[Congressional Record Volume 151, Number 151 (Tuesday, November 15, 2005)]
[Senate]
[Pages S12854-S12868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2525. Mr. WARNER (for Mr. Smith) 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 213, between lines 2 and 3, insert the following:

     SEC. 807. TEMPORARY INAPPLICABILITY OF BERRY AMENDMENT TO 
                   PROCUREMENTS OF SPECIALTY METALS USED TO 
                   PRODUCE FORCE PROTECTION EQUIPMENT.

       (a) In General.--Section 2533a(a) of title 10, United 
     States Code, shall not apply to the procurement, during the 
     2-year period beginning on the date of the enactment of this 
     Act, of specialty metals if such specialty metals are used to 
     produce force protection equipment needed to prevent combat 
     fatalities in Iraq or Afghanistan.
       (b) Treatment of Procurements Within Period.--For the 
     purposes of subsection (a), a procurement shall be treated as 
     being made during the 2-year period described in that 
     subsection to the extent that funds are obligated by the 
     Department of Defense for that procurement during that 
     period.
                                 ______
                                 
  SA 2526. Mr. WARNER (for Mrs. Hutchison (for herself 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 appropriate place, insert the following:

     SEC. . SENSE OF THE SENATE REGARDING MANNED SPACE FLIGHT.

       (a) Findings.--The Congress finds that--
       (1) human spaceflight preeminence allows the United States 
     to project leadership around the world and forms an important 
     component of United States national security;
       (2) continued development of human spaceflight in low-Earth 
     orbit, on the Moon, and beyond adds to the overall national 
     strategic posture;
       (3) human spaceflight enables continued stewardship of the 
     region between the earth and the Moon--an area that is 
     critical and of growing national and international security 
     relevance;
       (4) human spaceflight provides unprecedented opportunities 
     for the United States to lead peaceful and productive 
     international relationships with the world community in 
     support of United States security and geo-political 
     objectives;
       (5) a growing number of nations are pursuing human 
     spaceflight and space-related capabilities, including China 
     and India;

[[Page S12855]]

       (6) past investments in human spaceflight capabilities 
     represent a national resource that can be built upon and 
     leveraged for a broad range of purposes, including national 
     and economic security; and
       (7) the industrial base and capabilities represented by the 
     Space Transportation System provide a critical dissimilar 
     launch capability for the nation.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that it is in the national security interest of the United 
     States to maintain preeminence in human spaceflight.
                                 ______
                                 
  SA 2527. 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:

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

     SEC. 1073. ANNUAL REPORT ON COSTS TO CARRY OUT UNITED NATIONS 
                   RESOLUTIONS.

       (a) Requirement for Annual Report.--The Secretary of 
     Defense and the Secretary of State shall submit to the 
     congressional defense committees, the Committee on Foreign 
     Relations of the Senate, and the Committee on International 
     Relations of the House of Representatives an annual report 
     that sets forth all direct and indirect costs (including 
     incremental costs) incurred by the Department of Defense 
     during the preceding year in implementing or supporting any 
     resolution adopted by the United Nations Security Council, 
     including any such resolution calling for international 
     sanctions, international peacekeeping operations, 
     international peace enforcement operations, monitoring 
     missions, observer missions, or humanitarian missions 
     undertaken by the Department of Defense. Each such report 
     shall include an aggregate of all such Department of Defense 
     costs by operation or mission, the percentage of the United 
     States contribution by operation or mission, and the total 
     cost of each operation or mission.
       (b) Costs for Assisting Foreign Troops.--The Secretary of 
     Defense and the Secretary of State shall detail in each 
     annual report required by this section all direct and 
     indirect costs (including incremental costs) incurred in 
     training, equipping, and otherwise assisting, preparing, 
     resourcing, and transporting foreign troops for implementing 
     or supporting any resolution adopted by the United Nations 
     Security Council, including any such resolution calling for 
     international sanctions, international peacekeeping 
     operations, international peace enforcement operations, 
     monitoring missions, observer missions, or humanitarian 
     missions.
       (c) Credit and Compensation.--The Secretary of Defense and 
     the Secretary of State shall detail in each annual report 
     required by this section all efforts made to seek credit 
     against past United Nations expenditures and all efforts made 
     to seek compensation from the United Nations for costs 
     incurred by the Department of Defense in implementing and 
     supporting United Nations activities.
       (d) Form of Report.--Each annual report required by this 
     section shall be submitted in unclassified form, but may 
     include a classified annex.
                                 ______
                                 
  SA 2528. Mr. WARNER (for Ms. Snowe) 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 237, after line 17, insert the following:

     SEC. 846. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM 
                   CONSIDERATION FOR PURPOSE OF SMALL BUSINESS 
                   SIZE STANDARDS.

       Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), 
     is amended by adding at the end the following:
       ``(4) Exclusion of certain security expenses from 
     consideration for purpose of small business size standards.--
       ``(A) Determination required.--Not later than 30 days after 
     the date of enactment of this paragraph, the Administrator 
     shall review the application of size standards established 
     pursuant to paragraph (2) to small business concerns that are 
     performing contracts in qualified areas and determine whether 
     it would be fair and appropriate to exclude from 
     consideration in the average annual gross receipts of such 
     small business concerns any payments made to such small 
     business concerns by Federal agencies to reimburse such small 
     business concerns for the cost of subcontracts entered for 
     the sole purpose of providing security services in a 
     qualified area.
       ``(B) Action required.--Not later than 60 days after the 
     date of enactment of this paragraph, the Administrator shall 
     either--
       ``(i) initiate an adjustment to the size standards, as 
     described in subparagraph (A), if the Administrator 
     determines that such an adjustment would be fair and 
     appropriate; or
       ``(ii) provide a report to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives explaining in detail 
     the basis for the determination by the Administrator that 
     such an adjustment would not be fair and appropriate.
       ``(C) Qualified areas.--In this paragraph, the term 
     `qualified area' means--
       ``(i) Iraq,
       ``(ii) Afghanistan, and
       ``(iii) any foreign country which included a combat zone, 
     as that term is defined in section 112(c)(2) of the Internal 
     Revenue Code of 1986, at the time of performance of the 
     relevant Federal contract or subcontract.''.
                                 ______
                                 
  SA 2529. Mr. WARNER (for Ms. Snowe) 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 237, after line 17, insert the following:

     SEC. 846. SMALL BUSINESS CONTRACTING IN OVERSEAS 
                   PROCUREMENTS.

       Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 
     is amended by adding at the end the following:
       ``(3) Small business contracting in overseas 
     procurements.--
       ``(A) Statement of congressional policy.--It is the policy 
     of the Congress that Federal agencies shall endeavor to meet 
     the contracting goals established under this subsection, 
     regardless of the geographic area in which the contracts will 
     be performed.
       ``(B) Authorization to use contracting mechanisms.--Federal 
     agencies are authorized to use any of the contracting 
     mechanisms authorized in this Act for the purpose of 
     complying with the Congressional policy set forth in 
     subparagraph (A).
       ``(C) Report to congressional committees.--Not later than 1 
     year after the date of enactment of this paragraph, the 
     Administrator and the Chief Counsel for Advocacy shall submit 
     to the Committee on Small Business and Entrepreneurship of 
     the Senate and Committee on Small Business of the House of 
     Representatives a report on the activities undertaken by 
     Federal agencies, offices, and departments to carry out this 
     paragraph.''.
                                 ______
                                 
  SA 2530. Mr. WARNER (for Ms. Snowe) 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 237, after line 17, insert the following:

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

       Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 
     is amended by adding at the end the following:
       ``(3) Fair access to multiple-award contracts.--
       ``(A) Statement of congressional policy.--It is the policy 
     of the Congress that Federal agencies shall endeavor to meet 
     the contracting goals established under this subsection with 
     regard to orders under multiple-award contracts, including 
     Federal Supply Schedule contracts and multi-agency contracts.
       ``(B) Authorization for limited competition.--The head of a 
     contracting agency may include in any contract entered under 
     section 2304a(d)(1)(B) or 2304b(e) of title 10, United States 
     Code, a clause setting aside a specific share of awards under 
     such contract pursuant to a competition that is limited to 
     small business concerns, if the head of the contracting 
     agency determines that such limitation is necessary to comply 
     with the congressional policy stated in subparagraph (A).
       ``(C) Report requirement.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Administrator shall 
     submit a report on the level of participation of small 
     business concerns in multiple-award contracts, including 
     Federal Supply Schedule contracts, to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives.
       ``(ii) Contents.--The report required by clause (i) shall 
     include, for the most recent 2-year period for which data are 
     available--
       ``(I) the total number of multiple-award contracts;
       ``(II) the total number of small business concerns that 
     received multiple-award contracts;
       ``(III) the total number of orders under multiple-award 
     contracts;
       ``(IV) the total value of orders under multiple-award 
     contracts;
       ``(V) the number of orders received by small business 
     concerns under multiple-award contracts;
       ``(VI) the value of orders received by small business 
     concerns under multiple-award contracts;
       ``(VII) the number of small business concerns that received 
     orders under multiple-award contracts; and

[[Page S12856]]

       ``(VIII) such other information as may be relevant.''.
                                 ______
                                 
  SA 2531. Mr. WARNER (for Ms. Snowe (for herself and 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:

       On page 218, strike line 1 and all that follows through 
     page 220, line 5, and insert the following:

