[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[Senate]
[Pages 16862-16890]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1337. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED 
                   DISABILITIES RATED AS TOTAL BY REASON OF 
                   UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN 
                   OF CONCURRENT RECEIPT OF RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION.

       (a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, 
     United States Code, is amended by inserting ``or a qualified 
     retiree receiving veterans' disability compensation for a 
     disability rated as total (within the meaning of subsection 
     (e)(3)(B))'' after ``rated as 100 percent''.

[[Page 16863]]

       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on December 31, 2004.
                                 ______
                                 
  SA 1338. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle F of title V, add the following;

     SEC. 573. REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO 
                   DESIGNATE A PERSON TO BE AUTHORIZED TO DIRECT 
                   THE DISPOSITION OF THE MEMBER'S REMAINS.

       (a) Designation Required.--Section 655 of title 10, United 
     States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The Secretary concerned shall, upon the enlistment or 
     appointment of a person in the armed forces, require that the 
     person specify in writing the person authorized to direct the 
     disposition of the person's remains under section 1482 of 
     this title. The Secretary shall periodically, and whenever 
     the member is deployed as part of a contingency operation or 
     in other circumstances specified by the Secretary, require 
     that such designation be reconfirmed, or modified, by the 
     member.''.
       (b) Change in Designation.--Subsection (c) of such section, 
     as redesignated by subsection (a)(1), is amended by inserting 
     ``or (b)'' after ``subsection (a)''.
       (c) Persons Authorized to Direct Disposition of Remains.--
     Section 1482(c) of such title is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``(c) The person designated under section 655(b) of this 
     title shall be considered for all purposes to be the person 
     designated under this subsection to direct disposition of the 
     remains of a decedent covered by this chapter. If the person 
     so designated is not available, or if there was no such 
     designation under that section one of the following persons, 
     in the order specified, shall be the person designated to 
     direct the disposition of remains:'' and
       (2) in paragraph (4), by striking ``clauses (1)-(3)'' and 
     inserting ``paragraph (1), (2), or (3)''.
       (d) Effective Date.--Subsection (b) of section 655 of title 
     10, United States Code, as added by subsection (a)(2), shall 
     take effect at the end of the 30-day period beginning on the 
     date of the enactment of this Act and shall be applied to 
     persons enlisted or appointed in the Armed Forces after the 
     end of such period. In the case of persons who are members of 
     the Armed Forces as of the end of such 30-day period, such 
     subsection--
       (1) shall be applied to any member who is deployed to a 
     contingency operation after the end of such period; and
       (2) in the case of any member not sooner covered under 
     paragraph (1), shall be applied before the end of the 180-day 
     period beginning on the date of the enactment of this Act.
       (e) Treatment of Prior Designations.--
       (1) In general.--A qualifying designation by a decedent 
     covered by section 1481 of title 10, United States Code, 
     shall be treated for purposes of section 1482 of such title 
     as having been made under section 655(b) of such title.
       (2) Qualifying designations.--For purposes of paragraph 
     (1), a qualifying designation is a designation by a person of 
     the person to be authorized to direct disposition of the 
     remains of the person making the designation that was made 
     before the date of the enactment of this Act and in 
     accordance with regulations and procedures of the Department 
     of Defense in effect at the time.
                                 ______
                                 
  SA 1339. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 303, strike line 3 and all that follows through 
     page 304, line 24, and insert the following:
       (3) For other procurement, $105,000,000.
       (b) Availability of Certain Amounts.--Of the amount 
     authorized to be appropriated by subsection (a)(3), 
     $105,000,000 shall be available for the procurement of so-
     called ``b'' armor kits for M1151 and M1152 high mobility 
     multipurpose wheeled vehicles.

     SEC. 1404. MARINE CORPS PROCUREMENT.

       (a) Marine Corps Procurement.--Funds are hereby authorized 
     to be appropriated for fiscal year 2006 for the procurement 
     account of the Marine Corps in the amount of $340,400,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by subsection (a), $340,000,000 shall be 
     available for purposes as follows:
       (1) Procurement of Up-Armored Humvees.
       (2) Procurement of so-called ``b'' armor kits for M1151 and 
     M1152 high mobility multipurpose wheeled vehicles.
       (3) Procurement of M1151 and M1152 high mobility 
     multipurpose wheeled vehicles.
                                 ______
                                 
  SA 1340. Mr. WYDEN (for himself and Mr. Smith) submitted an amendment 
intended to be proposed by him to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY 
                   UNDER CHEMICAL DEMILITARIZATION PROGRAM.

       (a) In General.--Section 1412(c)(4) of the Department of 
     Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is 
     amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in the first sentence--
       (A) by inserting ``and tribal organizations'' after ``State 
     and local governments''; and
       (B) by inserting ``and tribal organizations'' after ``those 
     governments'';
       (3) in the third sentence--
       (A) by striking ``Additionally, the Secretary'' and 
     inserting the following:
       ``(B) Additionally, the Secretary''; and
       (B) by inserting ``and tribal organizations'' after ``State 
     and local governments''; and
       (4) by adding at the end the following:
       ``(C) In this paragraph, the term `tribal organization' has 
     the meaning given the term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).''.
       (b) Effective Date.--The amendments made by subsection 
     (a)--
       (1) take effect on December 5, 1991; and
       (2) apply to any cooperative agreement entered into on or 
     after that date.
                                 ______
                                 
  SA 1341. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 330. STUDY ON USE OF GROUND SOURCE HEAT PUMPS.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the feasibility of the use of ground source heat 
     pumps in current and future Department of Defense facilities.
       (b) Elements.--The study shall include an examination of--
       (1) the life cycle costs, including maintenance costs, of 
     the operation of such heat pumps compared to generally 
     available heating, cooling, and water heating equipment;
       (2) barriers to installation, such as availability and 
     suitability of terrain; and
       (3) such other matters as the Secretary considers 
     appropriate.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study conducted under subsection (a).
       (d) Ground Source Heat Pump Defined.--In this section, the 
     term ``ground source heat pump'' means an electric powered 
     system that uses the relatively constant temperature of the 
     earth to provide heating, cooling, or hot water.
                                 ______
                                 
  SA 1342. Mr. FRIST (for himself, Mr. Alexander, Mr. Allard, Mr. 
Allen, Mr. Bennett, Mr. Bingaman, Mr. Bond, Mr. Brownback, Mr. Bunning, 
Mr. Burns, Mr. Burr, Mr. Chambliss, Mr. Coburn, Mr. Cochran, Mr. 
Coleman, Ms. Collins, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. DeMint, 
Mrs. Dole, Mr. Domenici, Mr. Ensign, Mr. Enzi, Mr. Graham, Mr. 
Grassley, Mr. Hagel, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr. 
Isakson, Mr. Kyl, Mrs. Lincoln, Mr. Lott, Mr. Lugar, Mr. Martinez, Mr. 
McConnell, Ms. Murkowski, Mr. Nelson of Florida, Mr. Nelson of 
Nebraska, Mr. Pryor, Mr. Roberts, Mr. Santorum, Mr. Sessions, Mr. 
Shelby, Mr. Smith, Mr. Stevens, Mr. Sununu, Mr. Talent, Mr. Thomas, Mr. 
Thune, Mr. Vitter, Ms. Landrieu,

[[Page 16864]]

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 the following:

     SEC. 1073. SUPPORT FOR YOUTH ORGANIZATIONS.

       (a) Short Title.--This Act may be cited as the ``Support 
     Our Scouts Act of 2005''.
       (b) Support for Youth Organizations.--
       (1) Definitions.--In this subsection--
       (A) the term ``Federal agency'' means each department, 
     agency, instrumentality, or other entity of the United States 
     Government; and
       (B) the term ``youth organization''--
       (i) means any organization that is designated by the 
     President as an organization that is primarily intended to--

       (I) serve individuals under the age of 21 years;
       (II) provide training in citizenship, leadership, physical 
     fitness, service to community, and teamwork; and
       (III) promote the development of character and ethical and 
     moral values; and

       (ii) shall include--

       (I) the Boy Scouts of America;
       (II) the Girl Scouts of the United States of America;
       (III) the Boys Clubs of America;
       (IV) the Girls Clubs of America;
       (V) the Young Men's Christian Association;
       (VI) the Young Women's Christian Association;
       (VII) the Civil Air Patrol;
       (VIII) the United States Olympic Committee;
       (IX) the Special Olympics;
       (X) Campfire USA;
       (XI) the Young Marines;
       (XII) the Naval Sea Cadets Corps;
       (XIII) 4-H Clubs;
       (XIV) the Police Athletic League;
       (XV) Big Brothers--Big Sisters of America; and
       (XVI) National Guard Youth Challenge.

       (2) In general.--
       (A) Support for youth organizations.--No Federal law 
     (including any rule, regulation, directive, instruction, or 
     order) shall be construed to limit any Federal agency from 
     providing any form of support for a youth organization 
     (including the Boy Scouts of America or any group officially 
     affiliated with the Boy Scouts of America) that would result 
     in that Federal agency providing less support to that youth 
     organization (or any similar organization chartered under the 
     chapter of title 36, United States Code, relating to that 
     youth organization) than was provided during the preceding 
     fiscal year.
       (B) Types of support.--Support described under this 
     paragraph shall include--
       (i) holding meetings, camping events, or other activities 
     on Federal property;
       (ii) hosting any official event of such organization;
       (iii) loaning equipment; and
       (iv) providing personnel services and logistical support.
       (c) Support for Scout Jamborees.--
       (1) Findings.--Congress makes the following findings:
       (A) Section 8 of article I of the Constitution of the 
     United States commits exclusively to Congress the powers to 
     raise and support armies, provide and maintain a Navy, and 
     make rules for the government and regulation of the land and 
     naval forces.
       (B) Under those powers conferred by section 8 of article I 
     of the Constitution of the United States to provide, support, 
     and maintain the Armed Forces, it lies within the discretion 
     of Congress to provide opportunities to train the Armed 
     Forces.
       (C) The primary purpose of the Armed Forces is to defend 
     our national security and prepare for combat should the need 
     arise.
       (D) One of the most critical elements in defending the 
     Nation and preparing for combat is training in conditions 
     that simulate the preparation, logistics, and leadership 
     required for defense and combat.
       (E) Support for youth organization events simulates the 
     preparation, logistics, and leadership required for defending 
     our national security and preparing for combat.
       (F) For example, Boy Scouts of America's National Scout 
     Jamboree is a unique training event for the Armed Forces, as 
     it requires the construction, maintenance, and disassembly of 
     a ``tent city'' capable of supporting tens of thousands of 
     people for a week or longer. Camporees at the United States 
     Military Academy for Girl Scouts and Boy Scouts provide 
     similar training opportunities on a smaller scale.
       (2) Support.--Section 2554 of title 10, United States Code, 
     is amended by adding at the end the following:
       ``(i)(1) The Secretary of Defense shall provide at least 
     the same level of support under this section for a national 
     or world Boy Scout Jamboree as was provided under this 
     section for the preceding national or world Boy Scout 
     Jamboree.
       ``(2) The Secretary of Defense may waive paragraph (1), if 
     the Secretary--
       ``(A) determines that providing the support subject to 
     paragraph (1) would be detrimental to the national security 
     of the United States; and
       ``(B) reports such a determination to the Congress in a 
     timely manner, and before such support is not provided.''.
       (d) Equal Access for Youth Organizations.--Section 109 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5309) is amended--
       (1) in the first sentence of subsection (b) by inserting 
     ``or (e)'' after ``subsection (a)''; and
       (2) by adding at the end the following:
       ``(e) Equal Access.--
       ``(1) Definition.--In this subsection, the term `youth 
     organization' means any organization described under part B 
     of subtitle II of title 36, United States Code, that is 
     intended to serve individuals under the age of 21 years.
       ``(2) In general.--No State or unit of general local 
     government that has a designated open forum, limited public 
     forum, or nonpublic forum and that is a recipient of 
     assistance under this chapter shall deny equal access or a 
     fair opportunity to meet to, or discriminate against, any 
     youth organization, including the Boy Scouts of America or 
     any group officially affiliated with the Boy Scouts of 
     America, that wishes to conduct a meeting or otherwise 
     participate in that designated open forum, limited public 
     forum, or nonpublic forum.''.
                                 ______
                                 
  SA 1343. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 846. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED 
                   UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE 
                   PROGRAMS.

       Section 2414(a)(2) of title 10, United States Code, is 
     amended by striking ``$150,000'' and inserting ``$300,000''.
                                 ______
                                 
  SA 1344. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1009. USE OF FUNDS FOR COSTS ASSOCIATED WITH SPECIAL 
                   CATEGORY RESIDENTS AT NAVAL STATION GUANTANAMO 
                   BAY, CUBA.

       (a) Authorization To Use Funds.--The Secretary of the Navy 
     may obligate and expend funds authorized to be appropriated 
     to the Department of the Navy for the purposes of covering 
     the costs associated with Special Category Residents residing 
     at Naval Station Guantanamo Bay, Cuba, including costs 
     associated with medical care, transportation, legal services, 
     and subsistence.
       (b) Ratification of Use of Funds.--Any obligation or 
     expenditure of funds by the Secretary of the Navy for the 
     purposes described in subsection (a) during the period 
     beginning on January 1, 1959, and ending on the date of the 
     enactment of this Act is hereby deemed to have complied with 
     the provisions of section 1301 of title 31, United States 
     Code.
                                 ______
                                 
  SA 1345. Ms. COLLINS (for herself, Mr. Akaka, Mr. Lieberman, Mr. 
Carper, and Mr. Obama) submitted an amendment intended to be proposed 
by her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 292, between lines 15 and 16, insert the following:

     SEC. 1106. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
                   OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76.

       (a) Eligibility to Protest.--(1) Section 3551(2) of title 
     31, United States Code, is amended to read as follows:
       ``(2) The term `interested party'--
       ``(A) with respect to a contract or a solicitation or other 
     request for offers described in paragraph (1), means an 
     actual or prospective bidder or offeror whose direct economic

[[Page 16865]]

     interest would be affected by the award of the contract or by 
     failure to award the contract; and
       ``(B) with respect to a public-private competition 
     conducted under Office of Management and Budget Circular A-76 
     regarding performance of an activity or function of a Federal 
     agency, includes--
       ``(i) any official who submitted the agency tender in such 
     competition; and
       ``(ii) any one person who, for the purpose of representing 
     them in a protest under this subchapter that relates to such 
     competition, has been designated as their agent by a majority 
     of the employees of such Federal agency who are engaged in 
     the performance of such activity or function.''.
       (2)(A) Subchapter V of chapter 35 of such title is amended 
     by adding at the end the following new section:

     ``Sec. 3557. Expedited action in protests for Public-Private 
       competitions

       ``For protests in cases of public-private competitions 
     conducted under Office of Management and Budget Circular A-76 
     regarding performance of an activity or function of Federal 
     agencies, the Comptroller General shall administer the 
     provisions of this subchapter in a manner best suited for 
     expediting final resolution of such protests and final action 
     in such competitions.''.
       (B) The chapter analysis at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     3556 the following new item:

``3557. Expedited action in protests for public-private 
              competitions.''.

       (b) Right to Intervene in Civil Action.--Section 1491(b) of 
     title 28, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(5) If a private sector interested party commences an 
     action described in paragraph (1) in the case of a public-
     private competition conducted under Office of Management and 
     Budget Circular A-76 regarding performance of an activity or 
     function of a Federal agency, then an official or person 
     described in section 3551(2)(B) of title 31 shall be entitled 
     to intervene in that action.''.
       (c) Applicability.--Subparagraph (B) of section 3551(2) of 
     title 31, United States Code (as added by subsection (a)), 
     and paragraph (5) of section 1491(b) of title 28, United 
     States Code (as added by subsection (b)), shall apply to--
       (1) protests and civil actions that challenge final 
     selections of sources of performance of an activity or 
     function of a Federal agency that are made pursuant to 
     studies initiated under Office of Management and Budget 
     Circular A-76 on or after January 1, 2004; and
       (2) any other protests and civil actions that relate to 
     public-private competitions initiated under Office of 
     Management and Budget Circular A-76 on or after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 1346. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 596. COLD WAR SERVICE MEDAL.

       (a) Authority.--Chapter 57 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1135. Cold War service medal

       ``(a) Medal Authorized.--The Secretary concerned shall 
     issue a service medal, to be known as the `Cold War service 
     medal', to persons eligible to receive the medal under 
     subsection (b). The Cold War service medal shall be of an 
     appropriate design approved by the Secretary of Defense, with 
     ribbons, lapel pins, and other appurtenances.
       ``(b) Eligible Persons.--The following persons are eligible 
     to receive the Cold War service medal:
       ``(1) A person who--
       ``(A) performed active duty or inactive duty training as an 
     enlisted member during the Cold War;
       ``(B) completed the person's initial term of enlistment or, 
     if discharged before completion of such initial term of 
     enlistment, was honorably discharged after completion of not 
     less than 180 days of service on active duty; and
       ``(C) has not received a discharge less favorable than an 
     honorable discharge or a release from active duty with a 
     characterization of service less favorable than honorable.
       ``(2) A person who--
       ``(A) performed active duty or inactive duty training as a 
     commissioned officer or warrant officer during the Cold War;
       ``(B) completed the person's initial service obligation as 
     an officer or, if discharged or separated before completion 
     of such initial service obligation, was honorably discharged 
     after completion of not less than 180 days of service on 
     active duty; and
       ``(C) has not been released from active duty with a 
     characterization of service less favorable than honorable and 
     has not received a discharge or separation less favorable 
     than an honorable discharge.
       ``(c) One Award Authorized.--Not more than one Cold War 
     service medal may be issued to any person.
       ``(d) Issuance to Representative of Deceased.--If a person 
     described in subsection (b) dies before being issued the Cold 
     War service medal, the medal shall be issued to the person's 
     representative, as designated by the Secretary concerned.
       ``(e) Replacement.--Under regulations prescribed by the 
     Secretary concerned, a Cold War service medal that is lost, 
     destroyed, or rendered unfit for use without fault or neglect 
     on the part of the person to whom it was issued may be 
     replaced without charge.
       ``(f) Application for Medal.--The Cold War service medal 
     shall be issued upon receipt by the Secretary concerned of an 
     application for such medal, submitted in accordance with such 
     regulations as the Secretary prescribes.
       ``(g) Uniform Regulations.--The Secretary of Defense shall 
     ensure that regulations prescribed by the Secretaries of the 
     military departments under this section are uniform so far as 
     is practicable.
       ``(h) Definition.--In this section, the term `Cold War' 
     means the period beginning on September 2, 1945, and ending 
     at the end of December 26, 1991.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1135. Cold War service medal.''.
                                 ______
                                 
  SA 1347. Mrs. CLINTON (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 653. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED FORCES 
                   AND THEIR SPOUSES ON INSURANCE AND OTHER 
                   FINANCIAL SERVICES.

       (a) Education and Counseling Requirements.--
       (1) In general.--Chapter 50 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 992. Consumer education: financial services

       ``(a) Requirement for Consumer Education Program for 
     Members.--(1) The Secretary concerned shall carry out a 
     program to provide comprehensive education to members of the 
     armed forces under the jurisdiction of the Secretary on--
       ``(A) financial services that are available under law to 
     members;
       ``(B) financial services that are routinely offered by 
     private sector sources to members;
       ``(C) practices relating to the marketing of private sector 
     financial services to members;
       ``(D) such other matters relating to financial services 
     available to members, and the marketing of financial services 
     to members, as the Secretary considers appropriate; and
       ``(E) such other financial practices as the Secretary 
     considers appropriate.
       ``(2) Training under this subsection shall be provided to 
     members as--
       ``(A) a component of the members' initial entry training;
       ``(B) a component of each level of the members' 
     professional development training that is required for 
     promotion; and
       ``(C) a component of periodically recurring required 
     training that is provided for the members at military 
     installations.
       ``(3) The training provided at a military installation 
     under paragraph (2)(C) shall include information on any 
     financial services marketing practices that are particularly 
     prevalent at that military installation and in the vicinity.
       ``(b) Counseling for Members and Spouses.--(1) The 
     Secretary concerned shall provide counseling on financial 
     services to each member of the armed forces under the 
     jurisdiction of the Secretary.
       ``(2) The Secretary concerned shall, upon request, provide 
     counseling on financial services to the spouse of any member 
     of the armed forces under the jurisdiction of the Secretary.
       ``(2) The Secretary concerned shall provide counseling on 
     financial services under this subsection as follows:
       ``(A) In the case of members, and the spouses of members, 
     assigned to a military installation to which at least 750 
     members of the armed forces are assigned, through a full-time 
     financial services counselor at such installation.
       ``(B) In the case of members, and the spouses of members, 
     assigned to a military installation other than an 
     installation described in subparagraph (A), through such 
     mechanisms as the Secretary considers appropriate, including 
     through the provision of

[[Page 16866]]

     counseling by a member of the armed forces in grade E-7 or 
     above, or a civilian, at such installation who provides such 
     counseling as a part of the other duties performed by such 
     member or civilian, as the case may be, at such installation.
       ``(3) Each financial services counselor under paragraph 
     (2)(A), and each individual providing counseling on financial 
     services under paragraph (2)(B), shall be an individual who, 
     by reason of education, training, or experience, is qualified 
     to provide helpful counseling to members of the armed forces 
     and their spouses on financial services and marketing 
     practices described in subsection (a)(1). Such individual may 
     be a member of the armed forces or an employee of the Federal 
     Government.
       ``(4) The Secretary concerned shall take such action as is 
     necessary to ensure that each financial services counselor 
     under paragraph (2)(A), and each individual providing 
     counseling on financial services under paragraph (2)(B), is 
     free from conflicts of interest relevant to the performance 
     of duty under this section and, in the performance of that 
     duty, is dedicated to furnishing members of the armed forces 
     and their spouses with helpful information and counseling on 
     financial services and related marketing practices.
       ``(5) The Secretary concerned may authorize financial 
     services counseling to be provided to members of a unit of 
     the armed forces by unit personnel under the guidance and 
     with the assistance of a financial services counselor under 
     paragraph (2)(A) or an individual providing counseling on 
     financial services under paragraph (2)(B), as applicable.
       ``(c) Life Insurance.--(1) In counseling a member of the 
     armed forces, or spouse of a member of the armed forces, 
     under this section regarding life insurance offered by a 
     private sector source, a financial services counselor under 
     subsection (b)(2)(A), or an individual providing counseling 
     on financial services under subsection (b)(2)(B), shall 
     furnish the member or spouse, as the case may be, with 
     information on the availability of Servicemembers' Group Life 
     Insurance under subchapter III of chapter 19 of title 38, 
     including information on the amounts of coverage available 
     and the procedures for electing coverage and the amount of 
     coverage.
       ``(2)(A) A covered member of the armed forces may not 
     authorize payment to be made for private sector life 
     insurance by means of an allotment of pay to which the member 
     is entitled under chapter 3 of title 37 unless the 
     authorization of allotment is accompanied by a written 
     certification by a commander of the member, or by a financial 
     services counselor referred to in subsection (b)(2)(A) or an 
     individual providing counseling on financial services under 
     subsection (b)(2)(B), as applicable, that the member has 
     received counseling under paragraph (1) regarding the 
     purchase of coverage under that private sector life 
     insurance.
       ``(B) Subject to subparagraph (C), a written certification 
     described in subparagraph (A) may not be made with respect to 
     a member's authorization of allotment as described in 
     subparagraph (A) until 7 days after the date of the member's 
     authorization of allotment in order to facilitate the 
     provision of counseling to the member under paragraph (1).
       ``(C) The commander of a member may waive the applicability 
     of subparagraph (B) to a member for good cause, including the 
     member's imminent change of station.
       ``(D) In this paragraph, the term `covered member of the 
     armed forces' means a member of the armed forces in pay 
     grades E-1 through E-4.
       ``(d) Financial Services Defined.--In this section, the 
     term `financial services' includes the following:
       ``(1) Life insurance, casualty insurance, and other 
     insurance.
       ``(2) Investments in securities or financial 
     instruments.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``992. Consumer education: financial services.''.

