[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 22152-22173]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1995. 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:

          Subtitle F--Financial Protections for Servicemembers

     SEC. 671. SHORT TITLE.

       This subtitle may be cited as the ``Patriot Penalty 
     Elimination Act of 2005''.

     SEC. 672. INCOME PRESERVATION PAY FOR RESERVES SERVING ON 
                   ACTIVE DUTY IN SUPPORT OF A CONTINGENCY 
                   OPERATION.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, is amended by inserting after section 12316 the 
     following new section:

     ``Sec. 12316a. Reserves: income preservation pay

       ``(a) Requirement To Pay.--The Secretary of the military 
     department concerned shall pay income preservation pay under 
     this section to an eligible member of a reserve component of 
     the armed forces in connection with the member's active-duty 
     service as described in subsection (b).
       ``(b) Eligible Member.--A member is eligible for income 
     preservation pay if--
       ``(1) in the case of a member who is an employee of the 
     Federal Government--
       ``(A) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(B)(i) pursuant to such call or order, the member serves 
     on active duty outside the United States during at least 6 
     out of 12 consecutive months; or
       ``(ii) in the case of any member who has served on active 
     duty outside the United States at any time pursuant to such a 
     call or order and also serves on active duty pursuant to such 
     a call or order in an area affected by Hurricane Katrina or 
     Hurricane Rita, the member serves on active duty pursuant to 
     such calls or orders to active duty during at least 6 out of 
     12 consecutive months; and
       ``(C) with respect to such active-duty service, the amount 
     of the member's preservice earned income determined under 
     subparagraph (A) of subsection (c)(1) exceeds the amount of 
     the member's military service income determined under 
     subparagraph (B) of such subsection; or
       ``(2) in the case of any other member, the member--
       ``(A) meets the requirements of paragraph (1); and
       ``(B) is not receiving employment income preservation 
     payments from the qualifying employer of the member as 
     described in section 12316b of this title.
       ``(c) Amount.--(1) Subject to paragraph (2), the amount 
     payable under this section to a member in connection with 
     active-duty service is the amount equal to the excess (if 
     any) of--
       ``(A) the amount computed by multiplying--
       ``(i) the preservice average monthly earned income of the 
     member, by
       ``(ii) the total number of the member's service months for 
     such active-duty service, over
       ``(B) the amount computed by multiplying--
       ``(i) the military service average monthly income of the 
     member, by
       ``(ii) the total number of months determined under 
     subparagraph (A)(ii).
       ``(2) The total amount of income preservation pay that is 
     paid to a member under this section may not exceed $10,000.
       ``(d) Preservice Average Monthly Earned Income.--For the 
     purposes of this section, the preservice average monthly 
     earned income of a member who serves on active duty as 
     described in subsection (b) shall be computed by dividing 12 
     into the total amount of the member's earned income for the 
     12 months immediately preceding the member's first service 
     month of the period for which income preservation pay is to 
     be paid to the member under this section.
       ``(e) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (b) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay, special and incentive pays, and 
     allowances) and the total amount of the member's basic pay 
     (under section 204 of title 37), any special and incentive 
     pays paid to the member (under chapter 5 of title 37), and 
     any allowances paid to the member (under chapter 7 of title 
     37) for the member's service months for such active-duty 
     service, by
       ``(2) the total number of such months.
       ``(f) Time and Manner of Payment.--(1) Subject to paragraph 
     (2), the total amount of income preservation pay that is 
     payable under this section to a member in connection with 
     service on active duty is due and payable, in one lump sum, 
     not later than 30 days after the date on which the member is 
     released from the active duty.
       ``(2) The Secretary concerned may make advance payment of 
     income preservation pay in whole or in part under this 
     section to a member, under such terms and conditions as the 
     Secretary determines appropriate, if it is clear from the 
     circumstances that it is likely that the member's active-duty 
     service will satisfy the requirements of subsection (b). In 
     any case in which advance payment is made to a member whose 
     period of such active-duty service does not satisfy such 
     requirements, the Secretary concerned may waive recoupment of 
     the advance payment if the Secretary determines that 
     recoupment would be against equity and good conscience or 
     would be contrary to the best interests of the United States.
       ``(g) Definitions.--In this section:
       ``(1) The term `area affected by Hurricane Katrina or 
     Hurricane Rita' means an area that is under a designation by 
     the President of a major disaster (as that term is defined in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) in connection with 
     Hurricane Katrina or Hurricane Rita.
       ``(2) The term `earned income' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(3) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Recharacterization of Existing Section on Payment of 
     Certain Reserves on Active Duty.--The heading of section 
     12316 of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 12316. Reserves: payment of other entitlement instead 
       of pay and allowances''.

