[Congressional Record Volume 151, Number 148 (Wednesday, November 9, 2005)]
[Senate]
[Pages S12617-S12627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2474. Mr. MARTINEZ (for himself and 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 C of title III, add the following:

     SEC. __. IMPROVEMENT OF AUTHORITIES ON GENERAL GIFT FUNDS OF 
                   THE DEPARTMENT OF DEFENSE.

       (a) Restatement and Expansion of Current Authority.--
     Subsection (a) of section 2601 of title 10, United States 
     Code, is amended to read as follows:
       ``(a)(1) Subject to subsection (b), the Secretary concerned 
     may accept, hold, administer, and spend any gift, devise, or 
     bequest of real or personal property made on the condition 
     that it be used for the benefit, or in connection with, the 
     establishment, operation, or maintenance of a school, 
     hospital, library, museum, cemetery, or other institution or 
     organization under the jurisdiction of such Secretary.
       ``(2)(A) Subject to subsection (b), the Secretary concerned 
     may accept, hold, administer, and spend any gift, devise, or 
     bequest of real or personal property made on the condition 
     that it be used for the benefit of members of the armed 
     forces or civilian employees of United States Government, or 
     the dependents or survivors of such members or employees, who 
     are wounded or killed while serving in Operation Iraqi 
     Freedom, Operation Enduring Freedom, or any other military 
     operation or activity, or geographic area, designated by the 
     Secretary of Defense for purposes of this section.
       ``(B) The Secretary of Defense shall prescribe regulations 
     specifying the conditions that may be attached to a gift, 
     devise, or bequest accepted under this paragraph.
       ``(C) The authority to accept gifts, devises, or bequests 
     under this paragraph shall expire on December 31, 2007.
       ``(3) The Secretary concerned may pay all necessary 
     expenses in connection with the

[[Page S12618]]

     conveyance or transfer of a gift, devise, or bequest made 
     under this subsection.''.
       (b) Scope of Authority To Use Accepted Property.--Such 
     section is further amended--
       (1) by redesignating subsections (b), (c) and (d) as 
     subsections (c), (d), and (e), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b)(1) Except as provided in paragraph (2), property 
     accepted under subsection (a) may be used by the Secretary 
     concerned without further specific authorization in law.
       ``(2) Property accepted under subsection (a) may not be 
     used--
       ``(A) if the use of such property in connection with any 
     program, project, or activity would result in the violation 
     of any prohibition or limitation otherwise applicable to such 
     program, project, or activity;
       ``(B) if the conditions attached to such property are 
     inconsistent with applicable law or regulations;
       ``(C) if the use of such property would reflect unfavorably 
     on ability of the Department of Defense, any employee of the 
     Department, or any member of the armed forces to carry out 
     any responsibility or duty of the Department in a fair and 
     objective manner; or
       ``(D) if the use of such property would compromise the 
     integrity or appearance of integrity of any program of the 
     Department of Defense, or any individual involved in such a 
     program.''.
       (c) Conforming Amendment.--Subsection (c) of such section, 
     as redesignated by subsection (b)(1) of this section, is 
     further amended in the flush matter following paragraph (4) 
     by striking ``benefit or use of the designated institution or 
     organization'' and inserting ``purposes specified in 
     subsection (a)''.
       (d) GAO Audits.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(f) The Comptroller General of the United States shall 
     make periodic audits of real or personal property accepted 
     under subsection (a) at such intervals as the Comptroller 
     General determines to be warranted. The Comptroller General 
     shall submit to Congress a report on the results of each such 
     audit.''.
                                 ______
                                 
  SA 2475. Mr. BROWNBACK (for himself, Mr. Coburn, Mr. DeMint, Mr. 
Inhofe, Mr. Sessions, and Mr. Talent) 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. __. PROTECTION OF CHILDREN AND PARENTAL INVOLVEMENT IN 
                   THE PERFORMANCE OF ABORTIONS FOR DEPENDENT 
                   CHILDREN OF MEMBERS OF THE ARMED FORCES.

       Section 1093 of title 10, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(c) Parental Notice.--(1) A physician may not use 
     facilities of the Department of Defense to perform an 
     abortion on a pregnant unemancipated minor who is a child of 
     a member of the armed forces unless--
       ``(A) the physician gives at least 48 hours actual notice, 
     in person or by telephone, of the physician's intent to 
     perform the abortion to--
       ``(i) the member of the armed forces, or another parent of 
     the minor, if the minor has no managing conservator or 
     guardian; or
       ``(ii) a court-appointed managing conservator or guardian;
       ``(B) the judge of an appropriate district court of the 
     United States issues an order authorizing the minor to 
     consent to the abortion as provided by subsection (d) or (e);
       ``(C) the appropriate district court of the United States 
     by its inaction constructively authorizes the minor to 
     consent to the abortion as provided by subsection (d) or (e); 
     or
       ``(D) the physician performing the abortion--
       ``(i) concludes that on the basis of the physician's good 
     faith clinical judgment, a condition exists that complicates 
     the medical condition of the minor and necessitates the 
     immediate abortion of her pregnancy to avert her death or to 
     avoid a serious risk of substantial and irreversible 
     impairment of a major bodily function; and
       ``(ii) certifies in writing to the appropriate medical 
     official of the Department of Defense, and in the patient's 
     medical record, the medical indications supporting the 
     physician's judgment that the circumstances described by 
     clause (i) exist.
       ``(2) If a person to whom notice may be given under 
     paragraph (1)(A) cannot be notified after a reasonable 
     effort, a physician may perform an abortion if the physician 
     gives 48 hours constructive notice, by certified mail, 
     restricted delivery, sent to the last known address, to the 
     person to whom notice may be given under that paragraph. The 
     period under this paragraph begins when the notice is mailed. 
     If the person required to be notified is not notified within 
     the 48-hour period, the abortion may proceed even if the 
     notice by mail is not received.
       ``(3) The requirement that 48 hours actual notice be 
     provided under this subsection may be waived by an affidavit 
     of--
       ``(A) the member of the armed forces concerned, or another 
     parent of the minor, if the minor has no managing conservator 
     or guardian; or
       ``(B) a court-appointed managing conservator or guardian.
       ``(4) A physician may execute for inclusion in the minor's 
     medical record an affidavit stating that, according to the 
     best information and belief of the physician, notice or 
     constructive notice has been provided as required by this 
     subsection. Execution of an affidavit under this paragraph 
     creates a presumption that the requirements of this 
     subsection have been satisfied.
       ``(5) A certification required by paragraph (1)(D) is 
     confidential and privileged and is not subject to disclosure, 
     discovery, subpoena, or other legal process. Personal or 
     identifying information about the minor, including her name, 
     address, or social security number, may not be included in a 
     certification under paragraph (1)(D). The physician must keep 
     the medical records on the minor in compliance with 
     regulations prescribed by the Secretary of Defense.
       ``(6) A physician who intentionally performs an abortion on 
     a pregnant unemancipated minor in violation of this 
     subsection commits an offense punishable by a fine not to 
     exceed $10,000.
       ``(7) It is a defense to prosecution under this subsection 
     that the minor falsely represented her age or identity to the 
     physician to be at least 18 years of age by displaying an 
     apparently valid governmental record of identification such 
     that a reasonable person under similar circumstances would 
     have relied on the representation. The defense does not apply 
     if the physician is shown to have had independent knowledge 
     of the minor's actual age or identity or failed to use due 
     diligence in determining the minor's age or identity.
       ``(d) Judicial Approval.--(1) A pregnant unemancipated 
     minor who is a child of a member of the armed forces and who 
     wishes to have an abortion using facilities of the Department 
     of Defense without notification to the member of the armed 
     forces, another parent, her managing conservator, or her 
     guardian may file an application for a court order 
     authorizing the minor to consent to the performance of an 
     abortion without notification to either of her parents or a 
     managing conservator or guardian.
       ``(2) Any application under this subsection may be filed in 
     any appropriate district court of the United States. In the 
     case of a minor who elects not to travel to the United States 
     in pursuit of an order authorizing the abortion, the court 
     may conduct the proceedings in the case of such application 
     by telephone.
       ``(3) An application under this subsection shall be made 
     under oath and include--
       ``(A) a statement that the minor is pregnant;
       ``(B) a statement that the minor is unmarried, is under 18 
     years of age, and has not had her disabilities removed;
       ``(C) a statement that the minor wishes to have an abortion 
     without the notification of either of her parents or a 
     managing conservator or guardian; and
       ``(D) a statement as to whether the minor has retained an 
     attorney and, if she has retained an attorney, the name, 
     address, and telephone number of her attorney.
       ``(4) The court shall appoint a guardian ad litem for the 
     minor. If the minor has not retained an attorney, the court 
     shall appoint an attorney to represent the minor. If the 
     guardian ad litem is an attorney, the court may appoint the 
     guardian ad litem to serve as the minor's attorney.
       ``(5) The court may appoint to serve as guardian ad litem 
     for a minor--
       ``(A) a psychiatrist or an individual licensed or certified 
     as a psychologist;
       ``(B) a member of the clergy;
       ``(C) a grandparent or an adult brother, sister, aunt, or 
     uncle of the minor; or
       ``(D) another appropriate person selected by the court.
       ``(6) The court shall determine within 48 hours after the 
     application is filed whether the minor is mature and 
     sufficiently well-informed to make the decision to have an 
     abortion performed without notification to either of her 
     parents or a managing conservator or guardian, whether 
     notification would not be in the best interest of the minor, 
     or whether notification may lead to physical, sexual, or 
     emotional abuse of the minor. If the court finds that the 
     minor is mature and sufficiently well informed, that 
     notification would not be in the minor's best interest, or 
     that notification may lead to physical, sexual, or emotional 
     abuse of the minor, the court shall enter an order 
     authorizing the minor to consent to the performance of the 
     abortion without notification to either of her parents or a 
     managing conservator or guardian and shall execute the 
     required forms.
       ``(7) If the court fails to rule on the application within 
     the period specified in paragraph (6), the application shall 
     be deemed to be granted and the physician may perform the 
     abortion as if the court had issued an order authorizing the 
     minor to consent to the performance of the abortion without 
     notification under subsection (c).
       ``(8) If the court finds that the minor does not meet the 
     requirements of paragraph (6), the court may not authorize 
     the minor to consent to an abortion without the notification 
     authorized under subsection (c)(1).