     SEC. 814. RESEARCH AND DEVELOPMENT EFFORTS FOR PURPOSES OF 
                   SMALL BUSINESS RESEARCH.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended by adding at the end the following:
       ``(x) Research and Development Focus.--
       ``(1) Revision and update of criteria and procedures of 
     identification.--In carrying out subsection (g), the 
     Secretary of Defense shall, not less often than once every 4 
     years, revise and update the criteria and procedures utilized 
     to identify areas of the research and development efforts of 
     the Department of Defense which are suitable for the 
     provision of funds under the Small Business Innovation 
     Research Program and the Small Business Technology Transfer 
     Program.
       ``(2) Utilization of plans.--The criteria and procedures 
     described in paragraph (1) shall be developed through the use 
     of the most current versions of the following plans:
       ``(A) The joint warfighting science and technology plan 
     required under section 270 of the National Defense 
     Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note).
       ``(B) The Defense Technology Area Plan of the Department of 
     Defense.
       ``(C) The Basic Research Plan of the Department of Defense.
       ``(3) Input in identification of areas of effort.--The 
     criteria and procedures described in paragraph (1) shall 
     include input in the identification of areas of research and 
     development efforts described in that paragraph from 
     Department of Defense program managers (PMs) and program 
     executive officers (PEOs).
       ``(y) Commercialization Pilot Program.--
       ``(1) In general.--The Secretary of Defense and the 
     Secretary of each military department is authorized to create 
     and administer a `Commercialization Pilot Program' to 
     accelerate the transition of technologies, products, and 
     services developed under the Small Business Innovation 
     Research Program to Phase III, including the acquisition 
     process.
       ``(2) Identification of research programs for accelerated 
     transition to acquisition process.--In carrying out the 
     Commercialization Pilot Program, the Secretary of Defense and 
     the Secretary of each military department shall identify 
     research programs of the Small Business Innovation Research 
     Program that have the potential for rapid transitioning to 
     Phase III and into the acquisition process.
       ``(3) Limitation.--No research program may be identified 
     under paragraph (2), unless the Secretary of the military 
     department concerned certifies in writing that the successful 
     transition of the program to Phase III and into the 
     acquisition process is expected to meet high priority 
     military requirements of such military department.
       ``(4) Funding.--For payment of expenses incurred to 
     administer the Commercialization Pilot Program under this 
     subsection, the Secretary of Defense and each Secretary of a 
     military department is authorized to use not more than an 
     amount equal to 1 percent of the funds available to the 
     Department of Defense or the military department pursuant to 
     the Small Business Innovation Research Program. Such funds--
       ``(A) shall not be subject to the limitations on the use of 
     funds in subsection (f)(2); and
       ``(B) shall not be used to make Phase III awards.
       ``(5) Evaluative report.--At the end of each fiscal year, 
     the Secretary of Defense and each Secretary of a military 
     department shall submit to the Committee on Armed Services 
     and the Committee on Small Business and Entrepreneurship of 
     the Senate and the Committee on Armed Services and the 
     Committee on Small Business of the House of Representatives 
     an evaluative report regarding activities under the 
     Commercialization Pilot Program. The report shall include--
       ``(A) an accounting of the funds used in the 
     Commercialization Pilot Program;
       ``(B) a detailed description of the Commercialization Pilot 
     Program, including incentives and activities undertaken by 
     acquisition program managers, program executive officers, and 
     by prime contractors; and
       ``(C) a detailed compilation of results achieved by the 
     Commercialization Pilot Program, including the number of 
     small business concerns assisted and a number of inventions 
     commercialized.
       ``(6) Sunset.--The pilot program under this subsection 
     shall terminate at the end of fiscal year 2009.''.
       (b) Implementation of Executive Order 13329.--Section 9 of 
     the Small Business Act (15 U.S.C. 638) is amended--
       (1) in subsection (b)--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) to provide for and fully implement the tenets of 
     Executive Order 13329 (Encouraging Innovation in 
     Manufacturing).'';
       (2) in subsection (g)--
       (A) in paragraph (9), by striking ``and'' at the end;
       (B) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(11) provide for and fully implement the tenets of 
     Executive Order 13329 (Encouraging Innovation in 
     Manufacturing).''; and
       (3) in subsection (o)--
       (A) in paragraph (14), by striking ``and'' at the end;
       (B) in paragraph (15), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(16) provide for and fully implement the tenets of 
     Executive Order 13329 (Encouraging Innovation in 
     Manufacturing).''.
       (c) Testing and Evaluation Authority.--Section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `commercial applications' shall not be 
     construed to exclude testing and evaluation of products, 
     services, or technologies for use in technical or weapons 
     systems, and further, awards for testing and evaluation of 
     products, services, or technologies for use in technical or 
     weapons systems may be made in either the second or the third 
     phase of the Small Business Innovation Research Program and 
     of the Small Business Technology Transfer Program, as defined 
     in this subsection.''.
                                 ______
                                 
  SA 2532. 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:

       On page 237, after line 17, insert the following:

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

       (a) Drought Disaster Authority.--
       (1) Definition of disaster.--Section 3(k) of the Small 
     Business Act (15 U.S.C. 632(k)) is amended--
       (A) by inserting ``(1)'' after ``(k)''; and
       (B) by adding at the end the following:
       ``(2) For purposes of section 7(b)(2), the term `disaster' 
     includes--
       ``(A) drought; and
       ``(B) below average water levels in the Great Lakes, or on 
     any body of water in the United States that supports commerce 
     by small business concerns.''.
       (2) Drought disaster relief authority.--Section 7(b)(2) of 
     the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
       (A) by inserting ``(including drought), with respect to 
     both farm-related and nonfarm-related small business 
     concerns,'' before ``if the Administration''; and
       (B) in subparagraph (B), by striking ``the Consolidated 
     Farmers Home Administration Act of 1961 (7 U.S.C. 1961)'' and 
     inserting the following: ``section 321 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1961), in which 
     case, assistance under this paragraph may be provided to 
     farm-related and nonfarm-related small business concerns, 
     subject to the other applicable requirements of this 
     paragraph''.
       (b) Limitation on Loans.--From funds otherwise appropriated 
     for loans under section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)), not more than $9,000,000 may be used during 
     each of fiscal years 2005 through 2008, to provide drought 
     disaster loans to nonfarm-related small business concerns in 
     accordance with this section and the amendments made by this 
     section.
       (c) Prompt Response to Disaster Requests.--Section 
     7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) 
     is amended by striking ``Upon receipt of such certification, 
     the Administration may'' and inserting ``Not later than 30 
     days after the date of receipt of such certification by a 
     Governor of a State, the Administration shall respond in 
     writing to that Governor on its determination and the reasons 
     therefore, and may''.
       (d) Rulemaking.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall promulgate final rules to carry 
     out this section and the amendments made by this section.
                                 ______
                                 
  SA 2533. Mr. WARNER (for 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 in title VIII, insert the 
     following:

[[Page S12857]]

     SEC. __. ENSURING TRANSPARENCY IN FEDERAL CONTRACTING.

       (a) Publication of Information on Federal Contractor 
     Penalties and Violations.--(1).--The Secretary of Defense 
     shall maintain a publicly-available website that provides 
     information on instances in which major contractors have been 
     fined, paid penalties or restitution, settled, plead guilty 
     to, or had judgments entered against them in connection with 
     allegations of improper conduct. The website shall be updated 
     not less than once a year.
       (2) For the purposes of this subsection, a major contractor 
     is a contractor that receives at least $100,000,000 in 
     Federal contracts in the most recent fiscal year for which 
     data are available.
       (b) Report on Federal Sole Source Contracts Related to Iraq 
     Reconstruction.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Administrator for 
     Federal Procurement Policy shall submit to Congress a report 
     on all sole source contracts in excess of $2,000,000 entered 
     into by executive agencies in connection with Iraq 
     reconstruction from January 1, 2003, through the date of the 
     enactment of this Act.
       (2) Content.--The report submitted under paragraph (1) 
     shall include the following information with respect to each 
     such contract:
       (A) The date the contract was awarded.
       (B) The contract number.
       (C) The name of the contractor.
       (D) The amount awarded.
       (E) A brief description of the work to be performed under 
     the contract.
       (3) Executive agency defined.--In this subsection, the term 
     ``executive agency'' has the meaning given such term in 
     section 4 of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403).
                                 ______
                                 
  SA 2534. Mr. WARNER (for Mr. Kennedy (for himself and Mr. Chambliss)) 
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 213, between lines 2 and 3, insert the following:

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

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

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

       (a) Guidelines.--
       (1) In general.--The Secretary of Defense shall prescribe 
     guidelines and procedures for ensuring that consideration is 
     given to using Federal Government employees on a regular 
     basis for work that is performed under Department of Defense 
     contracts and could be performed by Federal Government 
     employees.
       (2) Criteria.--The guidelines and procedures prescribed 
     under paragraph (1) shall provide for special consideration 
     to be given to contracts that--
       (A) have been performed by Federal Government employees at 
     any time on or after October 1, 1980;
       (B) are associated with the performance of inherently 
     governmental functions;
       (C) were not awarded on a competitive basis; or
       (D) have been determined by a contracting officer to be 
     poorly performed due to excessive costs or inferior quality.
       (b) New Requirements.--
       (1) Limitation on requiring public-private competition.--No 
     public-private competition may be required under Office of 
     Management and Budget Circular A-76 or any other provision of 
     law or regulation before the performance of a new requirement 
     by Federal Government employees commences, the performance by 
     Federal Government employees of work pursuant to subsection 
     (a) commences, or the scope of an existing activity performed 
     by Federal Government employees is expanded. Office of 
     Management and Budget Circular A-76 shall be revised to 
     ensure that the heads of all Federal agencies give fair 
     consideration to the performance of new requirements by 
     Federal Government employees.
       (2) consideration of federal government employees.--The 
     Secretary of Defense shall, to the maximum extent 
     practicable, ensure that Federal Government employees are 
     fairly considered for the performance of new requirements, 
     with special consideration given to new requirements that 
     include functions that--
       (A) are similar to functions that have been performed by 
     Federal Government employees at any time on or after October 
     1, 1980; or
       (B) are associated with the performance of inherently 
     governmental functions.
       (c) Use of Flexible Hiring Authority.--The Secretary shall 
     include the use of the flexible hiring authority available 
     through the National Security Personnel System in order to 
     facilitate performance by Federal Government employees of new 
     requirements and work that is performed under Department of 
     Defense contracts.
       (d) Inspector General Report.--Not later than 180 days 
     after the enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the compliance of the Secretary of Defense with the 
     requirements of this section.
       (e) Definitions.--In this section:
       (1) The term ``National Security Personnel System'' means 
     the human resources management system established under the 
     authority of section 9902 of title 5, United States Code.
       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).
                                 ______
                                 
  SA 2535. Mr. WARNER (for Mr. Inhofe) 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:

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

       (a) Findings.--Congress finds the following:
       (1) The 2004 Report to Congress of the United States-China 
     Economic and Security Review Commission states that--
       (A) China's State-Owned Enterprises (SOEs) lack adequate 
     disclosure standards, which creates the potential for United 
     States investors to unwittingly contribute to enterprises 
     that are involved in activities harmful to United States 
     security interests;
       (B) United States influence and vital long-term interests 
     in Asia are being challenged