       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, is 
     amended by striking the item relating to section 12316 and 
     inserting the following new items:

``12316. Reserves: payment of other entitlement instead of pay and 
              allowances.
``12316a. Reserves: income preservation pay.''.

       (d) Effective Date.--Section 12316a of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.

     SEC. 673. EMPLOYMENT INCOME PRESERVATION ASSISTANCE GRANTS 
                   FOR EMPLOYERS OF RESERVES.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, as amended by section 672(a) of this Act, is further 
     amended by inserting after section 12316a the following new 
     section:

     ``Sec. 12316b. Reserves: employment income preservation 
       assistance grants for employers of reserves

       ``(a) Requirement To Make Grants.--The Secretary of the 
     military department concerned shall make a grant to each 
     qualifying employer to assist such employer in making 
     employment income preservation payments to a covered member 
     of a reserve component of the armed forces who is an employee 
     of such employer to assist the member in preserving the 
     preservice average monthly wage or salary of the member in 
     connection with the member's active-duty service as described 
     in subsection (c).
       ``(b) Qualifying Employer.--(1) Except as provided in 
     paragraph (2), for the purposes of this section, a qualifying 
     employer is any employer who makes employment income 
     preservation payments to a covered member to assist the 
     member in preserving the preservice average monthly wage or 
     salary of the member in connection with the member's active-
     duty service as described in subsection (c).

[[Page 22153]]

       ``(2) A State or local government is not a qualifying 
     employer for the purpose of this section.
       ``(c) Covered Member.--For the purposes of this section, a 
     member is a covered member if--
       ``(1) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(2)(A) pursuant to such call or order, the member serves 
     on active duty outside the United States during at least 6 
     out of 12 consecutive months; or
       ``(B) in the case of any member who has served on active 
     duty outside the United States at any time pursuant to such a 
     call or order and also serves on active duty pursuant to such 
     a call or order in an area affected by Hurricane Katrina or 
     Hurricane Rita, the member serves on active duty pursuant to 
     such calls or orders to active duty during at least 6 out of 
     12 consecutive months; and
       ``(3) with respect to such active-duty service, the amount 
     of the member's preservice average monthly wage or salary (as 
     determined under subsection (e)) exceeds the amount of the 
     member's military service average monthly income (as 
     determined under subsection (f)).
       ``(d) Employment Income Preservation Payments.--(1) For the 
     purposes of this section, employment income preservation 
     payments are any payments made by a qualifying employer to a 
     covered member in connection with the active-duty service of 
     the member described in subsection (c) in order to make up 
     any excess of the member's preservice average monthly wage or 
     salary over the member's military service average monthly 
     income.
       ``(2) The total amount of employment income preservation 
     payments with respect to a covered member for which a grant 
     may be made under subsection (a) may not exceed $10,000.
       ``(e) Preservice Average Monthly Wage or Salary.--For the 
     purposes of this section, the preservice average monthly wage 
     or salary of a covered member who serves on active duty as 
     described in subsection (c) shall be computed by dividing--
       ``(1) the number of months of employment of the member with 
     the qualifying employer during the 12-month period preceding 
     the member's commencement on active duty as described in 
     subsection (c); into
       ``(2) the total amount of the member's wage or salary paid 
     by the qualifying employer during such months.
       ``(f) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (c) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay, special and incentive pays, and 
     allowances) and the total amount of the member's basic pay 
     (under section 204 of title 37), any special and incentive 
     pays paid to the member (under chapter 5 of title 37), and 
     any allowances paid to the member (under chapter 7 of title 
     37) for the member's service months for such active-duty 
     service, by
       ``(2) the total number of such months.
       ``(g) Definitions.--In this section:
       ``(1) The term `area affected by Hurricane Katrina or 
     Hurricane Rita' means an area that is under a designation by 
     the President of a major disaster (as that term is defined in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) in connection with 
     Hurricane Katrina or Hurricane Rita.
       ``(2) The term `earned income' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(3) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, as 
     amended by section 672(c) of this Act, is further by 
     inserting after the item relating to section 12316a the 
     following new item:

``12316b. Reserves: income preservation assistance grants for employers 
              of reserves.''.

       (c) Effective Date.--Section 12316b of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.
       (d) Offset.--The Secretary of Defense shall transfer from 
     the Iraq Freedom Fund to accounts for the payment of income 
     preservation pay under section 12316a of title 10, United 
     States Code (as added by subsection (a)), and for the making 
     of income preservation assistance grants under section 12316b 
     of title 10, United States Code (as added by subsection (b)), 
     such amount of unobligated balances in the Iraq Freedom Fund 
     as of the date of the enactment of this Act as the Secretary 
     determines appropriate for the payment of such pay and the 
     making of such grants during fiscal year 2006.
                                 ______
                                 
  SA 1996. Ms. MIKULSKI 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:

       On page 220, after line 25, add the following:
       Sec. 8116. Of the amount appropriated by title III under 
     the heading ``Other Procurement, Navy'', up to $3,000,000 may 
     be made available for the Joint Aviation Technical Data 
     Intergration Program.
                                 ______
                                 
  SA 1997. Ms. MIKULSKI 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:

       On page 220, after line 25, add the following:
       Sec. 8116. Of the amount appropriated by title III under 
     the heading ``Other Procurement, Air Force'', up to 
     $3,000,000 may be made available for the Laser Marksmanship 
     Training System.
                                 ______
                                 
  SA 1998. Mr. BAYH 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 end, add the following:

           TITLE X--FINANCIAL PROTECTIONS FOR SERVICEMEMBERS

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Patriot Penalty 
     Elimination Act of 2005''.

     SEC. 1002. INCOME PRESERVATION PAY FOR RESERVES SERVING ON 
                   ACTIVE DUTY IN SUPPORT OF A CONTINGENCY 
                   OPERATION.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, is amended by inserting after section 12316 the 
     following new section:

     ``Sec. 12316a. Reserves: income preservation pay

       ``(a) Requirement To Pay.--The Secretary of the military 
     department concerned shall pay income preservation pay under 
     this section to an eligible member of a reserve component of 
     the armed forces in connection with the member's active-duty 
     service as described in subsection (b).
       ``(b) Eligible Member.--A member is eligible for income 
     preservation pay if--
       ``(1) in the case of a member who is an employee of the 
     Federal Government--
       ``(A) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(B)(i) pursuant to such call or order, the member serves 
     on active duty outside the United States during at least 6 
     out of 12 consecutive months; or
       ``(ii) in the case of any member who has served on active 
     duty outside the United States at any time pursuant to such a 
     call or order and also serves on active duty pursuant to such 
     a call or order in an area affected by Hurricane Katrina or 
     Hurricane Rita, the member serves on active duty pursuant to 
     such calls or orders to active duty during at least 6 out of 
     12 consecutive months; and
       ``(C) with respect to such active-duty service, the amount 
     of the member's preservice earned income determined under 
     subparagraph (A) of subsection (c)(1) exceeds the amount of 
     the member's military service income determined under 
     subparagraph (B) of such subsection; or
       ``(2) in the case of any other member, the member--
       ``(A) meets the requirements of paragraph (1); and
       ``(B) is not receiving employment income preservation 
     payments from the qualifying employer of the member as 
     described in section 12316b of this title.
       ``(c) Amount.--(1) Subject to paragraph (2), the amount 
     payable under this section to a member in connection with 
     active-duty service is the amount equal to the excess (if 
     any) of--
       ``(A) the amount computed by multiplying--
       ``(i) the preservice average monthly earned income of the 
     member, by
       ``(ii) the total number of the member's service months for 
     such active-duty service, over
       ``(B) the amount computed by multiplying--
       ``(i) the military service average monthly income of the 
     member, by
       ``(ii) the total number of months determined under 
     subparagraph (A)(ii).
       ``(2) The total amount of income preservation pay that is 
     paid to a member under this section may not exceed $10,000.

