.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator and the Chief Counsel for Advocacy of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and to the 
     Committee on Small Business of the House of Representatives a 
     report on the activities of Federal agencies, offices, and 
     departments in carrying out this section.
                                 ______
                                 
  SA 1541. Ms. SNOWE (for herself and Mr. Kerry) submitted an amendment 
intended to be proposed by her 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 237, after line 17, insert the following:

     SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.

       (a) Findings and Reaffirmations of Congressional Policy.--
       (1) Findings.--Congress finds that--
       (A) multiple-award contracts have increased administrative 
     efficiency in Government procurement;
       (B) at the same time, small businesses and firms new to 
     Government contracting have experienced problems with 
     transparency and fairness in gaining access to multiple-award 
     contracts;
       (C) data presented before the Acquisition Advisory Panel 
     for the Office of Federal Procurement Policy indicates that 
     the small business share of sales under the Federal Supply 
     Schedules amounts to less than half of the small business 
     share of Federal Supply Schedule contracts;
       (D) Federal contracting officials incorrectly persist in 
     limiting competition under the Federal Supply Schedule 
     acquisitions to no more than 3 bidders; and
       (E) the small business reservation and greater notice 
     requirements will promote greater and fairer access to 
     multiple-award contracts.
       (2) Congressional policy.--
       (A) In general.--Congress reaffirms its policy stated in 
     section 15(j) of the Small Business Act (15 U.S.C. 644(j)), 
     to provide a small business reservation for all contracts 
     below the simplified acquisition threshold, specifically 
     including Federal Supply Schedule contracts and multi-agency 
     contracts.
       (B) Multiple-award contracts.--Congress favors increasing 
     competition in the use of multiple-award contracts by 
     civilian agencies, as was previously increased for defense 
     agencies in section 803 of the National Defense Authorization 
     Act for Fiscal Year 2002 (10 U.S.C. 2304 note).
       (b) Small Business Participation Assurances.--Section 15(j) 
     of the Small Business Act (15 U.S.C. 644(j)) is amended--
       (1) in paragraph (2), by striking ``(2) In carrying out 
     paragraph (1)'' and inserting the following:
       ``(3) In carrying out paragraphs (1) and (2)'';
       (2) in paragraph (3), by striking ``(3) Nothing in 
     paragraph (1)'' and inserting:
       ``(4) Nothing in this subsection''; and
       (3) by inserting after paragraph (1) the following:
       ``(2)(A) In the case of orders under multiple-award 
     contracts, including Federal Supply Schedule contracts and 
     multi-agency contracts, contracting officers shall consider 
     not fewer than 2 small business concerns, if such small 
     business concerns can offer the items sought by the 
     contracting officer on terms that are competitive with 
     respect to price, quality, and delivery schedule with the 
     goods or services otherwise available in the market.
       ``(B) If only 1 small business concern can satisfy the 
     requirement, the contracting officer shall consider such 
     small business concern in awarding the contract.''.
       (c) Competition Requirement for Purchase of Services 
     Pursuant to Multiple-Award Contracts.--Not later than 180 
     days after the date of enactment of this Act, the Federal 
     Acquisition Regulation shall be amended to promote 
     competition in multiple-award contracts by civilian agencies 
     on the same terms as are applicable to the Department of 
     Defense and defense agencies pursuant to section 803 of the 
     National Defense Authorization Act for Fiscal Year 2002 (10 
     U.S.C. 2304 note).
       (d) Report Requirement.--
       (1) In general.--Not less frequently than once every 180 
     days, the Administrator of the Small Business Administration 
     shall submit a report on the level of participation of small 
     business concerns in multiple-award contracts, including 
     Federal Supply Schedule contracts, to--
       (A) the Administrator, Office for Federal Procurement 
     Policy;
       (B) the Committee on Small Business and Entrepreneurship of 
     the Senate; and
       (C) the Committee on Small Business of the House of 
     Representatives.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall contain, for the 6-month reporting period--
       (A) the total number of multiple-award contracts;
       (B) the total number of small business concerns that 
     received multiple-award contracts;
       (C) the total number of orders;
       (D) the total value of orders;
       (E) the number of orders received by small business 
     concerns;
       (F) the value of orders received by small business 
     concerns;
       (G) the number of small business concerns that received 
     orders; and
       (H) such other information that may be relevant.
                                 ______
                                 
  SA 1542. Ms. SNOWE submitted an amendment intended to be proposed by 
her 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 237, after line 12, insert the following:

     SEC. 846. BATTLEFIELD SMALL BUSINESS CONTRACTORS.

       Section 3 of the Small Business Act (15 U.S.C. 632) is 
     amended by adding at the end:
       ``(s) Battlefield Small Business Contractors.--
       ``(1) In general.--The Administrator shall--
       ``(A) not later than 30 days after the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2006, 
     promulgate a regulation or issue an order excluding receipts 
     received by a small business concern as reimbursements for 
     security services related to business operations of such 
     small business concern under any Federal contract or 
     subcontract performed in a qualified area from applicable 
     size standards; and
       ``(B) not later than 180 days after the date of enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2006, submit a report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives concerning the 
     desirability and feasability of providing any other size 
     standards exemptions for small business concerns working 
     under Federal contracts or subcontracts in a qualified area.
       ``(2) Definition.--In this subsection, the term `qualified 
     area' means--
       ``(A) Iraq,
       ``(B) Afghanistan, and
       ``(C) any foreign country which included a combat zone, as 
     that term is defined in section 112(c)(2) of the Internal 
     Revenue Code of 1986, at the time of performance of the 
     relevant Federal contract or subcontract.''.
                                 ______
                                 
  SA 1543. Mr. DOMENICI (for himself and Mr. Graham) 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 372, line 3, insert after ``$1,637,239,000'' the 
     following: ``, of which amount $338,565,000 shall be 
     available for project 99-D-143, the Mixed Oxide Fuel 
     Fabrication Facility, Savannah River Site, Aiken, South 
     Carolina, and $24,000,000 shall be available for project 99-
     D-141, the Pit Disassembly and Conversion Facility, Savannah 
     River Site, Aiken, South Carolina''.
                                 ______
                                 
  SA 1544. Mr. DOMENICI (for himself and Mr. Bingaman) 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:

[[Page S8885]]

     SEC. 213. LONG WAVELENGTH ARRAY LOW FREQUENCY RADIO ASTRONOMY 
                   INSTRUMENTS.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation, Navy.--The amount authorized to be appropriated 
     by section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby increased by $6,000,000.
       (b) Availability of Amount.--
       (1) In general.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, as increased by subsection 
     (a), $6,000,000 may be available for research and development 
     on Long Wavelength Array low frequency radio astronomy 
     instruments.
       (2) Construction with other amounts.--The amount available 
     under paragraph (1) for the purpose set forth in that 
     paragraph is in addition to any other amounts available under 
     this Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(1) for operation and maintenance for the Army is 
     hereby reduced by $6,000,000.
                                 ______
                                 
  SA 1545. Mr. DOMENICI 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 A of title V, add the following:

     SEC. 509. RETIRED RANK OF VICE ADMIRAL FOR CHIEF OF NAVAL 
                   RESEARCH AFTER CERTAIN YEARS OF SERVICE IN 
                   POSITION.

       Section 5022(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(3) An officer who is retired after completing service as 
     Chief of Naval Research and serving in such position in the 
     grade of rear admiral (upper half) may, at the discretion of 
     the President, be retired with the rank and grade of vice 
     admiral. If so retired in the grade of vice admiral, the 
     officer is entitled to the retired pay of that grade, unless 
     entitled to higher pay under another provision of law.''.
                                 ______
                                 
  SA 1546. Mr. DOMENICI (for himself, Mrs. Hutchison, and Mr. Bingaman) 
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 G of title X, add the following:

     SEC. 1073. ELIMINATION OF THE 2-YEAR WAIT OUT PERIOD FOR 
                   GRANT RECIPIENTS.

       Section 504(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1101c(a)) is amended--
       (1) by striking ``Period.--'' and all that follows through 
     ``The Secretary'' and inserting ``Period.--The Secretary''; 
     and
       (2) by striking paragraph (2).
                                 ______
                                 
  SA 1547. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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. TRAINING SUPPORT EQUIPMENT FOR THE MARINE CORPS 
                   RESERVE.

       (a) Additional Amount for Operation and Maintenance, Marine 
     Corps.--The amount authorized to be appropriated by section 
     301(3) for operation and maintenance for the Marine Corps is 
     hereby increased by $20,379,000.
       (b) Availability of Amount.--
       (1) In general.--Of the amount authorized to be 
     appropriated by section 301(3) for operation and maintenance 
     for the Marine Corps, as increased by subsection (a), 
     $20,379,000 may be available for training support equipment 
     for the Marine Corps Reserve, including the procurement of 
     the following:
       (A) Improved load bearing equipment (ILBE).
       (B) Lightweight helmets (LWH).
       (C) Goggles and spectacles under of the military eye 
     protection system (MEPS).
       (D) Outer tactical vests (OTV).
       (E) Full spectrum battle equipment (FSBE) for individuals 
     and platoons.
       (F) Combat assault slings (CAS).
       (G) Individual first aid kits (IFAK).
       (H) Individual water purification (IWP) systems.
       (I) Field tarps.
       (J) All purpose environmental clothing.
       (K) Extended cold weather (APEC) gortex clothing.
       (L) Reversible helmet covers (RHC).
       (M) Small arms protective insert (SAPI) plates.
       (2) Supplement not supplant.--Amounts available under 
     paragraph (1) for purposes specified in that paragraph are in 
     addition to any other amounts available in this Act for such 
     purposes.
                                 ______
                                 
  SA 1548. Mr. CONRAD 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 305, strike line 2 and all that follows through 
     line 6, and insert the following:
       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for the procurement 
     accounts for the Air Force in the amounts as follows:
       (1) For aircraft, $323,200,000.
       (2) For other procurement, $51,900,000.
       (b) Availability of Certain Amounts.--Of the amounts 
     authorized to be appropriated by subsection (a)(1), 
     $218,500,000 shall be available for purposes as follows:
       (1) Procurement of Predator MQ-1 air vehicles, initial 
     spares, and RSP kits.
       (2) Procurement of Containerized Dual Control Station 
     Launch and Recovery Elements.
       (3) Procurement of a Fixed Ground Control Station.
       (4) Procurement of other upgrades to Predator MQ-1 Ground 
     Control Stations, spares, and signals intelligence packages.