       (b) Continuing Effect of Existing Allotments for Life 
     Insurance.--Subsection (c)(2) of section 992 of title 10, 
     United States Code (as added by subsection (a)), shall not 
     affect any allotment of pay authorized by a member of the 
     Armed Forces before the effective date of such section.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month that 
     begins more than 120 days after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 1348. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 582 of the bill and insert the following:

     SEC. 582. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES WITH 
                   SIGNIFICANT ENROLLMENT CHANGES IN MILITARY 
                   DEPENDENT STUDENTS DUE TO FORCE STRUCTURE 
                   CHANGES, TROOP RELOCATIONS, CREATION OF NEW 
                   UNITS, AND REALIGNMENT UNDER BRAC.

       (a) Availability of Assistance.--To assist communities 
     making adjustments resulting from changes in the size or 
     location of the Armed Forces, the Secretary of Defense shall 
     make payments to eligible local educational agencies that, 
     during the period between the end of the school year 
     preceding the fiscal year for which the payments are 
     authorized and the beginning of the school year immediately 
     preceding that school year, had (as determined by the 
     Secretary of Defense in consultation with the Secretary of 
     Education) an overall increase or reduction of--
       (1) not less than 5 percent in the average daily attendance 
     of military dependent students enrolled in the schools served 
     by the eligible local educational agencies; or
       (2) not less than 250 military dependent students enrolled 
     in the schools served by the eligible local educational 
     agencies.
       (b) Notification.--Not later than June 30, 2006, and June 
     30 of each of the next 2 fiscal years, the Secretary of 
     Defense shall notify each eligible local educational agency 
     for such fiscal year--
       (1) that the local educational agency is eligible for 
     assistance under this section; and
       (2) of the amount of the assistance for which the eligible 
     local educational agency qualifies, as determined under 
     subsection (c).
       (c) Amount of Assistance.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Education, make assistance 
     available to eligible local educational agencies for a fiscal 
     year on a pro rata basis, as described in paragraph (2).
       (2)  Pro rata distribution.--
       (A) In general.--The amount of the assistance provided 
     under this section to an eligible local educational agency 
     for a fiscal year shall be equal to the product obtained by 
     multiplying--
       (i) the per-student rate determined under subparagraph (B) 
     for such fiscal year; by
       (ii) the overall increase or reduction in the number of 
     military dependent students in the schools served by the 
     eligible local educational agency, as determined under 
     subsection (a).
       (B) Per-student rate.--For purposes of subparagraph (A), 
     the per-student rate for a fiscal year shall be equal to the 
     dollar amount obtained by dividing--
       (i) the amount of funds available for such fiscal year to 
     provide assistance under this section; by
       (ii) the sum of the overall increases and reductions, as 
     determined under subparagraph (A)(ii), for all eligible local 
     educational agencies for that fiscal year.
       (d) Disbursement of Funds.--The Secretary of Defense shall 
     disburse assistance made available under this section for a 
     fiscal year, not later than 30 days after the date on which 
     the Secretary of Defense notified the eligible local 
     educational agencies under subsection (b) for the fiscal 
     year.
       (e) Consultation.--The Secretary of Defense shall carry out 
     this section in consultation with the Secretary of Education.
       (f) Reports.--
       (1) Reports required.--Not later than May 1 of each of the 
     years 2007, 2008, and 2009, 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 assistance provided under 
     this section during the fiscal year preceding the date of 
     such report.
       (2) Element of report.--Each report described in paragraph 
     (1) shall include an assessment and description of the 
     current compliance of each eligible local educational agency 
     with the requirements of part A of title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
       (g) Funding.--Of the amount authorized to be appropriated 
     to the Department of Defense for fiscal years 2006, 2007, and 
     2008 for operation and maintenance for Defense-wide 
     activities, $15,000,000 shall be available for each such 
     fiscal year only for the purpose of providing assistance to 
     eligible local educational agencies under this section.
       (h) Termination.--The authority of the Secretary of Defense 
     to provide financial assistance under this section shall 
     expire on September 30, 2008.
       (i) Definitions.--In this section:
       (1) Base closure process.--The term ``base closure 
     process'' means the 2005 base closure and realignment process 
     authorized by 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) or any base closure and realignment process 
     conducted after the date of the enactment of this Act under 
     section 2687 of title 10, United States Code, or any other 
     similar law enacted after that date.
       (2) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means, for a fiscal year, a local 
     educational agency--
       (A)(i) for which not less than 20 percent (as rounded to 
     the nearest whole percent) of the students in average daily 
     attendance in the

[[Page 16867]]

     schools served by the local educational agency during the 
     preceding school year were military dependent students that 
     were counted under section 8003(a)(1) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)); or
       (ii) that would have met the requirements of clause (i) 
     except for the reduction in military dependent students in 
     the schools served by the local educational agency; and
       (B) for which the required overall increase or reduction in 
     the number of military dependent students enrolled in schools 
     served by the local educational agency, as described in 
     subsection (a), occurred as a result of--
       (i) the global rebasing plan of the Department of Defense;
       (ii) the official creation or activation of 1 or more new 
     military units;
       (iii) the realignment of forces as a result of the base 
     closure process; or
       (iv) a change in the number of required housing units on a 
     military installation, due to the military housing 
     privatization initiative of the Department of Defense 
     undertaken under the alternative authority for the 
     acquisition and improvement of military housing under 
     subchapter IV of chapter 169 of title 10, United States Code.
       (3) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 8013 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7713).
       (4) Military dependent student.--The term ``military 
     dependent student'' means--
       (A) an elementary school or secondary school student who is 
     a dependent of a member of the Armed Forces; or
       (B) an elementary school or secondary school student who is 
     a dependent of a civilian employee of the Department of 
     Defense.
                                 ______
                                 
  SA 1349. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 653. CHILD CARE FOR CHILDREN OF MEMBERS OF ARMED FORCES 
                   ON ACTIVE DUTY FOR OPERATION ENDURING FREEDOM 
                   OR OPERATION IRAQI FREEDOM.

       (a) Child Care for Children Without Access to Military 
     Child Care.--
       (1) In general.--In any case where the children of a 
     covered member of the Armed Forces are geographically 
     dispersed and do not have practical access to a military 
     child development center, the Secretary of Defense may, to 
     the extent funds are available for such purpose, provide such 
     funds as are necessary permit the member's family to secure 
     access for such children to State licensed child care and 
     development programs and activities in the private sector 
     that are similar in scope and quality to the child care and 
     development programs and activities the Secretary would 
     otherwise provide access to under subchapter II of chapter 88 
     of title 10, United States Code, and other applicable 
     provisions of law.
       (2) Provision of funds.--Funds may be provided under 
     paragraph (1) in accordance with the provisions of section 
     1798 of title 10, United States Code, or by such other 
     mechanism as the Secretary considers appropriate.
       (3) Priorities for allocation of funds in certain 
     circumstances.--The Secretary shall prescribe in regulations 
     priorities for the allocation of funds for the provision of 
     access to child care under paragraph (1) in circumstances 
     where funds are inadequate to provide all children described 
     in that paragraph with access to child care as described in 
     that paragraph.
       (b) Preservation of Services and Programs.--The Secretary 
     shall provide for the attendance and participation of 
     children in military child development centers and child care 
     and development programs and activities under subsection (a) 
     in a manner that preserves the scope and quality of child 
     care and development programs and activities otherwise 
     provided by the Secretary.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Defense $25,000,000 
     to carry out this section for fiscal year 2006.
       (d) Definitions.--In this section:
       (1) The term ``covered members of the Armed Forces'' means 
     members of the Armed Forces on active duty, including members 
     of the Reserves who are called or ordered to active duty 
     under a provision of law referred to in section 101(a)(13)(B) 
     of title 10, United States Code, for Operation Enduring 
     Freedom or Operation Iraqi Freedom.
       (2) The term ``military child development center'' has the 
     meaning given such term in section 1800(1) of title 10, 
     United States Code.

     SEC. 654. EMERGENCY FUNDING FOR LOCAL EDUCATIONAL AGENCIES 
                   ENROLLING MILITARY DEPENDENT CHILDREN.

       (a) Short Title.--This section may be cited as the ``Help 
     for Military Children Affected by War Act of 2005''.
       (b) Grants Authorized.--The Secretary of Defense is 
     authorized to award grants to eligible local educational 
     agencies for the additional education, counseling, and other 
     needs of military dependent children who are affected by war 
     or dramatic military decisions.
       (c) Definitions.--In this section:
       (1) Eligible local educational agency.-- The term 
     ``eligible local educational agency'' means a local 
     educational agency that--
       (A) had a number of military dependent children in average 
     daily attendance in the schools served by the local 
     educational agency during the school year preceding the 
     school year for which the determination is made, that--
       (i) equaled or exceeded 20 percent of the number of all 
     children in average daily attendance in the schools served by 
     such agency during the preceding school year; or
       (ii) was 1,000 or more,
     whichever is less; and
       (B) is designated by the Secretary of Defense as impacted 
     by--
       (i) Operation Iraqi Freedom;
       (ii) Operation Enduring Freedom;
       (iii) the global rebasing plan of the Department of 
     Defense;
       (iv) the realignment of forces as a result of the base 
     closure process;
       (v) the official creation or activation of 1 or more new 
     military units; or
       (vi) a change in the number of required housing units on a 
     military installation, due to the Military Housing 
     Privatization Initiative of the Department of Defense.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (3) Military dependent child.--The term ``military 
     dependent child'' means a child described in subparagraph (B) 
     or (D)(i) of section 8003(a)(1) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)).
       (d) Use of funds.--Grant funds provided under this section 
     shall be used for--
       (1) tutoring, after-school, and dropout prevention 
     activities for military dependent children with a parent who 
     is or has been impacted by war-related action described in 
     clause (i), (ii), or (iii) of subsection (c)(1)(B);
       (2) professional development of teachers, principals, and 
     counselors on the needs of military dependent children with a 
     parent who is or has been impacted by war-related action 
     described in clause (i), (ii), or (iii) of subsection 
     (c)(1)(B);
       (3) counseling and other comprehensive support services for 
     military dependent children with a parent who is or has been 
     impacted by war-related action described in clause (i), (ii), 
     or (iii) of subsection (c)(1)(B), including the hiring of a 
     military-school liaison; and
       (4) other basic educational activities associated with an 
     increase in military dependent children.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Defense such sums as may be necessary to 
     carry out this section for fiscal year 2006 and each of the 2 
     succeeding fiscal years.
       (2) Special rule.--Funds appropriated under paragraph (1) 
     are in addition to any funds made available to local 
     educational agencies under section 582, 583 or 584 of this 
     Act or section 8003 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7703).
                                 ______
                                 
  SA 1350. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XXII, add the following:

     SEC. 2207. WHARF UPGRADES, NAVAL STATION MAYPORT, FLORIDA.

       Of the amount authorized to be appropriated by section 
     2204(a)(4) for the Navy for architectural and engineering 
     services and construction design, $500,000 shall be available 
     for the design of wharf upgrades at Naval Station Mayport, 
     Florida.
                                 ______
                                 
  SA 1351. Mr. LAUTENBERG (for himself, Mr. Corzine, Mrs. Clinton, and 
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 the bill, add the following:

                  TITLE XXXIV--FINANCING OF TERRORISM

     SEC. 3401. SHORT TITLE.

       This title may be cited as the ``Stop Business with 
     Terrorists Act of 2005''.

[[Page 16868]]



     SEC. 3402. DEFINITIONS.

       In this title:
       (1) Control in fact.--The term ``control in fact'', with 
     respect to a corporation or other legal entity, includes--
       (A) in the case of--
       (i) a corporation, ownership or control (by vote or value) 
     of at least 50 percent of the capital structure of the 
     corporation; and
       (ii) any other kind of legal entity, ownership or control 
     of interests representing at least 50 percent of the capital 
     structure of the entity; or
       (B) control of the day-to-day operations of a corporation 
     or entity.
       (2) Person subject to the jurisdiction of the united 
     states.--The term ``person subject to the jurisdiction of the 
     United States'' means--
       (A) an individual, wherever located, who is a citizen or 
     resident of the United States;
       (B) a person actually within the United States;
       (C) a corporation, partnership, association, or other 
     organization or entity organized under the laws of the United 
     States, or of any State, territory, possession, or district 
     of the United States;
       (D) a corporation, partnership, association, or other 
     organization, wherever organized or doing business, that is 
     owned or controlled in fact by a person or entity described 
     in subparagraph (A) or (C); and
       (E) a successor, subunit, or subsidiary of an entity 
     described in subparagraph (C) or (D).
       (3) Foreign person.--The term ``foreign person'' means--
       (A) an individual who is an alien;
       (B) a corporation, partnership, association, or any other 
     organization or entity that is organized under the laws of a 
     foreign country or has its principal place of business in a 
     foreign country;
       (C) a foreign governmental entity operating as a business 
     enterprise; and
       (D) a successor, subunit, or subsidiary of an entity 
     described in subparagraph (B) or (C).

     SEC. 3403. CLARIFICATION OF SANCTIONS.

       (a) Prohibitions on Engaging in Transactions With Foreign 
     Persons.--
       (1) In general.--In the case of a person subject to the 
     jurisdiction of the United States that is prohibited as 
     described in subsection (b) from engaging in a transaction 
     with a foreign person, that prohibition shall also apply to--
       (A) each subsidiary and affiliate, wherever organized or 
     doing business, of the person prohibited from engaging in 
     such a transaction; and
       (B) any other entity, wherever organized or doing business, 
     that is controlled in fact by that person.
       (2) Prohibition on control.--A person subject to the 
     jurisdiction of the United States that is prohibited as 
     described in subsection (b) from engaging in a transaction 
     with a foreign person shall also be prohibited from 
     controlling in fact any foreign person that is engaged in 
     such a transaction whether or not that foreign person is 
     subject to the jurisdiction of the United States.
       (b) IEEPA Sanctions.--Subsection (a) applies in any case in 
     which--
       (1) the President takes action under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the 
     Trading with the Enemy Act (50 U.S.C. App.) to prohibit a 
     person subject to the jurisdiction of the United States from 
     engaging in a transaction with a foreign person; or
       (2) the Secretary of State has determined that the 
     government of a country that has jurisdiction over a foreign 
     person has repeatedly provided support for acts of 
     international terrorism under section 6(j) of the Export 
     Administration Act of 1979 (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)), or any other provision of law, and because of that 
     determination a person subject to the jurisdiction of the 
     United States is prohibited from engaging in transactions 
     with that foreign person.
       (c) Cessation of Applicability by Divestiture or 
     Termination of Business.--
       (1) In general.--In any case in which the President has 
     taken action described in subsection (b) and such action is 
     in effect on the date of enactment of this Act, the 
     provisions of this section shall not apply to a person 
     subject of the jurisdiction of the United States if such 
     person divests or terminates its business with the government 
     or person identified by such action within 1 year after the 
     date of enactment of this Act.
       (2) Actions after date of enactment.--In any case in which 
     the President takes action described in subsection (b) on or 
     after the date of enactment of this Act, the provisions of 
     this section shall not apply to a person subject to the 
     jurisdiction of the United States if such person divests or 
     terminates its business with the government or person 
     identified by such action within 1 year after the date of 
     such action.
       (d) Publication in Federal Register.--Not later than 90 
     days after the date of enactment of this Act, the President 
     shall publish in the Federal Register a list of persons with 
     respect to whom there is in effect a sanction described in 
     subsection (b) and shall publish notice of any change to that 
     list in a timely manner.

     SEC. 3404. NOTIFICATION OF CONGRESS OF TERMINATION OF 
                   INVESTIGATION BY OFFICE OF FOREIGN ASSETS 
                   CONTROL.

       (a) Requirement for Notification.--The Office of Federal 
     Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF 
                   INVESTIGATION BY OFFICE OF FOREIGN ASSETS 
                   CONTROL.

       ``The Director of the Office of Foreign Assets Control 
     shall notify Congress upon the termination of any 
     investigation by the Office of Foreign Assets Control of the 
     Department of the Treasury if any sanction is imposed by the 
     Director of such office as a result of the investigation.''.
       (b) Clerical Amendment.--The table of contents in 
     subsection (b) of such Act is amended by adding at the end 
     the following new item:

``Sec. 42. Notification of Congress of termination of investigation by 
              Office of Foreign Assets Control.''.

     SEC. 3405. ANNUAL REPORTING.

       (a) Sense of Congress.--It is the sense of the Congress 
     that investors and the public should be informed of 
     activities engaged in by a person that may threaten the 
     national security, foreign policy, or economy of the United 
     States, so that investors and the public can use the 
     information in their investment decisions.
       (b) Regulations.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Securities and Exchange Commission 
     shall issue regulations that require any person subject to 
     the annual reporting requirements of section 13 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m) to disclose 
     in that person's annual reports--
       (A) any ownership stake of at least 10 percent (or less if 
     the Commission deems appropriate) in a foreign person that is 
     engaging in a transaction prohibited under section 3403(a) of 
     this title or that would be prohibited if such person were a 
     person subject to the jurisdiction of the United States; and
       (B) the nature and value of any such transaction.
       (2) Person described.--A person described in this section 
     is an issuer of securities, as that term is defined in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c), that is subject to the jurisdiction of the United Sates 
     and to the annual reporting requirements of section 13 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m).
                                 ______
                                 
  SA 1352. Mr. REED (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 296, after line 19, add the following:

     SEC. 3114. REPORT ON ASSISTANCE FOR COMPREHENSIVE INVENTORY 
                   OF RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

       (a) Findings.--Congress makes the following findings:
       (1) The nonstrategic nuclear weapons of the Russian 
     Federation are insufficiently accounted for and 
     insufficiently secure.
       (2) Because of the dangers posed by such insufficient 
     accounting and security, it is in the national security 
     interest of the United States to assist the Russian 
     Federation in the conduct of a comprehensive inventory of its 
     nonstrategic nuclear weapons.
       (3) It is in the interests of the United States and Russia 
     to begin negotiations on a verifiable agreement leading to 
     the reduction and dismantlement of nonstrategic Russian 
     nuclear weapons and the corresponding reduction of excess 
     United States nuclear forces.
       (4) In the March 2003 Senate resolution advising and 
     consenting to the ratification of the Moscow Treaty, the 
     Senate urged the President ``to engage the Russian Federation 
     with the objectives of establishing cooperative measures to 
     give each party to the Treaty improved confidence regarding 
     the accurate accounting and security of nonstrategic nuclear 
     weapons maintained by the other party; and providing the 
     United States or other international assistance to help the 
     Russian Federation ensure the accurate accounting and 
     security of its nonstrategic nuclear weapons.''
       (b) Report.--
       (1) Report required.--Not later than March 1, 2006, the 
     Secretary of State and the Secretary of Energy shall, in 
     consultation with the Secretary of Defense, submit to 
     Congress a joint report on the accounting for and security of 
     the nonstrategic nuclear weapons of the Russian Federation.
       (2) Content.--The report shall include--
       (A) An assessment of the actions of the Government of 
     Russia and the United States Government toward the 
     fulfillment of their

[[Page 16869]]

     commitments under the 1991 Presidential Nuclear Initiatives;
       (B) an evaluation of the past and current efforts of the 
     United States Government to encourage or facilitate a proper 
     accounting for and securing of the nonstrategic nuclear 
     weapons of the Russian Federation, and the strategy of the 
     United States Government to overcome obstacles to realize 
     joint measures that would lead to the further withdrawal, 
     reductions, and verifiable dismantlement of Russian and 
     United States substrategic weapons; and
       (C) a strategy for, and recommendations regarding, actions 
     by the United States Government that are most likely to lead 
     to progress in improving the accounting for, securing of, and 
     elimination of such weapons.
       (c) Review of United States Stockpile of Nonstrategic 
     Nuclear Weapons.--
       (1) Review required.--Not later than February 1, 2006, the 
     Secretary of Defense and the Secretary of State shall conduct 
     a joint review of the military missions and strategic 
     rationale for the remaining United States stockpile of 
     nonstrategic nuclear weapons stationed at NATO bases in 
     Europe, including--
       (A) an investigation of alternative options for meeting 
     such missions by using other elements of the United States 
     nuclear weapons stockpile; and
       (B) an assessment of the circumstances that would 
     facilitate further reductions of the United States stockpile 
     of nonstrategic nuclear weapons.
       (2) Report required.--The Secretary of Defense and the 
     Secretary of State shall submit a joint report on the results 
     of the review under paragraph (1) with the report submitted 
     under subsection (b).
       (d) Form.--The reports required under subsections (b) and 
     (c) shall be submitted in unclassified form, but may include 
     a classified annex.
                                 ______
                                 
  SA 1353. Mr. SHELBY submitted an amendment intended to be proposed to 
amendment SA 1311 proposed by Mr. Inhofe to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. CONGRESSIONAL AUTHORITY UNDER DEFENSE PRODUCTION 
                   ACT.

