[Congressional Record Volume 151, Number 149 (Thursday, November 10, 2005)]
[Senate]
[Pages S12696-S12702]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2507. Mr. KERRY (for himself, Mr. Reid, Mr. Biden, and Mr. Dayton) 
proposed an amendment to the bill S. 1042, to authorize appropriations 
for fiscal year 2006 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes: as follows:

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

     SEC. __. REPORTS ON CLANDESTINE DETENTION FACILITIES FOR 
                   INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON 
                   TERRORISM.

       (a) Secretary of Defense Report.--
       (1) Report required.--Not later than sixty days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a detailed report on 
     the knowledge of the Secretary, and of the personnel of the 
     Department of Defense, on whether or not there exists, or has 
     existed, any clandestine facility outside of United States 
     territory for the detention of individuals captured in the 
     global war on terrorism, whether operated by the United 
     States Government or at the request of the United States 
     Government.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) Whether or not the Secretary or any personnel of the 
     Department of Defense have affirmative knowledge that a 
     facility described in paragraph (1) exists.
       (B) If the Secretary or any such personnel have affirmative 
     knowledge that such a facility does exist--
       (i) the existence of such facility;
       (ii) any support provided by the Department of Defense to 
     any other department, agency, or element of the United States 
     Government, or any foreign government, for the establishment, 
     operation, or maintenance of such facility;
       (iii) the amount of funds obligated or expended by the 
     Department in furtherance of the establishment, operation, or 
     maintenance of such facility;
       (iv) whether the Department has transported individuals 
     captured in the global war on terrorism to or from such 
     facility, and if so--

       (I) the number of such individuals;
       (II) the date of transfer of each such individual to such 
     facility;
       (III) the place from which each such individual was so 
     transferred,: and
       (IV) the identity of the agency or authority in whose 
     custody each such individual was held before such transfer;

       (v) whether any detainee in such facility is expected to be 
     prosecuted by military commission or another system for 
     administering justice; and
       (vi) the interrogation procedures used on each individual 
     detained in such facility.
       (C) Whether or not the Department has ever held any 
     individual captured in the global war on terrorism at a 
     facility controlled by the Department at the request of, or 
     in cooperation with, another department, agency, or element 
     of the United States Government, and for any such individual 
     so held, a detailed description of the circumstances 
     surrounding the detention of such individual and the 
     disposition, if any of such individual.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in classified form.
       (b) Director of National Intelligence Reports.--
       (1) Reports required.--Not later than 60 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall provide to each member of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a detailed report setting forth the nature 
     and cost of, and otherwise providing a full accounting on, 
     any clandestine prison or detention facility currently or 
     formerly operated by the United States Government, regardless 
     of location, where detainees in the global war on terrorism 
     are or were being held.
       (2) Elements.--The reports required by paragraph (1) shall 
     set forth, for each prison or facility covered by such 
     report, the following:
       (A) The location and size of such prison or facility.
       (B) If such prison or facility is no longer being operated 
     by the United States Government, the disposition of such 
     prison or facility.
       (C) The number of detainees currently held or formerly 
     held, as the case may be, at such prison or facility.
       (D) Any plans for the ultimate disposition of any detainees 
     currently held at such prison or facility.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at such prison or facility.

[[Page S12697]]

       (3) Form of reports.--The reports required by paragraph (1) 
     shall be submitted in classified form.
                                 ______
                                 
  SA 2508. Mrs. MURRAY 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 of the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11 of the amendment, strike lines 20 and 21.
                                 ______
                                 
  SA 2509. Mrs. MURRAY 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 of the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 10 of the amendment, line 23, strike 
     ``contraceptives'' and insert ``drugs or devices approved by 
     the Food and Drug Administration as contraceptives, or 
     generic equivalents approved as substitutable by the Food and 
     Drug Administration''.
                                 ______
                                 
  SA 2510. Mrs. MURRAY 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 of the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, strike all after the first word 
     and insert the following:

     __. 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);
       ``(D) it is necessary to preserve the life or health of the 
     minor; or
       ``(E) the pregnancy is the result of rape or incest.
       ``(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).
       ``(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,

[[Page S12698]]