[[Page 22154]]

       ``(d) Preservice Average Monthly Earned Income.--For the 
     purposes of this section, the preservice average monthly 
     earned income of a member who serves on active duty as 
     described in subsection (b) shall be computed by dividing 12 
     into the total amount of the member's earned income for the 
     12 months immediately preceding the member's first service 
     month of the period for which income preservation pay is to 
     be paid to the member under this section.
       ``(e) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (b) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay, special and incentive pays, and 
     allowances) and the total amount of the member's basic pay 
     (under section 204 of title 37), any special and incentive 
     pays paid to the member (under chapter 5 of title 37), and 
     any allowances paid to the member (under chapter 7 of title 
     37) for the member's service months for such active-duty 
     service, by
       ``(2) the total number of such months.
       ``(f) Time and Manner of Payment.--(1) Subject to paragraph 
     (2), the total amount of income preservation pay that is 
     payable under this section to a member in connection with 
     service on active duty is due and payable, in one lump sum, 
     not later than 30 days after the date on which the member is 
     released from the active duty.
       ``(2) The Secretary concerned may make advance payment of 
     income preservation pay in whole or in part under this 
     section to a member, under such terms and conditions as the 
     Secretary determines appropriate, if it is clear from the 
     circumstances that it is likely that the member's active-duty 
     service will satisfy the requirements of subsection (b). In 
     any case in which advance payment is made to a member whose 
     period of such active-duty service does not satisfy such 
     requirements, the Secretary concerned may waive recoupment of 
     the advance payment if the Secretary determines that 
     recoupment would be against equity and good conscience or 
     would be contrary to the best interests of the United States.
       ``(g) Definitions.--In this section:
       ``(1) The term `area affected by Hurricane Katrina or 
     Hurricane Rita' means an area that is under a designation by 
     the President of a major disaster (as that term is defined in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) in connection with 
     Hurricane Katrina or Hurricane Rita.
       ``(2) The term `earned income' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(3) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Recharacterization of Existing Section on Payment of 
     Certain Reserves on Active Duty.--The heading of section 
     12316 of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 12316. Reserves: payment of other entitlement instead 
       of pay and allowances''.

       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, is 
     amended by striking the item relating to section 12316 and 
     inserting the following new items:

``12316. Reserves: payment of other entitlement instead of pay and 
              allowances.
``12316a. Reserves: income preservation pay.''.

       (d) Effective Date.--Section 12316a of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.

     SEC. 1003. EMPLOYMENT INCOME PRESERVATION ASSISTANCE GRANTS 
                   FOR EMPLOYERS OF RESERVES.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, as amended by section 1002(a) of this Act, is further 
     amended by inserting after section 12316a the following new 
     section:

     ``Sec. 12316b. Reserves: employment income preservation 
       assistance grants for employers of reserves