     SEC. 1405A. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR 
                   IRAQ FREEDOM FUND.

       The amount authorized to be appropriated for fiscal year 
     2006 for the Iraq Freedom Fund is the amount specified by 
     section 1409(a) of this Act, reduced by $218,500,000.
                                 ______
                                 
  SA 1549. Mr. JEFFORDS 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 G of title X, insert the following:

     SEC. 1073. PILOT PROGRAMS FOR USE OF LEAVE BY SPOUSES OF 
                   INDIVIDUALS PERFORMING NATIONAL GUARD OR 
                   RESERVE SERVICE.

       (a) Short Title.--This section may be cited as the 
     ``National Guard and Reserve Service Leave Act of 2005''.
       (b) Federal Employees Program.--
       (1) Definitions.--In this subsection:
       (A) Agency.--The term ``agency'' means an Executive agency 
     that employs an employee.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by the 
     spouse of an employee while that spouse--
       (i) is a member of a reserve component of the Armed Forces 
     as described under section 10101 of title 10, United States 
     Code; and
       (ii) is serving on active duty in the Armed Forces in 
     support of a contingency operation as defined under section 
     101(a)(13) of title 10, United States Code.
       (C) Employee.--The term ``employee'' has the meaning given 
     under section 6331 of title 5, United States Code.
       (D) Executive agency.--The term ``Executive agency'' has 
     the meaning given under section 105 of title 5, United States 
     Code.
       (2) Establishment of program.--The Office of Personnel 
     Management shall establish a pilot program to authorize an 
     employee to--
       (A) use any sick leave of that employee during a covered 
     period of service in the same manner and to the same extent 
     as annual leave is used; and
       (B) use any leave available to that employee under 
     subchapter III or IV of chapter 63 of title 5, United States 
     Code, during a covered period of service as though that 
     covered period of service is a medical emergency.
       (3) Agency participation.--Agencies may apply to the Office 
     of Personnel Management to participate in the pilot program 
     under this subsection. The Office of Personnel Management 
     shall select at least 5 agencies to participate in the pilot 
     program. For purposes of this paragraph the Office of 
     Personnel Management may treat any office or other 
     organizational entity within an agency as an agency.
       (4) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out this subsection.
       (5) Termination.--The pilot program under this subsection 
     shall terminate on December 31, 2007.
       (c) Voluntary Private Sector Leave Program.--

[[Page S8886]]

       (1) Definitions.--In this subsection:
       (A) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by the 
     spouse of an employee while that spouse--
       (i) is a member of a reserve component of the Armed Forces 
     as described under section 10101 of title 10, United States 
     Code; and
       (ii) is serving on active duty in the Armed Forces in 
     support of a contingency operation as defined under section 
     101(a)(13) of title 10, United States Code.
       (B) Employee.--The term ``employee'' means an employee of a 
     business entity participating in the program under this 
     subsection.
       (2) Establishment of program.--
       (A) In general.--The Secretary of Labor shall establish a 
     pilot program to authorize employees of business entities 
     described under paragraph (3) to use sick leave, or any other 
     leave available to an employee, during a covered period of 
     service in the same manner and to the same extent as annual 
     leave (or its equivalent) is used.
       (B) Exception.--Subparagraph (A) shall not apply to leave 
     made available under the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2601 et seq.).
       (3) Voluntary business participation.--The Secretary of 
     Labor shall solicit business entities to voluntarily 
     participate in the pilot program under this subsection.
       (4) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Labor shall prescribe 
     regulations to carry out this subsection.
       (5) Termination.--The pilot program under this subsection 
     shall terminate on December 31, 2007.
       (d) GAO Report.--Not later than December 31, 2006, the 
     Government Accountability Office shall submit a report to 
     Congress on the programs under subsections (a) and (b) that 
     includes--
       (1) an evaluation of the success of each program; and
       (2) recommendations for the continuance or termination of 
     each program.
                                 ______
                                 
  SA 1550. Mr. FEINGOLD 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 48, line 21, strike ``$18,584,469,000'' and insert 
     ``$18,581,369,000''.
       At the appropriate place, insert the following:

     SEC. __. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

       (a) Establishment.--The Secretary of Defense (referred to 
     in this section as the ``Secretary''), through the National 
     Security Education Program, shall conduct a 3-year pilot 
     project to establish the Civilian Linguist Reserve Corps, 
     which shall be composed of United States citizens with 
     advanced levels of proficiency in foreign languages who would 
     be available, upon request from the President, to perform any 
     services or duties with respect to such foreign languages in 
     the Federal Government as the President may require.
       (b) Implementation.--In establishing the Civilian Linguist 
     Reserve Corps, the Secretary, after reviewing the findings 
     and recommendations contained in the report required under 
     section 325 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (Public Law 107-306; 116 Stat. 2393), shall--
       (1) identify several foreign languages that are critical 
     for the national security of the United States and the 
     relative priority of each such language;
       (2) identify United States citizens with advanced levels of 
     proficiency in those foreign languages who would be available 
     to perform the services and duties referred to in subsection 
     (a);
       (3) cooperate with other Federal agencies with national 
     security responsibilities to implement a procedure for 
     calling for the performance of the services and duties 
     referred to in subsection (a); and
       (4) implement a call for the performance of such services 
     and duties.
       (c) Contract Authority.--In establishing the Civilian 
     Linguist Reserve Corps, the Secretary may enter into 
     contracts with appropriate agencies or entities.
       (d) Feasibility Study.--During the course of the pilot 
     project, the Secretary shall conduct a study of the best 
     practices in implementing the Civilian Linguist Reserve 
     Corps, including--
       (1) administrative structure;
       (2) languages to be offered;
       (3) number of language specialists needed for each 
     language;
       (4) Federal agencies who may need language services;
       (5) compensation and other operating costs;
       (6) certification standards and procedures;
       (7) security clearances;
       (8) skill maintenance and training; and
       (9) the use of private contractors to supply language 
     specialists.
       (e) Reports.--
       (1) Evaluation reports.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter until the 
     expiration of the 3-year period beginning on such date of 
     enactment, the Secretary shall submit to Congress an 
     evaluation report on the pilot project conducted under this 
     section.
       (B) Contents.--Each report required under subparagraph (A) 
     shall contain information on the operation of the pilot 
     project, the success of the pilot project in carrying out the 
     objectives of the establishment of a Civilian Linguist 
     Reserve Corps, and recommendations for the continuation or 
     expansion of the pilot project.
       (2) Final report.--Not later than 6 months after the 
     completion of the pilot project, the Secretary shall submit 
     to Congress a final report summarizing the lessons learned, 
     best practices, and recommendations for full implementation 
     of the Civilian Linguist Reserve Corps.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $3,100,000 for fiscal year 2006 to carry 
     out the pilot project under this section.
                                 ______
                                 
  SA 1551. Mr. BAYH 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, add the following:

        DIVISION D--CERTAIN MERGERS, ACQUISITIONS, AND TAKEOVERS

            TITLE XLI--MERGERS, ACQUISITIONS, AND TAKEOVERS

     SEC. 4101. DEFENSE PRODUCTION ACT.

       (a) In General.--Section 721 of the Defense Production Act 
     (50 U.S.C. App. 2170) is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (i) and (j), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(g) Notification and Investigation.--
       ``(1) Notification.--
       ``(A) In general.--Any entity described in subparagraph (B) 
     shall notify the President at least 60 days before a proposed 
     merger, acquisition, or takeover described in subparagraph 
     (B)(ii).
       ``(B) Entity described.--An entity described in this 
     subparagraph is an entity that--
       ``(i) is controlled by, or acting on behalf of, a foreign 
     government; and
       ``(ii) seeks to engage in a merger, acquisition, or 
     takeover of a United States entity that has energy assets 
     valued at $1,000,000,000 or more, that could result in 
     control of a person engaged in interstate commerce in the 
     United States that could affect the national security of the 
     United States.
       ``(2) Investigation.--A mandatory investigation under 
     subsection (b) shall be required in the case of a merger, 
     acquisition, or takeover described in paragraph (1)(B)(ii) by 
     an entity described in paragraph (1)(B).
       ``(h) President's Designee Defined.--In this section, the 
     term `President's designee' means the Secretary of Commerce, 
     the Secretary of Defense, the Secretary of Homeland Security, 
     the Secretary of State, the Secretary of the Treasury, the 
     Attorney General, the Director of National Intelligence, and 
     appropriate employees of the Executive Office of the 
     President.''.
       (b) Notification.--Section 721(i) of the Defense Production 
     Act (50 U.S. C. App. 2170), as redesignated by subsection 
     (a)(1), is amended--
       (1) by striking ``The President'' and inserting ``(1) 
     Report on action.--The President''; and
       (2) by adding at the end the following:
       ``(2) Report on notification.--The President shall 
     immediately transmit to the Secretary of the Senate and the 
     Clerk of the House of Representatives written notification as 
     soon as the President receives a notification under 
     subsection (b) or (g).''.
       (c) Factors To Be Considered.--Section 721(f) of the 
     Defense Production Act (50 U.S.C. App. 2170(f)) is amended--
       (1) by striking ``and'' at end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``;''; and
       (3) by adding at the end the following:
       ``(6) the robust and expanding defense capabilities of the 
     country in which the acquiring entity is located; and
       ``(7) the nature of the bilateral relationship with the 
     country in which the acquiring entity is located.''.
                                 ______
                                 
  SA 1552. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her 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:


[[Page S8887]]


       At the appropriate place, insert the following:

     SEC. __. INCLUSION OF VA HEALTH BENEFITS HOTLINE INFORMATION 
                   IN SOCIAL SECURITY BENEFIT DECISION AND 
                   ADJUSTMENT NOTICES AND ACCOUNT STATEMENTS.