     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) 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 drugs or devices approved by the Food and Drug 
     Administration as contraceptives, or generic equivalents 
     approved as substitutable by the Food and Drug 
     Administration.
       ``(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 `guardian' means a court-appointed guardian 
     of the person of the minor.
       ``(4) The term `physician' means an individual licensed to 
     practice medicine.
       ``(5) 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 2511. Mrs. MURRAY 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 11 of the amendment, strike lines 24 and 25.
                                 ______
                                 
  SA 2512. Mrs. MURRAY 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 11 of the amendment, line 2, strike 
     ``contraceptives'' and insert ``drugs or devices approved by 
     the Food and Drug Administration as contraceptives, or 
     generic equivalents approved as substitutable by the Food and 
     Drug Administration''.
                                 ______
                                 
  SA 2513. Mrs. MURRAY 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 2 of the amendment, strike all after the first word 
     and insert the following:

     __. 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);
       ``(D) it is necessary to preserve the life or health of the 
     minor; or
       ``(E) the pregnancy is the result of rape or incest.
       ``(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.

[[Page S12699]]

       ``(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).
       ``(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 drugs or devices approved by the Food and Drug 
     Administration as contraceptives, or generic equivalents 
     approved as substitutable by the Food and Drug 
     Administration.
       ``(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 `guardian' means a court-appointed guardian 
     of the person of the minor.
       ``(4) The term `physician' means an individual licensed to 
     practice medicine.
       ``(5) 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 2514. Mr. ROBERTS (for himself and Mr. Rockefeller) proposed an 
amendment to amendment SA 2507 proposed by Mr. Kerry (for himself, Mr. 
Reid, Mr. Biden, and Mr. Dayton) 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:

       In lieu of the language proposed to be inserted insert the 
     following:

     SEC. __. REPORT ON ALLEGED CLANDESTINE DETENTION FACILITIES 
                   FOR INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON 
                   TERRORISM.

       (a) In General.--The President shall ensure that the United 
     States Government continues to comply with the authorization, 
     reporting, and notification requirements of title V of the 
     National Security Act of 1947 (50 U.S.C. 413 et seq.).
       (b) Director of National Intelligence Report.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall provide to the members of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a detailed report setting forth the nature 
     and cost of, and otherwise providing a full accounting on, 
     any clandestine prison or detention facility currently or 
     formerly operated by the United States Government, regardless 
     of location, where detainees in the global war on terrorism 
     are or were being held.
       (2) Elements.--The report required by paragraph (1) shall 
     set forth, for each prison or facility, if any, covered by 
     such report, the following:
       (A) The location and size of such prison or facility.
       (B) If such prison or facility is no longer being operated 
     by the United States Government, the disposition of such 
     prison or facility.
       (C) The number of detainees currently held or formerly 
     held, as the case may be, at such prison or facility.
       (D) Any plans for the ultimate disposition of any detainees 
     currently held at such prison or facility.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at such prison or facility.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in classified form.
                                 ______
                                 
  SA 2515. Mr. GRAHAM (for himself, Mr. Kyl, Mr. Chambliss, and Mr. 
Cornyn) 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

[[Page S12700]]

for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. __. REVIEW OF STATUS OF DETAINEES.

