[Congressional Record Volume 151, Number 146 (Monday, November 7, 2005)]
[Senate]
[Pages S12450-S12453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2433. Mr. CHAMBLISS (for himself, Mr. Isakson, Mr. Pryor, and Ms. 
Landrieu) 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 V, add the following:

[[Page S12451]]

     SEC. 538. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE 
                   RETIRED PAY BY MEMBERS OF THE READY RESERVE ON 
                   ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR 
                   SIGNIFICANT PERIODS.

       (a) Reduced Eligibility Age.--Section 12731 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) has attained the eligibility age applicable under 
     subsection (f) to that person;''; and
       (2) by adding at the end the following new subsection:
       ``(f)(1) Subject to paragraph (2), the eligibility age for 
     purposes of subsection (a)(1) is 60 years of age.
       ``(2)(A) In the case of a person who as a member of the 
     Ready Reserve serves on active duty or performs active 
     service described in subparagraph (B) after September 11, 
     2001, the eligibility age for purposes of subsection (a)(1) 
     shall be reduced below 60 years of age by three months for 
     each aggregate of 90 days on which such person so performs in 
     any fiscal year after such date, subject to subparagraph (C). 
     A day of duty may be included in only one aggregate of 90 
     days for purposes of this subparagraph.
       ``(B)(i) Service on active duty described in this 
     subparagraph is service on active duty pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of this title in support of a 
     contingency operation. Such service does not include service 
     on active duty pursuant to a call or order to active duty 
     under section 12310 of this title.
       ``(ii) Active service described in this subparagraph is 
     service under a call to active service authorized by the 
     President or the Secretary of Defense under section 502(f) of 
     title 32 for purposes of responding to a national emergency 
     declared by the President or supported by Federal funds.
       ``(C) The eligibility age for purposes of subsection (a)(1) 
     may not be reduced below 50 years of age for any person under 
     subparagraph (A).''.
       (b) Continuation of Age 60 as Minimum Age for Eligibility 
     of Non-Regular Service Retirees For Health Care.--Section 
     1074(b) of such title is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) does not apply to a member or former 
     member entitled to retired pay for non-regular service under 
     chapter 1223 of this title who is under 60 years of age.''.
       (c) Administration of Related 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 services 
     as being eligible for, or entitled to, retired pay under 
     chapter 1223 of 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 having attained the 
     eligibility age applicable under subsection (f) of section 
     12731 of title 10, United States Code (as added by subsection 
     (a)), to such member or former member for qualification for 
     such retired pay under subsection (a) of such section.
       (d) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect as of September 11, 2001, 
     and shall apply with respect to applications for retired pay 
     that are submitted under section 12731(a) of title 10, United 
     States Code, on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 2434. Mr. HAGEL 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. __. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN 
                   INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF 
                   THE RESERVE AND NATIONAL GUARD.

       Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C. 
     1383(j)(1)(B)) is amended by inserting ``(24 consecutive 
     months, in the case of such an individual whose ineligibility 
     for benefits under or pursuant to both such sections is a 
     result of being called to active duty pursuant to section 
     12301(d) or 12302 of title 10, United States Code, or section 
     502(f) of title 32, United States Code)'' after ``for a 
     period of 12 consecutive months''.
                                 ______
                                 
  SA 2435. Mr. KOHL (for himself and 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 B of title XXXI, add the following:

     SEC. __. STRATEGIC REFINERY RESERVE.