       ``(a) Requirement To Make Grants.--The Secretary of the 
     military department concerned shall make a grant to each 
     qualifying employer to assist such employer in making 
     employment income preservation payments to a covered member 
     of a reserve component of the armed forces who is an employee 
     of such employer to assist the member in preserving the 
     preservice average monthly wage or salary of the member in 
     connection with the member's active-duty service as described 
     in subsection (c).
       ``(b) Qualifying Employer.--(1) Except as provided in 
     paragraph (2), for the purposes of this section, a qualifying 
     employer is any employer who makes employment income 
     preservation payments to a covered member to assist the 
     member in preserving the preservice average monthly wage or 
     salary of the member in connection with the member's active-
     duty service as described in subsection (c).
       ``(2) A State or local government is not a qualifying 
     employer for the purpose of this section.
       ``(c) Covered Member.--For the purposes of this section, a 
     member is a covered member if--
       ``(1) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(2)(A) pursuant to such call or order, the member serves 
     on active duty outside the United States during at least 6 
     out of 12 consecutive months; or
       ``(B) in the case of any member who has served on active 
     duty outside the United States at any time pursuant to such a 
     call or order and also serves on active duty pursuant to such 
     a call or order in an area affected by Hurricane Katrina or 
     Hurricane Rita, the member serves on active duty pursuant to 
     such calls or orders to active duty during at least 6 out of 
     12 consecutive months; and
       ``(3) with respect to such active-duty service, the amount 
     of the member's preservice average monthly wage or salary (as 
     determined under subsection (e)) exceeds the amount of the 
     member's military service average monthly income (as 
     determined under subsection (f)).
       ``(d) Employment Income Preservation Payments.--(1) For the 
     purposes of this section, employment income preservation 
     payments are any payments made by a qualifying employer to a 
     covered member in connection with the active-duty service of 
     the member described in subsection (c) in order to make up 
     any excess of the member's preservice average monthly wage or 
     salary over the member's military service average monthly 
     income.
       ``(2) The total amount of employment income preservation 
     payments with respect to a covered member for which a grant 
     may be made under subsection (a) may not exceed $10,000.
       ``(e) Preservice Average Monthly Wage or Salary.--For the 
     purposes of this section, the preservice average monthly wage 
     or salary of a covered member who serves on active duty as 
     described in subsection (c) shall be computed by dividing--
       ``(1) the number of months of employment of the member with 
     the qualifying employer during the 12-month period preceding 
     the member's commencement on active duty as described in 
     subsection (c); into
       ``(2) the total amount of the member's wage or salary paid 
     by the qualifying employer during such months.
       ``(f) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (c) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay, special and incentive pays, and 
     allowances) and the total amount of the member's basic pay 
     (under section 204 of title 37), any special and incentive 
     pays paid to the member (under chapter 5 of title 37), and 
     any allowances paid to the member (under chapter 7 of title 
     37) for the member's service months for such active-duty 
     service, by
       ``(2) the total number of such months.
       ``(g) Definitions.--In this section:
       ``(1) The term `area affected by Hurricane Katrina or 
     Hurricane Rita' means an area that is under a designation by 
     the President of a major disaster (as that term is defined in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) in connection with 
     Hurricane Katrina or Hurricane Rita.
       ``(2) The term `earned income' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(3) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, as 
     amended by section 1002(c) of this Act, is further by 
     inserting after the item relating to section 12316a the 
     following new item:

``12316b. Reserves: income preservation assistance grants for employers 
              of reserves.''.

       (c) Effective Date.--Section 12316b of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.
       (d) Offset.--The Secretary of Defense shall transfer from 
     the Iraq Freedom Fund to accounts for the payment of income 
     preservation pay under section 12316a of title 10, United 
     States Code (as added by subsection

[[Page 22155]]

     (a)), and for the making of income preservation assistance 
     grants under section 12316b of title 10, United States Code 
     (as added by subsection (b)), such amount of unobligated 
     balances in the Iraq Freedom Fund as of the date of the 
     enactment of this Act as the Secretary determines appropriate 
     for the payment of such pay and the making of such grants 
     during fiscal year 2006.
                                 ______
                                 
  SA 1999. Mr. BIDEN 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) Provision of Funds for Security and 
     Stabilization of Iraq and Afghanistan and for Other Defense-
     Related Activities Through Repeal of the Scheduled Phaseout 
     of the Limitations on Personal Exemptions and Itemized 
     Deductions.--The Internal Revenue Code of 1986 is amended--
       (1) by striking subparagraphs (E) and (F) of section 
     151(d)(3), and
       (2) by striking subsections (f) and (g) of section 68.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.
                                 ______
                                 