       (a) Submittal of Procedures for Status Review of Detainees 
     at Guantanamo Bay, Cuba.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees, and to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives, a report setting forth the procedures of 
     the Combatant Status Review Tribunals and the noticed 
     Administrative Review Boards in operation at Guantanamo Bay, 
     Cuba, for determining the status of the detainees held at 
     Guantanamo Bay.
       (b) Procedures.--The procedures submitted to Congress 
     pursuant to subsection (a) shall, with respect to proceedings 
     beginning after the date of the submittal of such procedures 
     under that subsection, ensure that--
       (1) in making a determination of status of any detainee 
     under such procedures, a Combatant Status Review Tribunal or 
     Administrative Review Board may not consider statements 
     derived from persons that, as determined by such Tribunal or 
     Board, by the preponderance of the evidence, were obtained 
     with undue coercion; and
       (2) the Designated Civilian Official shall be an officer of 
     the United States Government whose appointment to office was 
     made by the President, by and with the advice and consent of 
     the Senate.
       (c) Report on Modification of Procedures.--The Secretary of 
     Defense shall submit to the committees of Congress referred 
     to in subsection (a) a report on any modification of the 
     procedures submitted under subsection (a) not later than 30 
     days before the date on which such modifications go into 
     effect.
       (d) Judicial Review of Detention of Enemy Combatants.--
       (1) In general.--Section 2241 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(e) No court, justice, or judge shall have jurisdiction 
     to hear or consider an application for a writ of habeas 
     corpus filed by or on behalf of an alien outside the United 
     States (as that term is defined in section 101(a)(38) of the 
     Immigration and Naturalization Act (8 U.S.C. 1101(a)(38)) who 
     is detained by the Department of Defense at Guantanamo Bay, 
     Cuba.''.
       (2) Certain decisions.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the United States Court of Appeals for the District of 
     Columbia Circuit shall have exclusive jurisdiction to 
     determine the validity of any decision of a Designated 
     Civilian Official described in subsection (b)(2) that an 
     alien is properly detained as an enemy combatant.
       (B) Limitation on claims.--The jurisdiction of the United 
     States Court of Appeals for the District of Columbia Circuit 
     under this paragraph shall be limited to claims brought by or 
     on behalf of an alien--
       (i) who is, at the time a request for review by such court 
     is filed, detained by the Department of Defense at Guantanamo 
     Bay, Cuba; and
       (ii) for whom a Combatant Status Review Tribunal has been 
     conducted, pursuant to applicable procedures specified by the 
     Secretary of Defense.
       (C) Scope of review.--The jurisdiction of the United States 
     Court of Appeals for the District of Columbia Circuit on any 
     claims with respect to an alien under this paragraph shall be 
     limited to the consideration of whether the status 
     determination of the Combatant Status Review Tribunal with 
     regard to such alien was consistent with the procedures and 
     standards specified by the Secretary of Defense for Combatant 
     Status Review Tribunals.
       (D) Termination on release from custody.--The jurisdiction 
     of the United States Court of Appeals for the District of 
     Columbia Circuit with respect to the claims of an alien under 
     this paragraph shall cease upon the release of such alien 
     from the custody of the Department of Defense.
       (3) Effective date.--The amendment made by paragraph (1) 
     shall apply to any application or other action that is 
     pending on or after the date of the enactment of this Act. 
     Paragraph (2) shall apply with respect to any claim regarding 
     a decision covered by that paragraph that is pending on or 
     after such date.
                                 ______
                                 
  SA 2516. Mr. GRAHAM (for himself, Mr. Kyl, and Mr. Chambliss) 
proposed an amendment to amendment SA 2515 proposed by Mr. Graham (for 
