[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 21765-21773]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1882. Mr. CONRAD (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed by him to the bill H.R. 2863, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title IX, insert the following:
       Sec.    . (a) Additional Amount for Aircraft Procurement, 
     Air Force.--The amount appropriated by this title under the 
     heading ``Aircraft Procurement, Air Force'' is hereby 
     increased by $218,500,000.
       (b) Availability of Amount.--Of the amount appropriated by 
     this title under the heading ``Aircraft Procurement, Air 
     Force'', as increased by subsection (a), $218,500,000 shall 
     be available for purposes as follows:
       (1) Procurement of Predator MQ-1 air vehicles, initial 
     spares, and RSP kits.
       (2) Procurement of Containerized Dual Control Station 
     Launch and Recovery Elements.
       (3) Procurement of a Fixed Ground Control Station.
       (4) Procurement of other upgrades to Predator MQ-1 Ground 
     Control Stations, spares, and signals intelligence packages.
       (c) Offset.--(1) The amount appropriated by this title for 
     the Iraq Freedom Fund is hereby reduced by $218,500,000.
       (2) The reduction under paragraph (1) shall not be from 
     amounts available for classified programs or from amounts 
     available for the Joint IED Defeat Task Force.
       (d) Contingency Operations.--The amount made available by 
     subsection (a) is designated as making supplemental 
     appropriations for contingency operations related to the 
     global war on terrorism pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress).
                                 ______
                                 
  SA 1883. Mr. CONRAD (for himself, Mr. Baucus, Mr. Salazar, Mr. Enzi, 
Mr. Thomas, and Mr. Burns) 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; from the Committee on Armed 
Services; which was ordered to lie on the table; as follows:

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

     SEC. 1073. POLICY OF THE UNITED STATES ON THE INTER-
                   CONTINENTAL BALLISTIC MISSILE FORCE.

       (a) Findings.--Congress makes the following findings:
       (1) Consistent with warhead levels agreed to in the Moscow 
     Treaty, the United States is modifying the capacity of the 
     Minuteman III intercontinental ballistic missile (ICBM) from 
     its prior capability to carry up to 3 independent reentry 
     vehicles (RVs) to carry as few as a single reentry vehicle, a 
     process known as downloading.
       (2) A series of Department of Defense studies of United 
     States strategic forces, including the 2001 Nuclear Posture 
     Review, has confirmed the continued need for 500 
     intercontinental ballistic missiles.
       (3) In a potential nuclear crisis it is important that the 
     nuclear weapons systems of the United States be configured so 
     as to discourage other nations from making a first strike.
       (4) The intercontinental ballistic missile force is 
     currently being considered as part of the deliberations of 
     the Department of Defense for the Quadrennial Defense Review.
       (b) Statement of United States Policy.--It is the policy of 
     the United States to continue to deploy a force of 500 
     intercontinental ballistic missiles, provided that 
     unanticipated strategic developments may compel the United 
     States to make changes to this force structure in the future.
       (c) Moscow Treaty Defined.--In this section, the term 
     ``Moscow Treaty'' means the Treaty Between the United States 
     of America and the Russian Federation on Strategic Offensive 
     Reductions, done at Moscow on May 24, 2002.
                                 ______
                                 
  SA 1884. Mr. THUNE 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 X, add the following:

     SEC. 1044. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL 
                   MAPPING FOR SCIENTIFIC AND CIVIL PURPOSES.

       (a) In General.--Not later than January 15, 2006, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the feasibility and 
     advisability of utilizing the Space Radar for purposes of 
     providing coastal zone and other topographical mapping 
     information, and related information, to the scientific 
     community and other elements of the private sector for 
     scientific and civil purposes.
       (b) Report Elements.--The report required by subsection (a) 
     shall include the following:
       (1) A description and evaluation of any uses of the Space 
     Radar for scientific or civil purposes that are identified by 
     the Secretary for purposes of the report.
       (2) A description and evaluation of any additions or 
     modifications to the Space Radar identified by the Secretary 
     for purposes of the report that would increase the utility of 
     the Space Radar to the scientific community or other elements 
     of the private sector for scientific or civil purposes, 
     including the utilization of additional frequencies, the 
     development or enhancement of ground systems, and the 
     enhancement of operations.
       (3) A description of the costs of any additions or 
     modifications identified pursuant to paragraph (2).
       (4) A description and evaluation of processes to be 
     utilized to determine the means of modifying the Space Radar 
     in order to meet the needs of the scientific community or 
     other elements of the private sector with respect to the use 
     of the Space Radar for scientific or civil purposes, and a 
     proposal for meeting the costs of such modifications.
       (5) A description and evaluation of the impacts, if any, on 
     the primary missions of the Space Radar, and on the 
     development of the Space Radar, of the use of the Space Radar 
     for scientific or civil purposes.
       (6) A description of the process for developing 
     requirements for the Space Radar, including the involvement 
     of the Civil Applications Committee.
                                 ______
                                 
  SA 1885. 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

[[Page 21766]]

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. WELFARE OF SPECIAL CATEGORY RESIDENTS AT NAVAL 
                   STATION GUANTANAMO BAY, CUBA.