[[Page S12619]]

       ``(9) The court may not notify a parent, managing 
     conservator, or guardian that the minor is pregnant or that 
     the minor wants to have an abortion. The court proceedings 
     shall be conducted in a manner that protects the anonymity of 
     the minor. The application and all other court documents 
     pertaining to the proceedings are confidential and privileged 
     and are not subject to disclosure, discovery, subpoena, or 
     other legal process. The minor may file the application using 
     a pseudonym or using only her initials.
       ``(10) An order of the court issued under this subsection 
     is confidential and privileged and is not subject to 
     disclosure, discovery, subpoena, or other legal process. The 
     order may not be released to any person but the pregnant 
     minor, the pregnant minor's guardian ad litem, the pregnant 
     minor's attorney, another person designated to receive the 
     order by the minor, or a governmental agency or attorney in a 
     criminal or administrative action seeking to assert or 
     protect the interest of the minor.
       ``(11) A filing fee is not required of and court costs may 
     not be assessed against a minor filing an application under 
     this subsection.
       ``(e) Appeal.--(1) A minor whose application under 
     subsection (d) is denied may appeal to the court of appeals 
     of the United States having jurisdiction of the district 
     court of the United States that denied the application. If 
     the court of appeals fails to rule on the appeal within 48 
     hours after the appeal is filed, the appeal shall be deemed 
     to be granted and the physician may perform the abortion 
     using facilities of the Department of Defense as if the court 
     had issued an order authorizing the minor to consent to the 
     performance of the abortion using facilities of the 
     Department of Defense without notification under subsection 
     (c). Proceedings under this subsection shall be given 
     precedence over other pending matters to the extent necessary 
     to assure that the court reaches a decision promptly.
       ``(2) A ruling of the court of appeals under this 
     subsection is confidential and privileged and is not subject 
     to disclosure, discovery, subpoena, or other legal process. 
     The ruling may not be released to any person but the pregnant 
     minor, the pregnant minor's guardian ad litem, the pregnant 
     minor's attorney, another person designated to receive the 
     ruling by the minor, or a governmental agency or attorney in 
     a criminal or administrative action seeking to assert or 
     protect the interest of the minor.
       ``(3) A filing fee is not required of and court costs may 
     not be assessed against a minor filing an appeal under this 
     subsection.
       ``(f) Rule of Construction.--Nothing in subsections (c), 
     (d), or (e) shall be construed to create any exemption to the 
     restrictions contained in subsections (a) and (b).
       ``(g) Definitions.--In this section:
       ``(1) The term `abortion' means the use of any means at a 
     medical facility of the Department of Defense to terminate 
     the pregnancy of a female known by an attending physician to 
     be pregnant, with the intention that the termination of the 
     pregnancy by those means will with reasonable likelihood 
     cause the death of the fetus. The term applies only to an 
     unemancipated minor known by an attending physician to be 
     pregnant and may not be construed to limit a minor's access 
     to contraceptives.
       ``(2) The term `appropriate district court of the United 
     States' means--
       ``(A) with respect to a proposed abortion at a particular 
     Department of Defense medical facility in the United States 
     or its territories, the district court of the United States 
     having proper venue in relation to that facility; or
       ``(B) if the minor is seeking an abortion at a particular 
     Department of Defense facility outside the United States or 
     its territories--
       ``(i) if the minor elects to travel to the United States in 
     pursuit of an order authorizing the abortion, the district 
     court of the United States having proper venue in the 
     district in which the minor first arrives from outside the 
     United States; or
       ``(ii) if the minor elects not to travel to the United 
     States in pursuit of an order authorizing the abortion, the 
     district court of the United States for the district in which 
     the minor last resided.
       ``(3) The term `fetus' means an individual human organism 
     from fertilization until birth.
       ``(4) The term `guardian' means a court-appointed guardian 
     of the person of the minor.
       ``(5) The term `physician' means an individual licensed to 
     practice medicine.
       ``(6) The term `unemancipated minor' includes a minor who 
     is not a member of the armed forces and who--
       ``(A) is unmarried; and
       ``(B) has not had any disabilities of minority removed.''.
                                 ______
                                 
  SA 2476. Mr. DORGAN (for himself, Mr. Durbin, Mrs. Boxer, and Mr. 
Lautenberg) 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 appropriate place, insert the following:

     TITLE--SPECIAL COMMITTEE OF SENATE ON WAR AND RECONSTRUCTION 
                              CONTRACTING

     SEC.__01. FINDINGS.

       Congress makes the following findings:
       (1) The wars in Iraq and Afghanistan have exerted very 
     Large demands on the Treasury of the United States and 
     required tremendous sacrifice by the members of the Armed 
     Forces of the United States.
       (2) Congress has a constitutional responsibility to ensure 
     comprehensive oversight of the expenditure of United States 
     Government funds.
       (3) Waste and corporate abuse of United States Government 
     resources are particularly unacceptable and reprehensible 
     during times of war.
       (4) The magnitude of the funds involved in the 
     reconstruction of Afghanistan and Iraq and the war on 
     terrorism, together with the speed with which these funds 
     have been committed, presents a challenge to the effective 
     performance of the traditional oversight function of Congress 
     and the auditing functions of the executive branch.
       (5) The Senate Special Committee to Investigate the 
     National Defense Program, popularly know as the Truman 
     Committee, which was established during World War II, offers 
     a constructive precedent for bipartisan oversight of wartime 
     contracting that can also be extended to wartime and postwar 
     reconstruction activities.
       (6) The Truman Committee is credited with an extremely 
     successful investigative effort, performance of a significant 
     public education role, and achievement of fiscal savings 
     measured in the billions of dollar.
       (7) The public has a right to expect that taxpayer 
     resources will be carefully disbursed and honestly spent.