himself, Mr. Kyl, Mr. Chambliss, and Mr. Cornyn) 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 all after the word SEC.

     . __. REVIEW OF STATUS OF DETAINEES.

       (a) Submittal of Procedures for Status Review of Detainees 
     at Guantanamo Bay, Cuba.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees, and to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives, a report setting forth the procedures of 
     the Combatant Status Review Tribunals and the noticed 
     Administrative Review Boards in operation at Guantanamo Bay, 
     Cuba, for determining the status of the detainees held at 
     Guantanamo Bay.
       (b) Procedures.--The procedures submitted to Congress 
     pursuant to subsection (a) shall, with respect to proceedings 
     beginning after the date of the submittal of such procedures 
     under that subsection, ensure that--
       (1) in making a determination of status of any detainee 
     under such procedures, a Combatant Status Review Tribunal or 
     Administrative Review Board may not consider statements 
     derived from persons that, as determined by such Tribunal or 
     Board, by the preponderance of the evidence, were obtained 
     with undue coercion; and
       (2) the Designated Civilian Official shall be an officer of 
     the United States Government whose appointment to office was 
     made by the President, by and with the advice and consent of 
     the Senate.
       (c) Report on Modification of Procedures.--The Secretary of 
     Defense shall submit to the committees of Congress referred 
     to in subsection (a) a report on any modification of the 
     procedures submitted under subsection (a) not later than 30 
     days before the date on which such modifications go into 
     effect.
       (d) Judicial Review of Detention of Enemy Combatants.--
       (1) In general.--Section 2241 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(e) No court, justice, or judge shall have jurisdiction 
     to hear or consider an application for a writ of habeas 
     corpus filed by or on behalf of an alien outside the United 
     States (as that term is defined in section 101(a)(38) of the 
     Immigration and Naturalization Act (8 U.S.C. 1101(a)(38)) who 
     is detained by the Department of Defense at Guantanamo Bay, 
     Cuba.''.
       (2) Certain decisions.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the United States Court of Appeals for the District of 
     Columbia Circuit shall have exclusive jurisdiction to 
     determine the validity of any decision of a Designated 
     Civilian Official described in subsection (b)(2) that an 
     alien is properly detained as an enemy combatant.
       (B) Limitation on claims.--The jurisdiction of the United 
     States Court of Appeals for the District of Columbia Circuit 
     under this paragraph shall be limited to claims brought by or 
     on behalf of an alien--
       (i) who is, at the time a request for review by such court 
     is filed, detained by the Department of Defense at Guantanamo 
     Bay, Cuba; and
       (ii) for whom a Combatant Status Review Tribunal has been 
     conducted, pursuant to applicable procedures specified by the 
     Secretary of Defense.
       (C) Scope of review.--The jurisdiction of the United States 
     Court of Appeals for the District of Columbia Circuit on any 
     claims with respect to an alien under this paragraph shall be 
     limited to the consideration of whether the status 
     determination of the Combatant Status Review Tribunal with 
     regard to such alien was consistent with the procedures and 
     standards specified by the Secretary of Defense for Combatant 
     Status Review Tribunals.
       (D) Termination on release from custody.--The jurisdiction 
     of the United States Court of Appeals for the District of 
     Columbia Circuit with respect to the claims of an alien under 
     this paragraph shall cease upon the release of such alien 
     from the custody of the Department of Defense.
       (3) Effective date.--The amendment made by paragraph (1) 
     shall apply to any application or other action that is 
     pending on or after the date of the enactment of this Act. 
     Paragraph (2) shall apply with respect to any claim regarding 
     a decision covered by that paragraph that is pending on or 
     after such date.
         This section shall become effective 1 day after 
     enactment.
                                 ______
                                 