       Section 721 of the Defense Production Act of 1950 (50 
     U.S.C. App. 2170) is amended--
       (1) in subsection (a)--
       (A) by striking ``30'' and inserting ``60''; and
       (B) by adding at the end the following: ``The findings and 
     recommendations of any such investigation shall be sent 
     immediately to the President and to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives for 
     review.'';
       (2) in subsection (b)--
       (A) by inserting before the first period ``, or in such 
     instance at the request of the chairman and ranking member of 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate or the Committee on Financial Services of the House of 
     Representatives'';
       (B) in paragraph (2), by inserting before the period ``, 
     and the findings and recommendations of such investigation 
     shall be sent immediately to the President and to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives for review''; and
       (C) by striking ``30'' and inserting ``60'';
       (3) in subsection (f)--
       (A) by striking ``designee may'' and inserting ``designee 
     shall'';
       (B) in paragraph (4), by striking ``and'' at the end;
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) the long-term projections of United States 
     requirements for sources of energy and other critical 
     resources and materials.''.
       (4) in subsection (g)--
       (A) by striking ``The President'' and inserting the 
     following:
       ``(1) In general.--The President''; and
       (B) by adding at the end the following:
       ``(2) Quarterly submissions.--The Secretary of the Treasury 
     shall transmit to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives on a quarterly 
     basis, a detailed summary and analysis of each merger, 
     acquisition, or takeover that is being reviewed, was reviewed 
     during the preceding 90-day period, or is likely to be 
     reviewed in the coming quarter by the President or the 
     President's designee under subsection (a) or (b). Each such 
     summary and analysis shall be submitted in unclassified form, 
     with classified annexes as the Secretary determines are 
     required to protect company proprietary information and other 
     sensitive information.''; and
       (5) by adding at the end the following new subsections:
       ``(l) Congressional Authority.--
       ``(1) In general.--If the President does not suspend or 
     prohibit an acquisition, merger, or takeover under subsection 
     (d), the Congress may enact a joint resolution suspending or 
     prohibiting such acquisition, merger, or takeover, not later 
     than 30 days after the date of receipt of findings and 
     recommendations with respect to the transaction under 
     subsection (a) or (b).
       ``(2) Considerations.--The Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives shall 
     review any findings and recommendations submitted under 
     subsection (a) or (b), and any joint resolution under 
     paragraph (1) of this subsection shall be based on the 
     factors outlined in subsection (f).
       ``(3) Senate procedure.--Any joint resolution under 
     paragraph (1) shall be considered in the Senate in accordance 
     with the provisions of section 601(b) of the International 
     Security Assistance and Arms Export Control Act of 1976 
     (Public Law 94-329, 90 Stat. 765).
       ``(4) House consideration.--For the purpose of expediting 
     the consideration and enactment of a joint resolution under 
     paragraph (1), a motion to proceed to the consideration of 
     any such joint resolution shall be treated as highly 
     privileged in the House of Representatives.
       ``(m) Thorough Review.--The President, or the President's 
     designee, shall ensure that an acquisition, merger, or 
     takeover that is completed prior to a review or investigation 
     under this section shall be fully reviewed for national 
     security considerations, even in the event that a request for 
     such review is withdrawn.''.
                                 ______
                                 
  SA 1354. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in title V, insert the following:

     SEC. __. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE 
                   PARALYMPIC GAMES.

       Section 717(a)(1) of title 10, United States Code, is 
     amended by striking ``and Olympic Games'' and inserting '', 
     Olympic Games, and Paralympic Games,''.
                                 ______
                                 
  SA 1355. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 359, between lines 3 and 4, insert the following:

     SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA, 
                   COLORADO.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the City of La Junta, 
     Colorado (in this section referred to as the ``City''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including improvements thereon, 
     consisting of approximately 8 acres located at the USA Bomb 
     Plot in the La Junta Industrial Park for the purpose of 
     training local law enforcement officers.
       (b) Payment of Costs of Conveyance.--
       (1) In general.--The Secretary shall require the City to 
     cover costs to be incurred by the Secretary after the date of 
     enactment of the Act, or to reimburse the Secretary for costs 
     incurred by the Secretary after that date, to carry out the 
     conveyance under subsection (a), including any survey costs, 
     costs related to environmental assessments, studies, 
     analyses, or other documentation, and other administrative 
     costs related to the conveyance. If amounts are collected 
     from the City in advance of the Secretary incurring the 
     actual costs, and the amount collected exceeds the costs 
     actually incurred by the Secretary to carry out the 
     conveyance, the Secretary shall refund the excess amount to 
     the City.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions

[[Page 16870]]

     and limitations, as amounts in such fund or account.
       (c) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1356. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 924. AUTHORITY FOR UNITED STATES AIR FORCE INSTITUTE OF 
                   TECHNOLOGY TO RECEIVE FACULTY RESEARCH GRANTS 
                   FOR CERTAIN PURPOSES.

       Section 9314 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Acceptance of Research Grants.--(1) The Secretary of 
     the Air Force may authorize the Commandant of the United 
     States Air Force Institute of Technology to accept qualifying 
     research grants. Any such grant may only be accepted if the 
     work under the grant is to be carried out by a professor or 
     instructor of the Institute for a scientific, literary, or 
     educational purpose.
       ``(2) For purposes of this subsection, a qualifying 
     research grant is a grant that is awarded on a competitive 
     basis by an entity referred to in paragraph (3) for a 
     research project with a scientific, literary, or educational 
     purpose.
       ``(3) An entity referred to in this paragraph is a 
     corporation, fund, foundation, educational institution, or 
     similar entity that is organized and operated primarily for 
     scientific, literary, or educational purposes.
       ``(4) The Secretary shall establish an account for the 
     administration of funds received as qualifying research 
     grants under this subsection. Funds in the account with 
     respect to a grant shall be used in accordance with the terms 
     and condition of the grant and subject to applicable 
     provisions of the regulations prescribed under paragraph (6).
       ``(5) Subject to such limitations as may be provided in 
     appropriations Acts, appropriations available for the United 
     States Air Force Institute of Technology may be used to pay 
     expenses incurred by the Institute in applying for, and 
     otherwise pursuing, the award of qualifying research grants.
       ``(6) The Secretary of the Air Force shall prescribe 
     regulations for purposes of the administration of this 
     subsection.''.
                                 ______
                                 
  SA 1357. Mrs. HUTCHISON (for herself, Mr. Nelson of Florida, and Mr. 
Sessions) submitted an amendment intended to be proposed by her to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the 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;
       (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 uninterrupted preeminence in human 
     spaceflight.
                                 ______
                                 
  SA 1358. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 178, strike lines 20 through 24 and insert the 
     following:
       (4) Department of Defense participation in the Medicare 
     Advantage Program, formerly Medicare plus Choice;
       (5) the use of flexible spending accounts and health 
     savings accounts for military retirees under the age of 65;
       (6) incentives for eligible beneficiaries of the military 
     health care system to retain private employer-provided health 
     care insurance;
       (7) means of improving integrated systems of disease 
     management, including chronic illness management;
       (8) means of improving the safety and efficiency of 
     pharmacy benefits management;
       (9) the management of enrollment options for categories of 
     eligible beneficiaries in the military health care system;
       (10) reform of the provider payment system, including the 
     potential for use of a pay-for-performance system in order to 
     reward quality and efficiency in the TRICARE System;
       (11) means of improving efficiency in the administration of 
     the TRICARE program, to include the reduction of headquarters 
     and redundant management layers, and maximizing efficiency in 
     the claims processing system;
       (12) other improvements in the efficiency of the military 
     health care system; and
       (13) any other matters the Secretary considers appropriate 
     to improve the efficiency and quality of military health care 
     benefits.
                                 ______
                                 
  SA 1359. Mr. THOMAS (for himself and Mr. Enzi) submitted an amendment 
intended to be proposed by him to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, in the table following line 4, insert after 
     the item relating to Fairchild Air Force Base, Washington, 
     the following:

 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Wyoming...........................  F.E. Warren Air          $10,000,000
                                     Force Base.
------------------------------------------------------------------------

       On page 326, in the table following line 4, strike the 
     amount identified as the total in the amount column and 
     insert ``$1,058,106,000''.
       On page 329, line 8, strike ``$3,116,982,000'' and insert 
     ``$3,126,982,000''.
       On page 329, line 11, strike ``$923,106,000'' and insert 
     ``$933,106,000''.
                                 ______
                                 
  SA 1360. Mr. GRASSLEY (for himself and Mr. Harkin) submitted an 
amendment intended to be proposed by him to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2602. CONSTRUCTION OF ARMY NATIONAL GUARD READINESS 
                   CENTER, IOWA CITY, IOWA.

       Of the amount authorized to be appropriated for the 
     Department of the Army for the Army National Guard of the 
     United States under section 2601(1)(A), $10,724,000 is 
     available for the construction of an Army National Guard 
     Readiness Center in Iowa City, Iowa.
                                 ______
                                 
  SA 1361. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year

[[Page 16871]]

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

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

     SEC. 244. SEMICONDUCTOR MANUFACTURING AND TECHNOLOGY.

       (a) Plan To Sustain United States Leadership.--The 
     Secretary of Defense shall develop a plan to ensure that the 
     United States sustains its worldwide leadership in 
     semiconductor manufacturing and technology over the long-
     term.
       (b) Consultation.--The Secretary of Defense shall consult 
     in the development of the plan required by subsection (a) 
     with the following:
       (1) The Secretary of the Treasury.
       (2) The Secretary of Commerce.
       (3) The United States Trade Representative.
       (4) The Office of Science and Technology Policy.
       (5) The National Science Foundation.
       (c) Incorporation of Recommendations.--In developing the 
     plan required by subsection (a), the Secretary of Defense 
     shall take into account the recommendations contained in the 
     report of the Defense Science Board Task Force on High 
     Performance Microchip Supply.
       (d) Report.--Not later than six months 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 
     House of Representatives a report setting forth the plan 
     developed under subsection (a).
                                 ______
                                 
  SA 1362. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 718. REPORT ON THE DEPARTMENT OF DEFENSE COMPOSITE 
                   HEALTH CARE SYSTEM II.

       (a) Report Required.--Not later than six months after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     report on the Department of Defense Composite Health Care 
     System II (CHCS II).
       (b) Report Elements.--The report under subsection (a) shall 
     include the following:
       (1) A chronology and description of previous efforts 
     undertaken to develop an electronic medical records system 
     capable of maintaining a two-way exchange of data between the 
     Department of Defense and the Department of Veterans Affairs.
       (2) The plans as of the date of the report, including any 
     projected commencement dates, for the implementation of the 
     Composite Health Care System II.
       (3) A statement of the amounts obligated and expended as of 
     the date of the report on the development of a system for the 
     two-way exchange of data between the Department of Defense 
     and the Department of Veterans Affairs, including the 
     Composite Health Care System II.
       (4) An estimate of the amounts that will be required for 
     the completion of the Composite Health Care System II.
       (5) A detailed description of the manpower allocated as of 
     the date of the report to the development of the Composite 
     Health Care System II.
       (6) A description of the software and hardware being 
     considered as of the date of the report for use in the 
     Composite Health Care System II.
       (7) A description of the management structure used in the 
     development of the Composite Health Care System II.
       (8) A description of the accountability measures utilized 
     during the development of the Composite Health Care System II 
     in order to evaluate progress made in the development of that 
     System.
       (9) The schedule for the remaining development of the 
     Composite Health Care System II.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services, Appropriations, 
     Veterans' Affairs, and Health, Education, Labor, and Pensions 
     of the Senate; and
       (2) the Committees on Armed Services, Appropriations, 
     Veterans' Affairs, and Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 1363. Mr. GRAHAM (for himself, Mrs. Clinton, Mr. Leahy, Mr. 
Lautenberg, Mr. DeWine, Mr. Kerry, Mr. Pryor, Mr. Reid, Mr. Coleman, 
Mr. Dayton, Mr. Allen, Ms. Cantwell, Ms. Murkowski, Mr. Warner, Mr. 
Levin, and Mrs. Murray) 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 VII, add the following:

     SEC. 705. EXPANDED ELIGIBILITY OF MEMBERS OF THE SELECTED 
                   RESERVE UNDER THE TRICARE PROGRAM.

       (a) General Eligibility.--Subsection (a) of section 1076d 
     of title 10, United States Code, is amended--
       (1) by striking ``(a) Eligibility.--A member'' and 
     inserting ``(a) Eligibility.--(1) Except as provided in 
     paragraph (2), a member'';
       (2) by striking ``after the member completes'' and all that 
     follows through ``one or more whole years following such 
     date''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) does not apply to a member who is 
     enrolled, or is eligible to enroll, in a health benefits plan 
     under chapter 89 of title 5.''.
       (b) Condition for Termination of Eligibility.--Subsection 
     (b) of such section is amended by striking ``(b) Period of 
     Coverage.--(1) TRICARE Standard'' and all that follows 
     through ``(3) Eligibility'' and inserting ``(b) Termination 
     of Eligibility Upon Termination of Service.--Eligibility''.
       (c) Conforming Amendments.--
       (1) Such section is further amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsection (g) as subsection (e) and 
     transferring such subsection within such section so as to 
     appear following subsection (d).
       (2) The heading for such section is amended to read as 
     follows:

     ``Sec. 1076d. TRICARE program: TRICARE Standard coverage for 
       members of the Selected Reserve''.

       (d) Repeal of Obsolete Provision.--Section 1076b of title 
     10, United States Code, is repealed.
       (e) Clerical Amendments.--The table of sections at the 
     beginning of chapter 55 of title 10, United States Code, is 
     amended--
       (1) by striking the item relating to section 1076b; and
       (2) by striking the item relating to section 1076d and 
     inserting the following:

``1076d. TRICARE program: TRICARE Standard coverage for members of the 
              Selected Reserve.''.

       (f) Savings Provision.--Enrollments in TRICARE Standard 
     that are in effect on the day before the date of the 
     enactment of this Act under section 1076d of title 10, United 
     States Code, as in effect on such day, shall be continued 
     until terminated after such day under such section 1076d as 
     amended by this section.
                                 ______
                                 
  SA 1364. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 653. SERVICEMEMBERS RIGHTS UNDER THE HOUSING AND URBAN 
                   DEVELOPMENT ACT OF 1968.

       (a) In General.--Section 106(c)(5)(A)(ii) of the Housing 
     and Urban Development Act of 1968 (12 U.S.C. 
     1701x(c)(5)(A)(ii)) is amended--
       (1) in subclause (II), by striking ``; and'' and inserting 
     a semicolon;
       (2) in subclause (III), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:

       ``(IV) notify the homeowner or mortgage applicant by a 
     statement or notice, written in plain English by the 
     Secretary of Housing and Urban Development, in consultation 
     with the Secretary of Defense and the Secretary of the 
     Treasury, explaining the mortgage and foreclosure rights of 
     servicemembers, and the dependents of such servicemembers, 
     under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 
     et seq.), including the toll-free military one source number 
     to call if servicemembers, or the dependents of such 
     servicemembers, require further assistance.''.

       (b) No Effect on Other Laws.--Nothing in this section shall 
     relieve any person of any obligation imposed by any other 
     Federal, State, or local law.
       (c) Disclosure Form.--Not later than 150 days after the 
     date of enactment of this Act, the Secretary of Housing and 
     Urban Development shall issue a final disclosure form to 
     fulfill the requirement of section 106(c)(5)(A)(ii)(IV) of 
     the Housing and Urban Development Act of 1968 (12 U.S.C. 
     1701x(c)(5)(A)(ii)).
       (d) Effective Date.--The amendments made under subsection 
     (a) shall take effect 150 days after the date of enactment of 
     this Act.

[[Page 16872]]


                                 ______
                                 
  SA 1365. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1073. DISCLOSURE OF CERTAIN INFORMATION DURING MILITARY 
                   RECRUITMENT ACTIVITIES.

       (a) In General.--The Secretary of Defense shall require 
     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.
       (b) Particular Information.--The information provided under 
     subsection (a) shall include the following:
       (1) A description of the so-called ``stop loss'' authority 
     and of the manner in which exercise of such authority could 
     affect the duration of an individual service on active duty.
       (2) A description of the authority for the call or order to 
     active duty of members of the Individual Ready Reserve and of 
     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.
       (3) A description of any other authorities applicable to 
     the call or order to active duty or 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.
       (4) Such other information as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 1366. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 309, after line 24, add the following new title:

                    TITLE XV--TRANSITIONAL SERVICES

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Veterans' Enhanced 
     Transition Services Act of 2005''.

     SEC. 1502. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE 
                   PROGRAMS.

       (a) Preseparation Counseling.--Section 1142 of title 10, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``provide for individual 
     preseparation counseling'' and inserting ``shall provide 
     individual preseparation counseling'';
       (B) by redesignating paragraph (4) as paragraph (6); and
       (C) by inserting after paragraph (3) the following:
       ``(4) For members of the reserve components who have been 
     serving on active duty continuously for at least 180 days, 
     the Secretary concerned shall require that preseparation 
     counseling under this section be provided to all such members 
     (including officers) before the members are separated.
       ``(5) The Secretary concerned shall ensure that commanders 
     of members entitled to services under this section authorize 
     the members to obtain such services during duty time.''.
       (2) in subsection (b)--
       (A) in paragraph (4), by striking ``(4) Information 
     concerning'' and inserting the following:
       ``(4) Provision of information on civilian occupations and 
     related assistance programs, including information 
     concerning--
       ``(A) certification and licensure requirements that are 
     applicable to civilian occupations;
       ``(B) civilian occupations that correspond to military 
     occupational specialties; and
       ``(C)''; and
       (B) by adding at the end the following:
       ``(11) Information concerning the priority of service for 
     veterans in the receipt of employment, training, and 
     placement services provided under qualified job training 
     programs of the Department of Labor.
       ``(12) Information concerning veterans small business 
     ownership and entrepreneurship programs of the Small Business 
     Administration and the National Veterans Business Development 
     Corporation.
       ``(13) Information concerning employment and reemployment 
     rights and obligations under chapter 43 of title 38.
       ``(14) Information concerning veterans preference in 
     federal employment and federal procurement opportunities.
       ``(15) Information concerning homelessness, including risk 
     factors, awareness assessment, and contact information for 
     preventative assistance associated with homelessness.
       ``(16) Contact information for housing counseling 
     assistance.
       ``(17) A description, developed in consultation with the 
     Secretary of Veterans Affairs, of health care and other 
     benefits to which the member may be entitled under the laws 
     administered by the Secretary of Veterans Affairs.
       ``(18) If a member is eligible, based on a preseparation 
     physical examination, for compensation benefits under the 
     laws administered by the Secretary of Veterans Affairs, a 
     referral for a medical examination by the Secretary of 
     Veterans Affairs (commonly known as a `compensation and 
     pension examination').'';
       (3) by adding at the end the following:
       ``(d) Additional Requirements.--(1) The Secretary concerned 
     shall ensure that--
       ``(A) preseparation counseling under this section includes 
     material that is specifically relevant to the needs of--
       ``(i) persons being separated from active duty by discharge 
     from a regular component of the armed forces; and
       ``(ii) members of the reserve components being separated 
     from active duty;
       ``(B) the locations at which preseparation counseling is 
     presented to eligible personnel include--
       ``(i) each military installation under the jurisdiction of 
     the Secretary;
       ``(ii) each armory and military family support center of 
     the National Guard;
       ``(iii) inpatient medical care facilities of the uniformed 
     services where such personnel are receiving inpatient care; 
     and
       ``(iv) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, a location reasonably convenient to the 
     member;
       ``(C) the scope and content of the material presented in 
     preseparation counseling at each location under this section 
     are consistent with the scope and content of the material 
     presented in the preseparation counseling at the other 
     locations under this section; and
       ``(D) follow up counseling is provided for each member of 
     the reserve components described in subparagraph (A) not 
     later than 180 days after separation from active duty.
       ``(2) The Secretary concerned shall, on a continuing basis, 
     update the content of the materials used by the National 
     Veterans Training Institute and such officials' other 
     activities that provide direct training support to personnel 
     who provide preseparation counseling under this section.
       ``(e) National Guard Members on Duty in State Status.--(1) 
     Members of the National Guard, who are separated from long-
     term duty to which ordered under section 502(f) of title 32, 
     shall be provided preseparation counseling under this section 
     to the same extent that members of the reserve components 
     being discharged or released from active duty are provided 
     preseparation counseling under this section.
       ``(2) The preseparation counseling provided personnel under 
     paragraph (1) shall include material that is specifically 
     relevant to the needs of such personnel as members of the 
     National Guard.
       ``(3) The Secretary of Defense shall prescribe, by 
     regulation, the standards for determining long-term duty 
     under paragraph (1).''; and
       (4) by amending the heading to read as follows:

     ``Sec. 1142. Members separating from active duty: 
       preseparation counseling''.

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 58 of title 10, United States Code, is 
     amended by striking the item relating to section 1142 and 
     inserting the following:

``1142. Members separating from active duty: preseparation 
              counseling.''.
       (c) Department of Labor Transitional Services Program.--
     Section 1144 of title 10, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``paragraph (4)(A)'' 
     in the second sentence and inserting ``paragraph (6)(A)'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Participation.--(1) Subject to paragraph (2), the 
     Secretary and the Secretary of Homeland Security shall 
     require participation by members of the armed forces eligible 
     for assistance under the program carried out under this 
     section.
       ``(2) The Secretary and the Secretary of Homeland Security 
     need not require, but shall encourage and otherwise promote, 
     participation in the program by the following members of the 
     armed forces described in paragraph (1):
       ``(A) Each member who has previously participated in the 
     program.
       ``(B) Each member who, upon discharge or release from 
     active duty, is returning to--
       ``(i) a position of employment; or

[[Page 16873]]

       ``(ii) pursuit of an academic degree or other educational 
     or occupational training objective that the member was 
     pursuing when called or ordered to such active duty.
       ``(3) The Secretary concerned shall ensure that commanders 
     of members entitled to services under this section authorize 
     the members to obtain such services during duty time.''; and
       (3) by adding at the end the following:
       ``(e) Updated Materials.--The Secretary concerned shall, on 
     a continuing basis, update the content of all materials used 
     by the Department of Labor that provide direct training 
     support to personnel who provide transitional services 
     counseling under this section.''.

     SEC. 1503. BENEFITS DELIVERY AT DISCHARGE PROGRAMS.

       (a) Plan for Maximum Access to Benefits.--
       (1) In general.--The Secretary of Defense, the Secretary of 
     Homeland Security, and the Secretary of Veterans Affairs 
     shall jointly submit to Congress a plan to maximize access to 
     benefits delivery at discharge programs for members of the 
     Armed Forces.
       (2) Contents.--The plan submitted under paragraph (1) shall 
     include a description of efforts to ensure that services 
     under programs described in paragraph (1) are provided, to 
     the maximum extent practicable--
       (A) at each military installation under the jurisdiction of 
     the Secretary;
       (B) at each armory and military family support center of 
     the National Guard;
       (C) at each installation and inpatient medical care 
     facility of the uniformed services at which personnel 
     eligible for assistance under such programs are discharged 
     from the armed forces; and
       (D) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of title 10, United 
     States Code, who is being retired under another provision of 
     such title or is being discharged, at a location reasonably 
     convenient to the member.
       (b) Definition.--In this section, the term ``benefits 
     delivery at discharge program'' means a program administered 
     jointly by the Secretary of Defense and the Secretary of 
     Veterans Affairs to provide information and assistance on 
     available benefits and other transition assistance to members 
     of the Armed Forces who are separating from the Armed Forces, 
     including assistance to obtain any disability benefits for 
     such members may be eligible.

     SEC. 1504. POST-DEPLOYMENT MEDICAL ASSESSMENT AND SERVICES.