       (a) In General.--The Secretary of the Navy may provide for 
     the general welfare, including subsistence, housing, and 
     health care, of any person at Naval Station Guantanamo Bay, 
     Cuba, who is designated by the Secretary, not later than 90 
     days after the date of the enactment of this Act, as a so-
     called ``special category resident''.
       (b) Prohibition on Construction of Facilities.--The 
     authorization in subsection (a) shall not be construed as an 
     authorization for the construction of new housing facilities 
     or medical treatment facilities.
       (c) Construction of Prior Use of Funds.--The provisions of 
     chapter 13 of title 31, United States Code, are hereby deemed 
     not to have applied to the obligation or expenditure of funds 
     before the date of the enactment of this Act for the general 
     welfare of persons described in subsection (a).
                                 ______
                                 
  SA 1886. Mr HARKIN (for himself, Mr. Obama, Mr. Reid, Mr. Kennedy, 
Mr. Durbin, Mr. Bayh, Mr. Dodd, Mr. Schumer, Mr. Reed, Mr. Biden, Mr. 
Stevens, and Mrs. Murray) proposed an amendment to the bill H.R. 2863, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page     , at the appropriate place at the end of Title 
     9, insert the following:

                               TITLE   .

     SECTION 101.

       (a) From the money in the Treasury not otherwise obligated 
     or appropriated, there are appropriated to the Centers for 
     Disease Control and Prevention $3,913,000,000 for activities 
     relating to the avian flu epidemic during the fiscal year 
     ending September 30, 2006, which shall be available until 
     expended.
       (b) Of the amount appropriated under subsection (a)--
       (1) $3,080,000,000 shall be for the stockpiling of 
     antivirals and necessary medical supplies;
       (2) $33,000,000 shall be for global surveillance relating 
     to avian flu;
       (3) $125,000,000 shall be to increase the national 
     investment in domestic vaccine infrastructure including 
     development and research;
       (4) $600,000,000 shall be for additional grants to state 
     and local public health agencies for emergency preparedness, 
     to increase funding for emergency preparedness centers, and 
     to expand hospital surge capacity; and
       (5) $75,000,000 shall be for risk communication and 
     outreach to providers, businesses, and to the American 
     public.
       (c) The amount appropriated under subsection (a)--
       (1) is designated as an emergency requirement pursuant to 
     section 402 of H.R. Con. Res. 95 (109th Congress); and
       (2) shall remain available until expended.
       (d) This title shall take effect on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 1887. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Renaming of Death Gratuity Payable for Deaths 
     of Members of the Armed Forces.--Subchapter II of chapter 75 
     of title 10, United States Code, is amended as follows:
       (1) In section 1475(a), by striking ``have a death gratuity 
     paid'' and inserting ``have fallen hero compensation paid''.
       (2) In section 1476(a)--
       (A) in paragraph (1), by striking ``a death gratuity'' and 
     inserting ``fallen hero compensation''; and
       (B) in paragraph (2), by striking ``A death gratuity'' and 
     inserting ``Fallen hero compensation''.
       (3) In section 1477(a), by striking ``A death gratuity'' 
     and inserting ``Fallen hero compensation''.
       (4) In section 1478(a), by striking ``The death gratuity'' 
     and inserting ``The amount of fallen hero compensation''.
       (5) In section 1479(1), by striking ``the death gratuity'' 
     and inserting ``fallen hero compensation''.
       (6) In section 1489--
       (A) in subsection (a), by striking ``a gratuity'' in the 
     matter preceding paragraph (1) and inserting ``fallen hero 
     compensation''; and
       (B) in subsection (b)(2), by inserting ``or other 
     assistance'' after ``lesser death gratuity''.
       (b) Clerical Amendments.--
       (1) Such subchapter is further amended by striking ``Death 
     Gratuity:'' each place it appears in the heading of sections 
     1475 through 1480 and 1489 and inserting ``Fallen Hero 
     Compensation:''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by striking ``Death gratuity:'' in the 
     items relating to sections 1474 through 1480 and 1489 and 
     inserting ``Fallen hero compensation:''.
       (c) General References.--Any reference to a death gratuity 
     payable under subchapter II of chapter 75 of title 10, United 
     States Code, in any law, regulation, document, paper, or 
     other record of the United States shall be deemed to be a 
     reference to fallen hero compensation payable under such 
     subchapter, as amended by this section.
                                 ______
                                 
  SA 1888. Mr. SALAZAR (for himself, Mr. Reed, and Mr. Lieberman) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2863, making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROVISION OF DEPARTMENT OF DEFENSE SUPPORT FOR 
                   CERTAIN PARALYMPIC SPORTING EVENTS.