  SA 2000. Mr. LEVIN 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. Section 8013 of the Department of Defense 
     Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1440) 
     is amended by striking ``the report to the President from the 
     Defense Base Closure and Realignment Commission, July 1991'' 
     and inserting ``the reports to the President from the Defense 
     Base Closure and Realignment Commission, July 1991 and July 
     1993''.
                                 ______
                                 
  SA 2001. Mr. HATCH (for himself, Mr. Inhofe, Mr. Bennett, and Mr. 
Chambliss) 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:

       In an appropriate place insert the following:

     SEC. __. 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) 1 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.
                                 ______
                                 
  SA 2002. Mr. GRASSLEY (for himself, Mr. Harkin, Mr. Durbin, and Mr. 
Obama) 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. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $1,000,000 may be used for Combat Vehicle and 
     Automotive Technology (PE#0602601A) for the Multipurpose 
     Utility Vehicle.
                                 ______
                                 
  SA 2003. Mr. GRAHAM (for himself, Mrs. Clinton, and Mr. DeWine) 
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) 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.
       (g) Funding.--Of the amount appropriated by title VI under 
     the heading ``Defense Health Program'', up to $180,000,000 
     may be used to carry out the amendments made by this section.
                                 ______
                                 
  SA 2004. Mr. GRAHAM (for himself and Mr. McCain) 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) Authority To Utilize Combatant Status Review 
     Tribunals and Administrative Review Board To Determine Status 
     of Detainees at Guantanamo Bay, Cuba.--The President is 
     authorized to utilize the Combatant Status Review Tribunals 
     and a noticed Administrative Review Board, and the procedures 
     thereof as specified in subsection (b), currently in 
     operation at Guantanamo Bay, Cuba, in order to determine the 
     status of the detainees held at Guantanamo Bay, including 
     whether any such detainee is a lawful enemy combatant or an 
     unlawful enemy combatant.
       (b) Procedures.--
       (1) In general.--Except as provided in paragraph (2), the 
     procedures specified in this subsection are the procedures 
     that were in effect in the Department of Defense for the 
     conduct of the Combatant Status Review Tribunal and the 
     Administrative Review Board on July 1, 2005.
       (2) Exception.--The exceptions provided in this paragraph 
     for the procedures specified in paragraph (1) are as follows:
       (A) To the extent practicable, the Combatant Status Review 
     Tribunal shall determine,

[[Page 22156]]

     by a preponderance of the evidence, whether statements 
     derived from persons held in foreign custody were obtained 
     without undue coercion.
       (B) The Designated Civilian Official shall be an officer of 
     the United States Government whose appointment to office was 
     made by the President, by and with the advise and consent of 
     the Senate.
       (3) Modification of procedures.--The President may modify 
     the procedures and requirements set forth under paragraphs 
     (1) and (2). Any modification of such procedures or 
     requirements may not go into effect until 30 days after the 
     date on which the President notifies the congressional 
     defense committees of the modification.
       (c) Definitions.--In this section:
       (1) The term ``lawful enemy combatant'' means person 
     engaging in war or other armed conflict against the United 
     States or its allies on behalf of a state party to the Geneva 
     Convention Relative to the Treatment of Prisoners of War, 
     dated August 12, 1949, who meets the criteria of a prisoner 
     of war under Article 4 of that Convention.
       (2) The term ``unlawful enemy combatant'', with respect to 
     noncitizens of the United States, means a person (other than 
     a person described in paragraph (1)) engaging in war, other 
     armed conflict, or hostile acts against the United States or 
     its allies, regardless of location.
                                 ______
                                 
  SA 2005. Mr. COBURN 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. __. None of the funds appropriated by this Act may be 
     obligated or expended for the further development, 
     deployment, or operation of any web-based, end-to-end travel 
     management system, or services under any contract for such 
     travel services that provides for payment by the Department 
     of Defense to the service provider above, or in addition to, 
     a fixed price transaction fee for eTravel services under the 
     General Services Administration eTravel contract.
                                 ______
                                 
  SA 2006. Mr. COBURN 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. __. Notwithstanding any other provision of this Act, 
     none of the funds appropriated by this Act may be made 
     available to the Centers for Disease Control and Prevention 
     for activities relating to the avian flu epidemic.
                                 ______
                                 
  SA 2007. Mr. REID 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. __. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS.