     SEC.__02. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION 
                   CONTRACTING.

       There is established a special committee of the Senate to 
     be known as the Special Committee on War and Reconstruction 
     Contracting hereafter in this title referred to as the 
     ``Special Committee'').

     SEC.__03. PURPOSE AND DUTIES.

       (a) Purpose.--The purpose of the Special Committee is to 
     investigate the awarding and performance of contracts 
     military, security, and reconstruction activities in 
     Afghanistan and Iraq and to support the prosecution of the 
     war on terrorism.
       (B) Duties.--The Special Committee shall examine the 
     contracting actions described in subsection (a) and report on 
     such actions, in accordance with this section, regarding--
       (1) bidding, contracting, accounting, and auditing 
     standards for Federal Government contracts;
       (2) methods of contracting, including sole-source contracts 
     and limited competition or non-competitive contracts;
       (3) subcontracting under large, comprehensive contracts;
       (4) oversight procedures;
       (5) consequences of cost-plus and fixed price contracting;
       (6) allegations of wasteful and fraudulent practices;
       (7) accountability of contractors and Government officials 
     involved in procurement and contracting;
       (8) penalties for violations of law and abuses in the 
     awarding and performance of Government contracts; and
       (9) lessons learned from the contracting process used in 
     Iraq and Afghanistan and in connection with the war on 
     terrorism with respect to the structure, coordination, 
     management policies, and procedures of the Federal 
     Government.
       (c) Investigation of Wasteful and Fraudulent Practices.--
     The investigation by the Special Committee of allegations of 
     wasteful and fraudulent practices under subsection (b)(6) 
     shall include investigation of allegations regarding any 
     contract or spending entered into, supervised by, or 
     otherwise involving the Coalition Provisional Authority, 
     regardless of whether or not such contract or spending 
     involved appropriated funds of the United States.
       (d) Evidence Considered.--In carrying out its duties, the 
     Special Committee shall ascertain and evaluate the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances relevant to contracts described in 
     subsection (a) and any contract or spending covered by 
     subsection (c).

     SEC.__04. COMPOSITION OF SPECIAL COMMITTEE.

       (a) Membership.--
       (1) In general.--The Special Committee shall consist of 7 
     members of the Senate of whom--
       (A) 4 members shall be appointed by the President pro 
     tempore of the Senate, in consultation with the majority 
     leader of the Senate; and
       (B) 3 members shall be appointed by the minority leader of 
     the Senate.
       (2) Date.--The appointments of the members of the Special 
     Committee shall be made not later than 90 days after the date 
     of the enactment of this Act.
       (b) Vacancies.--Any vacancy in the Special Committee shall 
     not affect its powers, but shall be filled in the same manner 
     as the original appointment.
       (c) Service.--Service of a Senator as a member, chairman, 
     or ranking member of the Special Committee shall not be taken 
     into account for the purposes of paragraph (4) of rule XXV of 
     the Standing Rules of the Senate.

[[Page S12620]]

       (d) Chairman and Ranking Member.--The chairman of the 
     Special Committee shall be designated by the majority leader 
     of the Senate, and the ranking member of the Special 
     Committee shall be designated by the minority leader of the 
     Senate.
       (e) Quorum.--
       (1) Reports and recommendations.--A majority of the members 
     of the Special Committee shall constitute a quorum for the 
     purpose of reporting a matter or recommendation to the 
     Senate.
       (2) Testimony.--One member of the Special Committee shall 
     constitute a quorum for the purpose of taking testimony.
       (3) Other business.--A majority of the members of the 
     Special Committee, or \1/3\ of the members of the Special 
     Committee if at least one member of the minority party is 
     present, shall constitute a quorum for the purpose of 
     conducting any other business of the Special Committee.

     SEC. __05. RULES AND PROCEDURES.

       (a) Governance Under Standing Rules of Senate.--Except as 
     otherwise specifically provided in this resolution, the 
     investigation, study, and hearings conducted by the Special 
     Committee shall be governed by the Standing Rules of the 
     Senate.
       (b) Additional Rules and Procedures.--The Special Committee 
     may adopt additional rules or procedures of the chairman and 
     ranking member agree that such additional rules or procedures 
     are necessary to enable the Special Committee to conduct the 
     investigation, study, and hearings authorized by this 
     resolution. Any such additional rules and procedures--
       (1) shall not be inconsistent with this resolution or the 
     Standing Rules of the Senate; and
       (2) shall become effective upon publication in the 
     Congressional Record.

     SEC. __06. AUTHORITY OF SPECIAL COMMITTEE.

       (a) In General.--The Special Committee may exercise all of 
     the powers and responsibilities of a committee under rule 
     XXVI of the Standing Rules of the Senate.
       (b) Hearings.--The Special Committee or, at its direction, 
     any subcommittee or member of the Special Committee, may, for 
     the purpose of carrying out this resolution--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Special Committee or such 
     subcommittee or member considers advisable; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Special Committee considers advisable.
       (c) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Subpoenas issued under subsection (b) shall 
     bear the signature of the Chairman of the Special Committee 
     and shall be served by any person or class of persons 
     designated by the Chairman for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found 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.
       (d) Meetings.--The Special Committee may sit and act at any 
     time or place during sessions, recesses, and adjournment 
     periods of the Senate.

     SEC. __07. REPORTS.

       (a) Initial Report.--The Special Committee shall submit to 
     the Senate a report on the investigation conducted pursuant 
     to section __03 not later than 270 days after the appointment 
     of the Special Committee members.
       (b) Updated Report.--The Special Committee shall submit an 
     updated report on such investigation not later than 180 days 
     after the submission of the report under subsection (a).
       (c) Additional Reports.--The Special Committee may submit 
     any additional report or reports that the Special Committee 
     considers appropriate.
       (d) Findings and Recommendations.--The reports under this 
     section shall include findings and recommendations of the 
     Special Committee regarding the matters considered under 
     section __03.
       (e) Disposition of Reports.--Any report made by the Special 
     Committee when the Senate is not in session shall be 
     submitted to the Clerk of the Senate. Any report made by the 
     Special Committee shall be referred to the committee or 
     committees that have jurisdiction over the subject matter of 
     the report.

     SEC. __08. ADMINISTRATIVE PROVISIONS.

       (A) Staff.--
       (1)(1) In general.--The Special Committee may employ in 
     accordance with paragraph (2) a staff composed of such 
     clerical, investigatory, legal, technical, and other 
     personnel as the Special Committee, or the chairman or the 
     ranking member, considers necessary or appropriate.
       (2) Appointment of staff.--
       (A) In general.--The Special Committee shall appoint a 
     staff for the majority, a staff for the minority, and a 
     nondesignated staff.
       (B) Majority staff.--The minority staff shall be appointed, 
     and may be removed, by the chairman and shall work under the 
     general supervision and direction of the chairman.
       (C) Minority staff.--The minority staff shall be appointed, 
     and may be removed, by the ranking member of the Special 
     Committee, and shall work under the general supervision and 
     direction of such member.
       (D) Nondesignated staff.--Nondesignated staff shall be 
     appointed, and may be removed, jointly by the chairman and 
     the ranking member, and shall work under the joint general 
     supervision and direction of the chairman and ranking member.
       (b) Compensation.
       (1) Majority staff.--The chairman shall fix the 
     compensation of all personnel of the majority staff of the 
     Special Committee.
       (2) Minority staff.--The ranking member shall fix the 
     compensation of all personnel of the minority staff of the 
     Special Committee.
       (3) Nondesignated staff.--The chairman and ranking member 
     shall jointly fix the compensation of all nondesignated staff 
     of the Special Committee, within the budget approved for such 
     purposes for the Special Committee.
       (c) Reimbursement of Expenses.--The Special Committee may 
     reimburse the members of its staff for travel, subsistence, 
     and other necessary expenses incurred by such staff members 
     in the performance of their functions for the Special 
     Committee.
       (d) Payment of Expenses.--There shall be paid out of the 
     applicable accounts of the Senate such sums as may be 
     necessary for the expenses of the Special Committee. Such 
     payments shall be made on vouchers signed by the chairman of 
     the Special Committee and approved in the manner directed by 
     the Committee on Rules and Administration of the Senate. 
     Amounts made available under this subsection shall be 
     expended in accordance with regulations prescribed by the 
     Committee on Rules and Administration of the Senate.