       Section 2564 of title 10, United States Code, is amended--
       (1) in subsection (c), by adding at the end the following 
     new paragraphs:
       ``(4) A sporting event sanctioned by the United States 
     Olympic Committee through the Paralympic Military Program.
       ``(5) A national or international Paralympic sporting event 
     (other than one covered by paragraph (3) or (4)) which is--
       ``(A) held in the United States or any of its territories 
     or commonwealths;
       ``(B) governed by the International Paralympic Committee; 
     and
       ``(C) sanctioned by the United States Olympic Committee.''; 
     and
       (2) in subsection (d)--
       (A) by inserting ``(1)'' before ``The Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Not more than $1,000,000 may be expended in any 
     fiscal year to provide support for events specified under 
     paragraph (5) of subsection (c).''.
                                 ______
                                 
  SA 1889. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, insert the following:
       Sec. 8116. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Army'', 
     $2,000,000 may be made available for medical advanced 
     technology for applied emergency hypothermia for advanced 
     combat casualty life support.
                                 ______
                                 
  SA 1890. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, insert the following:
       Sec. 8116. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Army'', 
     $2,000,000 may be made available for weapons and munitions 
     advanced technology for the advanced lightweight silicon 
     switch for the electromagnetic gun system.
                                 ______
                                 
  SA 1891. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, insert the following:
       Sec. 8116. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Navy'', 
     $3,000,000 may be made available for acoustic search sensors 
     for power upgrades to Navy buoys.
                                 ______
                                 
  SA 1892. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2863, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, insert the following:

     SEC. 8116. PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR 
                   DEGRADING TREATMENT OR PUNISHMENT.

       (a) In General.--None of the funds appropriated or 
     otherwise made available by this

[[Page 21767]]

     Act shall be obligated or expended to subject any person in 
     the custody or under the physical control of the United 
     States to torture or cruel, inhuman, or degrading treatment 
     or punishment.
       (b) Definitions.--As used in this section--
       (1) the term ``torture'' has the meaning given that term in 
     section 2340(1) of title 18, United States Code; and
       (2) the term ``cruel, inhuman, or degrading treatment or 
     punishment'' means conduct that would constitute cruel, 
     unusual, and inhumane treatment or punishment prohibited by 
     the fifth amendment, eighth amendment, or fourteenth 
     amendment to the Constitution of the United States if the 
     conduct took place in the United States.
                                 ______
                                 
  SA 1893. Ms. LANDRIEU submitted an amendment to be proposed by her to 
the bill H.R. 2863, making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.(a) Implementation of IMT-2000 3G Communications 
     Capabilities.--
       (1) Additional amount for operation and maintenance, air 
     force.--The amount appropriated by title II under the heading 
     ``Operation and Maintenance, Air Force'' is hereby increased 
     by $10,000,000.
       (2) Availability of amount.--Of the amount appropriated or 
     otherwise made available by title II under the heading 
     ``Operation and Maintenance, Air Force'', as increased by 
     paragraph (1), $10,000,000 may be available to the United 
     States Northern Command for the purposes of implementing IMT-
     2000 3G Standards Based Communications Information Extension 
     capabilities for the Gulf States and key entities within the 
     Northern Command Area of Responsibility (AOR).
       (b) Implementation of IMT-2000 3G Communications 
     Capabilities.--
       (1) Additional amount for other procurement, air force.--
     The amount appropriated by title III under the heading 
     ``Other Procurement, Air Force'' is hereby increased by 
     $20,000,000.
       (2) Availability of amount.--Of the amount appropriated or 
     otherwise made available by title III under the heading 
     ``Other Procurement, Air Force'', as increased by paragraph 
     (1), $20,000,000 may be available to the United States 
     Northern Command for the purposes of implementing IMT-2000 3G 
     Standards Based Communications Information Extension 
     capabilities for the Gulf States and key entities within the 
     Northern Command Area of Responsibility (AOR).
       (3) Construction of amount.--The amount available under 
     paragraph (2) for the purpose set forth in that paragraph is 
     in addition to any other amounts available in this Act for 
     that purpose.
                                 ______
                                 
  SA 1894. Mr. STEVENS (for Mr. Grassley (for himself and Mr. Baucus)) 
proposed an amendment to the bill S. 1778, to extend medicare cost-
sharing for qualifying individuals through September 2006, to extend 
the Temporary Assistance for Needy Families Program, transitional 
medical assistance under the Medicaid Program, and related programs 
through March 31, 2006, and for other purposes; as follows:

       At the end, add the following:

     SEC. 4. RESTRICTION ON COVERED DRUGS UNDER THE MEDICAID AND 
                   MEDICARE PROGRAMS.