       (a) Benefit Decision and Adjustment Notices.--Section 
     205(s) of the Social Security Act (42 U.S.C. 405(s)) is 
     amended--
       (1) in the first sentence--
       (A) by striking ``(1)'' and inserting ``(i)'';
       (B) by striking ``(2)'' and inserting ``(ii)''; and
       (C) by inserting ``(1)(A)'' after ``(s)'';
       (2) in the second sentence--
       (A) by inserting ``(B)'' before ``In''; and
       (B) by striking ``paragraph (2)'' and inserting ``clause 
     (ii) of subparagraph (A)''; and
       (3) by adding at the end the following:
       ``(2) The Commissioner of Social Security shall ensure that 
     any such notice which is a notice of a decision regarding an 
     application for benefits under this title, or a notice of an 
     adjustment to benefits paid under this title, includes the 
     following statement:
       ``If you are a veteran, you may be eligible for 
     comprehensive health benefits (hospital care, outpatient 
     services, prescription medications, and more) from the 
     Department of Veterans Affairs (VA). For more information on 
     eligibility, benefits, co-payments, and VA health care 
     facilities, please call the VA, toll-free, at 1-877-222-
     VETS(8387).'''.
       (b) Social Security Account Statements.--Section 1143(a)(2) 
     of the Social Security Act (42 U.S.C. 1320b-13(a)(2)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) the following statement:
     If you are a veteran, you may be eligible for comprehensive 
     health benefits (hospital care, outpatient services, 
     prescription medications, and more) from the Department of 
     Veterans Affairs (VA). For more information on eligibility, 
     benefits, co-payments, and VA health care facilities, please 
     call the VA, toll-free, at 1-877-222-VETS(8387).'''.
       (c) Effective Date.--The amendments made by this section 
     apply to notices of decisions and benefit adjustments and 
     social security account statements issued on or after the 
     date that is 180 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 1553. Mr. CONRAD (for himself, Mr. Baucus, Mr. Burns, Mr. Thomas, 
and Mr. Enzi) 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 G of title X, add the following:

     SEC. 1073. POLICY OF THE UNITED STATES ON THE 
                   INTERCONTINENTAL BALLISTIC MISSILE FORCE.

       (a) Findings.--Congress makes the following findings:
       (1) Consistent with warhead levels agreed to in the Moscow 
     Treaty, the United States is permanently modifying the 
     capacity of the Minuteman III intercontinental ballistic 
     missile (ICBM) from its prior capability to carry up to three 
     independent reentry vehicles to a single reentry vehicle 
     system, a process known as downloading.
       (2) Through the downloading process and the elimination of 
     the Peacekeeper (MX) intercontinental ballistic missile, the 
     United States is now transitioning to a land-based 
     intercontinental ballistic missile force of 500 Minuteman III 
     missiles, each equipped with a single nuclear warhead.
       (3) A series of Department of Defense studies of United 
     States strategic forces has confirmed the need for 500 
     Minuteman III missiles with a single warhead, including the 
     1993 Nuclear Posture Review, the 2001 Nuclear Posture Review, 
     and an ongoing assessment by retired General Larry Welch.
       (4) In a potential nuclear crisis it is important that the 
     nuclear weapons systems of the United States be configured so 
     as to discourage other nations from making a first strike, 
     and downloading Minuteman III missiles further reduces the 
     likelihood of any country preemptively attacking the 
     intercontinental ballistic missile force of the United 
     States.
       (5) The intercontinental ballistic missile force is 
     currently being considered as part of the deliberations of 
     the Department of Defense for the Quadrennial Defense Review.
       (b) Statement of United States Policy.--It is the policy of 
     the United States to continue to transition to an 
     intercontinental ballistic missile force with 500 missiles 
     each equipped with a single nuclear warhead.
       (c) Moscow Treaty Defined.--In this section, the term 
     ``Moscow Treaty'' means the Treaty Between the United States 
     of America and the Russian Federation on Strategic Offensive 
     Reductions, done at Moscow on May 24, 2002.
                                 ______
                                 
  SA 1554. Mr. CONRAD 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 XIII, add the following:

     SEC. 1306. COMPREHENSIVE STRATEGY FOR SECURITY AND 
                   ACCOUNTABILITY OF WEAPONS-USABLE NUCLEAR 
                   MATERIAL IN THE FORMER SOVIET UNION.

       (a) Findings.--Congress makes the following findings:
       (1) On September 30, 2004, President George W. Bush stated 
     that ``the biggest threat facing this country is weapons of 
     mass destruction in the hands of a terrorist network.''.
       (2) In a joint statement with President of Russia Vladimir 
     Putin on February 24, 2005, President George W. Bush further 
     noted that ``[w]e bear a special responsibility for the 
     security of nuclear weapons and fissile material, in order to 
     ensure that there is no possibility such weapons or materials 
     would fall into terrorist hands.''.
       (3) When the Soviet Union disintegrated, it left behind an 
     estimated 30,000 nuclear warheads, as well as sufficient 
     plutonium and highly enriched uranium to produce more than 
     40,000 additional weapons. Most of this material is not 
     secure and is therefore vulnerable to theft by potential 
     terrorists.
       (4) In 1991, Congress adopted the Soviet Nuclear Threat 
     Reduction Act of 1991 (title II of Public Law 102-228; 22 
     U.S.C. 2551 note; commonly referred to as ``Nunn-Lugar'') to 
     assist the Soviet Union and ``successor entities'' with 
     efforts to promptly and safely destroy its nuclear weapons 
     arsenal and secure its stockpiles of weapons-usable nuclear 
     materials.
       (5) It is the stated goal of the Department of Energy to 
     complete comprehensive security and accountability upgrades 
     through programs under the Soviet Nuclear Threat Reduction 
     Act of 1991 for all of the former weapons-usable nuclear 
     material in the Soviet Union by 2008. However, after 13 years 
     of work, less than 50 percent of such nuclear materials and 
     warheads have received basic cooperative security upgrades, 
     and only 26 percent have received comprehensive upgrades.
       (6) Acquiring fissile materials is the most difficult step 
     for terrorists seeking to build a nuclear weapon, and also 
     the easiest step for the United States and friendly nations 
     to stop, making control over fissile material the first and 
     best line of defense for preventing terrorist groups from 
     using nuclear weapons.
       (7) It has now been nearly 10 years since Congress first 
     received testimony about the risk of theft of nuclear 
     material in the former Soviet Union.
       (8) Statements by Osama bin Laden and other terrorist 
     leaders have made it clear that terrorists will stop at 
     nothing to obtain nuclear weapons material and capability.
       (9) In February 2005 Porter Goss, Director of the Central 
     Intelligence Agency, testified that sufficient Russian 
     nuclear material was unaccounted for to enable terrorists to 
     build a nuclear weapon.
       (10) The September 11, 2001, terrorist attacks on the 
     United States highlighted the importance of preventing 
     terrorists from obtaining nuclear weapons or materials, yet 
     the pace of progress toward that goal has decreased when 
     compared with the years immediately preceding those attacks.
       (11) The National Commission on Terrorist Attacks on the 
     United States (September 11th Commission) concluded that a 
     ``maximum effort'' was required to keep nuclear weapons and 
     fissile material out of terrorist hands.
       (12) Securing only a portion of the loose nuclear material 
     is insufficient because terrorists seeking nuclear weapons 
     materials will likely seek out the worst defended site.
       (13) A new report published by the Project on Managing the 
     Atom of Harvard University, in conjunction with the Nuclear 
     Threat Initiative, entitled ``Securing the Bomb 2005'', 
     concluded that ``a dramatic acceleration will be needed to 
     meet [the Department of Energy's] stated goal of finishing 
     upgrades less than 4 years from now.''.
       (14) In January 2001, a bipartisan task force chaired by 
     Howard Baker, former Majority Leader of the Senate and Lloyd 
     Butler, former White House counsel, concluded that ``the most 
     urgent, unmet national security threat to the United States 
     today is the danger that weapons of mass destruction or 
     weapons-usable material in Russia could be stolen and sold to 
     terrorists or hostile nation states and used against American 
     troops abroad or citizens at home,'' and recommended 
     investing $30,000,000,000 over 10 years on Department of 
     Energy programs to secure nuclear material. The pace of 
     spending since then on all nonproliferation and threat 
     reduction programs in the former Soviet Union has been only 
     about $1,000,000,000 per year.
       (15) Many reports, including the report referred to in 
     paragraph (14), have called for a single, strategic plan to 
     secure nuclear material in the former Soviet Union, but none 
     has yet been produced.
       (16) The urgency for this work is demonstrated by the fact 
     that customs officials in Russia reported 200 potential 
     attempts to smuggle nuclear or radiological materials out of 
     Russia in 2004.

[[Page S8888]]

       (17) While an increasing number of nuclear sites in Russia 
     have been secured, the remaining unsecured sites include 
     several very sensitive locations that hold vast stocks of 
     nuclear weapons and materials.
       (18) Concentrated attention to these sensitive sites is 
     required, including an effort to increase the seriousness 
     with which the Government of Russia and the public in Russia 
     view the problem, in order to help overcome remaining issues 
     of access, liability, and allocation of Russian resources 
     which have long slowed progress on the objectives of the 
     Soviet Nuclear Threat Reduction Act of 1991.
       (19) The horrific terrorist attack on schoolchildren in 
     Beslan may help to increase attention in Russia to problems 
     of terrorism, including nuclear terrorism, making United 
     States support for these efforts all the more crucial at this 
     time.
       (20) Eliminating onerous certification requirements for 
     cooperative threat reduction programs with Russia, or 
     providing permanent authority to waive those requirements on 
     an annual basis, could significantly accelerate the pace of 
     efforts to secure loose nuclear material and warheads.
       (21) Recent developments with the G-8 Global Partnership 
     and the Global Threat Reduction Initiative, as well as 
     funding increases included in the fiscal year 2006 budget 
     request, offer the potential for accelerated progress on this 
     crucial objective.
       (22) Russia has become a valuable partner in the war on 
     terrorism and a full partner in efforts to secure nuclear 
     weapons and weapons-usable nuclear material and to destroy 
     strategic delivery systems, chemical weapons, and excess 
     nuclear warheads.
       (b) Statement of United States Policy.--
       (1) Statement of united states policy.--It shall be the 
     policy of the United States that the Department of Defense 
     and the Department of Energy shall seek to work with the 
     Government of Russia and governments of other states of the 
     former Soviet Union to complete comprehensive security and 
     accountability upgrades for all of the weapons-usable nuclear 
     material in the former Soviet Union by not later than 
     September 30, 2008, in accordance with the stated goal of the 
     Department of Energy.
       (2) Sense of congress.--It is the sense of Congress that 
     the President should request, and Congress should 
     appropriate, the funds necessary to ensure that the policy 
     set forth in paragraph (1) is carried out.
       (c) Strategy Required.--
       (1) In general.--Not later than the February 6, 2006, the 
     Secretary of Defense, the Secretary of State, and the 
     Secretary of Energy shall, in cooperation with the Director 
     of the Office of Management and Budget, jointly submit to 
     Congress a report setting forth a strategy for completing 
     comprehensive security and accountability upgrades for all of 
     the weapons-usable nuclear material in the former Soviet 
     Union by not later than September 30, 2008.
       (2) Elements.--The report shall include, in addition to the 
     strategy--
       (A) an assessment of the funding required to implement the 
     strategy; and
       (B) a description of any legislative or administrative 
     actions required to facilitate implementation of the 
     strategy.
                                 ______
                                 
  SA 1555. Mr. McCAIN 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 A of title VIII, add the following:

     SEC. 807. MODIFICATION OF REQUIREMENTS APPLICABLE TO 
                   CONTRACTS AUTHORIZED BY LAW FOR CERTAIN 
                   MILITARY MATERIEL.