     SEC. __09. TERMINATION.

       The Special Committee shall terminate on February 28, 2007.

     SEC. __10. SENSE OF SENATE ON CERTAIN CLAIMS REGARDING THE 
                   COALITION PROVISIONAL AUTHORITY.

       It is the sense of the Senate that any claim of fraud, 
     waste, or abuse under the False Claims Act that involves any 
     contract or spending by the Coalition Provisional Authority 
     should be considered a claim against the United States 
     Government.
                                 ______
                                 
  SA 2477. Mr. TALENT (for himself, Mr. Warner, Mr. Stevens, Mr. 
Chambliss, Mr. Cornyn, Mr. Lieberman, Mrs. Boxer, Mrs. Feinstein, Ms. 
Collins, Mr. DeWine, Mr. Dodd, and 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:

       Strike section 131 and insert the following:

     SEC. 131. C-17 AIRCRAFT PROGRAM AND INTER-THEATER AIRLIFT 
                   REQUIREMENTS.

       (a) Multiyear Procurement Authorized.--The Secretary of the 
     Air Force may, in accordance with section 2306b of title 10, 
     United States Code, enter into a multiyear contract, 
     beginning with the fiscal year 2006 program year, for the 
     procurement of up to 42 additional C-17 aircraft.
       (b) Certification Required.--Before the exercise of the 
     authority in subsection (a), the Secretary of Defense shall 
     submit to the congressional defense committees a 
     certification that the additional airlift capacity to be 
     provided by the C-17 aircraft to be procured under the 
     authority is consistent with the quadrennial defense review 
     under section 118 of title 10, United States Code, to be 
     submitted to Congress with the budget of the President for 
     fiscal year 2007 (as submitted under section 1105(a) of title 
     31, United States Code), as qualified by subsection (c).
       (c) Additional Explanation of Inter-Theater Airlift 
     Requirements.--
       (1) Inclusion in quadrennial defense review.--The Secretary 
     of Defense shall, as part of the quadrennial defense review 
     in 2005 and in accordance with the provisions of section 
     118(d)(9) of title 10, United States Code, carry out an 
     assessment of the inter-theater airlift capabilities required 
     to support the national defense strategy.
       (2) Additional information.--In including the assessment 
     required by paragraph (1) in the quadrennial defense review 
     as required by that paragraph, the Secretary shall explain 
     how the recommendations for future airlift force structure 
     requirements in that quadrennial defense review take into 
     account the following:
       (A) The increased airlift demands associated with the Army 
     modular brigade combat teams.
       (B) The objective to deliver a brigade combat team anywhere 
     in the world within four to seven days, a division within 10 
     days, and multiple divisions within 20 days.
       (C) The increased airlift demands associated with the 
     expanded scope of operational activities of the Special 
     Operations forces.
       (D) The realignment of the overseas basing structure in 
     accordance with the Integrated Presence and Basing Strategy.

[[Page S12621]]

       (E) Adjustments in the force structure to meet homeland 
     defense requirements.
       (F) The potential for simultaneous homeland defense 
     activities and major combat operations.
       (G) Potential changes in requirements for intra-theater 
     airlift or sealift capabilities.
       (d) Maintenance of C-17 Aircraft Production Line.--In the 
     event the Secretary of Defense is unable to make the 
     certification specified in subsection (b), the Secretary of 
     the Air Force should procure sufficient C-17 aircraft to 
     maintain the C-17 aircraft production line at not less than 
     the minimum sustaining rate until sufficient flight test data 
     regarding improved C-5 aircraft mission capability rates as a 
     result of the Reliability Enhancement and Re-engining Program 
     and Avionics Modernization Program have been obtained to 
     determine the validity of assumptions concerning the C-5 
     aircraft used in the Mobility Capabilities Study.
                                 ______
                                 
  SA 2478. Mr. LAUTENBERG 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 286, strike lines 1 through 3, and insert the 
     following:

     SEC. 1072. IMPROVEMENTS OF INTERNAL SECURITY ACT OF 1950.

       (a) Prohibition on Holding of Security Clearance After 
     Certain Violations on Handling of Classified Information.--
       (1) Prohibition.--Section 4 of the Internal Security Act of 
     1950 (50 U.S.C. 783) is amended by adding at the end the 
     following new subsection:
       ``(f) No person who knowingly violates a law or regulation 
     regarding the handling of classified information in a manner 
     that could have a significant adverse impact on the national 
     security of the United States, including the knowing 
     disclosure of the identity of a covert agent of the Central 
     Intelligence Agency to a person not authorized to receive 
     such information, shall be permitted to hold a security 
     clearance for access to classified information.''.
       (2) Applicability.--Subsection (f) of section 4 of the 
     Internal Security Act of 1950, as added by paragraph (1), 
     shall apply to any individual holding a security clearance on 
     or after the date of the enactment of this Act with respect 
     to any knowing violation of law or regulation described in 
     such subsection, regardless of whether such violation occurs 
     before, on, or after that date.
       (b) Clarification of Authority To Issue Security 
     Regulations and Orders.--
                                 ______
                                 
  SA 2479. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2445 submitted by Mr. Brownback (for himself, 
Mr. Inhofe, and Mr. DeMint) and intended to be 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; which was ordered to lie on the table; as follows:

       On page 3 of the amendment, strike lines 3 through 17, and 
     insert the following:
       ``(D) it is necessary to preserve the life or health of the 
     minor.''.
                                 ______
                                 
  SA 2480. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2475 submitted by Mr. Brownback (for himself, 
Mr. Coburn, Mr. DeMint, Mr. Inhofe, Mr. Sessions, and Mr. Talent) and 
intended to be 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; which was ordered to lie on the table; as follows:

       On page 3 of the amendment, strike lines 3 through 17, and 
     insert the following:
       ``(D) it is necessary to preserve the life or health of the 
     minor.''.
                                 ______
                                 
  SA 2481. Mr. SALAZAR (for himself, Mr. Lautenberg, Mr. Reed, Mr. 
Durbin, and Mr. Kyl) 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 
construciton, 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. SENSE OF SENATE ON COMMON REMOTELY OPERATED 
                   WEAPONS STATION (CROWS) PLATFORM.

       (a) Findings.--The Senate makes the following findings:
       (1) With only a few systems deployed, the Common Remotely 
     Operated Weapons Station (CROWS) platform is already saving 
     the lives of soldiers today in Iraq by moving soldiers out of 
     the exposed gunner's seat and into the protective shell of an 
     up-armored Humvee.
       (2) The Common Remotely Operated Weapons Station platform 
     dramatically improves battlefield awareness by providing a 
     laser rangefinder, night vision, telescopic vision, a fire 
     control computer that allows on-the-move target acquisition, 
     and one-shot one-kill accuracy at the maximum range of a 
     weapon.
       (3) As they become available, new technologies can be 
     incorporated into the Common Remotely Operated Weapons 
     Station platform, thus making the platform scalable.
       (4) The Army has indicated that an additional $206,000,000 
     will be required in fiscal year 2006 to procure 750 Common 
     Remotely Operated Weapons Station units for the Armed Forces, 
     and to prepare for future production of such weapons 
     stations.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the President should include in the next request submitted to 
     Congress for supplemental funding for military operations in 
     Iraq and Afghanistan sufficient funds for the production in 
     fiscal year 2006 of a number of Common Remotely Operated 
     Weapons Station units that is adequate to meet the 
     requirements of the Armed Forces.
                                 ______
                                 
  SA 2482. 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 Deparment 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. STUDY AND REPORTS ON CIVILIAN AND MILITARY 
                   PARTNERSHIP PROJECT.