       (a) Improvement of Medical Tracking System for Members 
     Deployed Overseas.--Section 1074f of title 10, United States 
     Code, is amended--
       (1) in subsection (b), by striking ``(including an 
     assessment of mental health'' and inserting ``(which shall 
     include mental health screening and assessment'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Physical Medical Examinations.--(1) The Secretary 
     shall--
       ``(A) prescribe the minimum content and standards that 
     apply for the physical medical examinations required under 
     this section; and
       ``(B) ensure that the content and standards prescribed 
     under subparagraph (A) are uniformly applied at all 
     installations and medical facilities of the armed forces 
     where physical medical examinations required under this 
     section are performed for members of the armed forces 
     returning from a deployment described in subsection (a).
       ``(2) An examination consisting solely or primarily of an 
     assessment questionnaire completed by a member does not meet 
     the requirements under this section for--
       ``(A) a physical medical examination; or
       ``(B) an assessment.
       ``(3) The content and standards prescribed under paragraph 
     (1) for mental health screening and assessment shall 
     include--
       ``(A) content and standards for screening mental health 
     disorders; and
       ``(B) in the case of acute post-traumatic stress disorder 
     and delayed onset post-traumatic stress disorder, specific 
     questions to identify stressors experienced by members that 
     have the potential to lead to post-traumatic stress disorder, 
     which questions may be taken from or modeled after the post-
     deployment assessment questionnaire used in June 2005.
       ``(4) An examination of a member required under this 
     section may not be waived by the Secretary (or any official 
     exercising the Secretary's authority under this section) or 
     by the member.
       ``(d) Follow up Services.--(1) The Secretary, in 
     consultation with the Secretary of Veterans Affairs, shall 
     ensure that appropriate actions are taken to assist a member 
     who, as a result of a post-deployment medical examination 
     carried out under the system established under this section, 
     receives an indication for a referral for follow up treatment 
     from the health care provider who performs the examination.
       ``(2) Assistance required to be provided to a member under 
     paragraph (1) includes--
       ``(A) information regarding, and any appropriate referral 
     for, the care, treatment, and other services that the 
     Secretary or the Secretary of Veterans Affairs may provide to 
     such member under any other provision of law, including--
       ``(i) clinical services, including counseling and treatment 
     for post-traumatic stress disorder and other mental health 
     conditions; and
       ``(ii) any other care, treatment, and services;
       ``(B) information on the private sector sources of 
     treatment that are available to the member in the member's 
     community; and
       ``(C) assistance to enroll in the health care system of the 
     Department of Veterans Affairs for health care benefits for 
     which the member is eligible under laws administered by the 
     Secretary of Veterans Affairs.''.
       (b) Report on PTSD Cases.--(1) The Secretary of Defense and 
     the Secretary of Veterans Affairs shall jointly submit to 
     Congress a report on the services provided to members and 
     former members of the Armed Forces who experience post-
     traumatic stress disorder (and related conditions) associated 
     with service in the Armed Forces.
       (2) The report submitted under paragraph (1) shall 
     include--
       (A) the number of persons treated;
       (B) the types of interventions; and
       (C) the programs that are in place for each of the Armed 
     Forces to identify and treat cases of post-traumatic stress 
     disorder and related conditions.

     SEC. 1505. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES 
                   AND ORGANIZATIONS.

       (a) Department of Defense.--
       (1) In general.--Chapter 58 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1154. Veteran-to-veteran preseparation counseling

       ``(a) Cooperation Required.--The Secretary shall carry out 
     a program to facilitate the access of representatives of 
     military and veterans' service organizations and 
     representatives of veterans' services agencies of States to 
     provide preseparation counseling and services to members of 
     the armed forces who are scheduled, or are in the process of 
     being scheduled, for discharge, release from active duty, or 
     retirement.
       ``(b) Required Program Element.--The program under this 
     section shall provide for representatives of military and 
     veterans' service organizations and representatives of 
     veterans' services agencies of States to be invited to 
     participate in the preseparation counseling and other 
     assistance briefings provided to members under the programs 
     carried out under sections 1142 and 1144 of this title and 
     the benefits delivery at discharge programs.
       ``(c) Locations.--The program under this section shall 
     provide for access to members--
       ``(1) at each installation of the armed forces;
       ``(2) at each armory and military family support center of 
     the National Guard;
       ``(3) at each inpatient medical care facility of the 
     uniformed services administered under chapter 55 of this 
     title; and
       ``(4) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, at a location reasonably convenient to the 
     member.
       ``(d) Consent of Members Required.--Access to a member of 
     the armed forces under the program under this section is 
     subject to the consent of the member.
       ``(e) Definitions.--In this section:
       ``(1) The term `benefits delivery at discharge program' 
     means a program administered jointly by the Secretary and the 
     Secretary of Veterans Affairs to provide information and 
     assistance on available benefits and other transition 
     assistance to members of the armed forces who are separating 
     from the armed forces, including assistance to obtain any 
     disability benefits for which such members may be eligible.
       ``(2) The term `representative', with respect to a 
     veterans' service organization, means a representative of an 
     organization who is recognized by the Secretary of Veterans 
     Affairs for the representation of veterans under section 5902 
     of title 38.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 58 of title 10, United States Code, is 
     amended by adding at the end the following:

``1154. Veteran-to-veteran preseparation counseling.''.

       (b) Department of Veterans Affairs.--
       (1) In general.--Subchapter I of chapter 17 of title 38, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1709. Veteran-to-veteran counseling

       ``(a) Cooperation Required.--The Secretary shall carry out 
     a program to facilitate the access of representatives of 
     military and veterans' service organizations and 
     representatives of veterans' services agencies of States to 
     veterans furnished care and services under this chapter to 
     provide information and counseling to such veterans on--
       ``(1) the care and services authorized by this chapter; and
       ``(2) other benefits and services available under the laws 
     administered by the Secretary.

[[Page 16874]]

       ``(b) Facilities Covered.--The program under this section 
     shall provide for access to veterans described in subsection 
     (a) at each facility of the Department and any non-Department 
     facility at which the Secretary furnishes care and services 
     under this chapter.
       ``(c) Consent of Veterans Required.--Access to a veteran 
     under the program under this section is subject to the 
     consent of the veteran.
       ``(d) Definition.--In this section, the term `veterans' 
     service organization' means an organization who is recognized 
     by the Secretary for the representation of veterans under 
     section 5902 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 17 of title 38, United States Code, is 
     amended by inserting after the item relating to section 1708 
     the following:

``1709. Veteran-to-veteran counseling.''.
                                 ______
                                 
  SA 1367. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       (a) Authority to Continue Allowance.--Effective as of 
     September 30, 2005, section 1026 of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13), is amended by striking subsections (d) and (e).
       (b) Codification of Reporting Requirement.--Section 411h of 
     title 37, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(e) If the amount of travel and transportation allowances 
     provided in a fiscal year under clause (ii) of subsection 
     (a)(2)(B) exceeds $20,000,000, the Secretary of Defense shall 
     submit to Congress a report specifying the total amount of 
     travel and transportation allowances provided under such 
     clause in such fiscal year.''.
       (c) Conforming Amendment.--Subsection (a)(2)(B)(ii) of such 
     section, as added by section 1026 of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13), is amended by striking ``under section 1967(c)(1)(A) 
     of title 38''.
       (d) Funding.--Funding shall be provided out of existing 
     funds.
                                 ______
                                 
  SA 1368. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 538. MODIFICATION OF LIMITATION ON NUMBER OF MONTHS 
                   MEMBERS OF THE READY RESERVE MAY BE ORDERED TO 
                   ACTIVE DUTY WITHOUT THEIR CONSENT.

       Section 12302(a) of title 10, United States Code, is 
     amended by striking ``24 consecutive months'' and inserting 
     ``24 cumulative months''.
                                 ______
                                 
  SA 1369. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 330. CHILD AND FAMILY ASSISTANCE BENEFITS FOR MEMBERS OF 
                   THE RESERVES.

       (a) Additional Amount for Operation and Maintenance, 
     Defense-wide.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance, Defense-wide 
     activities, is hereby increased by $120,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance, 
     Defense-wide activities, as increased by subsection (a), 
     $120,000,000 may be available as follows:
       (1) $100,000,000 for childcare services for families of 
     members of the National Guard and Reserves who are mobilized.
       (2) $20,000,000 for family assistance centers that 
     primarily serve members of the National Guard and Reserves 
     and their families.
                                 ______
                                 
  SA 1370. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XII, add the following:

     SEC. 1205. COMPTROLLER GENERAL REVIEW OF THE UNITED STATES 
                   EXPORT CONTROL SYSTEM.

       (a) Comptroller General Review.--The Comptroller General of 
     the United States shall carry out a review of the current 
     United States export control system in order to determine--
       (1) the extent to which the export control system is 
     efficient and effective; and
       (2) the extent to which the export control system is 
     focused on controlling articles and technology that are 
     critical to the national security of the United States.
       (b) Matters To Be Addressed.--In carrying out the review 
     required by subsection (a), the Comptroller General shall 
     address the following:
       (1) The percentage of license applications involving 
     commercial components or technologies that were included on 
     the United States Munitions List because such components or 
     technologies were designed or modified for specific military 
     applications.
       (2) The extent to which the inclusion of such components or 
     technologies on the Munitions List has had an impact on 
     limiting the ability of foreign countries to build or repair 
     foreign equipment.
       (3) The availability of similar or alternative components 
     and technologies from non-United States manufacturers.
       (c) Report.--Not later than October 1, 2006, the 
     Comptroller General shall submit to the appropriate 
     committees of Congress a report on the review required by 
     subsection (a). The report shall include--
       (1) the results of the review; and
       (2) such recommendations for legislative or administrative 
     action as the Comptroller General considers appropriate to 
     make the United States export control system more effective, 
     including by reducing controls and paperwork that do not 
     promote United States security and economic interests.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services, Appropriations, and 
     Foreign Relations of the Senate; and
       (2) the Committees on Armed Services, Appropriations, and 
     International Relations of the House of Representatives.
                                 ______
                                 
  SA 1371. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 846. ECONOMIC DISADVANTAGE.

       Section 8(a)(6) of the Small Business Act (15 U.S.C. 
     637(a)(6)) is amended to read as follows:
       ``(6)(A)(i) Economically disadvantaged individuals are 
     those socially disadvantaged individuals whose ability to 
     compete in the free enterprise system has been impaired due 
     to diminished capital and credit opportunities, as compared 
     to others in the same business area who are not socially 
     disadvantaged.
       ``(ii) In determining the degree of diminished credit and 
     capital opportunities of a socially disadvantaged individual 
     for purposes of clause (i), the Administrator shall consider 
     the assets and net worth of that individual as they relates 
     to--
       ``(I) the assets and net worth of a business owner who is 
     not socially disadvantaged; and
       ``(II) the capital needs of the primary industry in which 
     the owner of the business is engaged.
       ``(iii) In determining the economic disadvantage of an 
     Indian tribe for purposes of clause (i), the Administrator 
     shall consider, where available--
       ``(I) the per capita income of members of the tribe 
     excluding judgment awards;
       ``(II) the percentage of the local Indian population below 
     the poverty level; and
       ``(III) the access of the tribe to capital markets.
       ``(B) Except as provided in paragraph (21), for purposes of 
     this section, an individual who has been determined by the 
     Administrator to be economically disadvantaged at

[[Page 16875]]

     the time of program entry shall be deemed to be economically 
     disadvantaged for the term of the program.
       ``(C) In computing personal net worth for the purpose of 
     program entry under subparagraph (B), the Administrator shall 
     exclude--
       ``(i) the value of investments that a disadvantaged owner 
     has in the business concern of the owner, except that such 
     value shall be taken into account under this paragraph when 
     comparing such concerns to other concerns in the same 
     business area that are owned by other than socially 
     disadvantaged persons; and
       ``(ii) the equity that a disadvantaged owner has in the 
     primary personal residence of the owner.
       ``(D) The Administrator shall not establish a maximum net 
     worth that prohibits program entry that is less than 
     $750,000.''.
                                 ______
                                 
  SA 1372. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XII, add the following:

     SEC. 1205. THRESHOLDS FOR ADVANCE NOTICE TO CONGRESS OF SALES 
                   OR UPGRADES OF DEFENSE ARTICLES, DESIGN AND 
                   CONSTRUCTION SERVICES, AND MAJOR DEFENSE 
                   EQUIPMENT.

       (a) Letters of Offer To Sell.--Subsection (b) of section 36 
     of the Arms Export Control Act (22 U.S.C. 2776) is amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``Subject to paragraph (6), in'' and 
     inserting ``In'';
       (B) by striking ``Act for $50,000,000'' and inserting ``Act 
     for $100,000,000'';
       (C) by striking ``services for $200,000,000'' and inserting 
     ``services for $350,000,000'';
       (D) by striking ``$14,000,000'' and inserting 
     ``$50,000,000''; and
       (E) by inserting ``and in other cases if the President 
     determines it is appropriate,'' before ``before such 
     letter'';
       (2) in the first sentence of paragraph (5)(C)--
       (A) by striking ``Subject to paragraph (6), if'' and 
     inserting ``If'';
       (B) by striking ``costs $14,000,000'' and inserting ``costs 
     $50,000,000'';
       (C) by striking ``equipment, $50,000,000'' and inserting 
     ``equipment, $100,000,000'';
       (D) by striking ``or $200,000,000'' and inserting ``or 
     $350,000,000''; and
       (E) by inserting ``and in other cases if the President 
     determines it is appropriate,'' before ``then the 
     President''; and
       (3) by striking paragraph (6).
       (b) Export Licenses.--Subsection (c) of section 36 of the 
     Arms Export Control Act is amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``Subject to paragraph (5), in'' and 
     inserting ``In'';
       (B) by striking ``$14,000,000'' and inserting 
     ``$50,000,000'';
       (C) by striking ``services sold under a contract in the 
     amount of $50,000,000'' and inserting ``services sold under a 
     contract in the amount of $100,000,000''; and
       (D) by inserting ``and in other cases if the President 
     determines it is appropriate,'' before ``before issuing 
     such'';
       (2) in the last sentence of paragraph (2), by striking 
     ``(A) and (B)'' and inserting ``(A), (B), and (C)''; and
       (3) by striking paragraph (5).
       (c) Presidential Consent.--Section 3(d) of the Arms Export 
     Control Act (22 U.S.C. 2753(d)) is amended--
       (1) in paragraphs (1) and (3)(A)--
       (A) by striking ``Subject to paragraph (5), the'' and 
     inserting ``The'';
       (B) by striking ``$14,000,000'' and inserting 
     ``$50,000,000''; and
       (C) by striking ``service valued (in terms of its original 
     acquisition cost) at $50,000,000'' and inserting ``service 
     valued (in terms of its original acquisition cost) at 
     $100,000,000''; and
       (2) by striking paragraph (5).
                                 ______
                                 
  SA 1373. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

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

       (a) Reduced Eligibility Age.--Section 12731 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) has attained the eligibility age applicable under 
     subsection (f) to that person;''; and
       (2) by adding at the end the following new subsection:
       ``(f)(1) Subject to paragraph (2), the eligibility age for 
     the purposes of subsection (a)(1) is 60 years of age.
       ``(2)(A) In the case of a person who serves on active 
     service (other than for training) for a period of 179 or more 
     consecutive days commencing on or after September 11, 2001, 
     the eligibility age for the purposes of subsection (a)(1) 
     shall be reduced below 60 years of age by one year for each 
     period of 179 consecutive days on which such person so 
     performs, subject to subparagraph (B). A day of duty may be 
     included in only one period of duty for purposes of this 
     paragraph.
       ``(B) The eligibility age may not be reduced below 50 years 
     of age for any person under subparagraph (A).''.
       (b) Continuation of Age 60 as Minimum Age for Eligibility 
     of Non-Regular Service Retirees for Health Care.--Section 
     1074(b) of such title is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) does not apply to a member or former 
     member entitled to retired pay for non-regular service under 
     chapter 1223 of this title who is under 60 years of age.''.
       (c) Administration of Related Provisions of Law or 
     Policy.--With respect to any provision of law, or of any 
     policy, regulation, or directive of the executive branch that 
     refers to a member or former member of the uniformed services 
     as being eligible for, or entitled to, retired pay under 
     chapter 1223 of title 10, United States Code, but for the 
     fact that the member or former member is under 60 years of 
     age, such provision shall be carried out with respect to that 
     member or former member by substituting for the reference to 
     being 60 years of age a reference to having attained the 
     eligibility age applicable under subsection (f) of section 
     12731 of title 10, United States Code (as added by subsection 
     (a)), to such member or former member for qualification for 
     such retired pay under subsection (a) of such section.
       (d) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect as of September 11, 2001, 
     and shall apply with respect to applications for retired pay 
     that are submitted under section 12731(a) of title 10, United 
     States Code, on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1374. 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 296, after line 19, insert the following:

     SEC. 1205. REPORT ON USE OF RIOT CONTROL AGENTS.

       (a) Statement of Policy.--It remains the longstanding 
     policy of the United States, as provided in Executive Order 
     11850 (40 Fed Reg 16187) and affirmed by the Senate in the 
     resolution of ratification of the Chemical Weapons 
     Convention, that riot control agents are not chemical weapons 
     but are legitimate, legal, and non-lethal alternatives to the 
     use of lethal force that may be employed by members of the 
     Armed Forces in combat and in other situations for defensive 
     purposes to save lives, particularly for those illustrative 
     purposes cited specifically in Executive Order 11850.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to Congress a report on the use of 
     riot control agents.
       (2) Content.--The reports required under paragraph (1) 
     shall include--
       (A) a listing of international and multilateral forums that 
     occurred in the preceding 12 months at which--
       (i) the United States was represented; and
       (ii) the issues of the Chemical Weapons Convention, riot 
     control agents, or non-lethal weapons were raised or 
     discussed;
       (B) with regard to the forums described in subparagraph 
     (A), a listing of those events at which the attending United 
     States representatives publicly and fully articulated the 
     United States policy with regard to riot control agents, as 
     outlined and in accordance with Executive Order 11850, the 
     Senate resolution of ratification to the Chemical Weapons 
     Convention, and the statement of policy set forth in 
     subsection (a);
       (C) a description of efforts by the United States 
     Government to promote adoption by other states-parties to the 
     Chemical Weapons Convention of the United States policy and 
     position on the use of riot control agents in combat;
       (D) the legal interpretation of the Department of Justice 
     with regard to the current

[[Page 16876]]

     legal availability and viability of Executive Order 11850, to 
     include the rationale as to why Executive Order 11850 remains 
     permissible under United States law;
       (E) a description of the availability of riot control 
     agents, and the means to deploy them, to members of the Armed 
     Forces deployed in Iraq;
       (F) a description of the doctrinal publications, training, 
     and other resources available to members of the Armed Forces 
     on an annual basis with regard to the tactical employment of 
     riot control agents in combat; and
       (G) a description of cases in which riot control agents 
     were employed, or requested to be employed, during combat 
     operations in Iraq since March, 2003.
       (3) Form.--The reports required under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (c) Definitions.--In this section--
       (1) the term ``Chemical Weapons Convention'' means the 
     Convention on the Prohibitions of Development, Production, 
     Stockpiling and Use of Chemical Weapons and on Their 
     Destruction, with annexes, done at Paris, January 13, 1993, 
     and entered into force April 29, 1997 (T. Doc. 103-21); and
       (2) the term ``resolution of ratification of the Chemical 
     Weapons Convention'' means Senate Resolution 75, 105th 
     Congress, agreed to April 24, 1997, advising and consenting 
     to the ratification of the Chemical Weapons Convention.
                                 ______
                                 
  SA 1375. 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. REPORT ON COSTS TO CARRY OUT UNITED NATIONS 
                   RESOLUTIONS.

       (a) Assignment Authority of Secretary of Defense.--The 
     Secretary of Defense shall submit, on a quarterly basis, a 
     report to the congressional defense committees, the Committee 
     on Foreign Relations of the Senate, and the Committee on 
     International Relations of the House of Representatives that 
     sets forth all costs (including incremental costs) incurred 
     by the Department of Defense during the preceding quarter in 
     implementing or supporting any resolution adopted by the 
     United Nations Security Council, including any such 
     resolution calling for international sanctions, international 
     peacekeeping operations, or humanitarian missions undertaken 
     by the Department of Defense. Each such quarterly report 
     shall include an aggregate of all such Department of Defense 
     costs by operation or mission.
       (b) Costs for Training Foreign Troops.--The Secretary of 
     Defense shall detail in the quarterly reports all costs 
     (including incremental costs) incurred in training foreign 
     troops for United Nations peacekeeping duties.
       (c) Credit and Compensation.--The Secretary of Defense 
     shall detail in the quarterly reports 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.
                                 ______
                                 
  SA 1376. Mr. LEVIN (for himself, Mr. Warner, 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 159, strike line 20 and all that follows through 
     page 161, line 9, and insert the following:

     SEC. 641. ENHANCEMENT OF DEATH GRATUITY AND ENHANCEMENT OF 
                   LIFE INSURANCE BENEFITS FOR CERTAIN COMBAT 
                   RELATED DEATHS.

       (a) Increased Amount of Death Gratuity.--
       (1) Increased amount.--Section 1478(a) of title 10, United 
     States Code, is amended by striking ``$12,000'' and inserting 
     ``$100,000''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on October 7, 2001, and shall apply with 
     respect to deaths occurring on or after that date.
       (3) Coordination with other enhancements.--If the date of 
     the enactment of this Act occurs before October 1, 2005--
       (A) effective as of such date of enactment, the amendments 
     made to section 1478 of title 10, United States Code, by the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13) are repealed; and
       (B) effective immediately before the execution of the 
     amendment made by paragraph (1), the provisions of section 
     1478 of title 10, United States Code, as in effect on the 
     date before the date of the enactment of the Act referred to 
     in subparagraph (A), shall be revived.
                                 ______
                                 
  SA 1377. Ms. COLLINS proposed an amendment to amendment SA 1351 
proposed by Mr. Lautenberg (for himself, Mr. Corzine, Mrs. Clinton, and 
Mr. Feingold) to the bill S. 1042, to authorize appropriations for 
fiscal year 2006 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. __. PROHIBITION ON ENGAGING IN CERTAIN TRANSACTIONS.

       (a) Application of IEEPA Prohibitions to Those Attempting 
     to Evade or Avoid the Prohibitions.--Section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     is amended to read as follows:


                              ``PENALTIES

       ``Sec. 206. (a) It shall be unlawful for--
       ``(1) a person to violate or attempt to violate any 
     license, order, regulation, or prohibition issued under this 
     title;
       ``(2) a person subject to the jurisdiction of the United 
     States to take any action to evade or avoid, or attempt to 
     evade or avoid, a license, order, regulation, or prohibition 
     issued this title; or
       ``(3) a person subject to the jurisdiction of the United 
     States to approve, facilitate, or provide financing for any 
     action, regardless of who initiates or completes the action, 
     if it would be unlawful for such person to initiate or 
     complete the action.
       ``(b) A civil penalty of not to exceed $250,000 may be 
     imposed on any person who commits an unlawful act described 
     in paragraph (1), (2), or (3) of subsection (a).
       ``(c) A person who willfully commits, or willfully attempts 
     to commit, an unlawful act described in paragraph (1), (2), 
     or (3) of subsection (a) shall, upon conviction, be fined not 
     more than $500,000, or a natural person, may be imprisoned 
     not more than 10 years, or both; and any officer, director, 
     or agent of any person who knowingly participates, or 
     attempts to participate, in such unlawful act may be punished 
     by a like fine, imprisonment, or both.''.
       (b) Production of Records.--Section 203(a)(2) of the 
     International Emergency Economic Powers Act (50 U.S.C. 
     1702(a)(2)) is amended to read as follows:
       ``(2) In exercising the authorities granted by paragraph 
     (1), the President may require any person to keep a full 
     record of, and to furnish under oath, in the form of reports, 
     testimony, answers to questions, or otherwise, complete 
     information relative to any act or transaction referred to in 
     paragraph (1), either before, during, or after the completion 
     thereof, or relative to any interest in foreign property, or 
     relative to any property in which any foreign country or any 
     national thereof has or has had any interest, or as may be 
     otherwise necessary to enforce the provisions of such 
     paragraph. The President may require by subpoena or otherwise 
     the production under oath by any person of all such 
     information, reports, testimony, or answers to questions, as 
     well as the production of any required books of accounts, 
     records, contracts, letters, memoranda, or other papers, in 
     the custody or control of any person. The subpoena or other 
     requirement, in the case of contumacy or refusal to obey, 
     shall be enforceable by order of any appropriate United 
     States district court.''.
       (c) Clarification of Jurisdiction To Address IEEPA 
     Violations.--Section 203 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1702) is further amended by 
     adding at the end the following:
       ``(d) The district courts of the United States shall have 
     jurisdiction to issue such process described in subsection 
     (a)(2) as may be necessary and proper in the premises to 
     enforce the provisions of this title.''.
                                 ______
                                 
  SA 1378. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 330. FUNDING PRIORITIES FOR INNOVATIVE READINESS 
                   TRAINING PROGRAMS.