       (a) Inclusion of Combat Vehicles Under Requirements.--
     Section 2401 of title 10, United States Code, is amended--
       (1) by striking ``vessel or aircraft'' each place it 
     appears and inserting ``vessel, aircraft, or combat 
     vehicle'';
       (2) in subsection (c), by striking ``aircraft or naval 
     vessel'' each place it appears and inserting ``aircraft, 
     naval vessel, or combat vehicle'';
       (3) in subsection (e), by striking ``aircraft or naval 
     vessels'' each place it appears and inserting ``aircraft, 
     naval vessels, or combat vehicle''; and
       (4) in subsection (f)--
       (A) by striking ``aircraft and naval vessels'' and 
     inserting ``aircraft, naval vessels, and combat vehicle''; 
     and
       (B) by striking ``such aircraft and vessels'' and inserting 
     ``such aircraft, vessels, and combat vehicle''.
       (b) Additional Information for Congress.--Subsection (b) of 
     such section is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) the Secretary has certified to those committees--
       ``(i) that entering into the proposed contract as a means 
     of obtaining the vessel, aircraft, or combat vehicle is the 
     most cost-effective means of obtaining such vessel, aircraft, 
     or combat vehicle; and
       ``(ii) that the Secretary has determined that the lease 
     complies with all applicable laws, Office of Management and 
     Budget circulars, and Department of Defense regulations.''; 
     and
       (2) by adding at the end the following new paragraphs:
       ``(3) Upon receipt of a notice under paragraph (1)(C), a 
     committee identified in paragraph (1)(B) may request the 
     Inspector General of the Department of Defense or the 
     Comptroller General of the United States to conduct a review 
     of the proposed contract to determine whether or not such 
     contract meets the requirements of this section.
       ``(4) If a review is requested under paragraph (3), the 
     Inspector General of the Department of Defense or the 
     Comptroller General of the United States, as the case may be, 
     shall submit to the Secretary and the congressional defense 
     committees a report on such review before the expiration of 
     the period specified in paragraph (1)(C).''.
       (c) Applicability of Acquisition Regulations.--Such section 
     is further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f)(1) If a lease or charter covered by this section is a 
     capital lease or a lease-purchase--
       ``(A) the lease or charter shall be treated as an 
     acquisition and shall be subject to all applicable statutory 
     and regulatory requirements for the acquisition of aircraft, 
     naval vessels, or combat vehicles; and
       ``(B) funds appropriated to the Department of Defense for 
     operation and maintenance may not be obligated or expended 
     for the lease or charter.
       ``(2) In this subsection, the terms `capital lease' and 
     `lease-purchase' have the meanings given those terms in 
     Appendix B to Office of Management and Budget Circular A-11, 
     as in effect on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2006.''.
       (d) Conforming and Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

     ``Sec. 2401. Requirement for authorization by law of certain 
       contracts relating to vessels, aircraft, and combat 
       vehicles''.

       (2) The table of sections at the beginning of chapter 141 
     of such title is amended by striking the item relating to 
     section 2401 and inserting the following new item:

``Sec. 2401. Requirement for authorization by law of certain contracts 
              relating to vessels, aircraft, and combat vehicles.''.

     SEC. 808. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES FOR MAJOR 
                   DEFENSE ACQUISITION PROGRAMS.

       (a) Requirement.--
       (1) In general.--Chapter 144 of title 10, United States 
     Code, is amended by inserting after section 2431 the 
     following new section:

     ``Sec. 2431a. Major defense acquisition programs: requirement 
       for analysis of alternatives

       ``(a) No major defense acquisition program may be commenced 
     before the completion of an analysis of alternatives with 
     respect to such program.
       ``(b) For the purposes of this section, a major defense 
     acquisition program is commenced when the milestone decision 
     authority approves entry of the program into the first phase 
     of the acquisition process applicable to the program.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 144 of such title is amended by 
     inserting after the item relating to section 2431 the 
     following new item:

``2431a. Major defense acquisition programs: requirement for analysis 
              of alternatives.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to major defense acquisition 
     programs commenced on or after that date.

     SEC. 809. MANAGEMENT CONTRACTS FOR MAJOR SYSTEMS 
                   ACQUISITIONS.

       (a) Regulations Regarding Management Contracts.--
       (1) Regulations required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall prescribe regulations on management contracts for the 
     acquisition by the Department of Defense of major systems.
       (2) Content.--The regulations prescribed under paragraph 
     (1) shall--
       (A) define the respective rights of the Department of 
     Defense, management contractors, and other contractors that 
     participate in the development or production of any 
     individual element of the major weapon system (including 
     subcontractors under management contracts) in intellectual 
     property that is developed by the other participating 
     contractors in a manner that ensures that--
       (i) the Department of Defense obtains appropriate rights in 
     technical data developed by the other participating 
     contractors in accordance with the requirements of section 
     2320 of title 10, United States Code; and
       (ii) management contractors obtain access to technical data 
     developed by the other participating contractors only to the 
     extent necessary for the management contractors to execute 
     their obligations under such management contracts;

[[Page S8889]]

       (B) include specific measures to prevent--
       (i) organizational conflicts of interest on the part of 
     management contractors; and
       (ii) the performance of inherently governmental functions 
     by management contractors;
       (C) require that a management contractor in a management 
     contract with system responsibility use competitive 
     procedures for each subcontract in excess of the simplified 
     acquisition threshold, unless one of the circumstances 
     described in paragraphs (1) through (3) of section 2304c(b) 
     of title 10, United States Code, applies to the award of such 
     subcontract; and
       (D) prohibit a management contractor in a management 
     contract without system responsibility from having any 
     financial interest in the development or production of any 
     individual element of the major weapon system, unless the 
     Secretary of Defense determines in writing that it is 
     necessary in the interest of the national defense for the 
     management contractor to participate in the development or 
     production of a particular element of the major weapon 
     system.
       (b) Regulations Prohibiting Pass-Through Charges.--
       (1) Regulations required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall prescribe regulations prohibiting pass-through charges 
     on contracts or subcontracts (or task or delivery orders) 
     that are entered into for or on behalf of the Department of 
     Defense that are in excess of the simplified acquisition 
     threshold.
       (2) Scope of regulations.--The regulations prescribed under 
     this paragraph shall not apply to any firm, fixed-price 
     contract or subcontract (or task or delivery order) that is 
     awarded on the basis of adequate price competition.
       (c) Definitions.--In this section:
       (1) The term ``management contract'' includes management 
     contracts with system responsibility and management contracts 
     without system responsibility.
       (2) The term ``management contract with system 
     responsibility'' means a Federal agency contract (or task or 
     delivery order) for the development or production of a major 
     system under which the prime contractor is not expected at 
     the time of award to perform work constituting at least 20 
     percent of the cost of manufacturing the major system.
       (3) The term ``management contract without system 
     responsibility'' means a Federal agency contract (or task or 
     delivery order) for the procurement of services, the primary 
     purpose of which is to perform acquisition functions closely 
     associated with inherently governmental functions with regard 
     to the development or production of a major system.
       (4) The term ``management contractor'' means the prime 
     contractor under a management contract.
       (5) The term ``major system'' has the meaning given such 
     term in section 2302d of title 10, United States Code.
       (6) The term ``pass-through charge'' means a charge by a 
     covered contractor or subcontractor for overhead or profit on 
     work performed by a covered lower-tier contractor (other than 
     charges for the direct costs of managing lower-tier contracts 
     and overhead and profit based on such direct costs).
       (7) The term ``covered contractor'' means the following:
       (A) A contractor that assigns work accounting for more than 
     90 percent of the cost of contract performance (not including 
     overhead or profit) to subcontractors.
       (B) In the case of a contract providing for the development 
     or production of more than one weapon system, a contractor 
     that assigns work accounting for more than 90 percent of the 
     cost of contract performance (not including overhead or 
     profit) for any particular weapon system under such contract 
     to subcontractors.
       (8) The term ``covered lower-tier contractor'' means the 
     following:
       (A) With respect to a covered contractor described by 
     paragraph (7)(A) in a contract, any lower-tier subcontractor 
     under such contract.
       (B) With respect to a covered contractor described by 
     paragraph (7)(B) in a contract, any lower-tier subcontractor 
     on a weapon system under such contract for which such covered 
     contractor has assigned work accounting for more than 90 
     percent of the cost of contract performance (not including 
     overhead or profit).
       (9) The term ``functions closely associated with inherently 
     governmental functions'' has the meaning given such term in 
     section 2383(b)(3) of title 10, United States Code.
       (d) Effective Date.--The regulations prescribed under this 
     section shall apply to contracts awarded for or on behalf of 
     the Department of Defense on or after the date that is 90 
     days after the date of the enactment of this Act.
                                 ______
                                 
  SA 1556. Mr. McCAIN (for himself, Mr. Warner, Mr. Graham, 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 subtitle G of title X, add the following:

     SEC. 1073. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING 
                   TREATMENT OR PUNISHMENT OF PERSONS UNDER 
                   CUSTODY OR CONTROL OF THE UNITED STATES 
                   GOVERNMENT.