       (a) Study.--The Secretary of the Air Force shall conduct a 
     study on the progress and success of the implementation of 
     the military and civilian partnership project.
       (b) Reports.--
       (1) Interim report.--Not later than March 1, 2006, the 
     Secretary of the Air Force shall submit to the appropriate 
     congressional committees an interim report on the 
     implementation of the military and civilian partnership 
     project. The interim report shall specifically describe any 
     issues that require action by Congress in order to fully 
     implement such project.
       (2) Final report.--Not later than December 31, 2006, the 
     Secretary of the Air Force shall submit to the appropriate 
     congressional committees a final report on the study required 
     by subsection (a), including an assessment of the progress 
     and success of the implementation of the military and 
     civilian partnership project.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives.
       (2) Military and civilian partnership project.--The term 
     ``military and civilian partnership project'' means the 
     military and civilian partnership project described in the 
     Centennial Memorandum of Agreement of December 17, 2003, and 
     carried out at the Wright-Patterson Air Force Base.
                                 ______
                                 
  SA 2483. Mr. DURBIN (for Mr. Bayh (for himself, Mr. Durbin, and Ms. 
Landrieu)) 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 VI, add the following:

     SEC. __. INCOME REPLACEMENT PAYMENTS FOR RESERVES 
                   EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION 
                   FOR ACTIVE DUTY SERVICE.

       (a) In General.--Chapter 19 of title 37, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 910. Replacement of lost income: involuntarily 
       mobilized reserve component members subject to extended and 
       frequent active duty service

       ``(a) Payment Required.--The Secretary concerned shall pay 
     to an eligible member of a reserve component of the armed 
     forces an amount equal to the monthly active-duty income 
     differential of the member, as determined by the Secretary. 
     The payments shall be made on a monthly basis.
       ``(b) Eligibility.--Subject to subsection (c), a reserve 
     component member is entitled

[[Page S12622]]

     to a payment under this section for any full month of active 
     duty of the member, while on active duty under an involuntary 
     mobilization order, following the date on which the member--
       ``(1) completes 180 continuous days of service on active 
     duty under such an order;
       ``(2) completes 24 months on active duty during the 
     previous 60 months under such an order; or
       ``(3) is involuntarily mobilized for service on active duty 
     six months or less following the member's separation from the 
     member's previous period of active duty.
       ``(c) Minimum and Maximum Payment Amounts.--(1) A payment 
     under this section shall be made to a member for a month only 
     if the amount of the monthly active-duty income differential 
     for the month is greater than $50.
       ``(2) Notwithstanding the amount determined under 
     subsection (d) for a member for a month, the monthly payment 
     to a member under this section may not exceed $3,000.
       ``(d) Monthly Active-Duty Income Differential.--For 
     purposes of this section, the monthly active-duty income 
     differential of a member is the difference between--
       ``(1) the average monthly civilian income of the member; 
     and
       ``(2) the member's total monthly military compensation.
       ``(e) Definitions.--In this section:
       ``(1) The term `average monthly civilian income', with 
     respect to a member of a reserve component, means the amount, 
     determined by the Secretary concerned, of the earned income 
     of the member for either the 12 months preceding the member's 
     mobilization or the 12 months covered by the member's most 
     recent Federal income tax filing, divided by 12.
       ``(2) The term `total monthly military compensation' means 
     the amount, computed on a monthly basis, of the sum of--
       ``(A) the amount of the regular military compensation (RMC) 
     of the member; and
       ``(B) any amount of special pay or incentive pay and any 
     allowance (other than an allowance included in regular 
     military compensation) that is paid to the member on a 
     monthly basis.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``910. Replacement of lost income: involuntarily mobilized reserve 
              component members subject to extended and frequent active 
              duty service.''.

       (c) Effective Date.--Section 910 of title 37, United States 
     Code, as added by subsection (a), shall apply for months 
     after December 2005.
       (d) Limitation on Fiscal Year 2006 Obligations.--During 
     fiscal year 2006, obligations incurred under section 910 of 
     title 37, United States Code, to provide income replacement 
     payments to involuntarily mobilized members of a reserve 
     component who are subject to extended and frequent active 
     duty service may not exceed $60,000,000.
                                 ______
                                 
  SA 2484. Mr. WARNER (for Mr. Santorum) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED MANUFACTURING 
                   TECHNOLOGY.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation for the Army.--The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $1,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $1,000,000 may be available for Weapons and Ammunition 
     Technology (PE#602624A) for Warhead/Grenade Scientific Based 
     Manufacturing Technology.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance, Air Force 
     activities is hereby reduced by $1,000,000.
                                 ______
                                 
  SA 2485. Mr. WARNER (for Mr. Akaka) 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 286, between lines 7 and 8, insert the following:

     SEC. 1073. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE 
                   COORDINATION COUNCIL.

       (a) Establishment.--There is established the National 
     Foreign Language Coordination Council (in this section 
     referred to as the ``Council''), which shall be an 
     independent establishment as defined under section 104 of 
     title 5, United States Code.
       (b) Membership.--The Council shall consist of the following 
     members or their designees:
       (1) The National Language Director, who shall serve as the 
     chairperson of the Council.
       (2) The Secretary of Education.
       (3) The Secretary of Defense.
       (4) The Secretary of State.
       (5) The Secretary of Homeland Security.
       (6) The Attorney General.
       (7) The Director of National Intelligence.
       (8) The Secretary of Labor.
       (9) The Director of the Office of Personnel Management.
       (10) The Director of the Office of Management and Budget.
       (11) The Secretary of Commerce.
       (12) The Secretary of Health and Human Services.
       (13) The Secretary of the Treasury.
       (14) The Secretary of Housing and Urban Development.
       (15) The Secretary of Agriculture.
       (16) The heads of such other Federal agencies as the 
     Council considers appropriate.
       (c) Responsibilities.--
       (1) In general.--The Council shall be charged with--
       (A) developing a national foreign language strategy, within 
     18 months of the date of enactment of this section, in 
     consultation with--
       (i) State and local government agencies;
       (ii) academic sector institutions;
       (iii) foreign language related interest groups;
       (iv) business associations;
       (v) industry; and
       (vi) heritage associations;
       (B) conducting a survey of Federal agency needs for foreign 
     language area expertise; and
       (C) overseeing the implementation of such strategy 
     through--
       (i) execution of subsequent law; and
       (ii) the promulgation and enforcement of rules and 
     regulations.
       (2) Strategy content.--The strategy developed under 
     paragraph (1) shall include--
       (A) identification of crucial priorities across all 
     sectors;
       (B) identification and evaluation of Federal foreign 
     language programs and activities, including--
       (i) recommendations on coordination;
       (ii) program enhancements; and
       (iii) allocation of resources so as to maximize use of 
     resources;
       (C) needed national policies and corresponding legislative 
     and regulatory actions in support of, and allocation of 
     designated resources to, promising programs and initiatives 
     at all levels (Federal, State, and local), especially in the 
     less commonly taught languages that are seen as critical for 
     national security and global competitiveness in the next 20 
     to 50 years;
       (D) effective ways to increase public awareness of the need 
     for foreign language skills and career paths in all sectors 
     that can employ those skills, with the objective of 
     increasing support for foreign language study among--
       (i) Federal, State, and local leaders;
       (ii) students;
       (iii) parents;
       (iv) elementary, secondary, and postsecondary educational 
     institutions; and
       (v) potential employers;
       (E) incentives for related educational programs, including 
     foreign language teacher training;
       (F) coordination of cross-sector efforts, including public-
     private partnerships;
       (G) coordination initiatives to develop a strategic posture 
     for language research and recommendations for funding for 
     applied foreign language research into issues of national 
     concern;
       (H) assistance for--
       (i) the development of foreign language achievement 
     standards; and
       (ii) corresponding assessments for the elementary, 
     secondary, and postsecondary education levels, including the 
     National Assessment of Educational Progress in foreign 
     languages;
       (I) development of --
       (i) language skill-level certification standards;
       (ii) an ideal course of pre-service and professional 
     development study for those who teach foreign language;
       (iii) suggested graduation criteria for foreign language 
     studies and appropriate non-language studies, such as--