       (a) Exclusion Under Medicare Beginning in 2007.--Section 
     1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
     102(e)(2)(A)) is amended by inserting ``and, only with 
     respect to 2006, other than subparagraph (K) (relating to 
     agents when used to treat sexual or erectile dysfunction, 
     unless such agents are used to treat a condition, other than 
     sexual or erectile dysfunction, for which the agent has been 
     approved by the Food and Drug Administration)'' after 
     ``agents)''.
       (b) Restriction Under Medicaid.--
       (1) In general.--Section 1927(d)(2) of the Social Security 
     Act (42 U.S.C. 1396r-8(d)(2)) is amended by adding at the end 
     the following new subparagraph:
       ``(K) Agents when used to treat sexual or erectile 
     dysfunction, except that such exclusion or other restriction 
     shall not apply in the case of such agents when used to treat 
     a condition, other than sexual or erectile dysfunction, for 
     which the agent has been approved by the Food and Drug 
     Administration.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to drugs dispensed on or after the date that is 
     60 days after the date of enactment of this Act.
       (c) Clarification of no effect on determination of base 
     expenditures.--Section 1935(c)(3)(B)(ii)(II) of the Social 
     Security Act (42 U.S.C. 1396v(c)(3)(B)(ii)(II)) is amended by 
     inserting ``, including drugs described in subparagraph (K) 
     of section 1927(d)(2)'' after ``1860D-2(e)''.
                                 ______
                                 
  SA 1895. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment to be proposed by him to the bill H.R. 2863, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, Air 
     Force'', up to $3,000,000 may be used for research and 
     development on the reliability of field programmable gate 
     arrays for space applications.
                                 ______
                                 
  SA 1896. Mr. DAYTON submitted an amendment to be proposed by him to 
the bill H.R. 2863, making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.(a) Additional Amount for Operation and 
     Maintenance, Defense-Wide.--The amount appropriated by title 
     II under the heading ``Operation and Maintenance, Defense-
     Wide'' is hereby increased by $120,000,000.
       (b) Availability for Child and Family Assistance 
     Benefits.--Of the amount appropriated by title II under the 
     heading ``Operation and Maintenance, Defense-Wide'', as 
     increased by subsection (a), $120,000,000 may be available as 
     follows:
       (1) $100,000,000 may be available for childcare services 
     for families of members of the Armed Forces.
       (2) $20,000,000 may be available for family assistance 
     centers that primarily serve members of the Armed Forces and 
     their families.
       (c) Offset.--
       (1) In general.--Subject to paragraph (2), the amount 
     appropriated or otherwise made available by this Act for the 
     Missile Defense Agency is hereby reduced by $120,000,000.
       (2) Limitation.--The reduction in paragraph (1) shall not 
     be derived from amounts appropriated or otherwise made 
     available by this Act for the Missile Defense Agency and 
     available for missile defense programs and activities of the 
     Army.
                                 ______
                                 
  SA 1897. Mr. SANTORUM submitted an amendment 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. WARHEAD/GRENADE SCIENTIFIC BASED MANUFACTURING 
                   TECHNOLOGY.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation for the Army.--The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $1,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $1,000,000 shall be available for Weapons and Ammunition 
     Technology (PE#602624A) for Warhead/Grenade Scientific Based 
     Manufacturing Technology.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance, Defense-wide 
     activities is hereby reduced by $1,000,000, with the amount 
     of the reduction to be allocated to amounts for Information 
     Technology Initiatives.
                                 ______
                                 
  SA 1898. Mr. SANTORUM submitted an amendment 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 379, after line 22, add the following:

     SEC. 3302. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND 
                   CONCENTRATES.

       (a) Disposal Authorized.--The President may dispose of up 
     to 8,000,000 pounds of contained tungsten in the form of 
     tungsten ores and concentrates from the National Defense 
     Stockpile in fiscal year 2006.
       (b) Certain Sales Authorized.--The tungsten ores and 
     concentrates disposed under subsection (a) may be sold to 
     entities with ore conversion or tungsten carbide 
     manufacturing or processing capabilities in the United 
     States.

[[Page 21768]]


                                 ______
                                 
  SA 1899. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 2863, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Funding for Participation of Vet Centers in 
     Transition Assistance Programs.--Of the amounts appropriated 
     or otherwise made available by this Act, up to $10,000,000 
     shall be used for the participation of Vet centers in the 
     transition assistance programs of the Department of Defense 
     for members of the Armed Forces.
       (b) Vet Centers Defined.--In this section, the term ``Vet 
     centers'' means centers for the provision of readjustment 
     counseling and related mental health services under section 
     1712A of title 38, United States Code.
                                 ______
                                 