[[Page S12858]]

     by China's robust regional economic engagement and diplomacy;
       (C) the assistance of China and North Korea to global 
     ballistic missile proliferation is extensive and ongoing;
       (D) China's transfers of technology and components for 
     weapons of mass destruction (WMD) and their delivery systems 
     to countries of concern, including countries that support 
     acts of international terrorism, has helped create a new tier 
     of countries with the capability to produce WMD and ballistic 
     missiles;
       (E) the removal of the European Union arms embargo against 
     China that is currently under consideration in the European 
     Union would accelerate weapons modernization and dramatically 
     enhance Chinese military capabilities;
       (F) China is developing a leading-edge military with the 
     objective of intimidating Taiwan and deterring United States 
     involvement in the Strait, and China's qualitative and 
     quantitative military advancements have already resulted in a 
     dramatic shift in the cross-Strait military balance toward 
     China; and
       (G) China's growing energy needs are driving China into 
     bilateral arrangements that undermine multilateral efforts to 
     stabilize oil supplies and prices, and in some cases may 
     involve dangerous weapons transfers.
       (2) On March 14, 2005, the National People's Congress 
     approved a law that would authorize the use of force if 
     Taiwan formally declares independence.
       (b) Sense of Congress.--
       (1) Plan.--It is the sense of Congress that the President 
     should take immediate steps to establish a coherent and 
     comprehensive plan to address the emergence of China 
     economically, diplomatically, and militarily, to promote 
     mutually beneficial trade relations with China, and to 
     encourage China's adherence to international norms in the 
     areas of trade, international security, and human rights.
       (2) Contents.--The plan should contain the following:
       (A) Actions to address China's policy of undervaluing its 
     currency, including--
       (i) encouraging China to continue to upwardly revalue the 
     Chinese yuan against the United States dollar;
       (ii) allowing the yuan to float against a trade-weighted 
     basket of currencies; and
       (iii) concurrently encouraging United States trading 
     partners with similar interests to join in these efforts.
       (B) Actions to make better use of the World Trade 
     Organization (WTO) dispute settlement mechanism and 
     applicable United States trade laws to redress China's trade 
     practices, including exchange rate manipulation, denial of 
     trading and distribution rights, insufficient intellectual 
     property rights protection, objectionable labor standards, 
     subsidization of exports, and forced technology transfers as 
     a condition of doing business. The United States Trade 
     Representative should consult with our trading partners 
     regarding any trade dispute with China.
       (C) Actions to encourage United States diplomatic efforts 
     to identify and pursue initiatives to revitalize United 
     States engagement in East Asia. The initiatives should have a 
     regional focus and complement bilateral efforts. The Asia-
     Pacific Economic Cooperation forum (APEC) offers a ready 
     mechanism for pursuit of such initiatives.
       (D) Actions by the administration to work with China to 
     prevent proliferation of prohibited technologies and to 
     secure China's agreement to renew efforts to curtail North 
     Korea's commercial export of ballistic missiles.
       (E) Actions by the Secretaries of State and Energy to 
     consult with the International Energy Agency with the 
     objective of upgrading the current loose experience-sharing 
     arrangement whereby China engages in some limited exchanges 
     with the organization, to a more structured arrangement.
       (F) Actions by the administration to develop a coordinated, 
     comprehensive national policy and strategy designed to 
     maintain United States scientific and technological 
     leadership and competitiveness, in light of the rise of China 
     and the challenges of globalization.
       (G) Actions to review laws and regulations governing the 
     Committee on Foreign Investment in the United States (CFIUS), 
     including exploring whether the definition of national 
     security should include the potential impact on national 
     economic security as a criterion to be reviewed, and whether 
     the chairmanship of CFIUS should be transferred from the 
     Secretary of the Treasury to a more appropriate executive 
     branch agency.
       (H) Actions by the President and the Secretaries of State 
     and Defense to press strongly their European Union 
     counterparts to maintain the EU arms embargo on China.
       (I) Actions by the administration to discourage foreign 
     defense contractors from selling sensitive military use 
     technology or weapons systems to China. The administration 
     should provide a comprehensive annual report to the 
     appropriate committees of Congress on the nature and scope of 
     foreign military sales to China, particularly sales by Russia 
     and Israel.
                                 ______
                                 
  SA 2536. 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 E of title II, add the following:

     SEC. __. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND 
                   UNMANNED GROUND VEHICLE SYSTEMS.

       (a) Report Required.--Not later than nine months after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     submit to the congressional defense committees a report on 
     the development and utilization of robotics and unmanned 
     ground vehicle systems by the Department of Defense.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the utilization of robotics and 
     unmanned ground vehicle systems in current military 
     operations.
       (2) A description of the manner in which the development of 
     robotics and unmanned ground vehicle systems capabilities 
     supports current major acquisition programs of the Department 
     of Defense.
       (3) A detailed description, including budget estimates, of 
     all Department programs and activities on robotics and 
     unmanned ground vehicle systems for fiscal years 2004 through 
     2012, including programs and activities relating to research, 
     development, test and evaluation, procurement, and operation 
     and maintenance.
       (4) A description of the long-term research and development 
     strategy of the Department on technology for the development 
     and integration of new robotics and unmanned ground vehicle 
     systems capabilities in support of Department missions.
       (5) A description of any planned demonstration or 
     experimentation activities of the Department that will 
     support the development and deployment of robotics and 
     unmanned ground vehicle systems by the Department.
       (6) A statement of the Department organizations currently 
     participating in the development of new robotics or unmanned 
     ground vehicle systems capabilities, including the specific 
     missions of each such organization in such efforts.
       (7) A description of the activities of the Department to 
     collaborate with industry, academia, and other Government and 
     nongovernment organizations in the development of new 
     capabilities in robotics and unmanned ground vehicle systems.
       (8) An assessment of the short-term and long-term ability 
     of the industrial base of the United States to support the 
     production of robotics and unmanned ground vehicle systems to 
     meet Department requirements.
       (9) An assessment of the progress being made to achieve the 
     goal established by section 220(a)(2) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-38) 
     that, by 2015, one-third of operational ground combat 
     vehicles be unmanned.
       (10) An assessment of international research, technology, 
     and military capabilities in robotics and unmanned ground 
     vehicle systems.
                                 ______
                                 
  SA 2537. 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 A of title VIII, add the following:

     SEC. __. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON 
                   SHARE-IN-SAVINGS CONTRACTS.

       (a) Inclusion of Information Technology Improvements in 
     Share-In-Savings.--Paragraph (1) of subsection (a) of section 
     2332 of title 10, United States Code, is amended by adding at 
     the end the following new sentence: ``Each such contract 
     shall provide that the contractor shall incur the cost of 
     implementing information technology improvements, including 
     costs incurred in acquiring, installing, maintaining, and 
     upgrading information technology equipment and training 
     personnel in the use of such equipment, in exchange for a 
     share of any savings directly resulting from the 
     implementation of such improvements during the term of the 
     contract.''.
       (b) Contract Performance Evaluation.--Such subsection is 
     further amended--
       (1) in paragraph (3), by striking ``, to the maximum extent 
     practicable,'';
       (2) by striking paragraph (4);
       (3) by redesignating paragraph (5) as paragraph (7); and
       (4) inserting after paragraph (3) the following new 
     paragraphs:
       ``(4) The head of an agency that enters into contracts 
     pursuant to the authority of this section shall establish a 
     panel of employees of such agency, independent of any program 
     office or contracting office responsible for awarding and 
     administering such contracts, for the purpose of verifying 
     performance baselines and methodologies for calculating 
     savings resulting from the implementation of information 
     technology improvements under such contracts. Employees 
     assigned to any such panel shall have experience and 
     expertise appropriate for the duties of such panel.

[[Page S12859]]

       ``(5) Each contract awarded pursuant to the authority of 
     this section shall include a provision containing a 
     quantifiable baseline of current and projected costs, a 
     methodology for calculating actual costs during the period of 
     performance, and a savings share ratio governing the amount 
     of payments the contractor is to receive under such contract 
     that are certified by a panel established pursuant to 
     paragraph (4) to be financially sound and based on the best 
     available information.
       ``(6) Each contract awarded pursuant to the authority of 
     this section shall--
       ``(A) provide that aggregate payments to the contractor may 
     not exceed the amount the agency would have paid, in 
     accordance with the baseline of current and projected costs 
     incorporated in such contract, during the period covered by 
     such contract; and
       ``(B) require an independent annual audit of actual costs 
     in accordance with the methodology established under 
     paragraph (5)(B), which shall serve as a basis for annual 
     payments based on savings share ratio established in such 
     contract.''.
       (c) Extension of Pilot Program.--Such section is further 
     amended--
       (1) in subsection (b)(3)(B), by striking ``fiscal years 
     2003, 2004, and 2005'' and inserting ``fiscal years 2003 
     through 2007''; and
       (2) in subsection (d), by striking ``September 30, 2005'' 
     and inserting ``September 30, 2007''.
       (d) Reports to Congress.--
       (1) Secretary of defense reports.--Not later than March 31, 
     2006, and each year thereafter until the year after the 
     termination of the pilot program under section 2332 of title 
     10, United States Code (as amended by subsection (a)), the 
     Secretary of Defense shall submit to Congress a report 
     containing a list of each contract entered into by each 
     Federal agency under such section during the preceding year 
     that contains terms providing for the contractor to implement 
     information technology improvements in exchange for a share 
     of the savings derived from the implementation of such 
     improvements. The report shall set forth, for each contract 
     listed--
       (A) the information technology performance acquired by 
     reason of the improvements concerned;
       (B) the total amount of payments made to the contractor 
     during the year covered by the report; and
       (C) the total amount of savings or other measurable 
     benefits realized by the Federal agency during such year as a 
     result of such improvements.
       (2) Comptroller general reports.--Not later than two months 
     after the Secretary submits a report required by paragraph 
     (1), the Comptroller General of the United States shall 
     submit to Congress a report on the costs and benefits to the 
     United States of the implementation of the technology 
     improvements under the contracts covered by such report, 
     together with such recommendations as the Comptroller General 
     considers appropriate.
                                 ______
                                 
  SA 2538. 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 C of title III, add the following:

     SEC. __. SUPERVISION AND MANAGEMENT OF DEFENSE BUSINESS 
                   TRANSFORMATION AGENCY.

       Section 192 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e) Special Rule for Defense Business Transformation 
     Agency.--(1) The Defense Business Transformation Agency shall 
     be supervised by the vice chairman of the Defense Business 
     System Management Committee.
       ``(2) Notwithstanding the results of any periodic review 
     under subsection (c) with regard to the Defense Business 
     Transformation Agency, the Secretary of Defense shall 
     designate that the Agency be managed cooperatively by the 
     Deputy Under Secretary of Defense for Business Transformation 
     and the Deputy Under Secretary of Defense for Financial 
     Management.''.
                                 ______
                                 
  SA 2539. Mr. WARNER (for Mr. Chambliss) 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 I, add the following:

     SEC. 138. C-37B AIRCRAFT.

       (a) Additional Amount for Aircraft Procurement, Air 
     Force.--The amount authorized to be appropriated by section 
     103(1) for aircraft procurement for the Air Force is hereby 
     increased by $45,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 103(1) for aircraft for the Air 
     Force, as increased by subsection (a), up to $45,000,000 may 
     be used for the procurement of one C-37B aircraft.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(1) for operation and maintenance for the Army is 
     hereby reduced by $25,000,000 and the amount authorized to be 
     appropriated by section 301(5) for O&M, defensewide is hereby 
     reduced by $20,000,000.
                                 ______
                                 
  SA 2540. Mr. WARNER (for Mr. Isakson) 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 F of title V, insert the following:

     SEC. __. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING 
                   PROGRAM SCHOLARSHIPS.

       Section 2107a of title 10, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(j) Financial assistance provided under this section to a 
     cadet appointed at a military junior college is designated 
     as, and shall be known as, an `Ike Skelton Early 
     Commissioning Program Scholarship'.''.
                                 ______
                                 
  SA 2541. 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 H of title V, add the following:

     SEC. __. MODIFICATION OF ELIGIBILITY FOR POSITION OF 
                   PRESIDENT OF THE NAVAL POSTGRADUATE SCHOOL.