       (I) international business;
       (II) national security;
       (III) public administration;
       (IV) health care;
       (V) engineering;
       (VI) law;
       (VII) journalism; and
       (VIII) sciences; and

       (J) identification of and means for replicating best 
     practices at all levels and in all sectors, including best 
     practices from the international community.
       (d) Meetings.--The Council may hold such meetings, and sit 
     and act at such times and places, as the Council considers 
     appropriate, but shall meet in formal session at least 2 
     times a year. State and local government agencies and other 
     organizations (such as academic sector institutions, foreign 
     language-related interest groups, business associations, 
     industry, and heritage community organizations) shall be 
     invited, as appropriate, to public meetings of the Council at 
     least once a year.
       (e) Staff.--
       (1) In general.--The Director may appoint and fix the 
     compensation of such additional

[[Page S12623]]

     personnel as the Director considers necessary to carry out 
     the duties of the Council.
       (2) Details from other agencies.--Upon request of the 
     Council, the head of any Federal agency may detail, on a 
     reimbursable basis, any of the personnel of such agency to 
     the Council.
       (3) Experts and consultants.--With the approval of the 
     Council, the Director may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code.
       (f) Powers.--
       (1) Delegation.--Any member or employee of the Council may, 
     if authorized by the Council, take any action that the 
     Council is authorized to take in this section.
       (2) Information.--The Council may secure directly from any 
     Federal agency such information, consistent with Federal 
     privacy laws, the Council considers necessary to carry out 
     its responsibilities. Upon request of the Director, the head 
     of such agency shall furnish such information to the Council.
       (3) Donations.--The Council may accept, use, and dispose of 
     gifts or donations of services or property.
       (4) Mail.--The Council may use the United States mail in 
     the same manner and under the same conditions as other 
     Federal agencies.
       (g) Conferences, Newsletter, and Website.--In carrying out 
     this section, the Council--
       (1) may arrange Federal, regional, State, and local 
     conferences for the purpose of developing and coordinating 
     effective programs and activities to improve foreign language 
     education;
       (2) may publish a newsletter concerning Federal, State, and 
     local programs that are effectively meeting the foreign 
     language needs of the nation; and
       (3) shall create and maintain a website containing 
     information on the Council and its activities, best practices 
     on language education, and other relevant information.
       (h) Reports.--Not later than 90 days after the date of 
     enactment of this section, and annually thereafter, the 
     Council shall prepare and transmit to the President and 
     Congress a report that describes the activities of the 
     Council and the efforts of the Council to improve foreign 
     language education and training and impediments, including 
     any statutory and regulatory restrictions, to the use of each 
     such program.
       (i) Establishment of a National Language Director.--
       (1) In general.--There is established a National Language 
     Director who shall be appointed by the President. The 
     National Language Director shall be a nationally recognized 
     individual with credentials and abilities across all of the 
     sectors to be involved with creating and implementing long-
     term solutions to achieving national foreign language and 
     cultural competency.
       (2) Responsibilities.--The National Language Director 
     shall--
       (A) develop and oversee the implementation of a national 
     foreign language strategy across all sectors;
       (B) establish formal relationships among the major 
     stakeholders in meeting the needs of the Nation for improved 
     capabilities in foreign languages and cultural understanding, 
     including Federal, State, and local government agencies, 
     academia, industry, labor, and heritage communities; and
       (C) coordinate and lead a public information campaign that 
     raises awareness of public and private sector careers 
     requiring foreign language skills and cultural understanding, 
     with the objective of increasing interest in and support for 
     the study of foreign languages among national leaders, the 
     business community, local officials, parents, and 
     individuals.
       (3) Compensation.--The National Language Director shall be 
     paid at a rate of pay payable for a position at level V of 
     the Executive Schedule under section 5316 of title 5, United 
     States Code.
       (j) Encouragement of State Involvement.--
       (1) State contact persons.--The Council shall consult with 
     each State to provide for the designation by each State of an 
     individual to serve as a State contact person for the purpose 
     of receiving and disseminating information and communications 
     received from the Council.
       (2) State interagency councils and lead agencies.--Each 
     State is encouraged to establish a State interagency council 
     on foreign language coordination or designate a lead agency 
     for the State for the purpose of assuming primary 
     responsibility for coordinating and interacting with the 
     Council and State and local government agencies as necessary.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out this 
     section.
                                 ______
                                 
  SA 2486. Mr. WARNER (for Mr. Ensign) 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 III, add the following:

     SEC. 330. POINT OF MAINTENANCE/ARSENAL/DEPOT AIT INITIATIVE.

       (a) 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 $10,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 301(1) for operation and maintenance 
     for the Army, as increased by subsection (a), $16,000,000 may 
     be available for the Point of Maintenance/Arsenal/Depot AIT 
     (AD-AIT) Initiative.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) is hereby reduced by $10,000,000 to be derived 
     from amounts authorized to be appropriated by that section 
     for the Air Force.
                                 ______
                                 
  SA 2487. Mr. WARNER (for Mr. Ensign) 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 III, add the following:

     SEC. 330. LONG ARM HIGH-INTENSITY ARC METAL HALIDE HANDHELD 
                   SEARCHLIGHT.

       (a) 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 $4,500,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 301(1) for operation and maintenance 
     for the Army, as increased by subsection (a), $4,500,000 may 
     be available for the Long Arm High-Intensity Arc Metal Halide 
     Handheld Searchlight.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) is hereby reduced by $4,500,000, with the 
     amount of the reduction to be derived from amounts authorized 
     to be appropriated by that section for the Air Force.
                                 ______
                                 
  SA 2488. Mr. WARNER (for Mr. Coleman) 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 92, after line 25, add the following:

     SEC. 538. PROMOTION OF FOREIGN LANGUAGE SKILLS AMONG MEMBERS 
                   OF THE RESERVE OFFICERS' TRAINING CORPS.

       (a) In General.--The Secretary of Defense shall support the 
     acquisition of foreign language skills among cadets and 
     midshipmen in the Reserve Officers' Training Corps, including 
     through the development and implementation of--
       (1) incentives for cadets and midshipmen to participate in 
     study of a foreign language, including special emphasis for 
     Arabic, Chinese, and other ``strategic languages'', as 
     defined by the Secretary of Defense in consultation with 
     other relevant agencies; and
       (2) a recruiting strategy to target foreign language 
     speakers, including members of heritage communities, to 
     participate in the Reserve Officers' Training Corps.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the congressional defense committees a report on the 
     actions taken to carry out this section.
                                 ______
                                 
  SA 2489. Mr. WARNER (for Mr. Bingaman (for himself 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:

       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) is hereby reduced by $3,000,000.
                                 ______
                                 
  SA 2490. Mr. WARNER (for Mr. Salazar) proposed an amendment to

[[Page S12624]]

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 III, add the following:

     SEC. __. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN PARALYMPIC 
                   SPORTING EVENTS.

       (a) Provision of Support.--Subsection (c) of section 2564 
     of title 10, United States Code, is amended by adding at the 
     end the following new paragraphs:
       ``(4) A sporting event sanctioned by the United States 
     Olympic Committee through the Paralympic Military Program.
       ``(5) A national or international Paralympic sporting event 
     (other than one covered by paragraph (3) or (4))--
       ``(A) which is--
       ``(i) held in the United States or any of its territories 
     or commonwealths;
       ``(ii) governed by the International Paralympic Committee; 
     and
       ``(iii) sanctioned by the United States Olympic Committee; 
     and
       ``(B) for which participation exceeds 100 amateur 
     athletes.''.
       (b) Funding and Limitations.--Such section is further 
     amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Funding for Support of Certain Events.--(1) Funds to 
     provide support for a sporting event described in paragraph 
     (4) or (5) of subsection (c) shall be derived from the 
     Support for International Sporting Competitions, Defense 
     account established by section 5802 of Public Law 104-208 
     (110 Stat. 3009-522), notwithstanding any limitation in such 
     section relating to the availability of funds in such account 
     for support of international sporting competitions.
       ``(2) The total amount that may be expended in any fiscal 
     year to provide support for a sporting event described in 
     paragraph (5) of subsection (c) may not exceed $1,000,000.''.
                                 ______
                                 
  SA 2491. 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 E of title II, add the following:

     SEC. 244. DELAYED EFFECTIVE DATE FOR LIMITATION ON 
                   PROCUREMENT OF SYSTEMS NOT GPS-EQUIPPED.