  SA 1900. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, insert the following:
       Sec. 8116.(a) Notwithstanding any other provision of law, 
     not later than 60 days after the date on which the initial 
     obligation of funds made available in this Act for training 
     Afghan security forces is made, the Secretary of Defense, in 
     conjunction with the Secretary of State, shall submit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) An assessment of whether the individuals who are 
     providing training to Afghan security forces with assistance 
     provided by the United States have proven records of 
     experience in training law enforcement or security personnel.
       (2) A description of the procedures of the Department of 
     Defense and Department of State to ensure that an individual 
     who receives such training--
       (A) does not have a criminal background;
       (B) is not connected to any criminal or terrorist 
     organization, including the Taliban;
       (C) is not connected to drug traffickers; and
       (D) meets certain age and experience standards.
       (3) A description of the procedures of the Department of 
     Defense and Department of State that--
       (A) clearly establish the standards an individual who will 
     receive such training must meet;
       (B) clearly establish the training courses that will permit 
     the individual to meet such standards; and
       (C) provide for certification of an individual who meets 
     such standards.
       (4) A description of the procedures of the Department of 
     Defense and Department of State to ensure the coordination of 
     such training efforts.
       (5) The number of trained security personnel needed in 
     Afghanistan, an explanation of how such number was 
     determined, and a schedule for providing such personnel to 
     Afghanistan.
       (6) A description of the methods that will be used by the 
     Government of Afghanistan to maintain and equip such 
     personnel when the such training is completed.
       (7) A description of how such training efforts will be 
     coordinated with other training programs being conducted by 
     the governments of other countries or international 
     organizations in Afghanistan.
       (b) Not less frequently than once each year the Secretary 
     of Defense, in conjunction with the Secretary of State, shall 
     submit a report to the appropriate congressional committees 
     that describes the progress made to meet the goals and 
     schedules set out in the report required by subsection (a).
       (c) In this section the term ``appropriate congressional 
     committees'' means the Committee on Appropriations, the 
     Committee on Armed Services, and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations, 
     the Committee on Armed Services, and the Committee on 
     International Relations of the House of Representatives.
                                 ______
                                 
  SA 1901. Mr. LEAHY (for himself, Mr. Bond, Mr. Talent, and Ms. 
Landrieu) proposed an amendment to the bill H.R. 2863, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 228, between lines 4 and 5, insert the following:

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $1,300,000,000, to remain available until 
     expended: Provided, That the amount available under this 
     heading shall be available for homeland security and homeland 
     security response equipment; Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).
                                 ______
                                 
  SA 1902. Mr. LEAHY 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 the bill, insert:


                                 REPORT

       Sec.   . Not later than 90 days after enactment of this 
     Act, the Secretary of Defense shall submit a report to the 
     Committee on Armed Services and the Committee on 
     Appropriations with the following information--
       (a) Whether records of civilian casualties in Afghanistan 
     and Iraq are kept by United States Armed Forces, and if so, 
     how and from what sources this information is collected, 
     where it is kept, and who is responsible for maintaining such 
     records.
       (b) Whether such records contain (1) any information 
     relating to the circumstances under which the casualties 
     occurred and whether they were fatalities or injuries; (2) if 
     any condolence payment, compensation or assistance was 
     provided to the victim or to the victim's family; and (3) any 
     other information relating to the casualties.
                                 ______
                                 
  SA 1903. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, insert the following:

     SEC. 8116. APPLICATIONS FOR IMPACT AND AID PAYMENT.

       Notwithstanding paragraphs (2) and (3) of section 8005(d) 
     of Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7705(d)(2) and (3), the Secretary of Education shall treat as 
     timely filed, and shall process for payment, an application 
     under section 8002 or section 8003 of such Act (20 U.S.C. 
     7702, 7703) for fiscal year 2005 from a local educational 
     agency--
       (1) that, for each of the fiscal year 2000 through 2004, 
     submitted an application by the date specified by the 
     Secretary of Education under section 8005(c) of such Act for 
     the fiscal year;
       (2) for which a reduction of more than $1,000,000 was made 
     under section 8005(d)(2) of such Act by the Secretary of 
     Education as a result of the agency's failure to file a 
     timely application under section 8002 or 8003 of such Act for 
     fiscal year 2005; and
       (3) that submits an application for fiscal year 2005 during 
     the period beginning on February 2, 2004, and ending on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 1904. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 222, after line 12, insert the following:
       Sec. 8114. None of the funds made available in this Act may 
     be used to procure goods or services, through a contract or 
     subcontract (at any level) under a contract, from a Communist 
     Chinese military company: Provided, That for purposes of this 
     section, the term ``Communist Chinese military company'' has 
     the meaning given that term in section 1237(b)(4) of the 
     Strom Thurmond National Defense Act for Fiscal Year 1999 
     (Public Law 105-261; 50 U.S.C. 1701 note).
                                 ______
                                 
  SA 1905. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 2863, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       (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

[[Page 21769]]

     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 1906. Mr. FEINGOLD submitted an amendment to be proposed by him to 
the bill H.R. 2863, making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