       (a) In General.--No individual in the custody or under the 
     physical control of the United States Government, regardless 
     of nationality or physical location, shall be subject to 
     cruel, inhuman, or degrading treatment or punishment.
       (b) Construction.--Nothing in this section shall be 
     construed to impose any geographical limitation on the 
     applicability of the prohibition against cruel, inhuman, or 
     degrading treatment or punishment under this section.
       (c) Limitation on Supersedure.--The provisions of this 
     section shall not be superseded, except by a provision of law 
     enacted after the date of the enactment of this Act which 
     specifically repeals, modifies, or supersedes the provisions 
     of this section.
       (d) Cruel, Inhuman, or Degrading Treatment or Punishment 
     Defined.--In this section, the term ``cruel, inhuman, or 
     degrading treatment or punishment'' means the cruel, unusual, 
     and inhumane treatment or punishment prohibited by the Fifth, 
     Eighth, and Fourteenth Amendments to the Constitution of the 
     United States, as defined in the United States Reservations, 
     Declarations and Understandings to the United Nations 
     Convention Against Torture and Other Forms of Cruel, Inhuman 
     or Degrading Treatment or Punishment done at New York, 
     December 10, 1984.
                                 ______
                                 
  SA 1557. Mr. McCAIN (for himself, Mr. Warner, Mr. Graham, Ms. 
Collins, 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 G of title X, add the following:

     SEC. 1073. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS 
                   UNDER THE DETENTION OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Limitation on Interrogation Techniques.--
       (1) In general.--No person in the custody or under the 
     effective control of the Department of Defense or under 
     detention in a Department of Defense facility shall be 
     subject to any treatment or technique of interrogation not 
     authorized by and listed in the United States Army Field 
     Manual on Intelligence Interrogation.
       (2) Applicability.--Paragraph (1) shall not apply to with 
     respect to any person in the custody or under the effective 
     control of the Department of Defense pursuant to a criminal 
     law or immigration law of the United States.
       (3) Construction.--Nothing in this subsection shall be 
     construed to affect the rights under the United States 
     Constitution of any person in the custody or under the 
     physical jurisdiction of the United States.
       (b) Prohibition on Inclusion of Certain Interrogation 
     Techniques in Army Field Manual.--No interrogation technique 
     may be included as an authorized interrogation technique 
     within the United States Army Field Manual on Intelligence 
     Interrogation if such technique constitutes torture or cruel, 
     inhumane, or degrading treatment or punishment that is 
     prohibited by the Constitution, laws, or treaties of the 
     United States.
       (c) Notice to Congress of Revision of Army Field Manual.--
     Not later than 30 days before issuing any revision to the 
     United States Army Field Manual on Intelligence 
     Interrogation, including an authorization of additional 
     interrogation techniques, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     such revision.
       (d) Registration With International Red Cross.--Each 
     individual described in subsection (a) who is a national of a 
     foreign country shall be registered with the International 
     Committee of the Red Cross.
                                 ______
                                 
  SA 1558. Mr. WARNER 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 269, after line 21, add the following:

     SEC. 1009. REIMBURSEMENT FOR COSTS INCURRED IN PROVIDING 
                   GOODS AND SERVICES TO AGENCIES.

       The Department of Defense shall be reimbursed on an annual 
     basis by any executive agency for the total amount of the 
     unreimbursed direct and indirect costs incurred during each 
     fiscal year by the Department of Defense for providing goods 
     and services to such agency.
                                 ______
                                 
  SA 1559. Mr. WARNER submitted an amendment intended to be proposed by

[[Page S8890]]

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 28, between lines 10 and 11, insert the following:

     SEC. 203. FUNDING FOR DEVELOPMENT OF DISTRIBUTED GENERATION 
                   TECHNOLOGIES.

       (a) Increase in Funds Available to Army for Research, 
     Development, Test, and Evaluation.--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, with the amount of such increase to be available 
     for research on and facilitation of technology for converting 
     obsolete chemical munitions to fertilizer.
       (b) Reduction in Funds Available to Navy for Research, 
     Development, Test, and Evaluation.--The amount authorized to 
     be appropriated by section 201(2) for the Navy for research, 
     development, test, and evaluation is hereby reduced by 
     $1,000,000.
                                 ______
                                 
  SA 1560. Mr. WARNER 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 28, between lines 10 and 11, insert the following:

     SEC. 203. FUNDING FOR RESEARCH AND TECHNOLOGY TRANSITION FOR 
                   HIGH-BRIGHTNESS ELECTRON SOURCE PROGRAM.

       (a) Increase in Funds Available to Navy for Research, 
     Development, Test, and Evaluation.--The amount authorized to 
     be appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy is hereby increased by 
     $1,500,000.
       (b) Reduction in Funds Available to Army for Procurement, 
     Ammunition.--The amount authorized to be appropriated by 
     section 101(4) for the Army for procurement of ammunition is 
     hereby reduced by $1,500,000.
                                 ______
                                 
  SA 1561. Mr. DOMENICI 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 28, between lines 10 and 11, insert the following:

     SEC. 203. FUNDING FOR DEVELOPMENT OF DISTRIBUTED GENERATION 
                   TECHNOLOGIES.

       (a) Increase in Funds Available to Air Force for Research, 
     Development, Test, and Evaluation.--The amount authorized to 
     be appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $5,000,000, with the amount of such increase to be available 
     for research and development of hybrid, fuel cell, hydrogen 
     generation, wind, and solar power systems for distributed 
     generation technologies at the dual use military/commercial 
     airport in Albuquerque, New Mexico.
       (b) Reduction in Funds Available to Air Force for Operation 
     and Maintenance.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for the Air 
     Force is hereby reduced by $5,000,000.
                                 ______
                                 
  SA 1562. Mr. WARNER (for himself and Mr. Leahy) 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 371, between lines 8 and 9, insert the following:

     SEC. 2887. DESIGNATION OF WILLIAM B. BRYANT ANNEX.

       (a) Designation.--The annex to the E. Barrett Prettyman 
     Federal Building and United States Courthouse located at 333 
     Constitution Avenue Northwest in the District of Columbia 
     shall be known and designated as the ``William B. Bryant 
     Annex''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     annex referred to in subsection (a) shall be deemed to be a 
     reference to the ``William B. Bryant Annex''.
                                 ______
                                 
  SA 1563. Mr. WARNER 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 357, strike line 20 and insert the following:

                       PART II--NAVY CONVEYANCES

     SEC. 2851. LEASE OF UNITED STATES NAVY MUSEUM FACILITIES AT 
                   WASHINGTON NAVAL YARD, DISTRICT OF COLUMBIA.

       (a) Lease Authorized.--
       (1) In general.--The Secretary of the Navy may lease to the 
     Naval Historical Foundation (in this section referred to as 
     the ``Foundation'') facilities located at Washington Naval 
     Yard, Washington, District of Columbia, that house the United 
     States Navy Museum (in this section referred to as the 
     ``Museum'') for the purpose of carrying out the following 
     activities:
       (A) Generation of revenue for the Museum through the rental 
     of facilities to the public, commercial and non-profit 
     entities, State and local governments, and other Federal 
     agencies.
       (B) Administrative activities in support of the Museum.
       (2) Limitation.--Any activities carried out at the leased 
     facilities under paragraph (1) must be consistent with the 
     operations of the Museum.
       (b) Consideration.--The amount of consideration paid in a 
     year by the Foundation to the United States for the lease of 
     facilities under subsection (a) may not exceed the actual 
     cost, as determined by the Secretary, of the annual operation 
     and maintenance of the facilities.
       (c) Use of Proceeds.--The Secretary shall use amounts 
     received under subsection (b) for the lease of facilities 
     under subsection (a) to cover the costs of operating and 
     maintaining the Museum.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the lease under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                    PART III--AIR FORCE CONVEYANCES

                                 ______
                                 
  SA 1564. Mr. WARNER 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. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR 
                   TRANSFERS OF DEFENSE ITEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Close defense cooperation between the United States and 
     each of the United Kingdom and Australia requires 
     interoperability among the armed forces of those countries.
       (2) The need for interoperability must be balanced with the 
     need for appropriate and effective regulation of trade in 
     defense items.
       (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) 
     authorizes the executive branch to administer arms export 
     policies enacted by Congress in the exercise of its 
     constitutional power to regulate commerce with foreign 
     nations.
       (4) The executive branch has exercised its authority under 
     the Arms Export Control Act, in part, through the 
     International Traffic in Arms Regulations.
       (5) Agreements to gain exemption from the International 
     Traffic in Arms Regulations must be submitted to Congress for 
     review.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on International Relations and the 
     Committee on Armed Services of the House of Representatives.
       (2) Defense items.--The term ``defense items'' has the 
     meaning given the term in section 38 of the Arms Export 
     Control Act (22 U.S.C. 2778).
       (3) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means the 
     regulations maintained under parts 120 through 130 of title 
     22, Code of Federal Regulations, and any successor 
     regulations.
       (c) Exceptions From Bilateral Agreement Requirements.--
       (1) In general.--Subsection (j) of section 38 of the Arms 
     Export Control Act (22 U.S.C. 2778) is amended--

[[Page S8891]]