       Subsection (a) of section 7042 of title 10, United States 
     Code, is amended to read as follows:
       ``(a)(1) The President of the Naval Postgraduate School 
     shall be one of the following:
       ``(A) An officer of the Navy not below the grade of rear 
     admiral (lower half) who is detailed to such position.
       ``(B) A civilian individual having qualifications 
     appropriate to the position of President of the Naval 
     Postgraduate School who is appointed to such position.
       ``(2) The President of the Naval Postgraduate School shall 
     be detailed or assigned to such position under paragraph (1) 
     by the Secretary of the Navy, upon the recommendation of the 
     Chief of Naval Operations.
       ``(3) An individual assigned as President of the Naval 
     Postgraduate School under paragraph (1)(B) shall serve in 
     such position for a term of not more than five years.''.
                                 ______
                                 
  SA 2542. Mr. WARNER (for Mr. DeWine) 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 167, between lines 6 and 7, insert the following:
       (c) Additional Death Gratuity.--In the case of an active 
     duty member of the armed forces who died between October 7, 
     2001, and May 11, 2005, and was not eligible for an 
     additional death gratuity under section 1478(e)(3)(A) of 
     title 10, United States Code (as added by section 1013(b) of 
     Public Law 109-13), the eligible survivors of such decedent 
     shall receive, in addition to the death gratuity available to 
     such survivors under section 1478(a) of such title, an 
     additional death gratuity of $150,000 under the same 
     conditions as provided under section 1478(e)(4) of such 
     title.
                                 ______
                                 
  SA 2543. Mr. WARNER (for Mr. Allen (for himself, Mr. DeWine, and Mr. 
Warner)) proposed an amendment to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of subtitle G of title X, insert:

     SEC. __. SENSE OF SENATE ON AERONAUTICS RESEARCH AND 
                   DEVELOPMENT.

       (a) Findings.--Congress makes the following findings:
       (1) The advances made possible by Government-funded 
     research in emerging aeronautics technologies have enabled 
     longstanding military air superiority for the United States 
     in recent decades.

[[Page S12860]]

       (2) Military aircraft incorporate advanced technologies 
     developed at research centers of the National Aeronautics and 
     Space Administration.
       (3) The vehicle systems program of the National Aeronautics 
     and Space Administration has provided major technology 
     advances that have been used in every major civil and 
     military aircraft developed over the last 50 years.
       (4) It is important for the cooperative research efforts of 
     the National Aeronautics and Space Administration and the 
     Department of Defense that funding of research on military 
     aviation technologies be robust.
       (5) Recent National Aeronautics and Space Administration 
     and independent studies have demonstrated the 
     competitiveness, scientific merit, and necessity of existing 
     aeronautics programs.
       (6) The economic and military security of the United States 
     is enhanced by the continued development of improved 
     aeronautics technologies.
       (7) A national effort is needed to ensure that the National 
     Aeronautics and Space Administration can help meet future 
     aviation needs.
       (b) Sense of Senate.--It is the sense of the Senate that it 
     is in the national security interest of the United States to 
     maintain a strong aeronautics research and development 
     program within the Department of Defense and the National 
     Aeronautics and Space Administration.
                                 ______
                                 
  SA 2544. 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. ___. MODIFICATION OF LIMITED ACQUISITION AUTHORITY FOR 
                   THE COMMANDER OF THE UNITED STATES JOINT FORCES 
                   COMMAND.

       (a) Scope of Authority.--Subsection (a) of section 167a of 
     title 10, United States Code, is amended by striking and 
     ``and acquire'' and inserting ``, acquire, and sustain''.
       (b) Inapplicability to Certain Systems Funded With 
     Operation and Maintenance Funds.--Subsection (d) of such 
     section is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the total expenditure for operation and maintenance 
     is estimated to be $2,000,000 or more.''.
       (c) Extension of Authority.--Subsection (f) of such section 
     is amended--
       (1) by striking ``through 2006'' and inserting ``through 
     2009''; and
       (2) by striking ``September 30, 2006'' and inserting 
     ``September 30, 2009''.
                                 ______
                                 
  SA 2545. Mr. WARNER (for himself, Mr. Levin, and Mr. Bingaman) 
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 X, add the following:

     SEC. __. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL 
                   APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE.

       (a) First Emergency Supplemental To Meet Needs Arising From 
     Hurricane Katrina.--Amounts authorized to be appropriated to 
     the Department of Defense for fiscal year 2005 in the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375) are hereby adjusted, with respect 
     to any such authorized amount, by the amount by which 
     appropriations pursuant to such authorized amount are 
     increased by a supplemental appropriation, or by a transfer 
     of funds, pursuant to the Emergency Supplemental 
     Appropriations Act to Meet Immediate Needs Arising From the 
     Consequences of Hurricane Katrina, 2005 (Public Law 109-61).
       (b) Second Emergency Supplemental To Meet Needs Arising 
     From Hurricane Katrina.--Amounts authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2005 in the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 are hereby adjusted, with respect to 
     any such authorized amount, by the amount by which 
     appropriations pursuant to such authorized amount are 
     increased by a supplemental appropriation, or by a transfer 
     of funds, pursuant to the Second Emergency Supplemental 
     Appropriations Act to Meet Immediate Needs Arising From the 
     Consequences of Hurricane Katrina, 2005 (Public Law 109-62).
       (c) Supplemental Appropriations for Avian Flu 
     Preparedness.--Amounts authorized to be appropriated to the 
     Department of Defense for fiscal year 2006 in this Act are 
     hereby adjusted, with respect to any such authorized amount, 
     by the amount by which appropriations pursuant to such 
     authorized amount are increased by a supplemental 
     appropriation, or by a transfer of funds, arising from the 
     proposal of the Administration relating to avian flu 
     preparedness that was submitted to Congress on November 1, 
     2006.
       (d) Amounts Reallocated for Hurricane-Related Disaster 
     Relief.--Amounts authorized to be appropriated to the 
     Department of Defense for fiscal year 2006 in this Act are 
     hereby adjusted, with respect to any such authorized amount, 
     by the amount by which appropriations pursuant to such 
     authorized amount are increased by a reallocation of funds 
     from the Disaster Relief Fund (DRF) of the Federal Emergency 
     Management Agency arising from the proposal of the Director 
     of the Office of Management and Budget on the reallocation of 
     amounts for hurricane-related disaster relief that was 
     submitted to the President on October 28, 2005, and 
     transmitted to the Speaker of the House of Representatives on 
     that date.
       (e) Amounts for Humanitarian Assistance for Earthquake 
     Victims in Pakistan.--There is authorized to be appropriated 
     as emergency supplemental appropriations for the Department 
     of Defense for fiscal year 2006, $40,000,000 for the use of 
     the Department of Defense for overseas, humanitarian, 
     disaster, and civic aid for the purpose of providing 
     humanitarian assistance to the victims of the earthquake that 
     devastated northern Pakistan on October 8, 2005.
       (f) Reports on Use of Certain Funds.--
       (1) Report on use of emergency supplemental funds.--Not 
     later than six months after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the obligation 
     and expenditure, as of that date, of any funds appropriated 
     to the Department of Defense for fiscal year 2005 pursuant to 
     the Acts referred to in subsections (a) and (b) as authorized 
     by such subsections. The report shall set forth--
       (A) the amounts so obligated and expended; and
       (B) the purposes for which such amounts were so obligated 
     and expended.
       (2) Report on expenditure of reimbursable funds.--The 
     Secretary shall include in the report required by paragraph 
     (1) a statement of any expenditure by the Department of 
     Defense of funds that were reimbursable by the Federal 
     Emergency Management Agency, or any other department or 
     agency of the Federal Government, from funds appropriated in 
     an Act referred to in subsection (a) or (b) to such 
     department or agency.
       (3) Report on use of certain other funds.--Not later than 
     May 15, 2006, and quarterly thereafter through November 15, 
     2006, the Secretary shall submit to the congressional defense 
     committees a report on the obligation and expenditure, during 
     the previous fiscal year quarter, of any funds appropriated 
     to the Department of Defense as specified in subsection (c) 
     and any funds reallocated to the Department as specified in 
     subsection (d). Each report shall, for the fiscal year 
     quarter covered by such report, set forth--
       (A) the amounts so obligated and expended; and
       (B) the purposes for which such amounts were so obligated 
     and expended.
       (g) Report on Assistance for Earthquake Victims in 
     Pakistan.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report describing 
     Department of Defense efforts to provide relief to victims of 
     the earthquake that devastated northern Pakistan on October 
     8, 2005, and assessing the need for further reconstruction 
     and relief assistance.
                                 ______
                                 
  SA 2546. Mr. WARNER (for Mr. Dayton (for himself, Mrs. Murray, and 
Ms. Collins)) proposed an amendment to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. __. SENSE OF SENATE ON CERTAIN MATTERS RELATING TO THE 
                   NATIONAL GUARD AND RESERVES.

       It is the sense of the Senate--
       (1) to recognize the important and integral role played by 
     members of the Active Guard and Reserve and military 
     technicians (dual status) in the efforts of the Armed Forces; 
     and
       (2) to urge the Secretary of Defense to promptly resolve 
     issues relating to appropriate authority for payment of 
     reenlistment bonsuses stemming from reenlistment contracts 
     entered into between January 14, 2005, and April 17, 2005, 
     involving members of the Army National Guard and military 
     technicians (dual status).
                                 ______
                                 
  SA 2547. Mr. WARNER (for Mr. Byrd) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities

[[Page S12861]]

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 XXXIII of division C, add the 
     following:

     SEC. 3302. DISPOSAL OF FERROMANGANESE.

       (a) Disposal Authorized.--The Secretary of Defense may 
     dispose of up to 75,000 tons of ferromanganese from the 
     National Defense Stockpile during fiscal year 2006.
       (b) Contingent Authority for Additional Disposal.--If the 
     Secretary of Defense completes the disposal of the total 
     quantity of ferromanganese authorized for disposal by 
     subsection (a) before September 30, 2006, the Secretary of 
     Defense may dispose of up to an additional 25,000 tons of 
     ferromanganese from the National Defense Stockpile before 
     that date.
       (c) Certification.--The Secretary of Defense may dispose of 
     ferromanganese under the authority of subsection (b) only if 
     the Secretary submits written certification to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives, not later than 30 
     days before the commencement of disposal, that--
       (1) the disposal of the additional ferromanganese from the 
     National Defense Stockpile is in the interest of national 
     defense;
       (2) the disposal of the additional ferromanganese will not 
     cause undue disruption to the usual markets of producers and 
     processors of ferromanganese in the United States; and
       (3) the disposal of the additional ferromanganese is 
     consistent with the requirements and purpose of the National 
     Defense Stockpile.
       (d) Delegation of Responsibility.--The Secretary of Defense 
     may delegate the responsibility of the Secretary under 
     subsection (c) to an appropriate official within the 
     Department of Defense.
       (e) National Defense Stockpile Defined.--In this section, 
     the term ``National Defense Stockpile'' means the stockpile 
     provided for in section 4 of the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98c).
                                 ______
                                 
  SA 2548. Mr. WARNER (for Mr. Reid) 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. __. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT 
                   INITIATIVE MATTERS.