       (a) Amendments.--
       (1) In general.--Section 8332(b) of title 5, United States 
     Code, is amended--
       (A) by striking ``and'' at the end of paragraph (16);
       (B) by striking the period at the end of paragraph (17) and 
     inserting ``; and'';
       (C) by adding after paragraph (17) the following:
       ``(18) any period of service performed before 1977, while a 
     citizen of the United States, in the employ of Air America, 
     Incorporated, Air Asia Company Limited (a subsidiary of Air 
     America, Incorporated), or the Pacific Division of Southern 
     Air Transport, Incorporated, at a time when that corporation 
     (or subsidiary) was owned or controlled by the Government of 
     the United States and operated or managed by the Central 
     Intelligence Agency.''; and
       (D) by adding at the end the following: ``For purposes of 
     this subchapter, service of the type described in paragraph 
     (18) of this subsection shall be considered to have been 
     service as an employee, and the Office of Personnel 
     Management shall accept the certification of the Director of 
     the Central Intelligence Agency or his designee concerning 
     any such service.''.
       (2) Exemption from deposit requirement.--Section 8334(g) of 
     title 5, United States Code, is amended--
       (A) by striking ``or'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; or''; and
       (C) by adding after paragraph (6) the following:
       ``(7) any service for which credit is allowed under section 
     8332(b)(18) of this title.''.
       (b) Applicability.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     with respect to annuities commencing on or after the 
     effective date of this section.
       (2) Provisions relating to current annuitants.--Any 
     individual who is entitled to an annuity for the month in 
     which this section becomes effective may, upon application 
     submitted to the Office of Personnel Management within 2 
     years after the effective date of this section, have the 
     amount of such annuity recomputed as if the amendments made 
     by this section had been in effect throughout all periods of 
     service on the basis of which such annuity is or may be 
     based. Any such recomputation shall be effective as of the 
     commencement date of the annuity, and any additional amounts 
     becoming payable for periods before the first month for which 
     the recomputation is reflected in the individual's regular 
     monthly annuity payments shall be payable to such individual 
     in the form of a lump-sum payment.
       (3) Provisions relating to individuals eligible for (but 
     not currently receiving) an annuity.--
       (A) In general.--Any individual (not described in paragraph 
     (2)) who becomes eligible for an annuity or for an increased 
     annuity as a result of the enactment of this section may 
     elect to have such individual's rights under subchapter III 
     of chapter 83 of title 5, United States Code, determined as 
     if the amendments made by this section had been in effect, 
     throughout all periods of service on the basis of which such 
     annuity is or would be based, by submitting an appropriate 
     application to the Office of Personnel Management within 2 
     years after--
       (i) the effective date of this section; or
       (ii) if later, the date on which such individual separates 
     from service.
       (B) Commencement date, etc.--
       (i) In general.--Any entitlement to an annuity or to an 
     increased annuity resulting from an application under 
     subparagraph (A) shall be effective as of the commencement 
     date of such annuity (subject to clause (ii), if applicable), 
     and any amounts becoming payable for periods before the first 
     month for which regular monthly annuity payments begin to be 
     made in accordance with the amendments made by this section 
     shall be payable to such individual in the form of a lump-sum 
     payment.
       (ii) Retroactivity.--Any determination of the amount, or of 
     the commencement date, of any annuity, all the requirements 
     for entitlement to which (including separation, but 
     disregarding any application requirement) would have been 
     satisfied before the effective date of this section if this 
     section had then been in effect (but would not then otherwise 
     have been satisfied absent this section) shall be made as if 
     application for such annuity had been submitted as of the 
     earliest date that would have been allowable, after such 
     individual's separation from service, if such amendments had 
     been in effect throughout the periods of service referred to 
     in the first sentence of subparagraph (A).
       (4) Right to file on behalf of a decedent.--The regulations 
     under subsection (d)(1) shall include provisions, consistent 
     with the order of precedence set forth in section 8342(c) of 
     title 5, United States Code, under which a survivor of an 
     individual who performed service described in section 
     8332(b)(18) of such title (as amended by subsection (a) of 
     this section) shall be allowed to submit an application on 
     behalf of and to receive any lump-sum payment that would 
     otherwise have been payable to the decedent under paragraph 
     (2) or (3) of this subsection. Such an application shall not 
     be valid unless it is filed within 2 years after the 
     effective date of this section or 1 year after the date of 
     the decedent's death, whichever is later.
       (c) Funding.--
       (1) Lump-sum payments.--Any lump-sum payments under 
     subsection (b) shall be payable out of the Civil Service 
     Retirement and Disability Fund.
       (2) Unfunded liability.--Any increase in the unfunded 
     liability of the Civil Service Retirement System attributable 
     to the enactment of this section shall be financed in 
     accordance with section 8348(f) of title 5, United States 
     Code.
       (d) Regulations and Special Rule.--
       (1) In general.--Except as provided in paragraph (2), the 
     Director of the Office of Personnel Management, in 
     consultation with the Director of the Central Intelligence 
     Agency, shall prescribe any regulations necessary to carry 
     out this section. Such regulations shall include provisions 
     under which rules similar to those established pursuant to 
     section 201 of the Federal Employees' Retirement System Act 
     of 1986 (Public Law 99-335; 100 Stat. 514) shall be applied 
     with respect to any service described in section 8332(b)(18) 
     of title 5, United States Code (as amended by subsection (a) 
     of this section) that was subject to title II of the Social 
     Security Act.
       (2) Other regulations.--The Director of the Central 
     Intelligence Agency, in consultation with the Director of the 
     Office of Personnel Management, shall prescribe any 
     regulations which may become necessary, with