       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Exceptions from bilateral agreement requirements.--
       ``(A) Australia.--Subject to section 1205 of the National 
     Defense Authorization Act for Fiscal Year 2006, the 
     requirements for a bilateral agreement described in paragraph 
     (2)(A) shall not apply to a bilateral agreement between the 
     United States Government and the Government of Australia with 
     respect to transfers or changes in end use of defense items 
     within Australia that will remain subject to the licensing 
     requirements of this Act after such agreement enters into 
     force.
       ``(B) United kingdom.--Subject to section 1205 of the 
     National Defense Authorization Act for Fiscal Year 2006, the 
     requirements for a bilateral agreement described in 
     paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not 
     apply to a bilateral agreement between the United States 
     Government and the Government of the United Kingdom for an 
     exemption from the licensing requirements of this Act.''.
       (2) Conforming amendment.--Paragraph (2) of such subsection 
     is amended in the matter preceding subparagraph (A) by 
     striking ``A bilateral agreement'' and inserting ``Except as 
     provided in paragraph (4), a bilateral agreement''.
       (d) Certifications.--Not later than 30 days before 
     authorizing an exemption from the licensing requirements of 
     the International Traffic in Arms Regulations in accordance 
     with any bilateral agreement entered into with the United 
     Kingdom or Australia under section 38(j) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)), as amended by subsection 
     (c), the President shall certify to the appropriate 
     congressional committees that such agreement--
       (1) is in the national interest of the United States and 
     will not in any way affect the goals and policy of the United 
     States under section 1 of the Arms Export Control Act (22 
     U.S.C. 2751);
       (2) will be void if such country quantitatively or 
     qualitatively increases the export of defense items to the 
     People's Republic of China.
       (3) does not adversely affect the efficacy of the 
     International Traffic in Arms Regulations to provide 
     consistent and adequate controls for licensed exports of 
     United States defense items; and
       (4) will not adversely affect the duties or requirements of 
     the Secretary of State under the Arms Export Control Act.
       (e) Notification of Bilateral Licensing Exemptions.--Not 
     later than 30 days before authorizing an exemption from the 
     licensing requirements of the International Traffic in Arms 
     Regulations in accordance with any bilateral agreement 
     entered into with the United Kingdom or Australia under 
     section 38(j) of the Arms Export Control Act (22 U.S.C. 
     2778(j)), as amended by subsection (c), the President shall 
     submit to the appropriate congressional committees the text 
     of the regulations that authorize such a licensing exemption.
       (f) Report on Consultation Issues.--Not later than one year 
     after the date of the enactment of this Act and annually 
     thereafter for each of the following 5 years, the President 
     shall submit to the appropriate congressional committees a 
     report on issues raised during the previous year in 
     consultations conducted under the terms of any bilateral 
     agreement entered into with Australia under section 38(j) of 
     the Arms Export Control Act, or under the terms of any 
     bilateral agreement entered into with the United Kingdom 
     under such section, for exemption from the licensing 
     requirements of the Arms Export Control Act (22 U.S.C. 2751 
     et seq.). Each report shall contain--
       (1) information on any notifications or consultations 
     between the United States and the United Kingdom under the 
     terms of any agreement with the United Kingdom, or between 
     the United States and Australia under the terms of any 
     agreement with Australia, concerning the modification, 
     deletion, or addition of defense items on the United States 
     Munitions List, the United Kingdom Military List, or the 
     Australian Defense and Strategic Goods List;
       (2) a list of all United Kingdom or Australia persons and 
     entities that have been designated as qualified persons 
     eligible to receive United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act under the terms of such agreements, and listing any 
     modification, deletion, or addition to such lists, pursuant 
     to the requirements of any agreement with the United Kingdom 
     or any agreement with Australia;
       (3) information on consultations or steps taken pursuant to 
     any agreement with the United Kingdom or any agreement with 
     Australia concerning cooperation and consultation with either 
     government on the effectiveness of the defense trade control 
     systems of such government;
       (4) information on provisions and procedures undertaken 
     pursuant to--
       (A) any agreement with the United Kingdom with respect to 
     the handling of United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act by persons and entities qualified to receive such items 
     in the United Kingdom; and
       (B) any agreement with Australia with respect to the 
     handling of United States origin defense items exempt from 
     the licensing requirements of the Arms Export Control Act by 
     persons and entities qualified to receive such items in 
     Australia;
       (5) information on any new understandings, including the 
     text of such understandings, between the United States and 
     the United Kingdom concerning retransfer of United States 
     origin defense items made pursuant to any agreement with the 
     United Kingdom to gain exemption from the licensing 
     requirements of the Arms Export Control Act;
       (6) information on consultations with the Government of the 
     United Kingdom or the Government of Australia concerning the 
     legal enforcement of any such agreements;
       (7) information on United States origin defense items with 
     respect to which the United States has provided an exception 
     under the Memorandum of Understanding between the United 
     States and the United Kingdom and any agreement between the 
     United States and Australia from the requirement for United 
     States Government re-export consent that was not provided for 
     under United States laws and regulations in effect on the 
     date of the enactment of this Act; and
       (8) information on any significant concerns that have 
     arisen between the Government of Australia or the Government 
     of the United Kingdom and the United States Government 
     concerning any aspect of any bilateral agreement between such 
     country and the United States to gain exemption from the 
     licensing requirements of the Arms Export Control Act.
       (g) Special Notifications.--
       (1) Required notifications.--The Secretary of State shall 
     notify the appropriate congressional committees not later 
     than 90 days after receiving any credible information 
     regarding an unauthorized end-use or diversion of United 
     States exports of goods or services made pursuant to any 
     agreement with a country to gain exemption from the licensing 
     requirements of the Arms Export Control Act. The notification 
     shall be made in a manner that is consistent with any ongoing 
     efforts to investigate and commence civil actions or criminal 
     investigations or prosecutions regarding such matters and may 
     be made in classified or unclassified form.
       (2) Content.--The notification regarding an unauthorized 
     end-use or diversion of goods or services under paragraph (1) 
     shall include--
       (A) a description of the goods or services;
       (B) the United States origin of the good or service;
       (C) the authorized recipient of the good or service;
       (D) a detailed description of the unauthorized end-use or 
     diversion, including any knowledge by the United States 
     exporter of such unauthorized end-use or diversion;
       (E) any enforcement action taken by the Government of the 
     United States; and
       (F) any enforcement action taken by the government of the 
     recipient nation.
                                 ______
                                 
  SA 1565. Mr. WARNER 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 X, add the following:

     SEC. 1023. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN 
                   RECIPIENTS.

       (a) Transfers by Grant.--The President is authorized to 
     transfer vessels to foreign recipients on a grant basis under 
     section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j), as follows:
       (1) Greece.--To the Government of Greece, the OSPREY class 
     minehunter coastal ship PELICAN (MHC-53).
       (2) Egypt.--To the Government of Egypt, the OSPREY class 
     minehunter coastal ships CARDINAL (MHC-60) and RAVEN (MHC-
     61).
       (3) Pakistan.--To the Government of Pakistan, the SPRUANCE 
     class destroyer ship FLETCHER (DD-992).
       (4) Turkey.--To the Government of Turkey, the SPRUANCE 
     class destroyer ship CUSHING (DD-985).
       (b) Transfers by Sale.--The President is authorized to 
     transfer vessels to foreign recipients on a sale basis under 
     section 21 of the Arms Export Control Act (22 U.S.C. 2761), 
     as follows:
       (1) India.--To the Government of India, the AUSTIN class 
     amphibious transport dock ship TRENTON (LPD-14).
       (2) Greece.--To the Government of Greece, the OSPREY class 
     minehunter coastal ship HERON (MHC-52).
       (3) Turkey.--To the Government of Turkey, the SPRUANCE 
     class destroyer ship O'BANNON (DD-987).
       (c) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis pursuant to authority 
     provided by subsection (a) shall not be counted against the 
     aggregate value of excess defense articles transferred to 
     countries in any fiscal year under section 516 of the Foreign 
     Assistance Act of 1961.
       (d) Costs of Certain Transfers.--Notwithstanding section 
     516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j(e)(1)),

[[Page S8892]]

     any expense incurred by the United States in connection with 
     a transfer authorized under subsection (a) shall be charged 
     to the recipient.
       (e) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the country to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed before the vessel joins the naval forces of that 
     country be performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (f) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 2-
     year period beginning on the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1566. 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 G of title X, add the following:

     SEC. 1073. UNIFORM STANDARDS AND PROCEDURES FOR TREATMENT OF 
                   PERSONS UNDER DETENTION BY THE DEPARTMENT OF 
                   DEFENSE.

       (a) Uniform Standards and Procedures Required.--The 
     Secretary of Defense shall establish uniform standards and 
     procedures for the detention and interrogation of persons in 
     the custody or under the control of the Department of 
     Defense.
       (b) Consistency With Law and Treaty Obligations.--The 
     standards and procedures established under subsection (a) 
     shall be consistent with United States law and international 
     treaty obligations.
       (c) Applicability.--
       (1) In general.--The standards and procedures established 
     under subsection (a) shall apply to all detention and 
     interrogation activities involving persons in the custody or 
     under the control of the Department of Defense, and to such 
     activities conducted within facilities controlled by the 
     Department of Defense, regardless of whether such activities 
     are conducted by Department of Defense personnel, Department 
     of Defense contractor personnel, or personnel or contractor 
     personnel of any other department, agency, or element of the 
     United States Government.
       (2) Exception.--The standards and procedures established 
     under subsection (a) shall not apply with respect to any 
     person in the custody or under the control of the Department 
     of Defense pursuant to a criminal law or immigration law of 
     the United States.
       (d) Construction.--Nothing in this section shall affect 
     such rights, if any, under the Constitution of the United 
     States of any person in the custody or under the control of 
     the Department of Defense.
       (e) Notice to Congress of Revision.--Not later than 60 days 
     before issuing any revision to the standards and procedures 
     established under subsection (a), the Secretary of Defense 
     shall notify, in writing, the congressional defense 
     committees of such revision.
       (f) Deadline.--The standards and procedures required by 
     subsection (a) shall be established not later than 60 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 1567. Mr. WARNER 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 A of title V, add the following:

     SEC. 509. APPLICABILITY OF OFFICER DISTRIBUTION AND STRENGTH 
                   LIMITATIONS TO OFFICERS SERVING IN INTELLIGENCE 
                   COMMUNITY POSITIONS.