       (a) Inclusion of Additional Facilities Within Initiative.--
     Section 4551(2) of title 10, United States Code, is amended 
     by inserting ``, or a Government-owned, contractor-operated 
     depot for the storage, maintenance, renovation, or 
     demilitarization of ammunition,'' after ``manufacturing 
     facility''.
       (b) Additional Consideration for Use of Facilities.--
     Section 4554(b)(2) of such title is amended by adding at the 
     end the following new subparagraph:
       ``(D) The demilitarization and storage of conventional 
     ammunition.''.
                                 ______
                                 
  SA 2549. 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 D of title XXVIII of division B, add 
     the following:

     SEC. 2887. REQUIRED CONSULTATION WITH STATE AND LOCAL 
                   ENTITIES ON TRANSPORTATION, HOUSING, AND OTHER 
                   INFRASTRUCTURE ISSUES RELATED TO THE ADDITION 
                   OF PERSONNEL OR FACILITIES AT MILITARY 
                   INSTALLATIONS AS PART OF 2005 ROUND OF DEFENSE 
                   BASE CLOSURE AND REALIGNMENT.

       Section 2905(a) of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) is amended by adding at the end the 
     following new paragraph:
       ``(3) In carrying out any closure or realignment under this 
     part that would add personnel or facilities to an existing 
     military installation, the Secretary shall consult with 
     appropriate State and local entities on matters affecting the 
     local community related to transportation, utility 
     infrastructure, housing, schools, and family support 
     activities during the development of plans to implement such 
     closure or realignment.''.
                                 ______
                                 
  SA 2550. Mr. WARNER (for Mr. Lott (for himself 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 for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       At the end of subtitle D of title XXVIII of division B, add 
     the following:

     SEC. 2887. SENSE OF THE SENATE ON REVERSIONARY INTERESTS AT 
                   NAVY HOMEPORTS.

       It is the sense of the Senate that, in implementing the 
     decisions made with respect to Navy homeports as part of the 
     2005 round of defense base closure and realignment, the 
     Secretary of the Navy should, consistent with the national 
     interest and Federal policy supporting cost-free conveyances 
     of Federal surplus property suitable for use as port 
     facilities, release or otherwise relinquish any entitlement 
     to receive, pursuant to any agreement providing for such 
     payment, compensation from any holder of a reversionary 
     interest in real property used by the United States for 
     improvements made to any military installation that is closed 
     or realigned as part of such base closure round.
                                 ______
                                 
  SA 2551. 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 G of title X, add the following:

     SEC. 1073. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE 
                   LABELLE DISCOTHEQUE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Government of Libya should be commended for the 
     steps the Government has taken to renounce terrorism and to 
     eliminate Libya's weapons of mass destruction and related 
     programs; and
       (2) an important priority for improving relations between 
     the United States and Libya should be a good faith effort on 
     the part of the Government of Libya to resolve the claims of 
     members of the Armed Forces of the United States and other 
     United States citizens who were injured in the bombing of the 
     LaBelle Discotheque in Berlin, Germany that occurred in April 
     1986, and of family members of members of the Armed Forces of 
     the United States who were killed in that bombing.
       (b) Reports.--
       (1) Initial report.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of State shall submit 
     to the appropriate congressional committees a report on the 
     status of negotiations between the Government of Libya and 
     United States claimants in connection with the bombing of the 
     LaBelle Discotheque in Berlin, Germany that occurred in April 
     1986, regarding resolution of their claims. The report shall 
     also include information on efforts by the Government of the 
     United States to urge the Government of Libya to make a good 
     faith effort to resolve such claims.
       (2) Update.--Not later than one year after enactment of 
     this Act, the Secretary of State shall submit to the 
     appropriate congressional committees an update of the report 
     required by paragraph (1).
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate and the Committee on Armed 
     Services and the Committee on International Relations of the 
     House of Representatives.
                                 ______
                                 
  SA 2552. Mr. WARNER (for Mr. Kennedy (for himself and Mrs. 
Feinstein)) 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. PROHIBITION ON USE OF FUNDS FOR ROBUST NUCLEAR 
                   EARTH PENETRATOR.

       None of the funds authorized to be appropriated to the 
     Department of Energy under this Act may be made available for 
     the Robust Nuclear Earth Penetrator.
                                 ______
                                 
  SA 2553. Mr. WARNER (for Ms. Snowe (for herself and Ms. Collins)) 
proposed an amendment to the bill S. 1042, to authorize appropriations 
for fiscal year 2006 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       At the end of subtitle D of title XXVIII of division B, add 
     the following:

[[Page S12862]]

     SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT 
                   MILITARY INSTALLATIONS CLOSED OR REALIGNED 
                   UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND 
                   REALIGNMENT.

       (a) Identification of Environmental Condition of 
     Property.--
       (1) In general.--Not later than May 31, 2007, the Secretary 
     of Defense, in consultation with the Administrator of the 
     Environmental Protection Agency, other appropriate Federal 
     agencies, and State, tribal, and local government officials, 
     shall complete an identification of the environmental 
     condition of the real property (including groundwater) of 
     each military installation approved for closure or 
     realignment under the 2005 round of defense base closure and 
     realignment in accordance with section 120(h)(4) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)(4)).
       (2) Results.--
       (A) In general.--As soon as practicable after the date on 
     which an identification under paragraph (1) is completed, the 
     Secretary of Defense shall--
       (i) provide a notice of the results of the identification 
     to--

       (I) the Administrator of the Environmental Protection 
     Agency;
       (II) the head of any other appropriate Federal agency, as 
     determined by the Secretary; and
       (III) any affected State or tribal government official, as 
     determined by the Secretary; and

       (ii) publish in the Federal Register the results of the 
     identification.
       (B) Request for concurrence.--The Secretary shall include 
     in a notice provided under subclause (I) or (III) of 
     subparagraph (A)(i) a request for concurrence with the 
     identification in such form as the Secretary determines to be 
     appropriate.
       (3) Concurrence.--
       (A) In general.--An identification under paragraph (1) 
     shall not be considered to be complete until--
       (i) for a property that is a site, or part of a site, on 
     the National Priorities List developed by the President in 
     accordance with section 105(a)(8)(B) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605(a)(8)(B)), the date on which the 
     Administrator of the Environmental Protection Agency and each 
     appropriate State and tribal government official concur with 
     the identification; and
       (ii) for any property that is not a site described in 
     clause (i), the date on which each appropriate State and 
     tribal government official concurs with the identification.
       (B) Failure to act.--The Administrator, or a State or 
     tribal government official, shall be considered to concur 
     with an identification under paragraph (1) if the 
     Administrator or government official fails to make a 
     determination with respect to a request for concurrence with 
     such identification under paragraph (2)(B) by not later than 
     90 days after the date on which such request for concurrence 
     is received.
       (b) Expediting Environmental Response.--The Secretary of 
     Defense shall coordinate with appropriate Federal, State, 
     tribal, and local governmental officials, as determined by 
     the Secretary, to expedite environmental response at military 
     installations approved for closure or realignment under the 
     2005 round of defense base closure and realignment.
       (c) Report.--The Secretary shall submit to Congress, as 
     part of each annual report under section 2706 of title 10, 
     United States Code, a report describing any progress made in 
     carrying out this section.
       (d) Effect of Section.--Nothing in this section affects any 
     obligation of the Secretary with respect to any other Federal 
     or State requirement relating to--
       (1) the environment; or
       (2) the transfer of property.
                                 ______
                                 
  SA 2554. Mr. WARNER (for Ms. Snowe) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 2887. SENSE OF CONGRESS ON LIMITATION ON TRANSFER OF 
                   UNITS FROM CLOSED AND REALIGNED MILITARY 
                   INSTALLATIONS PENDING READINESS OF RECEIVING 
                   LOCATIONS.

       (a) Findings.--
       (1) The Commission on Review of Overseas Military Facility 
     Structure of the United States, also known as the Overseas 
     Basing Commission, transmitted a report to the President and 
     Congress on August 15, 2005, that discussed considerations 
     for the return to the United States of up to 70,000 service 
     personnel and 100,000 family members and civilian employees 
     from overseas garrisons.
       (2) The 2005 Base Closure and Realignment Commission 
     released a report on September 8, 2005, to the President that 
     assessed the closure and realignment decisions of the 
     Department of Defense, which would affect 26,830 military 
     personnel positions.
       (3) Both of these reports expressed concerns that massive 
     movements of units, service personnel, and families may 
     disrupt unit operational effectiveness and the quality of 
     life for family members if not carried out with adequate 
     planning and resources.
       (4) The 2005 Base Closure and Realignment Commission, in 
     its decision to close Fort Monmouth, included a provision 
     requiring the Secretary of Defense to provide a report that 
     ``movement of organizations, functions, or activities from 
     Fort Monmouth to Aberdeen Proving Ground will be accomplished 
     without disruption of their support to the Global War on 
     Terrorism or other critical contingency operations, and that 
     safeguards exist to ensure that necessary redundant 
     capabilities are put in place to mitigate potential 
     degradation of such support, and to ensure maximum retention 
     of critical workforce''.
       (5) The Overseas Basing Commission found that ``base 
     closings at home along with the return of yet additional 
     masses of service members and dependents from overseas will 
     have major impact on local communities and the quality of 
     life that can be expected. Movements abroad from established 
     bases into new locations, or into locations already in use 
     that will be put under pressure by increases in populations, 
     will impact on living conditions.''
       (6) The Overseas Basing Commission notes that the four most 
     critical elements of quality of life as they relate to 
     restructuring of the global defense posture are housing, 
     military child education, healthcare, and service member and 
     family services.
       (7) The Overseas Basing Commission recommended that 
     ``planners must take a `last day-first day' approach to the 
     movement of units and families from one location to 
     another'', meaning that they must maintain the support 
     infrastructure for personnel until the last day they are in 
     place and must have the support infrastructure in place on 
     the first day troops arrive in the new location.
       (8) The Overseas Basing Commission further recommended that 
     it is ``imperative that the `last day-first day' approach 
     should be taken whether the movement is abroad from one 
     locale to another, from overseas to the United States, or 
     from one base in CONUS [the continental United States] to yet 
     another as a result of base realignment and closures''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should not transfer any unit from a 
     military installation closed or realigned due to the 
     relocation of forces under the Integrated Global Presence and 
     Basing Strategy or the 2005 round of defense base closure and 
     realignment until adequate facilities and infrastructure 
     necessary to support the unit's mission and quality of life 
     requirements for military families are ready for use at the 
     receiving location.
                                 ______
                                 
  SA 2555. Mr. WARNER (for Mr. Hagel) 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:

       In Title VI, subtitle E, at the end, insert the following:

     SEC. __. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN 
                   INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF 
                   THE RESERVE AND NATIONAL GUARD.

       Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C. 
     1383(j)(1)(B)) is amended by inserting ``(24 consecutive 
     months, in the case of such an individual whose ineligibility 
     for benefits under or pursuant to both such sections is a 
     result of being called to active duty pursuant to section 
     12301(d) or 12302 of title 10, United States Code, or section 
     502(f) of title 32, United States Code)'' after ``for a 
     period of 12 consecutive months''.
                                 ______
                                 
  SA 2556. 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:

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

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

       (a) Findings.--The Senate makes the following findings:
       (1) Section 3169 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     42 U.S.C. 7384 note) requires the National Institute for 
     Occupational Safety and Health to submit, not later than 
     December 31, 2006, an update to the October 2003 report of 
     the Institute on residual beryllium contamination at 
     Department of Energy vendor facilities.
       (2) The American Beryllium Company, Tallevast, Florida, 
     machined beryllium for the Department of Energy's Oak Ridge 
     Y-12, Tennessee, and Rocky Flats, Colorado, facilities from 
     1967 until 1992.

[[Page S12863]]

       (3) The National Institute for Occupational Safety and 
     Health has completed its evaluation of residual beryllium 
     contamination at the American Beryllium Company.
       (4) Workers at the American Beryllium Company and other 
     affected companies should be made aware fo the site-specific 
     results of the study as soon as such results are available.
       (b) Sense of the Senate.--It is the sense of the Senate to 
     urge the Director of the National Institute for Occupational 
     Safety and Health--
       (1) to provide to Congress interim reports of residual 
     beryllium contamination at facilities not later than 14 days 
     after completing the internal review of such reports; and
       (2) to publish in the Federal Register summaries of the 
     findings of such reports, including the dates of any 
     significant residual beryllium contamination, at such time as 
     the reports are provided to Congress under paragraph (1).
                                 ______
                                 
  SA 2557. Mr. WARNER (for Mr. Graham) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. __. COMPTROLLER GENERAL REPORT ON EXPANDED PARTNERSHIP 
                   BETWEEN THE DEPARTMENT OF DEFENSE AND THE 
                   DEPARTMENT OF VETERANS AFFAIRS ON THE PROVISION 
                   OF HEALTH CARE SERVICES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the appropriate committees 
     of Congress a report on the feasibility of an expanded 
     partnership between the Department of Defense and the 
     Department of Veterans Affairs for the provision of health 
     care services.
       (b) Report Elements.--The report required by subsection (a) 
     shall include the following:
       (1) An overview of the current health care systems of the 
     Department of Defense and the Department of Veterans Affairs, 
     including--
       (A) the total number of eligible beneficiaries in each 
     system as of September 30, 2005;
       (B) the total number of current consumers of health care 
     services in each system as of that date;
       (C) the total cost of each system in the most recent fiscal 
     year for which complete cost data for both systems exists;
       (D) the annual workload or production of health care by 
     beneficiary category in each system in the most recent fiscal 
     year for which complete data on workload or production of 
     health care for both systems exists;
       (E) the total cost of health care by beneficiary category 
     in each system in the most recent fiscal year for which 
     complete cost data for both systems exists;
       (F) the total staffing of medical and administrative 
     personnel in each system as of September 30, 2005;
       (G) the number and location of facilities, including both 
     hospitals and clinics, operated by each system as of that 
     date; and
       (H) the size, capacity, and production of graduate medical 
     education programs in each system as of that date.
       (2) A comparative analysis of the characteristics of each 
     health care system, including a determination and comparative 
     analysis of--
       (A) the mission of such systems;
       (B) the demographic characteristics of the populations 
     served by such systems;
       (C) the categories of eligibility for health care services 
     in such systems;
       (D) the nature of benefits available by beneficiary 
     category in such systems;
       (E) access to and quality of health care services in such 
     systems;
       (F) the out-of-pocket expenses for health care by 
     beneficiary category in such systems;
       (G) the structure and methods of financing the care for all 
     categories of beneficiaries in such systems;
       (H) the management and acquisition of medical equipment and 
     supplies in such systems, including pharmaceuticals and 
     prosthetic and other medical assistive devices;
       (I) the mix of health care services available in such 
     systems;
       (J) the current inpatient and outpatient capacity of such 
     systems; and
       (K) the human resource systems for medical personnel in 
     such systems, including the rates of compensation for 
     civilian employees.
       (3) A summary of current sharing efforts between the health 
     care systems of the Department of Defense and the Department 
     of Veterans Affairs.
       (4) An assessment of the advantages and disadvantages for 
     military retirees and their dependents participating in the 
     health care system of the Department of Veterans Affairs of 
     an expanded partnership between the health care systems of 
     the Department of Defense and the Department of Veterans 
     Affairs, with a separate assessment to be made for--
       (A) military retirees and dependents under the age of 65; 
     and
       (B) military retirees and dependents over the age of 65.
       (5) Projections for the future growth of health care costs 
     for retirees and veterans in the health care systems of the 
     Department of Defense and the Department of Veterans Affairs, 
     including recommendations on mechanisms to ensure more 
     effective and higher quality services in the future for 
     military retirees and veterans now served by both systems.
       (6) Options for means of achieving a more effective 
     partnership between the health care systems of the Department 
     of Defense and the Department of Veterans Affairs, including 
     options for the expansion of, and enhancement of access of 
     military retirees and their dependents to, the health care 
     system of the Department of Veterans Affairs.
       (c) Solicitation of View.--In preparing the report required 
     by subsection (a), the Comptroller General shall seek the 
     views of representatives of military family organizations, 
     military retiree organizations, and organizations 
     representing veterans and their families.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services and Veterans Affairs' 
     of the Senate; and
       (2) the Committees on Armed Services and Veterans Affairs' 
     of the House of Representatives.
                                 ______
                                 
  SA 2558. Mr. WARNER (for 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:

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

     SEC. __. GRANTS FOR LOCAL WORKFORCE INVESTMENT BOARDS FOR 
                   SERVICES FOR CERTAIN SPOUSES OF MEMBERS OF THE 
                   ARMED FORCES.

       (a) Grants Authorized.--The Secretary of Defense may, from 
     any funds authorized to be appropriated to the Department of 
     Defense, and in consultation with the Department of Labor, 
     make grants to local workforce investments boards established 
     under section 117 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2832), or consortia of such boards, in order to permit 
     such boards or consortia of boards to provide services to 
     spouses of members of the Armed Forces described in 
     subsection (b).
       (b) Covered Spouses.--Spouses of members of the Armed 
     Forces described in this subsection are spouses of members of 
     the Armed Forces on active duty, which spouses--
       (1) have experienced a loss of employment as a direct 
     result of relocation of such members to accommodate a 
     permanent change in duty station; or
       (2) are in a family whose income is significantly reduced 
     due to--
       (A) the deployment of such members;
       (B) the call or order of such members to active duty in 
     support of a contingency operation pursuant to a provision of 
     law referred to in section 101(a)(13)(B) of title 10, United 
     States Code;
       (C) a permanent change in duty station of such members; or
       (D) the incurral by such members of a service-connected 
     disability (as that term is defined in section 101(16) of 
     title 38, United States Code).
       (c) Regulations.--Any grants made under this section shall 
     be made pursuant to regulations prescribed by the Secretary 
     in consultation with the Department of Labor. Such regulation 
     shall set forth--
       (1) criteria for eligibility of workforce investment boards 
     for grants under this section;
       (2) requirements for applications for such grants; and
       (3) the nature of services to be provided using such 
     grants.
                                 ______
                                 
  SA 2559. 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 C of title III, add the following:

     SEC. __. REST AND RECUPERATION LEAVE PROGRAMS.

       (a) Availability of Funds For Reimbursement of Expenses.--
     Of the amount authorized to be appropriated by section 301(5) 
     for operation and maintenance for Defense-wide activities, 
     $7,000,000 may be available for the reimbursement of expenses 
     of the Armed Forces Recreation Centers related to the 
     utilization of the facilities of the Armed Forces Recreation 
     Centers under official Rest and Recuperation Leave Programs 
     authorized by the military departments or combatant 
     commanders.

[[Page S12864]]

       (b) Utilization of Reimbursements.--Amounts received by the 
     Armed Forces Recreation Centers under subsection (a) as 
     reimbursement for expenses may be utilized by such Centers 
     for facility maintenance and repair, utility expenses, 
     correction of health and safety deficiencies, and routine 
     ground maintenance.
       (c) Regulations.--The utilization of facilities of the 
     Armed Forces Recreation Centers under Rest and Recuperation 
     Leave Programs, and reimbursement for expenses related to 
     such utilization of such facilities, shall be subject to 
     regulations prescribed by the Secretary of Defense.
                                 ______
                                 
  SA 2560. Mr. WARNER (for Mr. Feingold) 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. __. REPORT ON INFORMATION ON STOP LOSS AUTHORITIES GIVEN 
                   TO ENLISTEES IN THE ARMED FORCES.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense began retaining selected 
     members of the Armed Forces beyond their contractual date of 
     separation from the Armed Forces, a policy commonly known as 
     ``stop loss'', shortly after the events of September 11, 
     2001, and for the first time since Operation Desert Shield/
     Desert Storm.
       (2) The Marine Corps, Navy, and Air Force discontinued 
     their use of stop loss authority in 2003. According to the 
     Department of Defense, a total of 8,992 marines, 2,600 
     sailors, and 8,500 airmen were kept beyond their separation 
     dates under that authority.
       (3) The Army is the only Armed Force currently using stop 
     loss authority. The Army reports that, during September 2005, 
     it was retaining 6,929 regular component soldiers, 3,002 
     soldiers in the National Guard, and 2,847 soldiers in the 
     Army Reserve beyond their separation date. The Army reports 
     that it has not kept an account of the cumulative number of 
     soldiers who have been kept beyond their separation date.
       (4) The Department of Defense Form 4/1, Enlistment/
     Reenlistment Document does not give notice to enlistees and 
     reenlistees in the regular components of the Armed Forces 
     that they may be kept beyond their contractual separation 
     date during times of partial mobilization.
       (5) The Department of Defense has an obligation to clearly 
     communicate to all potential enlistees and reenlistees in the 
     Armed Forces their terms of service in the Armed Forces.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the actions being taken to ensure that each individual being 
     recruited for service in the Armed Forces is provided, before 
     making a formal enlistment in the Armed Forces, precise and 
     detailed information on the period or periods of service to 
     which such individual may be obligated by reason of 
     enlistment in the Armed Forces, including any revisions to 
     Department of Defense Form 4/1.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) a description of how the Department informs enlistees 
     in the Armed Forces on--
       (i) the so-called ``stop loss'' authority and the manner in 
     which exercise of such authority could affect the duration of 
     an individual's service on active duty in the Armed Forces;
       (ii) the authority for the call or order to active duty of 
     members of the Individual Ready Reserve and the manner in 
     which such a call or order to active duty could affect an 
     individual following the completion of the individual's 
     expected period of service on active duty or in the 
     Individual Ready Reserve; and
       (iii) any other authorities applicable to the call or order 
     to active duty of the Reserves, or of the retention of 
     members of the Armed Forces on active duty, that could affect 
     the period of service of an individual on active duty or in 
     the Armed Forces; and
       (B) such other information as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 2561. 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 G of title X of division A, add the 
     following:

     SEC. 1073. COAL-TO-LIQUID FUEL DEVELOPMENT PLAN.