       (a) Delayed Effective Date.--Section 152(b) of the National 
     Defense Authorization Act for Fiscal Year 1994 (Public Law 
     103-160; 107 Stat. 1578), as amended by section 218(e) of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (Public Law 105-261; 112 Stat. 1952; 10 U.S.C. 2281 
     note), is further amended by striking ``2005'' and inserting 
     ``2007''.
       (b) Ratification of Actions.--Any obligation or expenditure 
     of funds by the Department of Defense during the period 
     beginning on October 1, 2005, and ending on the date of the 
     enactment of this Act to modify or procure a Department of 
     Defense aircraft, ship, armored vehicle, or indirect-fire 
     weapon system that is not equipped with a Global Positioning 
     System receiver is hereby ratified.
                                 ______
                                 
  SA 2492. Mr. WARNER (for Mr. Kennedy (for himself, Ms. Collins, Mr. 
Roberts, Mr. Santorum, Ms. Mikulski, Mr. Lieberman, Mr. Alexander, Mrs. 
Clinton, Mrs. Dole, Ms. Snowe, Mr. Bingaman, Mr. Reed, and Mr. 
Sessions)) proposed an amendment to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS.

       (a) Army Programs.--(1) The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $10,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(1) for research, development, test, and evaluation for 
     the Army, as increased by paragraph (1), $10,000,000 may be 
     available for Program Element 0601103A for University 
     Research Initiatives.
       (b) Navy Programs.--(1) The amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy is hereby increased by 
     $5,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(2) for research, development, test, and evaluation for 
     the Navy, as increased by paragraph (1), $5,000,000 may be 
     available for Program Element 0601103N for University 
     Research Initiatives.
       (c) Air Force Programs.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $10,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(3) for research, development, test, and evaluation for 
     the Air Force, as increased by paragraph (1), $10,000,000 may 
     be available for Program Element 0601103F for University 
     Research Initiatives.
       (d) Defense-Wide Activities.--(1) The amount authorized to 
     be appropriated by section 201(4) for research, development, 
     test, and evaluation for Defense-wide activities is hereby 
     increased by $15,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation for 
     Defense-wide activities, as increased by paragraph (1)--
       (A) $10,000,000 may be available for Program Element 
     0601120D8Z for the SMART National Defense Education Program; 
     and
       (B) $5,000,000 may be available for Program Element 
     0601101E for the Defense Advanced Research Projects Agency 
     University Research Program in Computer Science and 
     Cybersecurity.
       (e) Offsets.--(1) The amount authorized to be appropriated 
     by section 301(4), operation and maintenance, Navy, is hereby 
     reduced by $40,000,000.
                                 ______
                                 
  SA 2493. Mr. WARNER proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 96, strike lines 19 and 20 and insert the 
     following:
       ``(2) Military legal assistance may be provided only by a 
     judge advocate or a civilian attorney who is a member of the 
     bar of a Federal court or of the highest court of a State.
       ``(3) In this subsection, the term `military legal 
     assistance' includes--
                                 ______
                                 
  SA 2494. Mr. WARNER (for Mr. Byrd) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 653. EDUCATION LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN 
                   THE SELECTED RESERVE.

       (a) In General.--Chapter 1609 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 16303. Education loan repayment program: chaplains 
       serving in the Selected Reserve

       ``(a) Authority To Repay Education Loans.--Under 
     regulations prescribed by the Secretary of Defense and 
     subject to the provisions of this section, the Secretary 
     concerned may, for purposes of maintaining adequate numbers 
     of chaplains in the Selected Reserve, repay a loan that--
       ``(1) was used by a person described in subsection (b) to 
     finance education resulting in a Masters of Divinity degree; 
     and
       ``(2) was obtained from an accredited theological seminary 
     as listed in the Association of Theological Schools (ATS) 
     handbook.
       ``(b) Eligible Persons.--(1) Except as provided in 
     paragraph (2), a person described in this subsection is a 
     person who--
       ``(A) satisfies the requirements specified in subsection 
     (c);
       ``(B) holds, or is fully qualified for, an appointment as a 
     chaplain in a reserve component of an armed force; and
       ``(C) signs a written agreement to serve not less than 
     three years in the Selected Reserve.
       ``(2) A person accessioned into the Chaplain Candidate 
     Program is not eligible for the repayment of loans under 
     subsection (a).
       ``(c) Academic and Professional Requirements.--The 
     requirements specified in this subsection are such 
     requirements for accessioning and commissioning of chaplains 
     as are prescribed by the Secretary concerned in regulations.
       ``(d) Loan Repayment.--(1) Subject to paragraph (2), the 
     repayment of a loan under this section may consist of payment 
     of the principal, interest, and related expenses of such 
     loan.
       ``(2) The amount of any repayment of a loan made under this 
     section on behalf of a person may not exceed $20,000 for each 
     three year period of obligated service that the person agrees 
     to serve in an agreement described in subsection (b)(3). Of 
     such amount, not more than an amount equal to 50 percent of 
     such amount may be paid before the completion by the person 
     of the first year of obligated service pursuant to such 
     agreement. The balance of such amount shall be payable

[[Page S12625]]

     at such time or times as are prescribed by the Secretary 
     concerned in regulations.
       ``(e) Effect of Failure To Complete Obligation.--A person 
     on behalf of whom repayment of a loan is made under this 
     section who fails, during the period of obligated service the 
     person agrees to serve in an agreement described in 
     subsection (b)(3), to serve satisfactorily in the Selected 
     Reserve may, at the election of the Secretary concerned, be 
     required to pay the United States an amount equal to any 
     amount of repayments made on behalf of the person in 
     connection with the agreement.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1609 of such title is amended by adding 
     at the end the following new item:

``16303. Education loan repayment program: chaplains serving in the 
              Selected Reserve.''.
                                 ______
                                 
  SA 2495. Mr. WARNER (for Mr. Dodd (for himself and Mr. Kennedy)) 
submitted an amendment intended to be proposed by Mr. Warner 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 F of title V, add the following:

     SEC. 573. NATIONAL CALL TO SERVICE PROGRAM.

       (a) Limitation to Domestic National Service Programs.--
     Subsection (c)(3)(D) of section 510 of title 10, United 
     States Code, is amended by striking ``in the Peace Corps, 
     Americorps, or another national service program'' and 
     inserting ``in Americorps or another domestic national 
     service program''.
       (b) Administration of Education Incentives by Secretary of 
     Veterans Affairs.--Paragraph (2) of subsection (h) of such 
     section is amended to read as follows:
       ``(2)(A) Educational assistance under paragraphs (3) or (4) 
     of subsection (e) shall be provided through the Department of 
     Veterans Affairs under an agreement to be entered into by the 
     Secretary of Defense and the Secretary of Veterans Affairs. 
     The agreements shall include administrative procedures to 
     ensure the prompt and timely transfer of funds from the 
     Secretary concerned to the Secretary of Veterans Affairs for 
     the making of payments under this section.
       ``(B) Except as otherwise provided in this section, the 
     provisions of sections 503, 511, 3470, 3471, 3474, 3476, 
     3482(g), 3483, and 3485 of title 38 and the provisions of 
     subchapters I and II of chapter 36 of such title (with the 
     exception of sections 3686(a), 3687, and 3692) shall be 
     applicable to the provision of educational assistance under 
     this chapter. The term `eligible veteran' and the term 
     `person', as used in those provisions, shall be deemed for 
     the purpose of the application of those provisions to this 
     section to refer to a person eligible for educational 
     assistance under paragraph (3) or (4) of subsection (e).''.
                                 ______
                                 
  SA 2496. Mr. WARNER (for Mr. Santorum) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 522. RECRUITMENT AND ENLISTMENT OF HOME SCHOOLED 
                   STUDENTS IN THE ARMED FORCES.