  SA 2517. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 2515 proposed by Mr. Graham (for himself, Mr. Kyl, Mr. 
Chambliss, and Mr. Cornyn) 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, strike line 3 and all that follows through the 
     end.
                                 ______
                                 
  SA 2518. Mr. WARNER (for himself and Mr. Frist) 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:


[[Page S12701]]


       At the end of title XII, add the following:

     SEC. __. UNITED STATES POLICY ON IRAQ.

       (a) Short Title.--This section may be cited as the ``United 
     States Policy on Iraq Act''.
       (b) Sense of Senate.--It is the sense of the Senate that, 
     in order to succeed in Iraq--
       (1) members of the United States Armed Forces who are 
     serving or have served in Iraq and their families deserve the 
     utmost respect and the heartfelt gratitude of the American 
     people for their unwavering devotion to duty, service to the 
     Nation, and selfless sacrifice under the most difficult 
     circumstances;
       (2) it is important to recognize that the Iraqi people have 
     made enormous sacrifices and that the overwhelming majority 
     of Iraqis want to live in peace and security;
       (3) calendar year 2006 should be a period of significant 
     transition to full Iraqi sovereignty, with Iraqi security 
     forces taking the lead for the security of a free and 
     sovereign Iraq, thereby creating the conditions for the 
     phased redeployment of United States forces from Iraq;
       (4) United States military forces should not stay in Iraq 
     any longer than required and the people of Iraq should be so 
     advised;
       (5) the Administration should tell the leaders of all 
     groups and political parties in Iraq that they need to make 
     the compromises necessary to achieve the broad-based and 
     sustainable political settlement that is essential for 
     defeating the insurgency in Iraq, within the schedule they 
     set for themselves; and
       (6) the Administration needs to explain to Congress and the 
     American people its strategy for the successful completion of 
     the mission in Iraq.
       (c) Reports to Congress on United States Policy and 
     Military Operations in Iraq.--Not later than 90 days after 
     the date of the enactment of this Act, and every three months 
     thereafter until all United States combat brigades have 
     redeployed from Iraq, the President shall submit to Congress 
     an unclassified report on United States policy and military 
     operations in Iraq. Each report shall include, to the extent 
     practicable, the following unclassified information:
       (1) The current military mission and the diplomatic, 
     political, economic, and military measures, if any, that are 
     being or have been undertaken to successfully complete or 
     support that mission, including:
       (A) Efforts to convince Iraq's main communities to make the 
     compromises necessary for a broad-based and sustainable 
     political settlement.
       (B) Engaging the international community and the region in 
     the effort to stabilize Iraq and to forge a broad-based and 
     sustainable political settlement.
       (C) Strengthening the capacity of Iraq's government 
     ministries.
       (D) Accelerating the delivery of basic services.
       (E) Securing the delivery of pledged economic assistance 
     from the international community and additional pledges of 
     assistance.
       (F) Training Iraqi security forces and transferring 
     security responsibilities to those forces and the government 
     of Iraq.
       (2) Whether the Iraqis have made the compromises necessary 
     to achieve the broad-based and sustainable political 
     settlement that is essential for defeating the insurgency in 
     Iraq.
       (3) Any specific conditions included in the April 2005 
     Multi-National Forces-Iraq campaign action plan (referred to 
     in United States Government Accountability Office October 
     2005 report on Rebuilding Iraq: DOD Reports Should Link 
     Economic, Governance, and Security Indicators to Conditions 
     for Stabilizing Iraq), and any subsequent updates to that 
     campaign plan, that must be met in order to provide for the 
     transition of security responsibility to Iraqi security 
     forces.
       (4) To the extent that these conditions are not covered 
     under paragraph (3), the following should also be addressed:
       (A) The number of battalions of the Iraqi Armed Forces that 
     must be able to operate independently or to take the lead in 
     counterinsurgency operations and the defense of Iraq's 
     territory.
       (B) The number of Iraqi special police units that must be 
     able to operate independently or to take the lead in 
     maintaining law and order and fighting the insurgency.
       (C) The number of regular police that must be trained and 
     equipped to maintain law and order.
       (D) The ability of Iraq's Federal ministries and provincial 
     and local governments to independently sustain, direct, and 
     coordinate Iraq's security forces.
       (5) The criteria to be used to evaluate progress toward 
     meeting such conditions.
       (6) A schedule for meeting such conditions, an assessment 
     of the extent to which such conditions have been met, 
     information regarding variables that could alter that 
     schedule, and the reasons for any subsequent changes to that 
     schedule.
                                 ______
                                 