       (a) Establishment.--
       (1) In general.--The Secretary of Energy shall establish 
     and operate a Strategic Refinery Reserve (referred to in this 
     section as the ``Reserve'') in the United States.
       (2) Authorities.--To carry out this subsection, the 
     Secretary of Energy may contract for--
       (A) the construction or operation of new refineries; or
       (B) the acquisition or reopening of closed refineries.
       (b) Operation.--The Secretary of Energy shall operate the 
     Reserve--
       (1) to provide petroleum products to--
       (A) the Federal Government (including the Department of 
     Defense); and
       (B) any State governments and political subdivisions of 
     States that opt to purchase refined petroleum products from 
     the Reserve; and
       (2) to provide petroleum products to the general public 
     during any period described in subsection (c).
       (c) Emergency Periods.--The Secretary of Energy shall make 
     petroleum products from the Reserve available under 
     subsection (b)(2) only if the President determines that--
       (1) there is a severe energy supply interruption within the 
     meaning of the term under section 3 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6202); or
       (2)(A) there is a regional petroleum product supply 
     shortage of significant scope and duration; and
       (B) action taken under subsection (b)(2) would directly and 
     significantly assist in reducing the adverse impact of the 
     shortage.
       (d) Locations.--In determining the location of a refinery 
     for inclusion in the Reserve, the Secretary of Energy shall 
     take into account--
       (1) the impact of the refinery on the local community, as 
     determined after requesting and reviewing any comments from 
     State and local governments and the public;
       (2) regional vulnerability to--
       (A) natural disasters; and
       (B) terrorist attacks;
       (3) the proximity of the refinery to the Reserve;
       (4) the accessibility of the refinery to energy 
     infrastructure and Federal facilities (including facilities 
     under the jurisdiction of the Department of Defense);
       (5) the need to minimize adverse public health and 
     environmental impacts; and
       (6) the energy needs of the Federal Government (including 
     the Department of Defense).
       (e) Increased Capacity.--The Secretary of Energy shall 
     ensure that refineries in the Reserve are designed to provide 
     a rapid increase in production capacity during periods 
     described in subsection (c).
       (f) Implementation Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Energy shall 
     submit to Congress a plan for the establishment and operation 
     of the Reserve under this section.
       (2) Requirements.--The plan required under paragraph (1) 
     shall--
       (A)(i)(I) provide for, within 2 years after the date of 
     enactment of this Act, a capacity within the Reserve equal to 
     5 percent of the total United States daily demand for 
     gasoline, diesel, and aviation fuel; and
       (II) provide for a capacity within the Reserve such that 
     not less than 75 percent of the gasoline and diesel fuel 
     produced by the Reserve contain an average of 10 percent 
     renewable fuel (as that term is defined in 211(o)(1)(C) of 
     the Clean Air Act (42 U.S.C. 7545(o)(1)(C)); or
       (ii) if the Secretary of Energy finds that achieving the 
     capacity described in either subclause (I) or (II) of clause 
     (i) is not feasible within 2 years, include--
       (I) an explanation from the Secretary of Energy of the 
     reasons why achieving the capacity within the timeframe is 
     not feasible; and
       (II) provisions for achieving the required capacity as soon 
     as practicable; and
       (B) provide for adequate delivery systems capable of 
     providing Reserve product to the entities described in 
     subsection (b)(1).
       (g) Coordination.--The Secretary of Energy shall carry out 
     this section in coordination with the Secretary of Defense.
       (h) Compliance With Federal Environmental Requirements.--
     Nothing in this section affects any requirement to comply 
     with Federal or State environmental or other laws.

     SEC. __. REPORTS ON REFINERY CLOSURES.

       (a) Reports to Secretary of Energy.--
       (1) In general.--Not later than 180 days before permanently 
     closing a refinery in the United States, the owner or 
     operator of the refinery shall provide to the Secretary of 
     Energy notice of the closing.
       (2) Requirements.--The notice required under paragraph (1) 
     with respect to a refinery to be closed shall include an 
     explanation of the reasons for the closing of the refinery.
       (b) Reports to Congress.--The Secretary of Energy shall, in 
     consultation with the Secretary of Defense, the Administrator 
     of the Environmental Protection Agency, and the Federal Trade 
     Commission and as soon as practicable after receipt of a 
     report under subsection (a), submit to Congress--
       (1) the report; and
       (2) an analysis of the effects of the proposed closing 
     covered by the report on--

[[Page S12452]]

       (A) in accordance with the Clean Air Act (42 U.S.C. 7401 et 
     seq.), supplies of clean fuel;
       (B) petroleum product prices;
       (C) competition in the refining industry;
       (D) the national economy;
       (E) regional economies;
       (F) regional supplies of refined petroleum products;
       (G) the supply of fuel to the Department of Defense; and
       (H) energy security.
                                 ______
                                 
  SA 2436. Ms. SNOWE (for herself, Ms. Collins, Ms. Landrieu, Mr. Wyden 
and Mr. Corzine) 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 D of title XXVIII of division B, add 
     the following:

     SEC. 2887. TRANSFER TO REDEVELOPMENT AUTHORITIES WITHOUT 
                   CONSIDERATION OF PROPERTY LOCATED AT MILITARY 
                   INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 
                   ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