       In establishing funding priorities for Innovative Readiness 
     Training (IRT) Programs, the Secretary of Defense shall give 
     significant weight to training missions under such programs 
     that enhance United States border security.

[[Page 16877]]


                                 ______
                                 
  SA 1379. Mr. DURBIN (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:

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

     SEC. 330. REPORTING OF SERIOUS ADVERSE HEALTH EVENTS.

       (a) In General.--The Secretary of Defense may not permit a 
     dietary supplement containing a stimulant to be sold on a 
     military installation or in a commissary store, exchange 
     store, or other store under chapter 147 of title 10, United 
     States Code, unless the manufacturer of such dietary 
     supplement submits any report of a serious adverse health 
     event associated with such dietary supplement to the 
     Secretary of Health and Human Services, who shall make such 
     reports available to the Surgeon Generals of the Armed 
     Forces.
       (b) Effect of Section.--Notwithstanding section 201(ff)(2) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321(ff)(2)) and subsection (c)(3) of this section, this 
     section shall not apply to a dietary supplement that is 
     intended to be consumed in liquid form if the only stimulant 
     contained in such supplement is caffeine.
       (c) Definitions.--In this section:
       (1) Dietary supplement.--The term ``dietary supplement'' 
     has the same meaning given the term in section 201(ff) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)).
       (2) Serious adverse health event.--The term ``serious 
     adverse health event'' means an adverse event that may 
     reasonably be suspected to be associated with the use of a 
     dietary supplement in a human, without regard to whether the 
     event is known to be causally related to the dietary 
     supplement, that--
       (A) results in--
       (i) death;
       (ii) a life-threatening experience;
       (iii) inpatient hospitalization or prolongation of an 
     existing hospitalization;
       (iv) a persistent or significant disability or incapacity; 
     or
       (v) a congenital anomaly or birth defect; or
       (B) requires, based on reasonable medical judgment, medical 
     or surgical intervention to prevent an outcome described in 
     subparagraph (A).
       (3) Stimulant.--The term ``stimulant'' means a dietary 
     ingredient that has a stimulant effect on the cardiovascular 
     system or the central nervous system of a human by any means, 
     including--
       (A) speeding metabolism;
       (B) increasing heart rate;
       (C) constricting blood vessels; or
       (D) causing the body to release adrenaline.
                                 ______
                                 
  SA 1380. Mr. LUGAR (for himself, Mr. Levin, Mr. Domenici, Mr. Obama, 
Mr. Lott, Mr. Jeffords, Mr. Nelson of Florida, Mr. Voinovich, Mr. Dodd, 
Mr. Leahy, Mr. Nelson of Nebraska, Ms. Murkowski, Mr. Kennedy, Mr. 
Chafee, Ms. Collins, Mr. Alexander, Mr. Allen, Mr. Salazar, Mr. Hagel, 
Mr. DeWine, Mr. Reed, Mr. Dorgan, Mrs. Clinton, Ms. Mikulski, Mr. 
Biden, Ms. Stabenow, Mr. Bingaman, Mr. Akaka, Mr. Lautenberg, Mrs. 
Feinstein, Mr. Enzi, Mr. Conrad, Mrs. Boxer, Mr. Durbin, Mr. Sarbanes, 
Ms. Landrieu, Mr. Sununu, Mr. Bayh, Mr. Smith, and Mr. Carper) 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 302, between lines 2 and 3, insert the following:

     SEC. 1306. REMOVAL OF CERTAIN RESTRICTIONS ON PROVISION OF 
                   COOPERATIVE THREAT REDUCTION ASSISTANCE.

       (a) Repeal of Restrictions.--
       (1) Soviet nuclear threat reduction act of 1991.--Section 
     211(b) of the Soviet Nuclear Threat Reduction Act of 1991 
     (title II of Public Law 102-228; 22 U.S.C. 2551 note) is 
     repealed.
       (2) Cooperative threat reduction act of 1993.--Section 
     1203(d) of the Cooperative Threat Reduction Act of 1993 
     (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is 
     repealed.
       (3) Russian chemical weapons destruction facilities.--
     Section 1305 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is 
     repealed.
       (b) Inapplicability of other restrictions.--
       Section 502 of the Freedom for Russia and Emerging Eurasian 
     Democracies and Open Markets Support Act of 1992 (Public Law 
     102-511; 106 Stat. 3338; 22 U.S.C. 5852) shall not apply to 
     any Cooperative Threat Reduction program.
                                 ______
                                 
  SA 1381. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 538. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY 
                   NATIONAL GUARD MEMBERS PERFORMED WHILE IN A 
                   STATE DUTY STATUS IMMEDIATELY AFTER THE 
                   TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

       (a) Retirement Credit.--Service of a member of the Ready 
     Reserve of the Army National Guard or Air National Guard 
     described in subsection (b) shall be deemed to be service 
     creditable under section 12732(a)(2)(A)(i) of title 10, 
     United States Code.
       (b) Covered Service.--Service referred to in subsection (a) 
     is full-time State active duty service that a member of the 
     National Guard performed on or after September 11, 2001, and 
     before October 1, 2002, in any of the counties specified in 
     subsection (c) to support a Federal declaration of emergency 
     following the terrorist attacks on the United States of 
     September 11, 2001.
       (c) Covered Counties.--The counties referred to in 
     subsection (b) are the following counties in the State of New 
     York: Bronx, Kings, New York (boroughs of Brooklyn and 
     Manhattan), Queens, Richmond, Delaware, Dutchess, Nassau, 
     Orange, Putnam, Rockland, Suffolk, Sullivan, Ulster, and 
     Westchester.
       (d) Applicability.--Subsection (a) shall take effect as of 
     September 11, 2001.
                                 ______
                                 
  SA 1382. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 330. REPORT ON AIRCRAFT TO PERFORM HIGH-ALTITUDE 
                   AVIATION TRAINING SITE OF THE ARMY NATIONAL 
                   GUARD.

       Not later than December 15, 2005, the Secretary of the Army 
     shall submit to the congressional defense committee a report 
     containing the following:
       (1) An identification of the type of aircraft in the 
     inventory of the Army that is most suitable to perform the 
     High-altitude Aviation Training Site (HAATS) of the Army 
     National Guard.
       (2) A schedule for assigning such aircraft to the Training 
     Site.
                                 ______
                                 
  SA 1383. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 3114. MANAGEMENT OF POST-PROJECT COMPLETION RETIREMENT 
                   BENEFITS FOR EMPLOYEES AT DEPARTMENT OF ENERGY 
                   PROJECT COMPLETION SITES.

       (a) Program Authorized.--
       (1) In general.--The Secretary of Energy shall carry out a 
     program under which the Secretary shall use competitive 
     procedures to enter into an agreement with a contractor for 
     the plan sponsorship and program management of post-project 
     completion retirement benefits for eligible employees at each 
     Department of Energy project completion site.
       (2) Requirement of no reduction in total value of 
     retirement benefits.--The total value of post-project 
     completion retirement benefits provided to eligible employees 
     at a Department of Energy project completion site may not be 
     reduced under the program required under paragraph (1) 
     without the specific authorization of Congress.
       (b) Agreement for Benefits Management.--
       (1) In general.--The Secretary of Energy shall, in 
     accordance with procurement rules

[[Page 16878]]

     and regulations applicable to the Department of Energy, enter 
     into the agreement described in subsection (a) not later than 
     90 days after the date of the physical completion date for 
     the Department of Energy project completion site covered by 
     the agreement.
       (2) Terms of agreement.--The agreement under this section 
     shall--
       (A) provide for the plan sponsorship and program management 
     of post-project completion retirement benefits;
       (B) fully describe the post-project completion retirement 
     benefits to be provided to employees at the Department of 
     Energy project completion site; and
       (C) require that the Secretary reimburse the contractor for 
     the costs of plan sponsorship and program management of post-
     project completion retirement benefits.
       (3) Renewal of agreement.--The agreement shall be subject 
     to renewal every 5 years until all the benefit obligations 
     have been met.
       (c) Report.--
       (1) In general.--Not later than 30 days after signing of 
     the agreement described in subsection (a), the Secretary of 
     Energy shall submit to the congressional defense committees a 
     report on the program established under such subsection.
       (2) Contents.--The report submitted under paragraph (1) 
     shall describe--
       (A) the costs of plan sponsorship and program management of 
     post-project completion retirement benefits;
       (B) the funding profile in the Department of Energy's 
     future year budget for the plan sponsorship and program 
     management of post-project completion retirement benefits 
     under the agreement entered into under subsection (b);
       (C) the amount of unfunded accrued liability for eligible 
     workers at the Department of Energy project completion site; 
     and
       (D) the justification for awarding the agreement entered 
     into under subsection (b) to the selected contractor.
       (d) Definitions.--In this section:
       (1) Physical completion date.--The term ``physical 
     completion date'' means--
       (A) the date of physical completion or achievement of a 
     similar milestone defined by or calculated in accordance with 
     the terms of the completion project contract; or
       (B) if the completion project contract specifies no such 
     date, the date declared by the site contractor and accepted 
     by the Department of Energy that the site contractor has 
     completed all services required by the project completion 
     contract other than close-out tasks and any other tasks 
     excluded from the contract.
       (2) Department of energy project completion site.--The term 
     ``Department of Energy project completion site'' means a 
     site, or a project within a site, in the Department of 
     Energy's nuclear weapons complex that has been designated by 
     the Secretary of Energy for closure or completion without any 
     identified successor contractor.
       (3) Post-project completion retirement benefits.--The term 
     ``post-project completion retirement benefits'' means those 
     benefits provided to eligible employees at a Department of 
     Energy project completion site as of the physical completion 
     date through collective bargaining agreements, projects, or 
     contracts for work scope, including pension, health care, 
     life insurance benefits, and other applicable welfare 
     benefits.
       (4) Eligible employees.--The term ``eligible employees'' 
     includes--
       (A) any employee who--
       (i) was employed by the Department of energy or by contract 
     or first or second tier subcontract to perform cleanup, 
     security, or administrative duties or responsibilities at a 
     Department of Energy project completion site; and
       (ii) has met applicable eligibility requirements for post-
     project completion retirement benefits as of the physical 
     completion date; and
       (B) any eligible dependant of such an employee, as defined 
     in the post-project completion retirement benefits plan 
     documents.
       (5) Unfunded accrued liability.--The term ``unfunded 
     accrued liability'' means, with respect to eligible 
     employees, the accrued liability, as determined in accordance 
     with an actuarial cost method, that exceeds the present value 
     of the assets of a pension plan and the aggregate projected 
     life-cycle health care costs.
       (6) Plan sponsorship and program management of post-project 
     completion retirement benefits.--The term ``plan sponsorship 
     and program management of post-project completion retirement 
     benefits'' means those duties and responsibilities that are 
     necessary to execute, and are consistent with, the terms and 
     legal responsibilities of the instrument under which the 
     post-project completion retirement benefits are provided to 
     employees at a Department of Energy project completion site.
                                 ______
                                 
  SA 1384. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

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

       (a) Quarterly Reports.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report that lists and describes each 
     task or delivery order contract or other contract related to 
     security and reconstruction activities in Iraq and 
     Afghanistan in which an audit conducted by an investigative 
     or audit component of the Department of Defense during the 
     90-day period ending on the date of such report resulted in a 
     finding described in subsection (b).
       (2) Coverage of subcontracts.--For purposes of this 
     section, any reference to a contract shall be treated as a 
     reference to such contract and to any subcontracts under such 
     contract.
       (b) Covered Finding.--A finding described in this 
     subsection with respect to a task or delivery order contract 
     or other contract described in subsection (a) is a finding by 
     an investigative or audit component of the Department of 
     Defense that the contract includes costs that are 
     unsupported, questioned, or both.
       (c) Report Information.--Each report under subsection (a) 
     shall include, with respect to each task or delivery order 
     contract or other contract covered by such report--
       (1) a description of the costs determined to be 
     unsupported, questioned, or both; and
       (2) a statement of the amount of such unsupported or 
     questioned costs and the percentage of the total value of 
     such task or delivery order that such costs represent.
       (d) Withholding of Payments.--In the event that any costs 
     under a task or delivery order contract or other contract 
     described in subsection (a) are determined by an 
     investigative or audit component of the Department of Defense 
     to be unsupported, questioned, or both, the appropriate 
     Federal procurement personnel shall withhold from amounts 
     otherwise payable to the contractor under such contract a sum 
     equal to 100 percent of the total amount of such costs.
       (e) Release of Withheld Payments.--Upon a subsequent 
     determination by the appropriate Federal procurement 
     personnel, or investigative or audit component of the 
     Department of Defense, that any unsupported or questioned 
     costs for which an amount payable was withheld under 
     subsection (d) has been determined to be allowable, the 
     appropriate Federal procurement personnel may release such 
     amount for payment to the contractor concerned.
       (f) Inclusion of Information on Withholding and Release in 
     Quarterly Reports.--Each report under subsection (a) after 
     the initial report under that subsection shall include the 
     following:
       (1) A description of each action taken under subsection (d) 
     or (e) during the period covered by such report.
       (2) A justification of each determination under subsection 
     (d) or (e) that appropriately explains the determination of 
     the appropriate Federal procurement personnel in terms of 
     reasonableness, allocability, or other factors affecting the 
     acceptability of the costs concerned.
       (g) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committees on Appropriations, Armed Services, and 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committees on Appropriations, Armed Services, and 
     Government Reform of the House of Representatives.
       (2) The term ``investigative or audit component of the 
     Department of Defense'' means any of the following:
       (A) The Office of the Inspector General of the Department 
     of Defense.
       (B) The Defense Contract Audit Agency.
       (C) The Defense Contract Management Agency.
       (D) The Army Audit Agency.
       (E) The Naval Audit Service.
       (F) The Air Force Audit Agency.
       (3) The term ``questioned'', with respect to a cost, means 
     an unreasonable, unallocable, or unallowable cost.
                                 ______
                                 
  SA 1385. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 653. LIABILITY FOR NONCOMPLIANCE WITH SERVICEMEMBERS 
                   CIVIL RELIEF ACT.

       (a) In General.--The Servicemembers Civil Relief Act (50 
     U.S.C. App. 501 et seq.) is

[[Page 16879]]

     amended by adding at the end the following new title:

             ``TITLE VIII--CIVIL LIABILITY AND ENFORCEMENT

     ``SEC. 801. CIVIL LIABILITY FOR NONCOMPLIANCE.

       ``(a) In General.--Any person or entity (other than a 
     servicemember or dependent) who fails to comply with any 
     requirement imposed by this Act with respect to a 
     servicemember or dependent is liable to such servicemember or 
     dependent in an amount equal to the sum of--
       ``(1) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(2) such additional damages as the court may allow, in an 
     amount not less than $100 or more than $5,000 (as determined 
     appropriate by the court), for each violation; and
       ``(3) in the case of any successful action to enforce 
     liability under this section, the cost of the action together 
     with reasonable attorneys fees as determined by the court.
       ``(b) Attorney Fees.--On a finding by the court that an 
     unsuccessful pleading, motion, or other paper filed in 
     connection with an action under this section was filed in bad 
     faith or for the purposes of harassment, the court shall 
     award to the prevailing party attorney fees in amount that is 
     reasonable in relation to the work expended in responding to 
     such pleading, motion, or other paper.

     ``SEC. 802. ADMINISTRATIVE ENFORCEMENT.

       ``(a) Enforcement by Federal Trade Commission.--(1) Except 
     as provided in subsection (b), compliance with the 
     requirements imposed by this Act shall be enforced by the 
     Federal Trade Commission in accordance with the Federal Trade 
     Commission Act with respect to entities and persons subject 
     to the Federal Trade Commission Act.
       ``(2) For the purpose of the exercise by the Commission 
     under this subsection of its functions and powers under the 
     Federal Trade Commission Act, a violation of any requirement 
     or prohibition imposed by this Act shall constitute an unfair 
     or deceptive act or practice in commerce in violation of 
     section 5(a) of the Federal Trade Commission Act, and shall 
     be subject to enforcement by the Commission with respect to 
     any entity or person subject to enforcement by the Commission 
     pursuant to this subsection, irrespective of whether such 
     person or entity is engaged in commerce or meets any other 
     jurisdictional tests under the Federal Trade Commission Act.
       ``(3) The Commission shall have such procedural, 
     investigative, and enforcement powers, including the power to 
     issue procedural rules in enforcing compliance with the 
     requirements imposed by this Act and to require the filing of 
     reports, the production of documents, and the appearance of 
     witnesses, as though the applicable terms and conditions of 
     the Federal Trade Commission Act were part of this Act.
       ``(4) Any person or entity violating any provision of this 
     Act shall be subject to the penalties, and entitled to the 
     privileges and immunities, provided in the Federal Trade 
     Commission Act as though the applicable terms and provisions 
     of the Federal Trade Commission Act were part of this Act.
       ``(5)(A) The Commission may commence a civil action to 
     recover a civil penalty in a district court of the United 
     States against any person or entity that has engaged in such 
     violation. In such action, such person or entity shall be 
     liable, in addition to any amounts otherwise recoverable, for 
     a civil penalty in the amount of $5,000 to $50,000, as 
     determined appropriate by the court for each violation.
       ``(B) In determining the amount of a civil penalty under 
     subparagraph (A), the court shall take into account the 
     degree of culpability, any history of prior such conduct, 
     ability to pay, effect on ability to continue to do business, 
     and such other matters as justice may require.
       ``(b) Enforcement by Other Regulatory Agencies.--Compliance 
     with the requirements imposed by this Act with respect to 
     financial institutions shall be enforced under--
       ``(1) section 8 of the Federal Deposit Insurance Act, in 
     the case of--
       ``(A) national banks, and Federal branches and Federal 
     agencies of foreign banks, and any subsidiaries of such 
     (except brokers, dealers, persons providing insurance, 
     investment companies, and investment advisers) by the Office 
     of the Comptroller of the Currency;
       ``(B) member banks of the Federal Reserve System (other 
     than national banks), branches and agencies of foreign banks 
     (other than Federal branches, Federal agencies, and insured 
     State branches of foreign banks), commercial lending 
     companies owned or controlled by foreign banks, and 
     organization operating under section 25 or 25A of the Federal 
     Reserve Act, and bank holding companies and their nonbank 
     subsidiaries or affiliates (except brokers, dealers, persons 
     providing insurance, investment companies, and investment 
     advisers) by the Board of Governors of the Federal Reserve 
     System; and
       ``(C) banks insured by the Federal Deposit Insurance 
     Corporation (other than members of the Federal Reserve 
     System) and insured State branches of foreign banks, and any 
     subsidiaries of such entities (except brokers, dealers, 
     persons providing insurance, investment companies, and 
     investment advisers) by the Board of Directors of the Federal 
     Deposit Insurance Corporation;
       ``(2) section 8 of the Federal Deposit Insurance Act, by 
     the Director of the Office of Thrift Supervision, in the case 
     of a savings association the deposits of which are insured by 
     the Federal Deposit Insurance Corporation and any 
     subsidiaries of such saving associations (except brokers, 
     dealers, persons providing insurance, investment companies, 
     and investment advisers);
       ``(3) the Federal Credit Union Act, by the Administrator of 
     the National Credit Union Administration with respect to any 
     federally insured credit union, and any subsidiaries of such 
     an entity;
       ``(4) State insurance law, by the applicable State 
     insurance authority of the State in which a person is 
     domiciled, in the case of a person providing insurance; and
       ``(5) the Federal Trade Commission Act, by the Federal 
     Trade Commission for any other financial institution or other 
     person that is not subject to the jurisdiction of any agency 
     or authority under paragraphs (1) through (4).''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by adding at the end the 
     following new items:

             ``TITLE VIII--CIVIL LIABILITY AND ENFORCEMENT

``Sec. 801. Civil liability for noncompliance.
``Sec. 802. Administrative enforcement.''.
                                 ______
                                 
  SA 1386. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 371, between lines 8 and 9, insert the following:

     SEC. 2887. EFFECT OF CERTAIN FACILITIES ADMINISTRATION AND 
                   MILITARY HOUSING ACTIVITIES ON ALLOCATIONS OR 
                   ELIGIBILITY OF MILITARY INSTALLATIONS FOR POWER 
                   FROM FEDERAL POWER MARKETING AGENCIES.

       Notwithstanding any other provision of law, a Federal power 
     marketing agency may not terminate the eligibility of a 
     military installation for power, or reduce the allocation of 
     power to a military installation, as a result of the exercise 
     at the military installation of any authority as follows:
       (1) The conveyance of a utility system of the military 
     installation under section 2688 of title 10, United States 
     Code.
       (2) The acquisition or improvement of military housing for 
     the military installation under the alternative authority for 
     the acquisition and improvement of military housing under 
     subchapter IV of chapter 169 of title 10, United States Code.
                                 ______
                                 
  SA 1387. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 31___. SAVANNAH RIVER NATIONAL LABORATORY.

       The Savannah River National Laboratory shall be a 
     participating laboratory in the Department of Energy 
     laboratory directed research and development program.
                                 ______
                                 
  SA 1388. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 10___. ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL.

