[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[Senate]
[Pages 17144-17145]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006--Continued


                    Amendment No. 1342, as Modified

  Mr. WARNER. Mr. President, I ask unanimous consent that following the 
two stacked votes on Tuesday, the Senate proceed immediately to a vote 
in relation to Frist amendment No. 1342, as now modified, with the 
changes that are at the desk; provided further that no second degrees 
be in order to the above amendment prior to the vote and 
notwithstanding the provisions of rule XXII.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1342), as modified, is 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.--
       (i) Support.--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. This clause 
     shall be subject to the availability of appropriations.
       (ii) Youth organizations that cease to exist.--Clause (i) 
     shall not apply to any youth organization that ceases to 
     exist.
       (iii) Waivers.--The head of a Federal agency may waive the 
     application of clause (i) to any youth organization with 
     respect to each conviction or investigation described under 
     subclause (I) or (II) for a period of not more than 2 fiscal 
     years if--
       (I) any senior officer (including any member of the board 
     of directors) of the youth organization is convictedof a 
     criminal offense relating to the official duties of that 
     officer or the youth organization is convicted of a criminal 
     offense; or
       (II) the youth organization is the subject of a criminal 
     investigation relating to fraudulent use or waste of Federal 
     funds.
       (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

[[Page 17145]]

     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.''.

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