       (a) In General.--The Secretary of Defense, acting through 
     the Chairman of the National Security Education Board, shall, 
     during the 3-year period beginning on the date of enactment 
     of this Act, carry out a pilot program to establish a 
     civilian linguist reserve corps, comprised of United States 
     citizens with advanced levels of proficiency in foreign 
     languages, who would be available, upon request from the 
     President, to perform translation and other services or 
     duties with respect foreign languages for the Federal 
     Government.
       (b) Implementation.--In establishing the Civilian Linguist 
     Reserve Corps, the Secretary, after reviewing the findings 
     and recommendations contained in the report required under 
     section 325 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (Public Law 107-306; 116 Stat. 2393), shall--
       (1) identify several foreign languages in which proficiency 
     by United States citizens is critical for the national 
     security interests of the United States and the relative 
     importance of such proficiency in each such language;
       (2) identify United States citizens with advanced levels of 
     proficiency in each foreign language identified under 
     paragraph (1) who would be available to perform the services 
     and duties referred to in subsection (a);
       (3) cooperate with other Federal agencies with national 
     security responsibilities to implement a procedure for 
     securing the performance of the services and duties referred 
     to in subsection (a) by the citizens identified under 
     paragraph (2); and
       (4) invite individuals identified under paragraph (2) to 
     participate in the civilian linguist reserve corps.
       (c) Contract Authority.--In establishing the civilian 
     linguist reserve corps, the Secretary may enter into 
     contracts with appropriate agencies or entities.
       (d) Feasibility Study.--During the course of the pilot 
     program established under this section, the Secretary shall 
     conduct a study of the best practices to be utilized in 
     establishing the civilian linguist reserve corps, including 
     practices regarding--
       (1) administrative structure;
       (2) languages that will be available;
       (3) the number of language specialists needed for each 
     language;
       (4) the Federal agencies that may need language services;
       (5) compensation and other operating costs;
       (6) certification standards and procedures;
       (7) security clearances;
       (8) skill maintenance and training; and
       (9) the use of private contractors to supply language 
     specialists.
       (e) Reports.--
       (1) Evaluation reports.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for the next 2 
     years, the Secretary shall submit to Congress an evaluation 
     report on the pilot project conducted under this section.
       (B) Contents.--Each report under subparagraph (A) shall 
     contain information on the operation of the pilot project, 
     the success of the pilot project in carrying out the 
     objectives of the establishment of a civilian linguist 
     reserve corps, and recommendations for the continuation or 
     expansion of the pilot project.
       (2) Final report.--Not later than 6 months after the 
     completion of the pilot project, the Secretary shall submit 
     to Congress a final report summarizing the lessons learned, 
     best practices, and recommendations for full implementation 
     of a civilian linguist reserve corps.
       (f) Funding.--Of the amount appropriated under the heading 
     ``Operation and Maintenance, Defense-Wide'' in title II, 
     $3,100,000 shall be available to carry out the pilot program 
     under this section.
                                 ______
                                 
  SA 1907. Mr. DeWINE submitted an amendment 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 167, between lines 6 and 7, insert the following:
       (c) Additional Death Gratuity.--In the case of an active 
     duty member of the armed forces who died between October 7, 
     2001, and May 11, 2005, and was not eligible for an 
     additional death gratuity under section 1478(e) of title 10, 
     United States Code (as added by section 1013(b) of Public Law 
     109-13), the eligible survivors of such decedent shall 
     receive, in addition to the death gratuity available to such 
     survivors under section 1478(a) of such title, an additional 
     death gratuity of $150,000 under the same conditions as 
     provided under such section 1478(e).
                                 ______
                                 
  SA 1908. Mr. DURBIN (for himself, Ms. Mikulski, Mr. Corzine, Mr. 
Salazar, Mrs. Murray, Mr. Lautenberg, Mr. Biden, Mr. Nelson of Florida, 
Mr. Bingaman, Mr. Chafee and Mr. Kerry) proposed an amendment to the 
bill H.R. 2863, making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS 
                   PERFORMING ACTIVE SERVICE IN THE UNIFORMED 
                   SERVICES OR NATIONAL GUARD.

       (a) Short Title.--This section may be cited as the 
     ``Reservists Pay Security Act of 2005''.
       (b) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services or National Guard

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     active duty in the uniformed services pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10 shall be entitled, while 
     serving on active duty, to receive, for each pay period 
     described in subsection (b), an amount equal to the amount by 
     which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that service, exceeds (if at all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for that service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     service on active duty to which called or ordered as 
     described in subsection (a).
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e)(1) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(2) The Administrator of the Federal Aviation 
     Administration shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of that agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee', `Federal Government', and 
     `uniformed services' have the same respective meanings as 
     given them in section 4303 of title 38;

[[Page 21770]]

       ``(2) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(3) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     55 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
              National Guard.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as amended by 
     this section) beginning on or after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 1909. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill H.R. 2863, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Of the amount appropriated by title II under the 
     heading ``Operation and Maintenance, Navy'', $1,500,000 shall 
     be available for Civilian Manpower and Personnel for a Human 
     Resources Benefit Call Center in Machias, Maine.
                                 ______
                                 
  SA 1910. Mr. ALEXANDER submitted an amendment to be proposed by him 
to the bill H.R. 2863, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, insert the following:
       Sec. 8116. (a) Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the use of ground source heat pumps at Department of Defense 
     facilities.
       (b) The report required under subsection (a) shall 
     include--
       (1) an inventory of the number and type of Department of 
     Defense facilities that use ground source heat pumps;
       (2) an estimate of the number and type of Department of 
     Defense facilities that will use ground source heat pumps 
     during the following 5 years;
       (3) an assessment of the applicability and cost-
     effectiveness of the use of ground source heat pumps at 
     Department of Defense facilities in different geographic 
     regions of the United States;
       (4) a description of the relative applicability of ground 
     source heat pumps for purposes of new construction at, and 
     retrofitting of, Department of Defense facilities; and
       (5) recommendations for facilitating and encouraging the 
     increased use of ground source heat pumps at Department of 
     Defense facilities.
                                 ______
                                 