       (a) Site and Funding for Memorial.--Not later than 6 months 
     after the date of enactment of this section, the Secretary of 
     the Navy, in consultation with the Secretary of the Interior 
     shall identify an appropriate site on Ford Island for a 
     memorial for the USS Oklahoma consistent with the ``Pearl 
     Harbor Naval Complex Design Guidelines and Evaluation 
     Criteria for Memorials, April

[[Page 16880]]

     2005''. The USS Oklahoma Foundation shall be solely 
     responsible for raising the funds necessary to design and 
     erect a dignified and suitable memorial to the naval 
     personnel serving aborad the USS Oklahoma when it was 
     attacked on December 7, 1941.
       (b) Administration and Maintenance of Memorial.--After the 
     site has been selected, the Secretary of the Interior shall 
     administer and maintain the site as part of the USS Arizona 
     Memorial, a unit of the National Park System, in accordance 
     with the laws and regulations applicable to land administered 
     by the National Park Service and any Memorandum of 
     Understanding between the Secretary of the Navy and the 
     Secretary of the Interior. The Secretary of the Navy shall 
     continue to have jurisdiction over the land selected as the 
     site.
       (c) Future Memorials.--Any future memorials for U.S. Naval 
     Vessels that were attacked at Pearl Harbor on December 7, 
     1941, shall be consistent with the ``Pearl Harbor Naval 
     Complex Design Guidelines and Evaluation Criteria for 
     Memorials, April 2005''.
                                 ______
                                 
  SA 1389. Mr. THUNE (for himself, Mr. Lieberman, Ms. Snowe, Mr. 
Lautenberg, Mr. Johnson, Mr. Dodd, Ms. Collins, Mr. Corzine, Mr. 
Bingaman and Mr. Domenici) proposed an amendment to the bill S. 1042, 
to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       On page 371, between lines 8 and 9, insert the following:

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

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

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

       ``(a) In General.--Notwithstanding any other provision of 
     this part, the round of defense base closure and realignment 
     otherwise scheduled to occur under this part in 2005 by 
     reasons of sections 2912, 2913, and 2914 shall occur instead 
     in the year following the year in which the last of the 
     actions described in subsection (b) occurs (in this section 
     referred to as the `postponed closure round year').
       ``(b) Actions Required Before Base Closure Round.--(1) The 
     actions referred to in subsection (a) are the following 
     actions:
       ``(A) The complete analysis, consideration, and, where 
     appropriate, implementation by the Secretary of Defense of 
     the recommendations of the Commission on Review of Overseas 
     Military Facility Structure of the United States.
       ``(B) The return from deployment in the Iraq theater of 
     operations of substantially all (as determined by the 
     Secretary of Defense) major combat units and assets of the 
     Armed Forces.
       ``(C) The receipt by the Committees on Armed Services of 
     the Senate and the House of Representatives of the report on 
     the quadrennial defense review required to be submitted in 
     2006 by the Secretary of Defense under section 118(d) of 
     title 10, United States Code.
       ``(D) The complete development and implementation by the 
     Secretary of Defense and the Secretary of Homeland Security 
     of the National Maritime Security Strategy.
       ``(E) The complete development and implementation by the 
     Secretary of Defense of the Homeland Defense and Civil 
     Support directive.
       ``(F) The receipt by the Committees on Armed Services of 
     the Senate and the House of Representatives of a report 
     submitted by the Secretary of Defense that assesses military 
     installation needs taking into account--
       ``(i) relevant factors identified through the 
     recommendations of the Commission on Review of Overseas 
     Military Facility Structure of the United States;
       ``(ii) the return of the major combat units and assets 
     described in subparagraph (B);
       ``(iii) relevant factors identified in the report on the 
     2005 quadrennial defense review;
       ``(iv) the National Maritime Security Strategy; and
       ``(v) the Homeland Defense and Civil Support directive.
       ``(2) The report required under subparagraph (F) of 
     paragraph (1) shall be submitted not later than one year 
     after the occurrence of the last action described in 
     subparagraphs (A) through (E) of such paragraph.
       ``(c) Administration.--For purposes of sections 2912, 2913, 
     and 2914, each date in a year that is specified in such 
     sections shall be deemed to be the same date in the postponed 
     closure round year, and each reference to a fiscal year in 
     such sections shall be deemed to be a reference to the fiscal 
     year that is the number of years after the original fiscal 
     year that is equal to the number of years that the postponed 
     closure round year is after 2005.''; and
       (2) in section 2904(b)(1)--
       (A) in subparagraph (A), by striking ``the date on which 
     the President transmits such report'' and inserting ``the 
     date by which the President is required to transmit such 
     report''; and
       (B) in subparagraph (B), by striking ``such report is 
     transmitted'' and inserting ``such report is required to be 
     transmitted''.
                                 ______
                                 
  SA 1390. 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 title XI, add the following:

     SEC. 1106. INCREASE IN AUTHORIZED NUMBER OF DEFENSE 
                   INTELLIGENCE SENIOR EXECUTIVE SERVICE 
                   EMPLOYEES.

       Section 1606(a) of title 10, United States Code, is amended 
     by striking ``544'' and inserting ``the following:
       ``(1) In fiscal year 2005, 544.
       ``(2) In fiscal year 2006, 619.
       ``(3) In fiscal years after fiscal year 2006, 694.''.
                                 ______
                                 
  SA 1391. Mr. WARNER (for Mr. Wyden, (for himself and 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 378, between lines 10 and 11, insert the following:

     SEC. 3__. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY 
                   UNDER CHEMICAL DEMILITARIZATION PROGRAM.

       (a) In General.--Section 1412(c)(4) of the Department of 
     Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is 
     amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in the first sentence--
       (A) by inserting ``and tribal organizations'' after ``State 
     and local governments''; and
       (B) by inserting ``and tribal organizations'' after ``those 
     governments'';
       (3) in the third sentence--
       (A) by striking ``Additionally, the Secretary'' and 
     inserting the following:
       ``(B) Additionally, the Secretary''; and
       (B) by inserting ``and tribal organizations'' after ``State 
     and local governments''; and
       (4) by adding at the end the following:
       ``(C) In this paragraph, the term `tribal organization' has 
     the meaning given the term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).''.
       (b) Effective Date.--The amendments made by subsection 
     (a)--
       (1) take effect on December 5, 1991; and
       (2) apply to any cooperative agreement entered into on or 
     after that date.
                                 ______
                                 
  SA 1392. 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 IX, add the following:

     SEC. 903. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY THE 
                   WHITE HOUSE COMMUNICATIONS AGENCY.

       (a) Provision on Nonreimbursable Basis.--Section 912 of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2623; 10 U.S.C. 111 note) is 
     amended--
       (1) in subsection (a)--
       (A) in the subsection caption, by inserting ``and 
     Audiovisual Support Services'' after ``Telecommunications 
     Support''; and
       (B) by inserting ``and audiovisual support services'' after 
     ``provision of telecommunications support''; and
       (2) in subsection (b), by inserting ``and audiovisual'' 
     after ``other than telecommunications''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2005, and shall apply with 
     respect to the provision of audiovisual support services by 
     the White House Communications Agency in fiscal years 
     beginning on or after that date.
                                 ______
                                 
  SA 1393. Mr. WARNER (for Mr. Inouye) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

[[Page 16881]]



     SEC. 924. UNITED STATES MILITARY CANCER INSTITUTE.

       (a) Establishment.--Chapter 104 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2117. United States Military Cancer Institute

       ``(a) Establishment.--(1) There is a United States Military 
     Cancer Institute in the University. The Director of the 
     United States Military Cancer Institute is the head of the 
     Institute.
       ``(2) The Institute is composed of clinical and basic 
     scientists in the Department of Defense who have an expertise 
     in research, patient care, and education relating to oncology 
     and who meet applicable criteria for participation in the 
     Institute.
       ``(3) The components of the Institute include military 
     treatment and research facilities that meet applicable 
     criteria and are designated as affiliates of the Institute.
       ``(b) Research.--(1) The Director of the United States 
     Military Cancer Institute shall carry out research studies on 
     the following:
       ``(A) The epidemiological features of cancer, including 
     assessments of the carcinogenic effect of genetic and 
     environmental factors, and of disparities in health, inherent 
     or common among populations of various ethnic origins.
       ``(B) The prevention and early detection of cancer.
       ``(C) Basic, translational, and clinical investigation 
     matters relating to the matters described in subparagraphs 
     (A) and (B).
       ``(2) The research studies under paragraph (1) shall 
     include complementary research on oncologic nursing.
       ``(c) Collaborative Research.--The Director of the United 
     States Military Cancer Institute shall carry out the research 
     studies under subsection (b) in collaboration with other 
     cancer research organizations and entities selected by the 
     Institute for purposes of the research studies.
       ``(d) Annual Report.--(1) Promptly after the end of each 
     fiscal year, the Director of the United States Military 
     Cancer Institute shall submit to the President of the 
     University a report on the results of the research studies 
     carried out under subsection (b).
       ``(2) Not later than 60 days after receiving the annual 
     report under paragraph (1), the President of the University 
     shall transmit such report to the Secretary of Defense and to 
     Congress.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2117. United States Military Cancer Institute.''.
                                 ______
                                 
  SA 1394. Mr. WARNER (for Mr. Sessions) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 213. TELEMEDICINE AND ADVANCED TECHNOLOGY RESEARCH 
                   CENTER.

       (a) Additional Amount for Research, Development, Test and 
     Evaluation, Army.--The amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation for the Army is hereby increased by $1,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $1,000,000 may be available for Medical Advanced 
     Technology (PE #603002A) for the Telemedicine and Advanced 
     Technology Research Center.
       (c) Offset.--The amount authorized to be appropriated by 
     section 101(4) for procurement of ammunition for the Army is 
     hereby reduced by $1,000,000, with the amount of the 
     reduction to be allocated to amounts available for Ammunition 
     Production Base Support, Production Base Support for the 
     Missile Recycling Center (MRC).
                                 ______
                                 
  SA 1395. Mr. WARNER (for Mr. Reed) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 213. TOWED ARRAY HANDLER.

       (a) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, the amount available for 
     Program Element 0604503N for the design, development, and 
     test of improvements to the towed array handler is hereby 
     increased by $5,000,000 in order to increase the reliability 
     of the towed array and the towed array handler by 
     capitalizing on ongoing testing and evaluation of such 
     systems.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy, the amount available for Program 
     Element 0604558N for new design for the Virginia Class 
     submarine for the large aperture bow array is hereby reduced 
     by $5,000,000.
                                 ______
                                 
  SA 1396. Mr. WARNER (for Mr. Stevens) 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, strike 
     ``$39,160,000'' in the amount column of the item relating to 
     Fort Wainwright, Alaska, and insert ``$44,660,000''.
       On page 311, in the table preceding line 1, strike the 
     amount identified as the total in the amount column and 
     insert ``$2,000,622,000''.
       On page 313, line 4, strike ``$2,966,642,000'' and insert 
     ``$2,972,142,000''.
       On page 313, line 7, strike ``$1,007,222,000'' and insert 
     ``$1,012,722,000''.
       On page 326, in the table following line 4, strike 
     ``$92,820,000'' in the amount column of the item relating to 
     Elmendorf Air Force Base, Alaska, and insert ``$84,820,000''.
       On page 326, in the table following line 4, strike the 
     amount identified as the total in the amount column and 
     insert ``$1,040,106,000''.
       On page 329, line 8, strike ``$3,116,982,000'' and insert 
     ``$3,008,982,000''.
       On page 329, line 11, strike ``$923,106,000'' and insert 
     ``$915,106,000''.
                                 ______
                                 
  SA 1397. Mr. WARNER (for 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 326, in the table following line 4, strike the item 
     relating to Los Angeles Air Force Base, California.
       On page 326, in the table following line 4, strike 
     ``$6,800,000'' in the amount column of the item relating to 
     Fairchild Air Force Base, Washington, and insert 
     ``$8,200,000''.
       On page 326, in the table following line 4, strike the 
     amount identified as the total in the amount column and 
     insert ``$1,047,006,000''.
       On page 329, line 8, strike ``$3,116,982,000'' and insert 
     ``$3,115,882,000''.
       On page 329, line 11, strike ``$923,106,000'' and insert 
     ``$922,006,000''.
       On page 336, line 22, strike ``$464,680,000'' and insert 
     ``$445,100,000''.
       On page 337, line 2, strike ``$245,861,000'' and insert 
     ``$264,061,000''.
       On page 337, between lines 4 and 5, insert the following:

     SEC. 2602. SPECIFIC AUTHORIZED ARMY NATIONAL GUARD 
                   CONSTRUCTION PROJECTS.

       (a) Camp Roberts, California.--Of the amount authorized to 
     be appropriated for the Department of the Army for the Army 
     National Guard of the United States under section 
     2601(1)(A)--
       (1) $1,500,000 is available for the construction of an 
     urban combat course at Camp Roberts, California; and
       (2) $1,500,000 is available for the addition or alteration 
     of a field maintenance shop at Fort Dodge, Iowa.

     SEC. 2603. CONSTRUCTION OF FACILITIES, NEW CASTLE COUNTY 
                   AIRPORT AIR GUARD BASE, DELAWARE.

       Of the amount authorized to be appropriated for the 
     Department of the Air Force for the Air National Guard of the 
     United States under section 2601(3)(A)--
       (1) $1,400,000 is available for the construction of a 
     security forces facility at New Castle County Airport Air 
     Guard Base, Delaware; and
       (2) $1,500,000 is available for the construction of a 
     medical training facility at New Castle County Airport Air 
     Guard Base, Delaware.
                                 ______
                                 
  SA 1398. Mr. WARNER (for Mr. Lott (for himself and Mr. Cochran)) 
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 18, beginning on line 20, strike ``and advance 
     construction'' and insert ``advance construction, detail 
     design, and construction''.


[[Page 16882]]


       On page 19, beginning on line 10, strike ``fiscal year 
     2007'' and insert ``fiscal year 2006''

       On page 19, between lines 18 and 19, insert the following:
       (e) Funding as Increment of Full Funding.--The amounts 
     available under subsections (a) and (b) for the LHA 
     Replacement ship are the first increments of funding for the 
     full funding of the LHA Replacement (LHA(R)) ship program.
                                 ______
                                 
  SA 1399. Mr. WARNER (for Mrs. Feinstein (for herself and Mr. 
Grassley)) 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:

       Strike section 1021 and insert the following:

     SEC. 1021. TRANSFER OF BATTLESHIPS.

       (a) Transfer of Battleship Wisconsin.--The Secretary of the 
     Navy is authorized--
       (1) to strike the Battleship U.S.S. WISCONSIN (BB-64) from 
     the Naval Vessel Register; and
       (2) subject to section 7306 of title 10, United States 
     Code, to transfer the vessel by gift or otherwise provided 
     that the Secretary requires, as a condition of transfer, that 
     the transferee locate the vessel in the Commonwealth of 
     Virginia.
       (b) Transfer of Battleship Iowa.--The Secretary of the Navy 
     is authorized--
       (1) to strike the Battleship U.S.S. IOWA (BB-61) from the 
     Naval Vessel Register; and
       (2) subject to section 7306 of title 10, United States 
     Code, to transfer the vessel by gift or otherwise provided 
     that the Secretary requires, as a condition of transfer, that 
     the transferee locate the vessel in the State of California.
       (c) Inapplicability of Notice and Wait Requirement.--
     Notwithstanding any provision of subsection (a) or (b), 
     section 7306(d) of title 10, United States Code, shall not 
     apply to the transfer authorized by subsection (a) or the 
     transfer authorized by subsection (b).
       (d) Repeal of Superseded Requirements and Authorities.--
       (1) Section 1011 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421) is 
     repealed.
       (2) Section 1011 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2118) is repealed.
                                 ______
                                 
  SA 1400. Mr. WARNER (for Mr. Lott) 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 VI, add the following:

     SEC. 642. IMPROVEMENT OF MANAGEMENT OF ARMED FORCES 
                   RETIREMENT HOME.

       (a) Redesignation of Chief Operating Officer as Chief 
     Executive Officer.--
       (1) In general.--Section 1515 of the Armed Forces 
     Retirement Home Act of 1991 (24 U.S.C. 415) is amended--
       (A) by striking ``Chief Operating Officer'' each place it 
     appears and inserting ``Chief Executive Officer''; and
       (B) in subsection (e)(1), by striking ``Chief Operating 
     Officer's'' and inserting ``Chief Executive Officer's''.
       (2) Conforming amendments.--Such Act is further amended by 
     striking ``Chief Operating Officer'' each place it appears in 
     a provision as follows and inserting ``Chief Executive 
     Officer'':
       (A) In section 1511 (24 U.S.C. 411).
       (B) In section 1512 (24 U.S.C. 412).
       (C) In section 1513(a) (24 U.S.C. 413(a)).
       (D) In section 1514(c)(1) (24 U.S.C. 414(c)(1)).
       (E) In section 1516(b) (24 U.S.C. 416(b)).
       (F) In section 1517 (24 U.S.C. 417).
       (G) In section 1518(c) (24 U.S.C. 418(c)).
       (H) In section 1519(c) (24 U.S.C. 419(c)).
       (I) In section 1521(a) (24 U.S.C. 421(a)).
       (J) In section 1522 (24 U.S.C. 422).
       (K) In section 1523(b) (24 U.S.C. 423(b)).
       (L) In section 1531 (24 U.S.C. 431).
       (3) Clerical amendments.--(A) The heading of section 1515 
     of such Act is amended to read as follows:

     ``SEC. 1515. CHIEF EXECUTIVE OFFICER.''.

       (B) The table of contents for such Act is amended by 
     striking the item relating to section 1515 and inserting the 
     following new item:

``Sec. 1515. Chief Executive Officer.''.

       (4) References.--Any reference in any law, regulation, 
     document, record, or other paper of the United States to the 
     Chief Operating Officer of the Armed Forces Retirement Home 
     shall be considered to be a reference to the Chief Executive 
     Officer of the Armed Forces Retirement Home.
       (b) Physicians and Dentists for Each Retirement Home 
     Facility.--Section 1513 of such Act (24 U.S.C. 413) is 
     amended--
       (1) in subsection (a), by striking ``subsection (b)'' and 
     inserting ``subsections (b), (c), and (d)''; and
       (2) by adding at the end the following new subsection:
       ``(c) Physicians and Dentists for Each Retirement Home 
     Facility.--(1) In providing for the health care needs of 
     residents under subsection (c), the Retirement Home shall 
     have in attendance at each facility of the Retirement Home, 
     during the daily business hours of such facility, a physician 
     and a dentist, each of whom shall have skills and experience 
     suited to residents of such facility.
       ``(2) In providing for the health care needs of residents, 
     the Retirement shall also have available to residents of each 
     facility of the Retirement Home, on an on-call basis during 
     hours other than the daily business hours of such facility, a 
     physician and a dentist each of whom have skills and 
     experience suited to residents of such facility.
       ``(3) In this subsection, the term `daily business hours' 
     means the hours between 9 o'clock ante meridian and 5 o'clock 
     post meridian, local time, on each of Monday through 
     Friday.''.
       (c) Transportation to Medical Care Outside Retirement Home 
     Facilities.--Section 1513 of such Act is further amended--
       (1) in the third sentence of subsection (b), by inserting 
     ``, except as provided in subsection (d),'' after ``shall 
     not''; and
       (2) by adding at the end the following new subsection:
       ``(d) Transportation to Medical Care Outside Retirement 
     Home Facilities.--The Retirement Home shall provide to any 
     resident of a facility of the Retirement Home, upon request 
     of such resident, transportation to any medical facility 
     located not more than 30 miles from such facility for the 
     provision of medical care to such resident. The Retirement 
     Home may not collect a fee from a resident for transportation 
     provided under this subsection.''.
       (d) Military Director for Each Retirement Home.--Section 
     1517(b)(1) of such Act (24 U.S.C. 417(b)(1)) is amended by 
     striking ``a civilian with experience as a continuing care 
     retirement community professional or''.
                                 ______
                                 
  SA 1401. Mr. KENNEDY (for himself, Ms. Collins, Mrs. Clinton, Mr. 
Roberts, Ms. Mikulski, Mr. Santorum, Mr. Lieberman, and Mrs. Dole) 
submitted an amendment intended to be proposed by him to the bill S. 
1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS.

       (a) Army Programs.--(1) The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $10,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(1) for research, development, test, and evaluation for 
     the Army, as increased by paragraph (1), $10,000,000 shall be 
     available for Program Element 0601103A for University 
     Research Initiatives.
       (b) Navy Programs.--(1) The amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy is hereby increased by 
     $10,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(2) for research, development, test, and evaluation for 
     the Navy, as increased by paragraph (1), $10,000,000 shall be 
     available for Program Element 0601103N for University 
     Research Initiatives.
       (c) Air Force Programs.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $10,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(3) for research, development, test, and evaluation for 
     the Air Force, as increased by paragraph (1), $10,000,000 
     shall be available for Program Element 0601103F for 
     University Research Initiatives.
       (d) Defense-Wide Activities.--(1) The amount authorized to 
     be appropriated by section 201(4) for research, development, 
     test, and evaluation for Defense-wide activities is hereby 
     increased by $20,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation for 
     Defense-wide activities, as increased by paragraph (1)--
       (A) $10,000,000 shall be available for Program Element 
     0601120D8Z for the SMART National Defense Education Program; 
     and
       (B) $10,000,000 shall be available for Program Element 
     0601101E for the Defense Advanced Research Projects Agency 
     for fundamental research in computer science and 
     cybersecurity.
       (e) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation

[[Page 16883]]

     and maintenance for Defense-wide activities is hereby reduced 
     by $50,000,000, with the amount of the reduction to be 
     allocated to amounts available for information technology 
     initiatives.
       (f) Sense of Senate.--It is the sense of the Senate that it 
     should be a goal of the Department of Defense to allocate to 
     basic research programs each fiscal year an amount equal to 
     15 percent of the funds available to the Department of 
     Defense for science and technology in such fiscal year.
                                 ______
                                 
  SA 1402. Mr. AKAKA (for himself, Mr. Cochran, and Mr. Dodd) submitted 
an amendment intended to be proposed by him to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

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

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

       (J) identification of and means for replicating best 
     practices at all levels and in all sectors, including best 
     practices from the international community.
       (d) Meetings.--The Council may hold such meetings, and sit 
     and act at such times and places, as the Council considers 
     appropriate, but shall meet in formal session at least 2 
     times a year. State and local government agencies and other 
     organizations (such as academic sector institutions, foreign 
     language-related interest groups, business associations, 
     industry, and heritage community organizations) shall be 
     invited, as appropriate, to public meetings of the Council at 
     least once a year.
       (e) Staff.--
       (1) In general.--The Director may appoint and fix the 
     compensation of such additional personnel as the Director 
     considers necessary to carry out the duties of the Council.
       (2) Details from other agencies.--Upon request of the 
     Council, the head of any Federal agency may detail, on a 
     reimbursable basis, any of the personnel of such agency to 
     the Council.
       (3) Experts and consultants.--With the approval of the 
     Council, the Director may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code.
       (f) Powers.--
       (1) Delegation.--Any member or employee of the Council may, 
     if authorized by the Council, take any action that the 
     Council is authorized to take in this section.
       (2) Information.--The Council may secure directly from any 
     Federal agency such information, consistent with Federal 
     privacy laws, the Council considers necessary to carry out 
     its responsibilities. Upon request of the Director, the head 
     of such agency shall furnish such information to the Council.
       (3) Donations.--The Council may accept, use, and dispose of 
     gifts or donations of services or property.
       (4) Mail.--The Council may use the United States mail in 
     the same manner and under the same conditions as other 
     Federal agencies.
       (g) Conferences, Newsletter, and Website.--In carrying out 
     this section, the Council--
       (1) may arrange Federal, regional, State, and local 
     conferences for the purpose of developing and coordinating 
     effective programs and activities to improve foreign language 
     education;
       (2) may publish a newsletter concerning Federal, State, and 
     local programs that are effectively meeting the foreign 
     language needs of the nation; and
       (3) shall create and maintain a website containing 
     information on the Council and its activities, best practices 
     on language education, and other relevant information.
       (h) Reports.--Not later than 90 days after the date of 
     enactment of this section, and annually thereafter, the 
     Council shall prepare and transmit to the President and 
     Congress a report that describes the activities of the 
     Council and the efforts of the Council to improve foreign 
     language education and training and impediments, including 
     any statutory and regulatory restrictions, to the use of each 
     such program.
       (i) Establishment of a National Language Director.--
       (1) In general.--There is established a National Language 
     Director who shall be appointed by the President. The 
     National Language Director shall be a nationally recognized 
     individual with credentials and abilities across all of the 
     sectors to be involved with creating and implementing long-
     term solutions to achieving national foreign language and 
     cultural competency.
       (2) Responsibilities.--The National Language Director 
     shall--
       (A) develop and oversee the implementation of a national 
     foreign language strategy across all sectors;
       (B) establish formal relationships among the major 
     stakeholders in meeting the needs of the Nation for improved 
     capabilities in foreign languages and cultural understanding, 
     including Federal, State, and local government agencies, 
     academia, industry, labor, and heritage communities; and

[[Page 16884]]

       (C) coordinate and lead a public information campaign that 
     raises awareness of public and private sector careers 
     requiring foreign language skills and cultural understanding, 
     with the objective of increasing interest in and support for 
     the study of foreign languages among national leaders, the 
     business community, local officials, parents, and 
     individuals.
       (3) Compensation.--The National Language Director shall be 
     paid at a rate of pay payable for a position at level V of 
     the Executive Schedule under section 5316 of title 5, United 
     States Code.
       (j) Encouragement of State Involvement.--
       (1) State contact persons.--The Council shall consult with 
     each State to provide for the designation by each State of an 
     individual to serve as a State contact person for the purpose 
     of receiving and disseminating information and communications 
     received from the Council.
       (2) State interagency councils and lead agencies.--Each 
     State is encouraged to establish a State interagency council 
     on foreign language coordination or designate a lead agency 
     for the State for the purpose of assuming primary 
     responsibility for coordinating and interacting with the 
     Council and State and local government agencies as necessary.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out this 
     section.
                                 ______
                                 
  SA 1403. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 330. DEMONSTRATION PROJECT ON EMERGENCY COMMUNICATIONS 
                   NETWORK IN HAWAII.