       (a) Option on Transfer of Real Property and Facilities.--
     Paragraph (2)(C) of section 2905(b) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended--
       (1) by inserting ``(i)'' after ``(C)''; and
       (2) by adding at the end the following new clause:
       ``(ii)(I) Except as provided in subclause (II), in the case 
     of any real property or facilities located at an installation 
     for which the date of approval of closure or realignment is 
     after January 1, 2005, including property or facilities that 
     would otherwise be transferred to a military department or 
     other entity within the Department of Defense or the Coast 
     Guard under clause (i), or would otherwise be transferred to 
     another Federal agency--
       ``(aa) the Secretary shall instead offer to transfer such 
     property or facilities to the redevelopment authority with 
     respect to such installation; and
       ``(bb) if the redevelopment authority accepts the offer, 
     transfer such property or facilities to the redevelopment 
     authority, without consideration, subject to the provisions 
     of paragraph (4).
       ``(II) The requirement under subclause (I) shall not 
     apply--
       ``(aa) to a transfer of property or facilities to a 
     military department or other entity within the Department of 
     Defense or the Coast Guard under clause (i), or to the 
     Department of Homeland Security, if the Secretary of Defense 
     determines that such transfer is necessary in the national 
     security interest of the United States; or
       ``(bb) to a transfer of property or facilities to an Indian 
     tribe or tribal organization pursuant to section 105(f)(3) of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450j(f)(3)).''.
       (b) Option on Transfer of Personal Property.--Paragraph (3) 
     of such section is amended--
       (1) in subparagraph (C)(i), by striking ``subparagraphs (E) 
     and (F)'' and inserting ``subparagraphs (F) and (G)'';
       (2) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (3) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E) In the case of any personal property located at an 
     installation for which the date of approval of closure or 
     realignment is after January 1, 2005, including property that 
     is determined pursuant to the inventory under subparagraph 
     (A)(i) to be excess property that would otherwise be 
     transferred to another Federal agency under subchapter II of 
     chapter 5 of title 40, United States Code, pursuant to the 
     authority in paragraph (1)(A)--
       ``(i) the Secretary shall, unless the Secretary determines 
     that a transfer of such property to a military department or 
     other entity within the Department of Defense or the Coast 
     Guard, or to the Department of Homeland Security, is 
     necessary in the national security interest of the United 
     States, instead offer to transfer such property to the 
     redevelopment authority with respect to such installation; 
     and
       ``(ii) if the redevelopment authority accepts the offer, 
     transfer such property to the redevelopment authority, 
     without consideration, subject to the provisions of paragraph 
     (4).''.
       (c) Economic Redevelopment.--Paragraph (4)(A) of such 
     section is amended by striking ``purposes of job generation'' 
     and inserting ``purposes of economic redevelopment or job 
     generation''.
       (d) Conforming Change.--Paragraph (4)(B) of such section is 
     amended--
       (1) by striking ``shall seek'' and all that follows through 
     ``with respect to the installation'' and inserting the 
     following: ``may not obtain consideration in connection with 
     any transfer under this paragraph of property located at the 
     installation. The redevelopment authority to which such 
     property is transferred shall'';
       (2) in clause (i), by striking ``agrees'' and inserting 
     ``agree''; and
       (3) in clause (ii)--
       (A) by striking ``executes'' and inserting ``execute''; and
       (B) by striking ``accepts'' and inserting ``accept''.
                                 ______
                                 
  SA 2437. Mr. CRAIG (for himself, Mr. Roberts, Mr. Brownback, 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 appropriate place, insert the following:

     SECTION __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR 
                   INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.

       (a) Prohibition Against Interment in National Cemetery.--
     Section 2411 of title 38, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking `` for which the person 
     was sentenced to death or life imprisonment''; and
       (B) in paragraph (2), by striking `` for which the person 
     was sentenced to death or life imprisonment without parole''; 
     and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``the death penalty or 
     life imprisonment'' and inserting ``a life sentence or the 
     death penalty''; and
       (B) in paragraph (2), by striking ``the death penalty or 
     life imprisonment without parole may be imposed'' and 
     inserting ``a life sentence or the death penalty may be 
     imposed''.
       (b) Denial of Certain Burial-Related Benefits.--Section 985 
     of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``who has been convicted 
     of a capital offense under Federal or State law for which the 
     person was sentenced to death or life imprisonment without 
     parole.'' and inserting ``described in section 2411(b) of 
     title 38.'';
       (2) in subsection (b), by striking ``convicted of a capital 
     offense under Federal law'' and inserting ``described in 
     section 2411(b) of title 38''; and
       (3) by amending subsection (c) to read as follows:
       ``(c) Definition.--In this section, the term `burial' 
     includes inurement.''.
       (c) Denial of Funeral Honors.--Section 1491(h) of title 10, 
     United States Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking `` means a decedent who--'' and inserting 
     the following: ``--
       ``(1) means a decedent who--'';
       (3) in subparagraph (B), as redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(2) does not include any person described in section 
     2411(b) of title 38.''.
       (d) Rulemaking.--
       (1) Department of defense.--The Secretary of Defense shall 
     prescribe regulations to ensure that a person is not interred 
     in any military cemetery under the authority of the Secretary 
     or provided funeral honors under section 1491 of title 10, 
     United States Code, unless a good faith effort has been made 
     to determine whether such person is described in section 
     2411(b) of title 38, United States Code, or is otherwise 
     ineligible for such interment or honors under Federal law.
       (2) Department of veterans affairs.--The Secretary of 
     Veterans Affairs shall prescribe regulations to ensure that a 
     person is not interred in any cemetery in the National 
     Cemetery System unless a good faith effort has been made to 
     determine whether such person is described in section 2411(b) 
     of title 38, United States Code, or is otherwise ineligible 
     for such interment under Federal law.
                                 ______
                                 
  SA 2438. Mr. HARKIN (for himself, and Mr. Dorgan) 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 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.

[[Page S12453]]

       (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.

                          ____________________