       (a) Policy on Recruitment and Enlistment.--
       (1) Policy required.--The Secretary of Defense shall 
     prescribe a policy on the recruitment and enlistment of home 
     schooled students in the Armed Forces.
       (2) Uniformity across the armed forces.--The Secretary 
     shall ensure that the policy prescribed under paragraph (1) 
     applies, to the extent practicable, uniformly across the 
     Armed Forces.
       (b) Elements.--The policy under subsection (a) shall 
     include the following:
       (1) An identification of a graduate of home schooling for 
     purposes of recruitment and enlistment in the Armed Forces 
     that is in accordance with the requirements described in 
     subsection (c).
       (2) Provision for the treatment of graduates of home 
     schooling with no practical limit with regard to enlistment 
     eligibility.
       (3) An exemption of graduates of home schooling from the 
     requirement for a secondary school diploma or an equivalent 
     (GED) as a precondition for enlistment in the Armed Forces.
       (c) Home School Graduates.--In prescribing the policy, the 
     Secretary of Defense shall prescribe a single set of criteria 
     to be utilized by the Armed Forces in determining whether an 
     individual is a graduate of home schooling. The Secretary 
     concerned shall ensure compliance with education credential 
     coding requirements.
       (d) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' has the meaning given such term in 
     section 101(a)(9) of title 10, United States Code.
                                 ______
                                 
  SA 2497. Mr. WARNER (for Mr. Kerry) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 213. 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 may be 
     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 301(4) is hereby reduced by $10,000,000.
                                 ______
                                 
  SA 2498. Mr. WARNER (for 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 B of title II, add the following:

     SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICATIONS.

       (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 $5,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for Research, Development, 
     Test, and Evaluation for the Army, as increased by subsection 
     (a), $5,000,000 may be available for Medium Tactical Vehicle 
     Modifications.
       (c) Offset.--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 2499. Mr. WARNER proposed an amendment to amendment SA 1396 
proposed by Mr. Warner (for Mr. Stevens) 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 2, line 16, strike ``$3,008,982,000'' and insert 
     ``$3,108,982,000''.
                                 ______
                                 
  SA 2500. 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 E of title VIII, add the following:

     SEC. 846. REPORTS OF ADVISORY PANEL ON LAWS AND REGULATIONS 
                   ON ACQUISITION PRACTICES.

       (a) Extension of Final Report.--Section 1423(d) of the 
     Services Acquisition Reform Act of 2003 (title XIV of Public 
     Law 108-136; 117 Stat. 1669; 41 U.S.C. 405 note) is amended 
     by striking ``one year'' and inserting ``two years''.
       (b) Requirement for Interim Report.--That section is 
     further amended--
       (1) by inserting ``(1)'' before ``Not later than''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Not later than one year after the date of the 
     establishment of the panel, the panel shall submit to the 
     official and committees referred to in paragraph (1) an 
     interim report on the matters set forth in that paragraph.''.
                                 ______
                                 
  SA 2501. Mr. WARNER (for Mr. Nelson of Florida) 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 appropriate place, insert the following:
       (a) Findings.--
       (1) According to the Department of State, drug trafficking 
     organizations shipped approximately nine tons of cocaine to 
     the United States through the Dominican Republic in 2004, and 
     are increasingly using small, high-speed watercraft.

[[Page S12626]]

       (2) Drug traffickers use the Caribbean corridor to smuggle 
     narcotics to the United States via Puerto Rico and the 
     Dominican Republic. This route is ideal for drug trafficking 
     because of its geographic expanse, numerous law enforcement 
     jurisdictions and fragmented investigative efforts.
       (3) The tethered aerostat system in Lajas, Puerto Rico 
     contributes to deterring and detecting smugglers moving 
     illicit drugs into Puerto Rico. The aerostat's range and 
     operational capabilities allow it to provide surveillance 
     coverage of the eastern Caribbean corridor and the strategic 
     waterway between Puerto Rico and the Dominican Republic, 
     known as the Mona Passage.
       (4) Including maritime radar on the Lajas aerostat will 
     expand its ability to detect suspicious vessels in the 
     eastern Caribbean corridor.
       (b) Sense of the Senate.--Given the above findings, it is 
     the Sense of the Senate that--
       (1) Congress and the Department of Defense fully fund the 
     Counter-Drug Tethered Aerostat program.
       (2) Department of Defense install maritime radar on the 
     Lajas, Puerto Rico aerostat.
                                 ______
                                 
  SA 2502. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1042, to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 244. DESIGNATION OF FACILITIES AND RESOURCES 
                   CONSTITUTING THE MAJOR RANGE AND TEST FACILITY 
                   BASE.

       (a) Department of Defense Test Resource Management 
     Center.--Section 196(h) of title 10, United States Code, is 
     amended by striking ``Director of Operational Test and 
     Evaluation'' and inserting ``Secretary of Defense''.
       (b) Institutional Funding of Test and Evaluation 
     Activities.--Section 232(b)(1) of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003 (Public Law 
     107-314; 116 Stat. 2490) is amended by striking ``Director of 
     Operational Test and Evaluation'' and inserting ``Secretary 
     of Defense''.
                                 ______
                                 
  SA 2503. Mr. WARNER (for Mr. Allard (for himself and Mr. Salazar)) 
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 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 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 (2), 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

[[Page S12627]]

     for fiscal year 2006, $10,000,000 may be made available to 
     the Secretary for the purposes described in subsection (b).
                                 ______
                                 
  SA 2504. Mr. WARNER (for Mr. Roberts) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 213. AGING MILITARY AIRCRAFT FLEET SUPPORT.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation for the 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 
     $4,000,000.
       (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), $4,000,000 may be available for Program 
     Element #63112F for Aging Military Aircraft Fleet Support.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for Air Force 
     activities is hereby reduced by $4,000,000.
                                 ______
                                 
  SA 2505. Mr. WARNER (for Mr. Inouye) 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 V, add the following:

     SEC. 537. ELIGIBILITY OF UNITED STATES NATIONALS FOR 
                   APPOINTMENT TO THE SENIOR RESERVE OFFICERS' 
                   TRAINING CORPS.

       (a) In General.--Section 2107(b)(1) of title 10, United 
     States Code, is amended by inserting ``or national'' after 
     ``citizen''.
       (b) Army Reserve Officers Training Programs.--Section 
     2107a(b)(1)(A) of such title is amended by inserting ``or 
     national'' after ``citizen''.
       (c) Eligibility for Appointment as Commissioned Officers.--
     Section 532(f) of such title is amended by inserting ``, or 
     for a United States national otherwise eligible for 
     appointment as a cadet or midshipman under section 2107(a) of 
     this title or as a cadet under section 2107a of this title,'' 
     after ``for permanent residence''.
                                 ______
                                 
  SA 2506. Mr. WARNER (for Mrs. Hutchison (for herself, Mr. Voinovich, 
and Mr. Nelson of Florida)) proposed an amendment to the bill S. 1042, 
to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 244. REPORT ON COOPERATION BETWEEN THE DEPARTMENT OF 
                   DEFENSE AND THE NATIONAL AERONAUTICS AND SPACE 
                   ADMINISTRATION ON RESEARCH, DEVELOPMENT, TEST, 
                   AND EVALUATION ACTIVITIES.

       (a) Report Required.--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 cooperative activities between the 
     Department of Defense and the National Aeronautics and Space 
     Administration related to research, development, test, and 
     evaluation on areas of mutual interest to the Department and 
     the Administration.
       (b) Areas Covered.--The areas of mutual interest to the 
     Department of Defense and the National Aeronautics and Space 
     Administration referred to in subsection (a) may include, but 
     not be limited to, areas relating to the following:
       (1) Aeronautics research.
       (2) Facilities, personnel, and support infrastructure.
       (3) Propulsion and power technologies.
       (4) Space access and operations.

                          ____________________