       (a) In General.--The Secretary of Defense shall carry out a 
     demonstration project in the State of Hawaii to assess the 
     feasability and advisability of utilizing an emergency 
     communications network (ECN) to link civil defense sites in 
     the State of Hawaii with Federal, State, and local emergency 
     responder organizations in that State.
       (b) Emergency Communications Network.--
       (1) In general.--In carrying out the demonstration project, 
     the Secretary shall establish in the State of Hawaii an 
     emergency communications network to be known as the Emergency 
     Communications Network-Hawaii (in this section referred to as 
     the ``Network'' or ``ECN-H'').
       (2) Elements.--The Network shall, to the extent 
     practicable, consist of the elements as follows:
       (A) Wireless satellite interactive ground terminals and 
     mobile terminals.
       (B) A remote teleport service enabling the high-speed 
     Internet transmission of voice, video, data, and fax 
     information, teleconferencing, and related applications.
       (C) Commercially available technologies, including 
     technologies that integrate digital broadcast with return 
     channel over satellite (DVB-RCS) with voice over Internet 
     Protocol (VOIP) conversion.
       (D) Radio interoperability units to assemble each ground 
     terminal [it's not clear what this means].
       (3) Capabilities.--The Network shall, to the extent 
     practicable, have the capabilities as follows:
       (A) To provide a link between civil defense sites in the 
     State of Hawaii and Federal, State, and local emergency 
     responder organizations in that State.
       (B) To further enhance interoperability among emergency 
     responder organizations in the State of Hawaii.
       (C) To facilitate the evaluation of the Network by 
     appropriate Federal agencies for purposes of determining the 
     feasability and advisability of adding additional functions 
     to the Network.
       (4) Location of certain components.--(A) In order to 
     facilitate uninterrupted communications for emergency 
     responder organizations in the State of Hawaii, the return 
     channel over satellite (RCS) hub for the Network shall be 
     located at an appropriate location in the continental United 
     States selected by the Secretary for purposes of the 
     demonstration project.
       (B) Not less than 13 grounds terminals, and not less than 6 
     mobile terminals, of the Network shall be provided to 
     appropriate elements of State civil defense agencies and 
     county law enforcement offices in the State of Hawaii 
     selected by the Secretary for purposes of the demonstration 
     project upon recommendations made by State civil defense 
     authorities in that State.
       (5) Assignment of additional components to federal units.--
     The Secretary shall assign a terminal for the Network, and 
     provide for the full integration of each terminal so assigned 
     with the Network, to each unit as follows:
       (A) The 93rd Weapons of Mass Destruction Civil Support Team 
     (CST) of the Army National Guard of the State of Hawaii.
       (B) The Joint Rear Area Coordinator for Hawaii.
       (c) Report.--Not later than _________, the Secretary shall 
     submit to the congressional defense committees a report on 
     the demonstration project carried out under this section. The 
     report shall include--
       (1) a description of the Network;
       (2) an assessment of the utility of the Network in 
     providing a link between civil defense sites in the State of 
     Hawaii and Federal, State, and local emergency responder 
     organizations in that State; and
       (3) such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     demonstration project.
       (d) Funding.--Of the amount authorized to be appropriated 
     by section 301(5) for operation and maintenance, Defense-wide 
     activities, $4,000,000 shall be available to carry out the 
     demonstration project required by this section.
                                 ______
                                 
  SA 1404. Mr. AKAKA (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed by him to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 538. PILOT PROGRAM ON ENHANCED QUALITY OF LIFE FOR 
                   MEMBERS OF THE ARMY RESERVE AND THEIR FAMILIES.

       (a) Pilot Program Required.--
       (1) In general.--The Secretary of the Army shall carry out 
     a pilot program to assess the feasability and advisability of 
     utilizing a coalition of military and civilian community 
     personnel at military installations in order to enhance the 
     quality of life for members of the Army Reserve who serve at 
     such installations and their families.
       (2) Locations.--The Secretary shall carry out the pilot 
     program at a military installation selected by the Secretary 
     for purposes of the pilot program in each State as follows:
       (A) The State of Hawaii.
       (B) The State of Utah.
       (b) Participating Personnel.--A coalition of personnel 
     under the pilot program shall consist of--
       (1) such command personnel at the installation concerned as 
     the commander of such installation considers appropriate;
       (2) such other military personnel at such installation as 
     the commander of such installation considers appropriate; and
       (3) appropriate members of the civilian community of 
     installation, such as clinicians and teachers, who volunteer 
     for participation in the coalition.
       (c) Objectives.--
       (1) Principle objective.--The principle objective of the 
     pilot program shall be to enhance the quality of life for 
     members of the Army Reserve and their families in order to 
     enhance the mission readiness of such members, to facilitate 
     the transition of such members to and from deployment, and to 
     enhance the retention of such members.
       (2) Objectives relating to deployment.--In seeking to 
     achieve the principle objective under paragraph (1) with 
     respect to the deployment of members of the Army Reserve, 
     each coalition under the pilot program shall seek to assist 
     members of the Army Reserve and their families in--
       (A) successfully coping with the absence of such members 
     from their families during deployment; and
       (B) successfully addressing other difficulties associated 
     with extended deployments, including difficulties of members 
     on deployment and difficulties of family members at home.
       (3) Methods to achieve objectives.--The methods selected by 
     each coalition under the pilot program to achieve the 
     objectives specified in this subsection shall include methods 
     as follows:
       (A) Methods that promote a balance of work and family 
     responsibilities through a principle-centered approach to 
     such matters.
       (B) Methods that promote the establishment of appropriate 
     priorities for family matters, such as the allocation of time 
     and attention to finances, within the context of meeting 
     military responsibilities.
       (C) Methods that promote the development of meaningful 
     family relationships.
       (D) Methods that promote the development of parenting 
     skills intended to raise emotionally healthy and empowered 
     children.
       (d) Report.--Not later than April 1, 2007, the Secretary 
     shall submit to the congressional defense committees a report 
     on the pilot program carried out under this section. The 
     report shall include--
       (1) a description of the pilot program;
       (2) an assessment of the benefits of utilizing a coalition 
     of military and civilian community personnel on military 
     installations in order to enhance the quality of life

[[Page 16885]]

     for members of the Army Reserve and their families; and
       (3) such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     pilot program.
       (e) Funding.--
       (1) In general.--The amount authorized to be appropriated 
     by section 301(6) for operation and maintenance for the Army 
     Reserve is hereby increased by $160,000, with the amount of 
     the increase to be available to carry out the pilot program 
     required by this section.
       (2) Offset.--The amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy and available for Ship Self Defense 
     (Detect and Control) (PE #0604775N) is hereby reduced by 
     $160,000, with the amount of the reduction to be allocated to 
     amounts for Autonomous Unmanned Surface Vessel.
                                 ______
                                 
  SA 1405. Mr. ALLARD (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 66, after line 22, insert the following:

     SEC. 330. LIFE CYCLE COST ESTIMATES FOR THE DESTRUCTION OF 
                   LETHAL CHEMICAL MUNITIONS UNDER ASSEMBLED 
                   CHEMICAL WEAPONS ALTERNATIVES PROGRAM.

       Upon completion of 60 percent of the design build at each 
     site of the Assembled Chemical Weapons Alternatives program, 
     the Program Manager for Assembled Chemical Weapons 
     Alternatives shall, after consultation with the congressional 
     defense committees, certify in writing to such committees 
     updated and revised life cycle cost estimates for the 
     destruction of lethal chemical munitions for each site under 
     such program.
                                 ______
                                 
  SA 1406. Mr. LUGAR submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 296, after line 19, add the following:

     SEC. 1205. SECURITY AND STABILIZATION ASSISTANCE.

       (a) Assistance Authorized.--Notwithstanding any other 
     provision of law, the Secretary of Defense may, upon the 
     request of the Secretary of State, authorize the use or 
     transfer of defense articles, services, training, or other 
     support, including support acquired by contract or otherwise, 
     to provide reconstruction, security, or stabilization 
     assistance to a foreign country for the purpose of restoring 
     or maintaining peace and security in that country if the 
     Secretary of Defense determines that--
       (1) an unforeseen emergency exists in that country that 
     requires the immediate provision of such assistance; and
       (2) the provision of such assistance is in the national 
     security interests of the United States.
       (b) Availability of Funds.--Subject to subsection (a), the 
     Secretary of Defense may transfer funds available to the 
     Department of Defense to the Department of State or any other 
     department or agency of the United States Government to carry 
     out the purposes of this section. Funds so transferred shall 
     remain available until expended.
       (c) Limitation.--The aggregate value of assistance provided 
     or funds transferred under the authority of this section may 
     not exceed $200,000,000.
       (d) Complementary Authority.--The authority to provide 
     assistance and transfer funds under this section shall be in 
     addition to any other authority to provide assistance to a 
     foreign country or to transfer funds.
       (e) Expiration.--The authority to provide assistance and 
     transfer funds under this section shall expire on September 
     30, 2006.
                                 ______
                                 
  SA 1407. Mr. LUGAR submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 1008.
                                 ______
                                 
  SA 1408. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 170, between lines 16 and 17, insert the following:

     SEC. 653. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS 
                   UNDER MONTGOMERY GI BILL OF ACTIVE DUTY MEMBERS 
                   OF THE ARMED FORCES UNDER EXECUTIVE ORDER 
                   13235.

       (a) Active Duty Program.--Notwithstanding section 3011(b) 
     of title 38, United States Code, no reduction in basic pay 
     otherwise required by such section shall be made in the case 
     of a covered member of the Armed Forces.
       (b) Selected Reserve Program.--Notwithstanding section 
     3012(c) of title 38, United States Code, no reduction in 
     basic pay otherwise required by such section shall be made in 
     the case of a covered member of the Armed Forces.
       (c) Termination of On-Going Reductions in Basic Pay.--In 
     the case of a covered member of the Armed Forces who first 
     became a member of the Armed Forces or first entered on 
     active duty as a member of the Armed Forces before the date 
     of the enactment of this Act and whose basic pay would, but 
     for subsection (a) or (b), be subject to reduction under 
     section 3011(b) or 3012(c) of title 38, United States Code, 
     for any month beginning on or after that date, the reduction 
     of basic pay of such covered member of the Armed Forces under 
     such section 3011(b) or 3012(c), as applicable, shall cease 
     commencing with the first month beginning on or after that 
     date.
       (d) Covered Member of the Armed Forces Defined.--In this 
     section, the term ``covered member of the Armed Forces'' 
     means any individual who serves on active duty as a member of 
     the Armed Forces during the period--
       (1) beginning on November 16, 2001, the date of Executive 
     Order 13235, relating to National Emergency Construction 
     Authority; and
       (2) ending on the termination date of the Executive order 
     referred to in paragraph (1).

     SEC. 654. OPPORTUNITY FOR ACTIVE DUTY MEMBERS OF THE ARMED 
                   FORCES UNDER EXECUTIVE ORDER 13235 TO WITHDRAW 
                   ELECTION NOT TO ENROLL IN MONTGOMERY GI BILL.

       Section 3018 of title 38, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c)(1) Notwithstanding any other provision of this 
     chapter, during the 1-year period beginning on the date of 
     enactment of this subsection, an individual who--
       ``(A) serves on active duty as a member of the Armed Forces 
     during the period beginning on November 16, 2001, and ending 
     on the termination date of Executive Order 13235, relating to 
     National Emergency Construction Authority; and
       ``(B) has served continuously on active duty without a 
     break in service following the date the individual first 
     becomes a member or first enters on active duty as a member 
     of the Armed Forces,
     shall have the opportunity, on such form as the Secretary of 
     Defense shall prescribe, to withdraw an election under 
     section 3011(c)(1) or 3012(d)(1) not to receive education 
     assistance under this chapter.
       ``(2) An individual described paragraph (1) who made an 
     election under section 3011(c)(1) or 3012(d)(1) and who--
       ``(A) while serving on active duty during the 1-year period 
     beginning on the date of the enactment of this subsection 
     makes a withdrawal of such election;
       ``(B) continues to serve the period of service which such 
     individual was obligated to serve;
       ``(C) serves the obligated period of service described in 
     subparagraph (B) or before completing such obligated period 
     of service is described by subsection (b)(3)(B); and
       ``(D) meets the requirements set forth in paragraphs (4) 
     and (5) of subsection (b), is entitled to basic educational 
     assistance under this chapter.''; and
       (3) in subsection (e), as redesignated, by inserting ``or 
     (c)(2)(A)'' after ``(b)(1)''.
                                 ______
                                 
  SA 1409. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:


[[Page 16886]]

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

     SEC. 642. COMMENCEMENT OF RECEIPT OF NONREGULAR SERVICE 
                   RETIRED PAY BY RESERVES WHO SERVED ON ACTIVE 
                   DUTY FOR SIGNIFICANT PERIODS DURING THE GLOBAL 
                   WAR ON TERRORISM.

       (a) Reduced Eligibility Age.--Section 12731 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) has attained the eligibility age applicable under 
     subsection (f) to that person;''; and
       (2) by adding at the end the following new subsection:
       ``(f)(1) Subject to paragraph (2), the eligibility age for 
     the purposes of subsection (a)(1) is 60 years of age.
       ``(2)(A) In the case of a person who, as a member of a 
     reserve component of an armed force, served on active duty 
     during a global war on terrorism service year under a 
     provision of law referred to in section 101(a)(13)(B) of this 
     title, the eligibility age for the purposes of subsection 
     (a)(1) is reduced below 60 years of age by one year for each 
     global war on terrorism service year during which such person 
     so served on active duty for at least 90 consecutive days, 
     subject to subparagraph (B).
       ``(B) The eligibility age may not be reduced below 55 years 
     of age for any person under subparagraph (A).
       ``(C) In this paragraph, the term `global war on terrorism 
     service year' means--
       ``(i) the one-year period beginning on November 16, 2001, 
     and ending on November 15, 2002; and
       ``(ii) each successive one-year period beginning on 
     November 16 of a year.
       (b) Administration of Related Provisions of Law or 
     Policy.--With respect to any provision of law, or of any 
     policy, regulation, or directive of the executive branch, 
     that refers to a member or former member of the uniformed 
     services as being eligible for, or entitled to, retired pay 
     under chapter 1223 of title 10, United States Code, but for 
     the fact that the member or former member is under 60 years 
     of age, such provision shall be carried out with respect to 
     that member or former member by substituting for the 
     reference to being 60 years of age a reference to having 
     attained the eligibility age applicable under subsection (f) 
     of section 12731 of title 10, United States Code (as added by 
     subsection (a)), to such member or former member for 
     qualification for such retired pay under subsection (a) of 
     such section.
       (c) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect as of November 16, 2001, 
     and shall apply with respect to applications for retired pay 
     that are submitted under section 12731(a) of title 10, United 
     States Code, on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1410. Mrs. FEINSTEIN (for herself and Mr. Hagel) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 296, after line 19, add the following:

     SEC. 1205. SENSE OF CONGRESS ON SUPPORT FOR NUCLEAR NON-
                   PROLIFERATION TREATY.

       Congress--
       (1) reaffirms its support for the objectives of the Treaty 
     on the Non-Proliferation of Nuclear Weapons, done at 
     Washington, London, and Moscow July 1, 1968, and entered into 
     force March 5, 1970 (the ``Nuclear Non-Proliferation 
     Treaty'');
       (2) expresses its support for all appropriate measures to 
     strengthen the Nuclear Non-Proliferation Treaty and to attain 
     its objectives; and
       (3) calls on all parties to the Nuclear Non-Proliferation 
     Treaty--
       (A) to insist on strict compliance with the non-
     proliferation obligations of the Nuclear Non-Proliferation 
     Treaty and to undertake effective enforcement measures 
     against states that are in violation of their obligations 
     under the Treaty;
       (B) to agree to establish more effective controls on 
     enrichment and reprocessing technologies that can be used to 
     produce materials for nuclear weapons;
       (C) to expand the ability of the International Atomic 
     Energy Agency to inspect and monitor compliance with 
     safeguard agreements and standards to which all states should 
     adhere through existing authority and the additional 
     protocols signed by the states party to the Nuclear Non-
     Proliferation Treaty;
       (D) to demonstrate the international community's unified 
     opposition to a nuclear weapons program in Iran by--
       (i) supporting the efforts of the United States and the 
     European Union to prevent the Government of Iran from 
     acquiring a nuclear weapons capability; and
       (ii) using all appropriate diplomatic means at their 
     disposal to convince the Government of Iran to abandon its 
     uranium enrichment program;
       (E) to strongly support the ongoing United States 
     diplomatic efforts in the context of the six-party talks that 
     seek the verifiable and irreversible disarmament of North 
     Korea's nuclear weapons programs and to use all appropriate 
     diplomatic means to achieve this result;
       (F) to pursue diplomacy designed to address the underlying 
     regional security problems in Northeast Asia, South Asia, and 
     the Middle East, which would facilitate non-proliferation and 
     disarmament efforts in those regions;
       (G) to accelerate programs to safeguard and eliminate 
     nuclear weapons-usable material to the highest standards to 
     prevent access by terrorists and governments;
       (H) to halt the use of highly enriched uranium in civilian 
     reactors;
       (I) to strengthen national and international export 
     controls and relevant security measures as required by United 
     Nations Security Council Resolution 1540;
       (J) to agree that no state may withdraw from the Nuclear 
     Non-Proliferation Treaty and escape responsibility for prior 
     violations of the Treaty or retain access to controlled 
     materials and equipment acquired for ``peaceful'' purposes;
       (K) to accelerate implementation of disarmament obligations 
     and commitments under the Nuclear Non-Proliferation Treaty 
     for the purpose of reducing the world's stockpiles of nuclear 
     weapons and weapons-grade fissile material; and
       (L) to strengthen and expand support for the Proliferation 
     Security Initiative.
                                 ______
                                 
  SA 1411. Mr. WARNER (for Mr. Enzi (for himself, Mr. Jeffords, Mr. 
Gregg, Mr. Kennedy, Mr. Frist, Mrs. Murray, and Mr. Bingaman)) proposed 
an amendment to the bill S. 544, to amend title IX of the Public Health 
Service Act to provide for the improvement of patient safety and to 
reduce the incidence of events that adversely effect patient safety; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Patient 
     Safety and Quality Improvement Act of 2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Public Health Service Act.

                  ``Part C--Patient Safety Improvement

``Sec. 921. Definitions.
``Sec. 922. Privilege and confidentiality protections.
``Sec. 923. Network of patient safety databases.
``Sec. 924. Patient safety organization certification and listing.
``Sec. 925. Technical assistance.
``Sec. 926. Severability.

     SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.

       (a) In General.--Title IX of the Public Health Service Act 
     (42 U.S.C. 299 et seq.) is amended--
       (1) in section 912(c), by inserting ``, in accordance with 
     part C,'' after ``The Director shall'';
       (2) by redesignating part C as part D;
       (3) by redesignating sections 921 through 928, as sections 
     931 through 938, respectively;
       (4) in section 938(1) (as so redesignated), by striking 
     ``921'' and inserting ``931''; and
       (5) by inserting after part B the following:

                  ``PART C--PATIENT SAFETY IMPROVEMENT

     ``SEC. 921. DEFINITIONS.

       ``In this part:
       ``(1) HIPAA confidentiality regulations.--The term `HIPAA 
     confidentiality regulations' means regulations promulgated 
     under section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
     2033).
       ``(2) Identifiable patient safety work product.--The term 
     `identifiable patient safety work product' means patient 
     safety work product that--
       ``(A) is presented in a form and manner that allows the 
     identification of any provider that is a subject of the work 
     product, or any providers that participate in activities that 
     are a subject of the work product;
       ``(B) constitutes individually identifiable health 
     information as that term is defined in the HIPAA 
     confidentiality regulations; or
       ``(C) is presented in a form and manner that allows the 
     identification of an individual who reported information in 
     the manner specified in section 922(e).
       ``(3) Nonidentifiable patient safety work product.--The 
     term `nonidentifiable patient safety work product' means 
     patient safety work product that is not identifiable patient 
     safety work product (as defined in paragraph (2)).
       ``(4) Patient safety organization.--The term `patient 
     safety organization' means a private or public entity or 
     component thereof that is listed by the Secretary pursuant to 
     section 924(d).