  SA 1911. Ms. SNOWE submitted an amendment to be proposed by her to 
the bill H.R. 2863, making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Of the amount appropriated by this Act under the 
     heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $9,000,000 shall be available for the rapid 
     mobilization of the New England Manufacturing Supply Chain 
     Initiative to meet Department of Defense supply shortages and 
     surge demands for parts and equipment.
                                 ______
                                 
  SA 1912. 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 B of title I, add the following:

     SEC. 114. TACTICAL WHEELED VEHICLES.

       (a) Additional Amount for Other Procurement, Army.--
       (1) In general.--The amount authorized to be appropriated 
     by section 101(5) for other procurement for the Army is 
     hereby increased by $360,800,000.
       (2) Availability of amount.--Of the amount authorized to be 
     appropriated by section 101(5) for other procurement for the 
     Army, as increased by paragraph (1)--
       (A) $247,100,000 may be available for the procurement of 
     armored Tactical Wheeled Vehicles to reconstitute Army 
     Prepositioned Stocks-5, including the procurement of armored 
     Light Tactical Vehicles (LTVs), armored Medium Tactical 
     Vehicles (MTVs), and armored Heavy Tactical Vehicles (HTVs) 
     for purposes of equipping one heavy brigade, one infantry 
     brigade, and two infantry battalions; and
       (B) $113,700,000 may be available for the procurement of 
     armored Tactical Wheeled Vehicles for the Joint Readiness 
     Training Center at Fort Polk, Louisiana, including the 
     procurement of armored Light Tactical Vehicles, armored 
     Medium Tactical Vehicles, and armored Heavy Tactical Vehicles 
     for purposes of equipping one infantry brigade combat team in 
     order to permit such vehicles to be used for the training and 
     preparation of troops, prior to deployment, on the use of 
     such vehicles.
       (b) Ballistics Engineering Program.--
       (1) Additional amount for research, development, test, and 
     evaluation, defense-wide.--
       (A) In general.--The amount authorized to be appropriated 
     by section 201(4) for research, development, test, and 
     evaluation for Defense-Wide activities is hereby increased by 
     $5,000,000.
       (B) Availability of amount.--Of the amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation for Defense-Wide activities, as 
     increased by subparagraph (A), $5,000,000 may be available 
     for the implementation of the ballistics engineering program 
     established under paragraph (2).
       (2) Ballistics engineering program.--
       (A) Establishment.--The Secretary of Defense shall create a 
     collaborative ballistics engineering program at two major 
     research institutions.
       (B) Purpose.--The purpose of the program established under 
     subparagraph (A) shall be to advance knowledge and 
     application of ballistics materials and procedures to improve 
     the safety of land-based military vehicles, particularly from 
     hidden improvised explosive devices, including through the 
     training of engineers, scientists, and military personnel in 
     ballistics materials and their use.
                                 ______
                                 
  SA 1913. Mr. BAYH submitted an amendment to be proposed by him to the 
bill H.R. 2863, making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENFORCEMENT AND LIABILITY FOR NONCOMPLIANCE WITH 
                   SERVICE-
                   MEMBERS CIVIL RELIEF ACT.

       (a) Enforcement.--
       (1) In general.--The Servicemembers Civil Relief Act (50 
     U.S.C. App. 501 et seq.) is amended by adding at the end the 
     following new title:

                       ``TITLE VIII--ENFORCEMENT

       ``SEC. 801. ADMINISTRATIVE ENFORCEMENT.
       ``(a) Enforcement by Federal Trade Commission.--(1) Except 
     as provided in subsections (b), (c), and (d), compliance with 
     the provisions of 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.

[[Page 21771]]

       ``(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).
       ``(c) Private Cause of Action.--A service-
     member, dependent, or other person protected by a provision 
     of this Act may commence an action in a district court of the 
     United States, or in a State court of competent jurisdiction, 
     to seek enforcement of the protection afforded by such 
     provision.
       ``(d) Construction of Enforcement.--
       ``(1) Enforcement by ftc.--The enforcement of the 
     provisions of this Act by the Federal Trade Commission 
     pursuant to subsection (a) shall be in addition to any other 
     enforcement of such provisions by the Department of Justice, 
     private cause of action, or other mechanism afforded by State 
     law.
       ``(2) Construction of remedies.--The remedies for 
     violations of the provisions of this Act provided for under 
     subsections (a), (b), and (c) are in addition to any other 
     remedies for violations of such provisions under Federal or 
     State law.''.
       (2) 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--ENFORCEMENT

``Sec. 801. Administrative enforcement.''.