       (a) In General.--Section 528 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 528. Exclusion: officers serving in certain 
       intelligence positions

       ``(a) Exclusion of Officer Serving in Certain CIA 
     Positions.--When either of the individuals serving in a 
     position specified in subsection (b) is an officer of the 
     armed forces, one of those officers, while serving in such 
     position, shall not be counted against the numbers and 
     percentages of officers of the grade of the officer 
     authorized for that officer's armed force.
       ``(b) Covered Positions.--The positions referred to in this 
     subsection are the following:
       ``(1) Director of the Central Intelligence Agency.
       ``(2) Deputy Director of the Central Intelligence Agency.
       ``(c) Associate Director of CIA for Military Support.--An 
     officer of the armed forces serving in the position of 
     Associate Director of the Central Intelligence Agency for 
     Military Support, while serving in that position, shall not 
     be counted against the numbers and percentages of officers of 
     the grade of that officer authorized for that officer's armed 
     force.
       ``(d) Officers Serving in Office of DNI.--Up to 5 general 
     and flag officers of the armed forces assigned to positions 
     in the Office of the Director of National Intelligence 
     designated by agreement between the Secretary of Defense and 
     the Director of National Intelligence shall be excluded from 
     the limitations in sections 525 and 526 of this title while 
     serving in such positions.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 32 of such title is amended by striking 
     the item relating to section 528 and inserting the following 
     new item:

``528. Exclusion: officers serving in certain intelligence 
              positions.''.
                                 ______
                                 
  SA 1568. Mr. BYRD 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; as follows:

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

     SEC. 824. REPORTS ON CERTAIN DEFENSE CONTRACTS IN IRAQ AND 
                   AFGHANISTAN.

       (a) Quarterly Reports.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report that lists and describes each 
     task or delivery order contract or other contract related to 
     security and reconstruction activities in Iraq and 
     Afghanistan in which an audit conducted by an investigative 
     or audit component of the Department of Defense during the 
     90-day period ending on the date of such report resulted in a 
     finding described in subsection (b).
       (2) Coverage of subcontracts.--For purposes of this 
     section, any reference to a contract shall be treated as a 
     reference to such contract and to any subcontracts under such 
     contract.
       (b) Covered Finding.--A finding described in this 
     subsection with respect to a task or delivery order contract 
     or other contract described in subsection (a) is a finding by 
     an investigative or audit component of the Department of 
     Defense that the contract includes costs that are 
     unsupported, questioned, or both.
       (c) Report Information.--Each report under subsection (a) 
     shall include, with respect to each task or delivery order 
     contract or other contract covered by such report--
       (1) a description of the costs determined to be 
     unsupported, questioned, or both; and
       (2) a statement of the amount of such unsupported or 
     questioned costs and the percentage of the total value of 
     such task or delivery order that such costs represent.
       (d) Withholding of Payments.--In the event that any costs 
     under a task or delivery order contract or other contract 
     described in subsection (a) are determined by an 
     investigative or audit component of the Department of Defense 
     to be unsupported, questioned, or both, the appropriate 
     Federal procurement personnel may withhold from amounts 
     otherwise payable to the contractor under such contract a sum 
     of up to 100 percent of the total amount of such costs.
       (e) Release of Withheld Payments.--Upon a subsequent 
     determination by the appropriate Federal procurement 
     personnel, or investigative or audit component of the 
     Department of Defense, that any unsupported or questioned 
     costs for which an amount payable was withheld under 
     subsection (d) has been determined to be allowable, or upon a 
     settlement negotiated by the appropriate Federal procurement 
     personnel, the appropriate Federal procurement personnel may 
     release such amount for payment to the contractor concerned.
       (f) Inclusion of Information on Withholding and Release in 
     Quarterly Reports.--Each report under subsection (a) after 
     the initial report under that subsection shall include the 
     following:
       (1) A description of each action taken under subsection (d) 
     or (e) during the period covered by such report.
       (2) A justification of each determination or negotiated 
     settlement under subsection (d) or (e) that appropriately 
     explains the determination of the applicable Federal 
     procurement personnel in terms of reasonableness, 
     allocability, or other factors affecting the acceptability of 
     the costs concerned.
       (g) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committees on Appropriations, Armed Services, and 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committees on Appropriations, Armed Services, and 
     Government Reform of the House of Representatives.
       (2) The term ``investigative or audit component of the 
     Department of Defense'' means any of the following:
       (A) The Office of the Inspector General of the Department 
     of Defense.
       (B) The Defense Contract Audit Agency.
       (C) The Defense Contract Management Agency.
       (D) The Army Audit Agency.

[[Page S8893]]

       (E) The Naval Audit Service.
       (F) The Air Force Audit Agency.
       (3) The term ``questioned'', with respect to a cost, means 
     an unreasonable, unallocable, or unallowable cost.
                                 ______
                                 
  SA 1569. Mr. NELSON of Nebraska (for himself and Mr. Wyden) 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 296, after line 19, insert the following:

     SEC. 1205. APPLICATION OF THE GENEVA CONVENTION TO ENEMY 
                   COMBATANTS.

       (a) Finding.--Congress finds that the executive branch has 
     the authority to detain enemy combatants.
       (b) Enemy Combatant Defined.--In this section, the term 
     ``enemy combatant'' means an individual who--
       (1) is held by personnel of the Department of Defense at a 
     facility under the control of the Secretary of Defense, 
     including the naval base at Guantanamo Bay;
       (2) is accused of knowingly--
       (A) planning, authorizing, committing, aiding, or abetting 
     one or more terrorist acts against the United States; or
       (B) being part of or supporting forces engaged in armed 
     conflict against the United States;
       (3) is not a United States person or lawful permanent 
     resident; and
       (4) is not a prisoner of war within the meaning of the 
     Convention Relative to the Treatment of Prisoners of War, 
     dated at Geneva August 12, 1949 (6 UST 3316).
       (c) Application of Geneva Convention.--The President shall 
     treat each enemy combatant in accordance with all the terms 
     of the Convention Relative to the Treatment of Prisoners of 
     War, dated at Geneva August 12, 1949 (6 UST 3316).
       (d) Annual Report.--
       (1) Requirement.--The Secretary of Defense shall submit to 
     Congress an annual report on enemy combatants, including--
       (A) for each enemy combatant detained by the United States 
     on the date that is 30 days prior to the submission of such 
     report--
       (i) the name and nationality of the enemy combatant;
       (ii) the period during which the enemy combatant has been 
     so detained; and
       (iii) a description of the specific process afforded to the 
     enemy combatant and the outcome of those processes; and
       (B) for each individual who was detained as an enemy 
     combatant and released prior to the date referred to in 
     subparagraph (A)--
       (i) the name and nationality of the individual;
       (ii) the terms of the conditional release agreement with 
     respect to the individual;
       (iii) a statement of the basis for the determination of the 
     United States Government that individual's release was 
     warranted; and
       (iv) the period during which the person was so detained, 
     including the release date of the individual.
       (2) Form of report.--Each report required by this 
     subsection shall be submitted in unclassified form, but may 
     include a classified annex.
                                 ______
                                 
  SA 1570. Mr. DURBIN 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 286, between lines 7 and 8, insert the following:

     SEC. 1073. PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR 
                   DEGRADING TREATMENT OR PUNISHMENT.

       (a) In General.--No person in the custody or under the 
     physical control of the United States shall be subjected to 
     torture or cruel, inhuman, or degrading treatment or 
     punishment.
       (b) Definitions.--As used in this section--
       (1) the term ``torture'' has the meaning given that term in 
     section 2340(1) of title 18, United States Code ; and
       (2) the term ``cruel, inhuman, or degrading treatment or 
     punishment'' means conduct that would constitute cruel, 
     unusual, and inhumane treatment or punishment prohibited by 
     the fifth amendment, eighth amendment, or fourteenth 
     amendment to the Constitution of the United States if the 
     conduct took place in the United States.
                                 ______
                                 
  SA 1571. Mr. DURBIN (for himself, Ms. Mikulski, Mr. Allen, Mr. 
Graham, Ms. Landrieu, Mr. Leahy, Mr. Sarbanes, Mr. Lautenberg, Mr. 
Bingaman, Mr. Kerry, Mr. Salazar, Mr. Corzine, Mr. Chafee, Mrs. 
Lincoln, Mr. Biden, Mr. Kennedy, Mrs. Murray, and Mr. Nelson of 
Florida) 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 XI, add the following:

     SEC. 1106. 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.
                                 ______
                                 
  SA 1572. Mr. KOHL submitted an amendment intended to be proposed by

[[Page S8894]]

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, insert the following:

     SEC. 1073. HEALTH SERVICE PROGRAMS.

       Section 7901 of title 5, United States Code, is amended--
       (1) in subsection (a), by inserting ``or members of the 
     components of the Armed Forces'' after ``employees''; and
       (2) in subsection (b)(2), by inserting ``or members of the 
     components of the Armed Forces'' after ``employees''.
                                 ______
                                 
  SA 1573. Ms. SNOWE (for herself and Ms. Collins) 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. NAVY HUMAN RESOURCES BENEFIT CALL CENTER.

       (a) Additional Amount for Operation and Maintenance, 
     Navy.--The amount authorized to be appropriated by section 
     301(2) for operation and maintenance for the Navy is hereby 
     increased by $1,500,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 301(2) for operation and maintenance 
     for the Navy, as increased by subsection (a), $1,500,000 may 
     be available for Civilian Manpower and Personnel for a Human 
     Resources Benefit Call Center in Machias, Maine.
                                 ______
                                 
  SA 1574. Mr. VOINOVICH (for himself and 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:

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

     SEC. 114. SECOND DOMESTIC SOURCE FOR PRODUCTION AND SUPPLY OF 
                   TIRES FOR THE STRYKER COMBAT VEHICLE.

       (a) Requirement.--The Secretary of the Army shall develop a 
     second domestic source for the production and supply of tires 
     for the Stryker combat vehicle. The source shall be any 
     source determined by the Secretary to best respond to the 
     logistics and maintenance requirements of the Army.
       (b) Funds.--Amounts authorized to be appropriated by 
     section 101(3) for weapons and tracked combat vehicles for 
     the Army may be available for activities under subsection 
     (a).
       (c) Report.--The Secretary shall submit to the 
     congressional defense committees a report setting forth a 
     plan to meet the requirement in subsection (a). The report 
     shall include--
       (1) an analysis of the capacity of the industrial base in 
     the United States to meet requirements for a second domestic 
     source for the production and supply of tires for the Stryker 
     combat vehicle; and
       (2) to the extent that the capacity of the industrial base 
     in the United States is not adequate to meet such 
     requirements, recommendations on means, over the short-term 
     and the long-term, to address that inadequacy.
                                 ______
                                 
  SA 1575. Mr. SESSIONS 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. HYFIRE REUSABLE LOX/LNG PROPULSION TECHNOLOGY.