[[Page 16887]]

       ``(5) Patient safety activities.--The term `patient safety 
     activities' means the following activities:
       ``(A) Efforts to improve patient safety and the quality of 
     health care delivery.
       ``(B) The collection and analysis of patient safety work 
     product.
       ``(C) The development and dissemination of information with 
     respect to improving patient safety, such as recommendations, 
     protocols, or information regarding best practices.
       ``(D) The utilization of patient safety work product for 
     the purposes of encouraging a culture of safety and of 
     providing feedback and assistance to effectively minimize 
     patient risk.
       ``(E) The maintenance of procedures to preserve 
     confidentiality with respect to patient safety work product.
       ``(F) The provision of appropriate security measures with 
     respect to patient safety work product.
       ``(G) The utilization of qualified staff.
       ``(H) Activities related to the operation of a patient 
     safety evaluation system and to the provision of feedback to 
     participants in a patient safety evaluation system.
       ``(6) Patient safety evaluation system.--The term `patient 
     safety evaluation system' means the collection, management, 
     or analysis of information for reporting to or by a patient 
     safety organization.
       ``(7) Patient safety work product.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `patient safety work product' means any data, 
     reports, records, memoranda, analyses (such as root cause 
     analyses), or written or oral statements--
       ``(i) which--

       ``(I) are assembled or developed by a provider for 
     reporting to a patient safety organization and are reported 
     to a patient safety organization; or
       ``(II) are developed by a patient safety organization for 
     the conduct of patient safety activities;

     and which could result in improved patient safety, health 
     care quality, or health care outcomes; or
       ``(ii) which identify or constitute the deliberations or 
     analysis of, or identify the fact of reporting pursuant to, a 
     patient safety evaluation system.
       ``(B) Clarification.--
       ``(i) Information described in subparagraph (A) does not 
     include a patient's medical record, billing and discharge 
     information, or any other original patient or provider 
     record.
       ``(ii) Information described in subparagraph (A) does not 
     include information that is collected, maintained, or 
     developed separately, or exists separately, from a patient 
     safety evaluation system. Such separate information or a copy 
     thereof reported to a patient safety organization shall not 
     by reason of its reporting be considered patient safety work 
     product.
       ``(iii) Nothing in this part shall be construed to limit--

       ``(I) the discovery of or admissibility of information 
     described in this subparagraph in a criminal, civil, or 
     administrative proceeding;
       ``(II) the reporting of information described in this 
     subparagraph to a Federal, State, or local governmental 
     agency for public health surveillance, investigation, or 
     other public health purposes or health oversight purposes; or
       ``(III) a provider's recordkeeping obligation with respect 
     to information described in this subparagraph under Federal, 
     State, or local law.

       ``(8) Provider.--The term `provider' means--
       ``(A) an individual or entity licensed or otherwise 
     authorized under State law to provide health care services, 
     including--
       ``(i) a hospital, nursing facility, comprehensive 
     outpatient rehabilitation facility, home health agency, 
     hospice program, renal dialysis facility, ambulatory surgical 
     center, pharmacy, physician or health care practitioner's 
     office, long term care facility, behavior health residential 
     treatment facility, clinical laboratory, or health center; or
       ``(ii) a physician, physician assistant, nurse 
     practitioner, clinical nurse specialist, certified registered 
     nurse anesthetist, certified nurse midwife, psychologist, 
     certified social worker, registered dietitian or nutrition 
     professional, physical or occupational therapist, pharmacist, 
     or other individual health care practitioner; or
       ``(B) any other individual or entity specified in 
     regulations promulgated by the Secretary.

     ``SEC. 922. PRIVILEGE AND CONFIDENTIALITY PROTECTIONS.

       ``(a) Privilege.--Notwithstanding any other provision of 
     Federal, State, or local law, and subject to subsection (c), 
     patient safety work product shall be privileged and shall not 
     be--
       ``(1) subject to a Federal, State, or local civil, 
     criminal, or administrative subpoena or order, including in a 
     Federal, State, or local civil or administrative disciplinary 
     proceeding against a provider;
       ``(2) subject to discovery in connection with a Federal, 
     State, or local civil, criminal, or administrative 
     proceeding, including in a Federal, State, or local civil or 
     administrative disciplinary proceeding against a provider;
       ``(3) subject to disclosure pursuant to section 552 of 
     title 5, United States Code (commonly known as the Freedom of 
     Information Act) or any other similar Federal, State, or 
     local law;
       ``(4) admitted as evidence in any Federal, State, or local 
     governmental civil proceeding, criminal proceeding, 
     administrative rulemaking proceeding, or administrative 
     adjudicatory proceeding, including any such proceeding 
     against a provider; or
       ``(5) admitted in a professional disciplinary proceeding of 
     a professional disciplinary body established or specifically 
     authorized under State law.
       ``(b) Confidentiality of Patient Safety Work Product.--
     Notwithstanding any other provision of Federal, State, or 
     local law, and subject to subsection (c), patient safety work 
     product shall be confidential and shall not be disclosed.
       ``(c) Exceptions.--Except as provided in subsection 
     (g)(3)--
       ``(1) Exceptions from privilege and confidentiality.--
     Subsections (a) and (b) shall not apply to (and shall not be 
     construed to prohibit) one or more of the following 
     disclosures:
       ``(A) Disclosure of relevant patient safety work product 
     for use in a criminal proceeding, but only after a court 
     makes an in camera determination that such patient safety 
     work product contains evidence of a criminal act and that 
     such patient safety work product is material to the 
     proceeding and not reasonably available from any other 
     source.
       ``(B) Disclosure of patient safety work product to the 
     extent required to carry out subsection (f)(4)(A).
       ``(C) Disclosure of identifiable patient safety work 
     product if authorized by each provider identified in such 
     work product.
       ``(2) Exceptions from confidentiality.--Subsection (b) 
     shall not apply to (and shall not be construed to prohibit) 
     one or more of the following disclosures:
       ``(A) Disclosure of patient safety work product to carry 
     out patient safety activities.
       ``(B) Disclosure of nonidentifiable patient safety work 
     product.
       ``(C) Disclosure of patient safety work product to 
     grantees, contractors, or other entities carrying out 
     research, evaluation, or demonstration projects authorized, 
     funded, certified, or otherwise sanctioned by rule or other 
     means by the Secretary, for the purpose of conducting 
     research to the extent that disclosure of protected health 
     information would be allowed for such purpose under the HIPAA 
     confidentiality regulations.
       ``(D) Disclosure by a provider to the Food and Drug 
     Administration with respect to a product or activity 
     regulated by the Food and Drug Administration.
       ``(E) Voluntary disclosure of patient safety work product 
     by a provider to an accrediting body that accredits that 
     provider.
       ``(F) Disclosures that the Secretary may determine, by rule 
     or other means, are necessary for business operations and are 
     consistent with the goals of this part.
       ``(G) Disclosure of patient safety work product to law 
     enforcement authorities relating to the commission of a crime 
     (or to an event reasonably believed to be a crime) if the 
     person making the disclosure believes, reasonably under the 
     circumstances, that the patient safety work product that is 
     disclosed is necessary for criminal law enforcement purposes.
       ``(H) With respect to a person other than a patient safety 
     organization, the disclosure of patient safety work product 
     that does not include materials that--
       ``(i) assess the quality of care of an identifiable 
     provider; or
       ``(ii) describe or pertain to one or more actions or 
     failures to act by an identifiable provider.
       ``(3) Exception from privilege.--Subsection (a) shall not 
     apply to (and shall not be construed to prohibit) voluntary 
     disclosure of nonidentifiable patient safety work product.
       ``(d) Continued Protection of Information After 
     Disclosure.--
       ``(1) In general.--Patient safety work product that is 
     disclosed under subsection (c) shall continue to be 
     privileged and confidential as provided for in subsections 
     (a) and (b), and such disclosure shall not be treated as a 
     waiver of privilege or confidentiality, and the privileged 
     and confidential nature of such work product shall also apply 
     to such work product in the possession or control of a person 
     to whom such work product was disclosed.
       ``(2) Exception.--Notwithstanding paragraph (1), and 
     subject to paragraph (3)--
       ``(A) if patient safety work product is disclosed in a 
     criminal proceeding, the confidentiality protections provided 
     for in subsection (b) shall no longer apply to the work 
     product so disclosed; and
       ``(B) if patient safety work product is disclosed as 
     provided for in subsection (c)(2)(B) (relating to disclosure 
     of nonidentifiable patient safety work product), the 
     privilege and confidentiality protections provided for in 
     subsections (a) and (b) shall no longer apply to such work 
     product.
       ``(3) Construction.--Paragraph (2) shall not be construed 
     as terminating or limiting

[[Page 16888]]

     the privilege or confidentiality protections provided for in 
     subsection (a) or (b) with respect to patient safety work 
     product other than the specific patient safety work product 
     disclosed as provided for in subsection (c).
       ``(4) Limitations on actions.--
       ``(A) Patient safety organizations.--
       ``(i) In general.--A patient safety organization shall not 
     be compelled to disclose information collected or developed 
     under this part whether or not such information is patient 
     safety work product unless such information is identified, is 
     not patient safety work product, and is not reasonably 
     available from another source.
       ``(ii) Nonapplication.--The limitation contained in clause 
     (i) shall not apply in an action against a patient safety 
     organization or with respect to disclosures pursuant to 
     subsection (c)(1).
       ``(B) Providers.--An accrediting body shall not take an 
     accrediting action against a provider based on the good faith 
     participation of the provider in the collection, development, 
     reporting, or maintenance of patient safety work product in 
     accordance with this part. An accrediting body may not 
     require a provider to reveal its communications with any 
     patient safety organization established in accordance with 
     this part.
       ``(e) Reporter Protection.--
       ``(1) In general.--A provider may not take an adverse 
     employment action, as described in paragraph (2), against an 
     individual based upon the fact that the individual in good 
     faith reported information--
       ``(A) to the provider with the intention of having the 
     information reported to a patient safety organization; or
       ``(B) directly to a patient safety organization.
       ``(2) Adverse employment action.--For purposes of this 
     subsection, an `adverse employment action' includes--
       ``(A) loss of employment, the failure to promote an 
     individual, or the failure to provide any other employment-
     related benefit for which the individual would otherwise be 
     eligible; or
       ``(B) an adverse evaluation or decision made in relation to 
     accreditation, certification, credentialing, or licensing of 
     the individual.
       ``(f) Enforcement.--
       ``(1) Civil monetary penalty.--Subject to paragraphs (2) 
     and (3), a person who discloses identifiable patient safety 
     work product in knowing or reckless violation of subsection 
     (b) shall be subject to a civil monetary penalty of not more 
     than $10,000 for each act constituting such violation.
       ``(2) Procedure.--The provisions of section 1128A of the 
     Social Security Act, other than subsections (a) and (b) and 
     the first sentence of subsection (c)(1), shall apply to civil 
     money penalties under this subsection in the same manner as 
     such provisions apply to a penalty or proceeding under 
     section 1128A of the Social Security Act.
       ``(3) Relation to hipaa.--Penalties shall not be imposed 
     both under this subsection and under the regulations issued 
     pursuant to section 264(c)(1) of the Health Insurance 
     Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
     note) for a single act or omission.
       ``(4) Equitable relief.--
       ``(A) In general.--Without limiting remedies available to 
     other parties, a civil action may be brought by any aggrieved 
     individual to enjoin any act or practice that violates 
     subsection (e) and to obtain other appropriate equitable 
     relief (including reinstatement, back pay, and restoration of 
     benefits) to redress such violation.
       ``(B) Against state employees.--An entity that is a State 
     or an agency of a State government may not assert the 
     privilege described in subsection (a) unless before the time 
     of the assertion, the entity or, in the case of and with 
     respect to an agency, the State has consented to be subject 
     to an action described in subparagraph (A), and that consent 
     has remained in effect.
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to limit the application of other Federal, State, or 
     local laws that provide greater privilege or confidentiality 
     protections than the privilege and confidentiality 
     protections provided for in this section;
       ``(2) to limit, alter, or affect the requirements of 
     Federal, State, or local law pertaining to information that 
     is not privileged or confidential under this section;
       ``(3) except as provided in subsection (i), to alter or 
     affect the implementation of any provision of the HIPAA 
     confidentiality regulations or section 1176 of the Social 
     Security Act (or regulations promulgated under such section);
       ``(4) to limit the authority of any provider, patient 
     safety organization, or other entity to enter into a contract 
     requiring greater confidentiality or delegating authority to 
     make a disclosure or use in accordance with this section;
       ``(5) as preempting or otherwise affecting any State law 
     requiring a provider to report information that is not 
     patient safety work product; or
       ``(6) to limit, alter, or affect any requirement for 
     reporting to the Food and Drug Administration information 
     regarding the safety of a product or activity regulated by 
     the Food and Drug Administration.
       ``(h) Clarification.--Nothing in this part prohibits any 
     person from conducting additional analysis for any purpose 
     regardless of whether such additional analysis involves 
     issues identical to or similar to those for which information 
     was reported to or assessed by a patient safety organization 
     or a patient safety evaluation system.
       ``(i) Clarification of application of hipaa confidentiality 
     regulations to patient safety organizations.--For purposes of 
     applying the HIPAA confidentiality regulations--
       ``(1) patient safety organizations shall be treated as 
     business associates; and
       ``(2) patient safety activities of such organizations in 
     relation to a provider are deemed to be health care 
     operations (as defined in such regulations) of the provider.
       ``(j) Reports on Strategies to Improve Patient Safety.--
       ``(1) Draft report.--Not later than the date that is 18 
     months after any network of patient safety databases is 
     operational, the Secretary, in consultation with the 
     Director, shall prepare a draft report on effective 
     strategies for reducing medical errors and increasing patient 
     safety. The draft report shall include any measure determined 
     appropriate by the Secretary to encourage the appropriate use 
     of such strategies, including use in any federally funded 
     programs. The Secretary shall make the draft report available 
     for public comment and submit the draft report to the 
     Institute of Medicine for review.
       ``(2) Final report.--Not later than 1 year after the date 
     described in paragraph (1), the Secretary shall submit a 
     final report to the Congress.

     ``SEC. 923. NETWORK OF PATIENT SAFETY DATABASES.

       ``(a) In General.--The Secretary shall facilitate the 
     creation of, and maintain, a network of patient safety 
     databases that provides an interactive evidence-based 
     management resource for providers, patient safety 
     organizations, and other entities. The network of databases 
     shall have the capacity to accept, aggregate across the 
     network, and analyze nonidentifiable patient safety work 
     product voluntarily reported by patient safety organizations, 
     providers, or other entities. The Secretary shall assess the 
     feasibility of providing for a single point of access to the 
     network for qualified researchers for information aggregated 
     across the network and, if feasible, provide for 
     implementation.
       ``(b) Data Standards.--The Secretary may determine common 
     formats for the reporting to and among the network of patient 
     safety databases maintained under subsection (a) of 
     nonidentifiable patient safety work product, including 
     necessary work product elements, common and consistent 
     definitions, and a standardized computer interface for the 
     processing of such work product. To the extent practicable, 
     such standards shall be consistent with the administrative 
     simplification provisions of part C of title XI of the Social 
     Security Act.
       ``(c) Use of Information.--Information reported to and 
     among the network of patient safety databases under 
     subsection (a) shall be used to analyze national and regional 
     statistics, including trends and patterns of health care 
     errors. The information resulting from such analyses shall be 
     made available to the public and included in the annual 
     quality reports prepared under section 913(b)(2).

     ``SEC. 924. PATIENT SAFETY ORGANIZATION CERTIFICATION AND 
                   LISTING.

       ``(a) Certification.--
       ``(1) Initial certification.--An entity that seeks to be a 
     patient safety organization shall submit an initial 
     certification to the Secretary that the entity--
       ``(A) has policies and procedures in place to perform each 
     of the patient safety activities described in section 921(5); 
     and
       ``(B) upon being listed under subsection (d), will comply 
     with the criteria described in subsection (b).
       ``(2) Subsequent certifications.--An entity that is a 
     patient safety organization shall submit every 3 years after 
     the date of its initial listing under subsection (d) a 
     subsequent certification to the Secretary that the entity--
       ``(A) is performing each of the patient safety activities 
     described in section 921(5); and
       ``(B) is complying with the criteria described in 
     subsection (b).
       ``(b) Criteria.--
       ``(1) In general.--The following are criteria for the 
     initial and subsequent certification of an entity as a 
     patient safety organization:
       ``(A) The mission and primary activity of the entity are to 
     conduct activities that are to improve patient safety and the 
     quality of health care delivery.
       ``(B) The entity has appropriately qualified staff (whether 
     directly or through contract), including licensed or 
     certified medical professionals.
       ``(C) The entity, within each 24-month period that begins 
     after the date of the initial listing under subsection (d), 
     has bona fide contracts, each of a reasonable period of time, 
     with more than 1 provider for the purpose of receiving and 
     reviewing patient safety work product.
       ``(D) The entity is not, and is not a component of, a 
     health insurance issuer (as defined in section 2791(b)(2)).
       ``(E) The entity shall fully disclose--

[[Page 16889]]

       ``(i) any financial, reporting, or contractual relationship 
     between the entity and any provider that contracts with the 
     entity; and
       ``(ii) if applicable, the fact that the entity is not 
     managed, controlled, and operated independently from any 
     provider that contracts with the entity.
       ``(F) To the extent practical and appropriate, the entity 
     collects patient safety work product from providers in a 
     standardized manner that permits valid comparisons of similar 
     cases among similar providers.
       ``(G) The utilization of patient safety work product for 
     the purpose of providing direct feedback and assistance to 
     providers to effectively minimize patient risk.
       ``(2) Additional criteria for component organizations.--If 
     an entity that seeks to be a patient safety organization is a 
     component of another organization, the following are 
     additional criteria for the initial and subsequent 
     certification of the entity as a patient safety organization:
       ``(A) The entity maintains patient safety work product 
     separately from the rest of the organization, and establishes 
     appropriate security measures to maintain the confidentiality 
     of the patient safety work product.
       ``(B) The entity does not make an unauthorized disclosure 
     under this part of patient safety work product to the rest of 
     the organization in breach of confidentiality.
       ``(C) The mission of the entity does not create a conflict 
     of interest with the rest of the organization.
       ``(c) Review of Certification.--
       ``(1) In general.--
       ``(A) Initial certification.--Upon the submission by an 
     entity of an initial certification under subsection (a)(1), 
     the Secretary shall determine if the certification meets the 
     requirements of subparagraphs (A) and (B) of such subsection.
       ``(B) Subsequent certification.--Upon the submission by an 
     entity of a subsequent certification under subsection (a)(2), 
     the Secretary shall review the certification with respect to 
     requirements of subparagraphs (A) and (B) of such subsection.
       ``(2) Notice of acceptance or non-acceptance.--If the 
     Secretary determines that--
       ``(A) an entity's initial certification meets requirements 
     referred to in paragraph (1)(A), the Secretary shall notify 
     the entity of the acceptance of such certification; or
       ``(B) an entity's initial certification does not meet such 
     requirements, the Secretary shall notify the entity that such 
     certification is not accepted and the reasons therefor.
       ``(3) Disclosures regarding relationship to providers.--The 
     Secretary shall consider any disclosures under subsection 
     (b)(1)(E) by an entity and shall make public findings on 
     whether the entity can fairly and accurately perform the 
     patient safety activities of a patient safety organization. 
     The Secretary shall take those findings into consideration in 
     determining whether to accept the entity's initial 
     certification and any subsequent certification submitted 
     under subsection (a) and, based on those findings, may deny, 
     condition, or revoke acceptance of the entity's 
     certification.
       ``(d) Listing.--The Secretary shall compile and maintain a 
     listing of entities with respect to which there is an 
     acceptance of a certification pursuant to subsection 
     (c)(2)(A) that has not been revoked under subsection (e) or 
     voluntarily relinquished.
       ``(e) Revocation of Acceptance of Certification.--
       ``(1) In general.--If, after notice of deficiency, an 
     opportunity for a hearing, and a reasonable opportunity for 
     correction, the Secretary determines that a patient safety 
     organization does not meet the certification requirements 
     under subsection (a)(2), including subparagraphs (A) and (B) 
     of such subsection, the Secretary shall revoke the 
     Secretary's acceptance of the certification of such 
     organization.
       ``(2) Supplying confirmation of notification to 
     providers.--Within 15 days of a revocation under paragraph 
     (1), a patient safety organization shall submit to the 
     Secretary a confirmation that the organization has taken all 
     reasonable actions to notify each provider whose patient 
     safety work product is collected or analyzed by the 
     organization of such revocation.
       ``(3) Publication of decision.--If the Secretary revokes 
     the certification of an organization under paragraph (1), the 
     Secretary shall--
       ``(A) remove the organization from the listing maintained 
     under subsection (d); and
       ``(B) publish notice of the revocation in the Federal 
     Register.
       ``(f) Status of Data After Removal from Listing.--
       ``(1) New data.--With respect to the privilege and 
     confidentiality protections described in section 922, data 
     submitted to an entity within 30 days after the entity is 
     removed from the listing under subsection (e)(3)(A) shall 
     have the same status as data submitted while the entity was 
     still listed.
       ``(2) Protection to continue to apply.--If the privilege 
     and confidentiality protections described in section 922 
     applied to patient safety work product while an entity was 
     listed, or to data described in paragraph (1), such 
     protections shall continue to apply to such work product or 
     data after the entity is removed from the listing under 
     subsection (e)(3)(A).
       ``(g) Disposition of Work Product and Data.--If the 
     Secretary removes a patient safety organization from the 
     listing as provided for in subsection (e)(3)(A), with respect 
     to the patient safety work product or data described in 
     subsection (f)(1) that the patient safety organization 
     received from another entity, such former patient safety 
     organization shall--
       ``(1) with the approval of the other entity and a patient 
     safety organization, transfer such work product or data to 
     such patient safety organization;
       ``(2) return such work product or data to the entity that 
     submitted the work product or data; or
       ``(3) if returning such work product or data to such entity 
     is not practicable, destroy such work product or data.

     ``SEC. 925. TECHNICAL ASSISTANCE.

       ``The Secretary, acting through the Director, may provide 
     technical assistance to patient safety organizations, 
     including convening annual meetings for patient safety 
     organizations to discuss methodology, communication, data 
     collection, or privacy concerns.

     ``SEC. 926. SEVERABILITY.

       ``If any provision of this part is held to be 
     unconstitutional, the remainder of this part shall not be 
     affected.''.
       (b) Authorization of Appropriations.--Section 937 of the 
     Public Health Service Act (as redesignated by subsection (a)) 
     is amended by adding at the end the following:
       ``(e) Patient Safety and Quality Improvement.--For the 
     purpose of carrying out part C, there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2006 through 2010.''.
       (c) GAO Study on Implementation.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the effectiveness of part C of title 
     IX of the Public Health Service Act (as added by subsection 
     (a)) in accomplishing the purposes of such part.
       (2) Report.--Not later than February 1, 2010, the 
     Comptroller General shall submit a report on the study 
     conducted under paragraph (1). Such report shall include such 
     recommendations for changes in such part as the Comptroller 
     General deems appropriate.
                                 ______
                                 
  SA 1412. Mr. HATCH (for himself, Mr. Inhofe, Mr. Bennett, and Mr. 
Chambliss) submitted an amendment intended to be proposed by him to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 66, after line 22, insert the following:

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

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

[[Page 16890]]



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