       (b) Liability for Noncompliance.--
       (1) Section 301(c) of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 531(c)) is amended by striking paragraph (2) 
     and inserting the following new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a service-
     member or dependent) who fails to comply with any requirement 
     imposed by this section with respect to a servicemember or 
     dependent is liable to such servicemember or dependent in an 
     amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) 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
       ``(E) 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.
       ``(3) 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.''.
       (2) Section 302(b) of that Act (50 U.S.C. App. 532(b)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) 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
       ``(E) 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.
       ``(3) 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.''.
       (3) Section 303(d) of that Act (50 U.S.C. App. 533(d)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) 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
       ``(E) 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.
       ``(3) 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.''.
       (4) Section 305(h) of that Act (50 U.S.C. App. 535(h)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) 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
       ``(E) 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.
       ``(3) 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.''.
       (5) Section 306(e) of that Act (50 U.S.C. App. 536(e)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or

[[Page 21772]]

     dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) 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
       ``(E) 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.
       ``(3) 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.''.
       (6) Section 307(c) of that Act (50 U.S.C. App. 537(c)) is 
     amended by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) Civil liability for noncompliance.--Any person or 
     entity (other than a servicemember or dependent) who fails to 
     comply with any requirement imposed by this section with 
     respect to a servicemember or dependent is liable to such 
     servicemember or dependent in an amount equal to the sum of--
       ``(A) any actual damages sustained by such servicemember or 
     dependent as a result of the failure;
       ``(B) such amount of punitive damages as the court may 
     allow;
       ``(C) such amount of consequential damages as the court may 
     allow;
       ``(D) 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
       ``(E) 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.
       ``(3) 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. __. OUTREACH TO MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS ON THE SERVICEMEM-
                   BERS CIVIL RELIEF ACT.

       (a) Outreach to Members of the Armed Forces.--
       (1) In general.--The Secretary concerned shall provide to 
     each member of the Armed Forces under the jurisdiction of the 
     Secretary pertinent information on the rights and protections 
     available to servicemembers and their dependents under the 
     Service-
     members Civil Relief Act (50 U.S.C. App. 501 et seq.).
       (2) Time of provision.--Information shall be provided to a 
     member of the Armed Forces under paragraph (1) at times as 
     follows:
       (A) During initial entry training.
       (B) In the case of a member of a reserve component of the 
     Armed Forces, during initial entry training and when the 
     member is mobilized or otherwise individually called or 
     ordered to active duty for a period of more than one year.
       (C) At such other times as the Secretary concerned 
     considers appropriate.
       (b) Outreach to Dependents.--The Secretary concerned may 
     provide to the adult dependents of members of the Armed 
     Forces under the jurisdiction of the Secretary pertinent 
     information on the rights and protections available to 
     servicemembers and their dependents under the Servicemembers 
     Civil Relief Act.
       (c) Definitions.--In this section, the terms ``dependent'' 
     and ``Secretary concerned'' have the meanings given such 
     terms in section 101 of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 511).

     SEC. __. 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 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.
                                 ______
                                 
  SA 1914. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2863, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2006, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Sec.  . Of the amount appropriated in title III under the 
     heading ``OTHER PROCUREMENT, NAVY'', up to $2,000,000 may be 
     made available for the Surface Sonar Dome Window Program.
                                 ______
                                 
  SA 1915. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2863, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2006, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Sec.  . Of the amount appropriated in title IV under the 
     heading ``RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
     DEFENSE-WIDE'', up to $1,000,000 may be made available for 
     the Test Exploitation for Knowledge Discovery Toolkit.
                                 ______
                                 
  SA 1916. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2863, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2006, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Sec.  . Of the amount appropriated in title IV under the 
     heading ``RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY'', 
     up to $2,000,000 may be made available for the Critical Area 
     Protection Systems High Resolution Situational Awareness 
     Program.
                                 ______
                                 
  SA 1917. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2863, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2006, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Sec.  . Of the amount appropriated in title III under the 
     heading ``OTHER PROCUREMENT, AIR FORCE'', up to $1,500,000 
     may be made available for the Halvorsen Loader.
                                 ______
                                 
  SA 1918. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2863, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2006, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Sec.  . Of the amount appropriated in title III under the 
     heading ``RESEARCH, DEFENSE, TEST AND EVALUATION, DEFENSE-
     WIDE'', up to $1,000,000 may be made available for the 
     Florida Supply Chain Program.
                                 ______
                                 
  SA 1919. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2863, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2006, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Sec.  . Of the amount appropriated in title IV under the 
     heading ``RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY'', 
     up to $1,000,000 may be made available for the Miami 
     Children's Hospital Pediatric Brain Tumor and Neurological 
     Disease Institute.
                                 ______
                                 
  SA 1920. Mr. CHAMBLISS submitted an amendment to be proposed by him 
to the bill H.R. 2863, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 220, after line 25, add the following:
       Sec. 8116. Of the amount appropriated by title II under the 
     heading ``Environmental Restoration, Formerly Used Defense 
     Sites'', $400,000 shall be made available for removal of 
     unexploded ordnance at Camp Wheeler, Georgia.

[[Page 21773]]



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