  SA 2519. Mr. LEVIN (for himself, Mr. Biden, Mr. Reid, Mr. Dodd, Mr. 
Kerry, Mr. Feingold, Mr. Durbin, Mr. Reed, Mr. Kennedy, Mrs. Feinstein, 
Mr. Obama, and Mrs. Boxer) proposed an amendment to the bill S. 1042, 
to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the end of title XII, add the following:

     SEC. __. UNITED STATES POLICY ON IRAQ.

       (a) Short Title.--This section may be cited as the ``United 
     States Policy on Iraq Act''.
       (b) Sense of Senate.--It is the sense of the Senate that, 
     in order to succeed in Iraq--
       (1) members of the United States Armed Forces who are 
     serving or have served in Iraq and their families deserve the 
     utmost respect and the heartfelt gratitude of the American 
     people for their unwavering devotion to duty, service to the 
     Nation, and selfless sacrifice under the most difficult 
     circumstances;
       (2) it is important to recognize that the Iraqi people have 
     made enormous sacrifices and that the overwhelming majority 
     of Iraqis want to live in peace and security;
       (3) calendar year 2006 should be a period of significant 
     transition to full Iraqi sovereignty, with Iraqi security 
     forces taking the lead for the security of a free and 
     sovereign Iraq, thereby creating the conditions for the 
     phased redeployment of United States forces from Iraq;
       (4) United States military forces should not stay in Iraq 
     indefinitely and the people of Iraq should be so advised;
       (5) the Administration should tell the leaders of all 
     groups and political parties in Iraq that they need to make 
     the compromises necessary to achieve the broad-based and 
     sustainable political settlement that is essential for 
     defeating the insurgency in Iraq, within the schedule they 
     set for themselves; and
       (6) the Administration needs to explain to Congress and the 
     American people its strategy for the successful completion of 
     the mission in Iraq.
       (c) Reports to Congress on United States Policy and 
     Military Operations in Iraq.--Not later than 30 days after 
     the date of the enactment of this Act, and every three months 
     thereafter until all United States combat brigades have 
     redeployed from Iraq, the President shall submit to Congress 
     an unclassified report on United States policy and military 
     operations in Iraq. Each report shall include the following:
       (1) The current military mission and the diplomatic, 
     political, economic, and military measures, if any, that are 
     being or have been undertaken to successfully complete or 
     support that mission, including:
       (A) Efforts to convince Iraq's main communities to make the 
     compromises necessary for a broad-based and sustainable 
     political settlement.
       (B) Engaging the international community and the region in 
     the effort to stabilize Iraq and to forge a broad-based and 
     sustainable political settlement.
       (C) Strengthening the capacity of Iraq's government 
     ministries.
       (D) Accelerating the delivery of basic services.
       (E) Securing the delivery of pledged economic assistance 
     from the international community and additional pledges of 
     assistance.
       (F) Training Iraqi security forces and transferring 
     security responsibilities to those forces and the government 
     of Iraq.
       (2) Whether the Iraqis have made the compromises necessary 
     to achieve the broad-based and sustainable political 
     settlement that is essential for defeating the insurgency in 
     Iraq.
       (3) Any specific conditions included in the April 2005 
     Multi-National Forces-Iraq campaign action plan (referred to 
     in United States Government Accountability Office October 
     2005 report on Rebuilding Iraq: DOD Reports Should Link 
     Economic, Governance, and Security Indicators to Conditions 
     for Stabilizing Iraq), and any subsequent updates to that 
     campaign plan, that must be met in order to provide for the 
     transition of security responsibility to Iraqi security 
     forces.
       (4) To the extent that these conditions are not covered 
     under paragraph (3), the following should also be addressed:
       (A) The number of battalions of the Iraqi Armed Forces that 
     must be able to operate independently or to take the lead in 
     counterinsurgency operations and the defense of Iraq's 
     territory.
       (B) The number of Iraqi special police units that must be 
     able to operate independently or to take the lead in 
     maintaining law and order and fighting the insurgency.
       (C) The number of regular police that must be trained and 
     equipped to maintain law and order.
       (D) The ability of Iraq's Federal ministries and provincial 
     and local governments to independently sustain, direct, and 
     coordinate Iraq's security forces.
       (5) The criteria to be used to evaluate progress toward 
     meeting such conditions.
       (6) A schedule for meeting such conditions, an assessment 
     of the extent to which such conditions have been met, 
     information regarding variables that could alter that 
     schedule, and the reasons for any subsequent changes to that 
     schedule.
       (7) A campaign plan with estimated dates for the phased 
     redeployment of the United States Armed Forces from Iraq as 
     each condition is met, with the understanding that unexpected 
     contingencies may arise.

[[Page S12702]]

                                 ______
                                 
  SA 2520. Mr. FRIST (for Mr. Inouye) proposed an amendment to the 
resolution S. Res. 9, expressing the sense of the Senate regarding 
designation of the month of November as ``National Military Family 
Month''; as follows:

       On page 2, line 2, strike ``; and'' and all that follows to 
     the end.
                                 ______
                                 
  SA 2521. Mr. FRIST (for Mr. Leahy) proposed an amendment to the bill 
S. 1558, An act to amend the Ethics in Government Act of 1978 to 
protect family members of filers from disclosing sensitive information 
in a public filing and to extend for 4 years the authority to redact 
financial disclosure statements of judicial employees and judicial 
officers; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. PROTECTION OF FAMILY MEMBERS.

       Section 105(b)(3) of the Ethics in Government Act of 1978 
     (5 U.S.C. App.) is amended--
       (1) in subparagraph (A), by inserting ``or a family member 
     of that individual'' after ``that individual''; and
       (2) in subparagraph (B)(i), by inserting ``or a family 
     member of that individual'' after ``the report''.

     SEC. 2. EXTENSION OF PUBLIC FILING REQUIREMENT.

       Section 105(b)(3)(E) of the Ethics in Government Act of 
     1978 (5 U.S.C. App.) is amended by striking ``2005'' each 
     place it appears and inserting ``2009''.
                                 ______
                                 
  SA 2522. Mr. FRIST (for Mr. Leahy) proposed an amendment to the bill 
S. 1558, An act to amend the Ethics in Government Act of 1978 to 
protect family members of filers from disclosing sensitive information 
in a public filing and to extend for 4 years the authority to redact 
financial disclosure statements of judicial employees and judicial 
officers; as follows:

       At the appropriate place, insert the following:
         Amend the title so as to read: ``To amend the Ethics in 
     Government Act of 1978 to protect family members of filers 
     from disclosing sensitive information in a public filing and 
     to extend for 4 years the authority to redact financial 
     disclosure statements of judicial employees and judicial 
     officers.''.

                          ____________________