       (a) Definition of Designated Committees.--In this section, 
     the term ``designated committees'' means--
       (1) the Committees on Armed Services, Energy and Natural 
     Resources, and Appropriations of the Senate; and
       (2) the Committees on Armed Services, Energy and Commerce, 
     and Appropriations of the House of Representatives.
       (b) Development Plan and Report.--Not later than 90 days 
     after the date of enactment of this Act, using amounts 
     available to the Department of Defense and the National 
     Energy Technology Laboratory of the Department of Energy--
       (1) the Secretary of Energy, in coordination with the 
     Secretary of Defense, shall prepare and submit to the 
     designated committees a development plan for a coal-to-liquid 
     fuels program; and
       (2) the Secretary of Defense, in coordination with the 
     Secretary of Energy, shall prepare and submit to the 
     designated committees a report on the potential use of the 
     fuels by the Department of Defense.
       (c) Requirements.--The development plan described in 
     subsection (b)(1) shall be prepared taking into 
     consideration--
       (1) technology needs and developmental barriers;
       (2) economic and national security effects;
       (3) environmental standards and carbon capture and storage 
     opportunities;
       (4) financial incentives;
       (5) timelines and milestones;
       (6) diverse regions having coal reserves that would be 
     suitable for liquefaction plants;
       (7) coal-liquid fuel testing to meet civilian and military 
     engine standards and markets; and
       (8) any roles other Federal agencies, State governments, 
     and international entities could play in developing a coal-
     to-liquid fuel industry.
                                 ______
                                 
  SA 2562. Mr. WARNER (for Mr. Craig (for himself, Mr. Roberts, Mr. 
Brownback, Ms. Mikulski, Mr. Warner, 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:

       At the appropriate place, insert the following:

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

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

[[Page S12865]]

       (e) Savings Provision.--The amendments made by subsections 
     (a), (b), and (c) shall not apply to any person whose 
     sentence for a Federal capital crime or a State capital crime 
     (as such terms are defined in section 2411(d) of title 38, 
     United States Code) was commuted by the President or the 
     Governor of a State.
                                 ______
                                 
  SA 2563. Mr. WARNER (for Mr. Feingold) 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. __. ANNUAL REPORTS ON BUDGETING RELATING TO KEY MILITARY 
                   EQUIPMENT.

       (a) In General.--Chapter 9 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 234. Budgeting for key military equipment: annual 
       reports

       ``(a) Annual Report Required.--The Secretary of Defense 
     shall submit to Congress each year, at or about the time that 
     the budget of the President is submitted to Congress that 
     year under section 1105(a) of title 31, a report on the 
     budgeting of the Department of Defense for key military 
     equipment.
       ``(b) Report Elements.--The report required by subsection 
     (a) for a year shall set forth the following:
       ``(1) A description of the current strategies of the 
     Department of Defense for sustaining key military equipment, 
     and for any modernization that will be required of such 
     equipment.
       ``(2) A description of the amounts required for the 
     Department for the fiscal year beginning in such year in 
     order to fully fund the strategies described in paragraph 
     (1).
       ``(3) A description of the amounts requested for the 
     Department for such fiscal year in order to fully fund such 
     strategies.
       ``(4) A description of the risks, if any, of failing to 
     fund such strategies in the amounts required to fully fund 
     such strategies (as specified in paragraph (2)).
       ``(5) A description of the actions being taken by the 
     Department of Defense to mitigate the risks described in 
     paragraph (4).
       ``(c) Key Military Equipment Defined.--In this section, the 
     term `key military equipment'--
       ``(1) means--
       ``(A) major weapons systems that are essential to 
     accomplishing the national defense strategy; and
       ``(B) other military equipment, such as major command, 
     communications, computer intelligence, surveillance, and 
     reconnaissance (C4ISR) equipment and systems designed to 
     prevent fratricide, that is critical to the readiness of 
     military units; and
       ``(2) includes equipment reviewed in the report of the 
     Comptroller General of the United States numbered GAO-06-
     141.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``234. Budgeting for key military equipment: annual reports.''.
                                 ______
                                 
  SA 2564. Mr. WARNER (for Mr. Martinez (for himself and 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 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 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 2565. Mr. WARNER (for Mr. McCain) 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 V, add the following:

     SEC. __. SENSE OF SENATE ON APPLICABILITY OF UNIFORM CODE OF 
                   MILITARY JUSTICE TO RESERVES ON INACTIVE-DUTY 
                   TRAINING OVERSEAS.

       It is the sense of the Senate that--
       (1) there should be no ambiguity about the applicability of 
     the Uniform Code of Military Justice (UCMJ) to members of the 
     reserve components of the Armed Forces while serving overseas 
     under inactive-duty training (IDT) orders for any period of 
     time under such orders; and
       (2) the Secretary of Defense should--
       (A) take action, not later than February 1, 2006, to 
     clarify jurisdictional issues relating to such applicability 
     under section 802 of title 10, United States Code (article 2 
     of the Uniform Code of Military Justice); and
       (B) if necessary, submit to Congress a proposal for 
     legislative action to ensure the applicability of the Uniform 
     Code of Military Justice to members of the reserve components 
     of the Armed Forces while serving overseas under inactive-
     duty training orders.
                                 ______
                                 
  SA 2568. Mr. WARNER (for Mr. McConnell) 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. __. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN 
                   OPERATION ENDURING FREEDOM AND OPERATION IRAQI 
                   FREEDOM.

       (a) Finding.--Congress finds that it is both right and 
     appropriate that, upon their return from Operation Enduring 
     Freedom in Afghanistan and Operation Iraqi Freedom in Iraq, 
     all soldiers, sailors, marines, and airmen in the Armed 
     Forces who served in those operations be honored and 
     recognized for their achievements, with appropriate 
     ceremonies, activities, and awards commemorating their 
     sacrifice and service to the United States and the cause of 
     freedom in the Global War on Terrorism.
       (b) Celebration Honoring Military Efforts in Operation 
     Enduring Freedom and

[[Page S12866]]

     Operation Iraqi Freedom.--The President may, at the sole 
     discretion of the President--
       (1) designate a day of celebration to honor the soldiers, 
     sailors, marines, and airmen of the Armed Forces who have 
     served in Operation Enduring Freedom or Operation Iraqi 
     Freedom and have returned to the United States; and
       (2) issue a proclamation calling on the people of the 
     United States to observe that day with appropriate ceremonies 
     and activities.
       (c) Participation of Armed Forces in Celebration.--
       (1) Participation authorized.--Members and units of the 
     Armed Forces may participate in activities associated with 
     the day of celebration designated under subsection (b) that 
     are held in Washington, District of Columbia.
       (2) Availability of funds.--Subject to paragraph (4), 
     amounts authorized to be appropriated for the Department of 
     Defense may be used to cover costs associated with the 
     participation of members and units of the Armed Forces in the 
     activities described in paragraph (1).
       (3) Acceptance of private contributions.--(A) 
     Notwithstanding any other provision of law, the Secretary of 
     Defense may accept cash contributions from private 
     individuals and entities for the purposes of covering the 
     costs of the participation of members and units of the Armed 
     Forces in the activities described in paragraph (1). Amounts 
     so accepted shall be deposited in an account established for 
     purposes of this paragraph.
       (B) Amounts accepted under subparagraph (A) may be used for 
     the purposes described in that subparagraph until expended.
       (4) Limitation.--The total amount of funds described in 
     paragraph (2) that are available for the purpose set forth in 
     that paragraph may not exceed the amount equal to--
       (A) $20,000,000, minus
       (B) the amount of any cash contributions accepted by the 
     Secretary under paragraph (3).
       (d) Award of Recognition Items.--
       (1) Authority to award.--Under regulations prescribed by 
     the Secretary of Defense, appropriate recognition items may 
     be awarded to any individual who served honorably as a member 
     of the Armed Forces in Operation Enduring Freedom or 
     Operation Iraqi Freedom during the Global War on Terrorism. 
     The purpose of the award of such items is to recognize the 
     contribution of such individuals to the success of the United 
     States in those operations.
       (2) Recognition items defined.--In this subsection, the 
     term ``recognition items'' means recognition items authorized 
     for presentation under section 2261 of title 10, United 
     States Code (as amended by section 593(a) of this Act).
                                 ______
                                 
  SA 2567. Mr. WARNER (for Mr. McConnell) 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 310, in the table following line 16, insert after 
     the item relating to Fort Campbell, Kentucky, the following:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                    Fort Knox...........      $4,600,000
------------------------------------------------------------------------


       On page 311, in the table preceding line 1, strike the 
     amount identified as the total in the amount column and 
     insert ``$1,199,722,000''.

       On page 317, between lines 3 and 4, insert the following:

     SEC. 2105. CONSTRUCTION OF BATTALION DINING FACILITIES, FORT 
                   KNOX, KENTUCKY.

       (a) Authorization of Appropriations.--The amount authorized 
     to be appropriated by section 2104(a) for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Army and the amount of 
     such funds authorized by paragraph (1) of such subsection for 
     military construction projects inside the United States are 
     each hereby decreased by $3,600,000.
       (b) Use of Funds.--Of the amount authorized to be 
     appropriated by section 2104(a)(1) for the Department of the 
     Army and available for military construction at Fort Knox, 
     Kentucky, $4,600,000 is available for the construction of 
     battalion dining facilities at Fort Knox.
                                 ______
                                 
  SA 2568. 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 A of title IX, add the following:

     SEC. __. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS 
                   MILITARY ADVISERS TO THE HOMELAND SECURITY 
                   COUNCIL.