       (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 
     $2,000,000.
       (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), $2,000,000 may be available for Aerospace 
     Propulsion Power Technology (PE #603216F) for HyFire Reusable 
     LOX/LNG Propulsion Technology.
       (c) Offset.--The amount authorized to be appropriated by 
     section 102(a)(4) for other procurement for the Navy is 
     hereby reduced by $2,00,000, with the amount of the reduction 
     to be allocated to amounts available for Ordnance Support 
     Equipment, Ship Missile Systems Equipment for the Phalanx 
     SeaRAM.
                                 ______
                                 
  SA 1576. Mr. SESSIONS 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. NEXT GENERATION INTERCEPTOR MATERIALS.

       (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 $3,000,000.
       (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), $3,000,000 may be available for Army Missile Defense 
     Systems Integration (Non-Space) (PE #6033055A) for Next 
     Generation Interceptor Materials.
       (c) Offset.--The amount authorized to be appropriated by 
     section 102(a)(4) for other procurement for the Navy is 
     hereby reduced by $3,00,000, with the amount of the reduction 
     to be allocated to amounts available for Ordnance Support 
     Equipment, Ship Missile Systems Equipment for the Phalanx 
     SeaRAM.
                                 ______
                                 
  SA 1577. Mr. NELSON of Nebraska 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 F of title V, add the following:

     SEC. 573. ADDITIONAL LEAVE FOR MEMBERS OF THE ARMED FORCES IN 
                   CONNECTION WITH CERTAIN PRE-ADOPTION 
                   ACTIVITIES.

       (a) Authority To Grant Additional Leave.--Section 701 of 
     title 10, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(i)(1) The Secretary concerned may, under uniform 
     regulations prescribed by the Secretary of Defense, grant a 
     member of the armed forces adopting a child up to 21 days of 
     leave to be used in connection with the legal placement of 
     the child in the home of the member in anticipation of the 
     finalization of the adoption.
       ``(2) In the event that two members of the armed forces who 
     are spouses of each other adopt a child for which leave may 
     be granted under this subsection, only one such member shall 
     be granted leave in connection with such adoption under this 
     subsection.
       ``(3) Leave under this subsection is in addition to leave 
     provided under any other provision of this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on January 1, 2006.
                                 ______
                                 
  SA 1578. Mr. DURBIN 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 A of title VIII, add the following:

     SEC. 807. REPORTS ON SIGNIFICANT INCREASES IN PROGRAM 
                   ACQUISITION UNIT COSTS OR PROCUREMENT UNIT 
                   COSTS OF MAJOR DEFENSE ACQUISITION PROGRAMS.

       (a) Initial Report Required.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on the acquisition status of each major defense 
     acquisition program whose program acquisition unit cost or 
     procurement unit cost, as of the date of the enactment of 
     this Act, has exceeded by more than 50 percent the original 
     baseline projection for such unit cost. The report shall 
     include the information specified in subsection (c).
       (b) Additional Reports.--Not later than 90 days after the 
     date on which the Secretary

[[Page S8895]]

     determines that the program acquisition unit cost or 
     procurement unit cost of a major defense acquisition program 
     has exceeded by more than 50 percent the original baseline 
     projection for such unit cost, the Secretary shall submit to 
     the congressional defense committees a report on such 
     determination. Each report shall include the information 
     specified in subsection (c).
       (c) Information.--The information specified in this 
     subsection with respect to a major defense acquisition 
     program is the following:
       (1) An assessment of the costs to be incurred to complete 
     the program if the program is not modified.
       (2) An explanation of why the costs of the program have 
     increased.
       (3) A justification for the continuation of the program 
     notwithstanding the increase in costs.
       (d) Major Defense Acquisition Program Defined.--In this 
     section, the term ``major defense acquisition program'' has 
     the meaning given that term in section 2430 of title 10, 
     United States Code.
                                 ______
                                 
  SA 1579. Mr. CORZINE (for himself, Mr. Kennedy, Mr. Lautenberg, Mr. 
Dodd, Mr. Jeffords, and Mr. Feingold) 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 H of title V, add the following:

     SEC. 596. OPT OUT OF COLLECTION AND UTILIZATION OF PERSONAL 
                   INFORMATION BY THE DEPARTMENT OF DEFENSE FOR 
                   MILITARY RECRUITMENT PURPOSES.

       (a) Establishment of Registry.--The Secretary of Defense 
     shall establish and maintain a centralized registry of 
     individuals who opt to prohibit the Department of Defense 
     from obtaining, collecting, purchasing, storing, maintaining, 
     analyzing, holding, or otherwise utilizing for military 
     recruitment purposes the personal information with respect to 
     such individuals, including (but not limited to) information 
     specified in subsection (i). The registry shall be known as 
     the ``Student Privacy Protection Registry'' (in this section 
     referred to as the ``Registry'').
       (b) Single Registry.--
       (1) In general.--The Registry shall be the sole source of 
     information on individuals described in subsection (a). The 
     Secretary shall not maintain separate or local registries or 
     databases of information on such individuals in addition to 
     the Registry.
       (2) Access.--In order to facilitate compliance with the 
     requirement in paragraph (1), the Secretary shall ensure 
     access to the Registry by all individuals engaged in military 
     recruitment activities.
       (c) Individuals Eligible To Enroll in Registry.--
       (1) In general.--The following individuals may enroll in 
     the Registry:
       (A) Any individual who is older than 15 years of age but 
     younger than 18 years of age.
       (B) Any individual who is older than 17 years of age but 
     younger than 26 years of age.
       (2) Enrollment of certain individuals by parents.--An 
     individual described by paragraph (1)(A) may enroll in the 
     Registry or be enrolled in the Registry by a parent of such 
     individual.
       (d) Enrollment in Registry.--
       (1) In general.--An individual shall be enrolled in the 
     Registry through the submittal to the Secretary of a notice 
     of enrollment in the Registry.
       (2) Contents of notice.--A notice under paragraph (1) shall 
     include only the full name (first, middle, and last name), 
     date of birth, address, and telephone number of the 
     individual covered by the notice.
       (3) Mechanisms for submittal of notice.--The Secretary 
     shall establish a variety of mechanisms for the submittal of 
     notices under paragraph (1). Such mechanisms shall include--
       (A) a toll-free telephone number (commonly referred to as 
     an ``800 number'') established by the Secretary for purposes 
     of this section;
       (B) a prominently displayed Internet link from the Internet 
     homepage of the Department of Defense to an Internet webpage 
     for the submittal and receipt of notices;
       (C) a physical address to which notices may be sent and 
     will be received; and
       (D) such other mechanisms as the Secretary considers 
     appropriate.
       (4) Utilization of notice information.--Any information 
     received by the Secretary in a notice under paragraph (1) 
     shall be utilized solely for purposes of the Registry, and 
     may not be utilized for any other purposes.
       (e) Notice of Registry.--The Secretary of Defense shall 
     take appropriate actions to ensure that any individual 
     eligible to enroll in the Registry, and any parent of such 
     individual (in the case of an individual described by 
     subsection (c)(1)(A)), who is given materials or who is 
     contacted in any way for military recruitment purposes, 
     receives immediate and prominent notice of the Registry, the 
     consequences of enrollment in the Registry, and the 
     procedures for submitting notice of enrollment in the 
     Registry.
       (f) Department of Defense Responsibility for Maintenance 
     and Collection.--The Department of Defense shall be solely 
     responsible for maintaining the Registry and for enrolling 
     individuals in the Registry. The Department may not maintain 
     the Registry or enroll individuals in the Registry by 
     contract or through contractor personnel.
       (g) Prohibition on Dissemination of Information Obtained in 
     Recruitment.--The Secretary may not disseminate or disclose 
     to any individual not engaged in military recruitment 
     activities any information obtained by the Department of 
     Defense, or obtained by any contractor of the Department, for 
     the purposes of military recruitment activities, including 
     any such information maintained in the military recruitment 
     databases of the Department and the Registry.
       (h) Coordination of Laws Relating to Information for 
     Recruitment.--
       (1) Enrollment causes opt out of access to student 
     recruiting information.--The enrollment in the Registry of an 
     individual described by subsection (c)(1)(A) shall be deemed 
     to constitute the request of such individual's parents that 
     information described by paragraph (1) of section 9582(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7908(a)) not be released without prior written parental 
     consent in accordance with paragraph (2) of such section.
       (2) Opt out of access to student recruiting information 
     causes enrollment.--A request pursuant to paragraph (2) of 
     9582(a) of the Elementary and Secondary Education Act of 1965 
     by an individual described by subparagraph (A) or (B) of 
     subsection (c)(1), or a parent of such individual, that 
     information described by paragraph (1) of such section 
     9582(a) not be released without prior written parental 
     consent shall be treated as an enrollment of such individual 
     in the Registry.
       (3) Coordination.--The Secretary of Defense and the 
     Secretary of Education shall jointly take appropriate actions 
     to ensure the implementation of and compliance with the 
     requirements of this subsection.
       (i) Personal Information.--For purposes of this section, 
     the personal information of an individual specified in this 
     subsection is the following:
       (1) The full name.
       (2) The date of birth.
       (3) The sex.
       (4) The physical address, including city, State, and zip 
     code.
       (5) The social security number.
       (6) The email address (if any).
       (7) The ethnicity.
       (8) The telephone number.
       (9) In the case of an individual who has not graduated from 
     secondary school--
       (A) the name of the secondary school; and
       (B) the anticipated graduation date.
       (10) The grade point average at the most recently-completed 
     level of education.
       (11) The current education level.
       (12) Plans (if documented) for post-secondary education.
       (13) Plans (if documented) for service in the Armed Forces.
       (14) In the case of an individual attending an institution 
     of higher education--
       (A) the number of the institution;
       (B) the field of study (if determined); and
       (C) the anticipated graduation date.
       (15) In the case of an individual who intends to take the 
     Armed Services Vocational Aptitude Battery (ASVAB), the 
     scheduled date of the battery.
       (16) In the case of an individual who has taken the Armed 
     Services Vocational Aptitude Battery, the Armed Forces 
     Qualifying Test Category Score.

                          ____________________