       (a) Responsibility as Military Advisers.--
       (1) In general.--Subsection (b) of section 151 of title 10, 
     United States Code, is amended--
       (A) in paragraph (1), by inserting ``the Homeland Security 
     Council,'' after ``the National Security Council,''; and
       (B) in paragraph (2), by inserting ``the Homeland Security 
     Council,'' after ``the National Security Council,''.
       (2) Consultation by chairman.--Subsection (c)(2) of such 
     section is amended by inserting ``the Homeland Security 
     Council,'' after ``the National Security Council,'' both 
     places it appears.
       (3) Advice and opinions of members other than chairman.--
     Subsection (d) of such section is amended--
       (A) in paragraph (1), by inserting ``the Homeland Security 
     Council,'' after ``the National Security Council,'' both 
     places it appears; and
       (B) in paragraph (2), by inserting ``the Homeland Security 
     Council,'' after ``the National Security Council,''.
       (4) Advice on request.--Subsection (e) of such section is 
     amended by inserting ``the Homeland Security Council,'' after 
     ``the National Security Council,'' both places it appears.
       (b) Attendance at Meeting of Homeland Security Council.--
     Section 903 of the Homeland Security Act of 2002 (6 U.S.C. 
     493) is amended--
       (1) by inserting ``(a) Members.--'' before ``The members''; 
     and
       (2) by adding at the end the following new subsection:
       ``(b) Attendance of Chairman of Joint Chiefs of Staff at 
     Meetings.--The Chairman of the Joint Chiefs of Staff (or, in 
     the absence of the Chairman, the Vice Chairman of the Joint 
     Chiefs of Staff) may, in the role of the Chairman of the 
     Joint Chiefs of Staff as principal military adviser to the 
     Homeland Security Council and subject to the direction of the 
     President, attend and participate in meetings of the Homeland 
     Security Council.''.
                                 ______
                                 
  SA 2569. Mr. WARNER (for 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 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 2570. 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

[[Page S12867]]

for the Armed Forces, and for other purposes; as follows:

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

     SEC. __. INCLUSION OF PACKET BASED TELEPHONY IN DEPARTMENT OF 
                   DEFENSE TELECOMMUNICATIONS BENEFIT.

       (a) Inclusion in Benefit.--Subsection (a) of section 344 of 
     the National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 117 Stat. 1448) is amended by inserting 
     ``packet based telephony service,'' after ``prepaid phone 
     cards,''.
       (b) Inclusion of Internet Telephony in Deployment of 
     Additional Telephone Equipment.--Subsection (e) of such 
     section is amended--
       (1) by inserting ``or Internet service'' after ``additional 
     telephones'';
       (2) by inserting ``or packet based telephony'' after ``to 
     facilitate telephone''; and
       (3) by inserting ``or Internet access'' after 
     ``installation of telephones''.
       (c) Conforming Amendments.--Such section is further 
     amended--
       (1) in the subsection caption of subsection (a), by 
     striking ``Prepaid Phone Cards'' and inserting ``Benefit''; 
     and
       (2) in the subsection caption of subsection (e), by 
     inserting ``or Internet Access'' after ``Telephone 
     Equipment''.
                                 ______
                                 
  SA 2571. Mr. WARNER (for Ms. Collins) (for herself and Ms. Snowe)) 
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 VIII, add the following:

     SEC. __. SENSE OF SENATE ON APPLICABILITY OF COMPETITION 
                   EXCEPTIONS TO ELIGIBILITY OF NATIONAL GUARD FOR 
                   FINANCIAL ASSISTANCE FOR PERFORMANCE OF 
                   ADDITIONAL DUTIES.

       It is the sense of the Senate that the amendment made by 
     section 806 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2010) permits the Secretary of Defense to provide 
     financial assistance to the Army National Guard for the 
     performance of additional duties specified in section 113(a) 
     of title 32, United States Code, without the use of 
     competitive procedures under the standard exceptions to the 
     use of such procedures in accordance with section 2304(c) of 
     title 10, United States Code.
                                 ______
                                 
  SA 2572. Mr. WARNER (for Mr. Durbin) (for himself, Mr. Vitter, Mr. 
Wyden, Mr. Dayton, Ms. Landrieu, Mr. Chambliss, Mr. Isakson, and Mr. 
Schumer)) 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:

     SEC. __. VETERANS PREFERENCE ELIGIBILITY FOR MILITARY 
                   RESERVISTS.

       (a) Short Title.--This section may be cited as the 
     ``Reservist Access to Veterans Preference Act''.
       (b) Veterans Preference Eligibility.--Section 2108(1) of 
     title 5, United States Code, is amended by striking 
     ``separated from'' and inserting ``discharged or released 
     from active duty in''.
       (c) Savings Provision.--Nothing in the amendment made by 
     subsection (b) may be construed to affect a determination 
     made before the date of enactment of this Act that an 
     individual is preference eligible (as defined in section 
     2108(3) of title 5, United States Code).
                                 ______
                                 
  SA 2573. Mr. WARNER (for Mr. DeWine) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 718. STUDY AND REPORT ON CIVILIAN AND MILITARY 
                   PARTNERSHIP PROJECT.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the feasibility of conducting a military and civilian 
     partnership project to permit employees of the Department of 
     Defense and of a non-profit health care entity to jointly 
     staff and provide health care services to military personnel 
     and civilians at a Department of Defense military treatment 
     facility.
       (b) Report.--Not later than December 31, 2006, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the study required 
     by subsection (a).
                                 ______
                                 
  SA 2574. Mr. WARNER (for Ms. Snowe) 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 in title VIII, insert:
       Sec. __ Contracting Incentive for Small Power Plants on 
     Former Military Bases.
       (A) Authorization.--Notwithstanding the limitation in 
     Section 501(b)(1)(B) of title 40, United States Code, the 
     Administrator of the General Services Administration is 
     authorized to contract for public utility services for a 
     period of not more than 20 years, provided that such services 
     are electricity services procured from a small power plant 
     located on a qualified HUBZone base closure area.
       (B) Definition of small power plant.--In this section, the 
     term small power plant includes any power facility or project 
     with electrical output of not more than 60 Megawatts.
       (C) Definition of public utility electric services.--In 
     this section, the term `public utility services', with 
     respect to electricity services, includes electricity 
     supplies and services, including transmission, generation, 
     distribution, and other services directly used in providing 
     electricity.''
       (D) Definition of hubzone base closure area: In this 
     section, the term ``HUBZone base closure area'' has the same 
     meaning as such term is defined in Section 3(P)(4)(D) the 
     Small Business Act, 15 USC 632(p)(4)(D).
       (E) Applicability of other provisions of law.--Contracting 
     pursuant to this section shall be subject to all other laws 
     and regulations applicable to contracting for public utility 
     services.
                                 ______
                                 
  SA 2575. Mr. WARNER (for himself and Mr. McCain) 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. __. EXTENSION OF ANNUAL REPORTS ON MATURITY OF 
                   TECHNOLOGY AT INITIATION OF MAJOR DEFENSE 
                   ACQUISITION PROGRAMS.

       Section 804(a) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1180) is 
     amended by striking ``through 2006'' and inserting ``through 
     2010''.
                                 ______
                                 
  SA 2576. 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:

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

     SEC. 2602. NATIONAL GUARD CONSTRUCTION PROJECTS.

       (a) Army National Guard at Camp Dawson, West Virginia.--
       (1) Authorization of appropriations.--The amount authorized 
     to be appropriated by section 2601(1)(A) for the Department 
     of the Army for the Army National Guard of the United States 
     is hereby increased by $4,500,000.
       (2) Use of funds.--Of the amount authorized to be 
     appropriated by section 2601(1)(A) for the Department of the 
     Army for the Army National Guard of the United States, as 
     increased by paragraph (1), $4,500,000 is available for the 
     construction of a readiness center at Camp Dawson, West 
     Virginia.
       (3) Offset.--The amount authorized to be appropriated by 
     section 2601(3)(A) for the Department of the Air Force for 
     the Air National Guard of the United States, and available 
     for the construction of a bridge/gate house/force protection 
     entry project at Camp Yeager, West Virginia, is hereby 
     decreased by $4,500,000.
       (b) Air National Guard at Eastern West Virginia Regional 
     Airport.--Of the amount authorized to be appropriated by 
     section 2603(3)(A) for the Department of the Air Force for 
     the Air National Guard of the United States, and otherwise 
     available for the construction of a bridge/gate house/force 
     protection entry project at Yeager Air National Guard Base, 
     West Virginia, $2,000,000 shall be available instead for C-5 
     aircraft shop upgrades at Eastern West Virginia Regional 
     Airport, Shepherd Field, Martinsburg, West Virginia.
                                 ______
                                 
  SA 2577. 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

[[Page S12868]]

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. __. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY 
                   READINESS.

       (a) Finding.--Congress finds that the Ministry of Defence 
     of the United Kingdom has determined, as a result of a 
     recently conducted study of the effect of windmill farms on 
     military readiness, not to permit construction of windmill 
     farms within 30 kilometers of military radar installations.
       (b) Report Required.--Not later than 180 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 report on the 
     effects of windmill farms on military readiness, including an 
     assessment of the effects on the operations of military radar 
     installations of the proximity of windmill farms to such 
     installations and of technologies that could mitigate any 
     adverse effects on military operations identified.
                                 ______
                                 
  SA 2578. Mr. WARNER proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. __. REPORT ON ADVANCED TECHNOLOGIES FOR NUCLEAR POWER 
                   REACTORS IN THE UNITED STATES.

       (a) Report Required.--Not later than six months after the 
     date of the enactment of this Act, the Secretary of Energy 
     shall submit to Congress a report on advanced technologies 
     for nuclear power reactors in the United States.
       (b) Report Elements.--The report required by subsection (a) 
     shall include the following:
       (1) A description and assessment of technologies under 
     development for advanced nuclear power reactors that offer 
     the potential for further enhancements of the safety 
     performance of nuclear power reactors.
       (2) A description and assessment of technologies under 
     development for advanced nuclear power reactors that offer 
     the potential for further enhancements of proliferation-
     resistant nuclear power reactors.
       (c) Form of Report.--The information in the report required 
     by subsection (a) shall be presented in manner and format 
     that facilitates the dissemination of such information to, 
     and the understanding of such information by, the general 
     public.
                                 ______
                                 
  SA 2579. Mr. WARNER (for Mr. Bayh) 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. __. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.

       (a) Quarterly Reports.--At the same time the Secretary of 
     Defense submits to Congress each report on stability and 
     security in Iraq that is submitted to Congress after the date 
     of the enactment of this Act under the Joint Explanatory 
     Statement of the Committee on Conference to accompany the 
     conference report on the bill H.R. 1268 of the 109th 
     Congress, the Secretary of Defense and appropriate personnel 
     of the Central Intelligence Agency shall provide the 
     appropriate committees of Congress a briefing on the strategy 
     for the war in Iraq, including the measures of evaluation 
     utilized in determining the progress made in the execution of 
     that strategy.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services and Appropriations of 
     the Senate; and
       (2) the Committees on Armed Services and Appropriations of 
     the House of Representatives.
                                 ______
                                 
  SA 2580. Mr. SANTORUM (for Mr. Frist) proposed an amendment to the 
bill H.R. 1499, To amend the Internal Revenue Code of 1986 to allow 
members of the Armed Forces serving in a combat zone to make 
contributions to their individual retirement plans even if the 
compensation on which such contribution is based is excluded from gross 
income; as follows:

       On page 3, line 3, change ``December 31, 2004'' to 
     ``December 31, 2003''.

                          ____________________