[[Page 22157]]

     respect to any retirement system administered by the Director 
     of the Central Intelligence Agency, as a result of the 
     enactment of this section.
       (3) Special rule.--For purposes of any application for any 
     benefit which is computed or recomputed taking into account 
     any service described in section 8332(b)(18) of title 5, 
     United States Code (as amended by subsection (a) of this 
     section), section 8345(i)(2) of such title shall be applied 
     by deeming the reference to the date of the ``other event 
     which gives rise to title to the benefit'' to refer to the 
     effective date of this section, if later than the date of the 
     event that would otherwise apply.
       (e) Definitions.--For purposes of this section--
       (1) the terms ``unfunded liability'', ``survivor'', and 
     ``survivor annuitant'' have the meanings given under section 
     8331 of title 5, United States Code; and
       (2) the term ``annuity'', as used in paragraphs (2) and (3) 
     of subsection (b), includes a survivor annuity.
       (f) Effective Date.--This section shall take effect on the 
     first day of the first fiscal year beginning after the date 
     of the enactment of this section.
                                 ______
                                 
  SA 2008. Ms. CANTWELL 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:

       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, Air 
     Force'', up to $2,500,000 may be available for advanced 
     technology for IRCM component improvement.
                                 ______
                                 
  SA 2009. Ms. CANTWELL 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:

       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'', 
     up to $3,000,000 may be available for the Field Rapid Assay 
     Biological System.
                                 ______
                                 
  SA 2010. Mr. REED 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. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, Navy, 
     up to $2,000,000 may be used for Program Element #0603235N 
     for the Shipboard Automated Reconstruction Capability.
                                 ______
                                 
  SA 2011. Mr. REED 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. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $3,000,000 may be used for the Joint Service 
     Small Arms Program.
                                 ______
                                 
  SA 2012. Mrs. BOXER 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. __. DEPARTMENT OF DEFENSE TASK FORCE ON MENTAL HEALTH.

       (a) Requirement To Establish.--The Secretary of Defense 
     shall establish within the Department of Defense a task force 
     to examine matters relating to mental health and the Armed 
     Forces.
       (b) Composition.--
       (1) Members.--The task force shall consist of not more than 
     14 members appointed by the Secretary of Defense from among 
     individuals described in paragraph (2) who have demonstrated 
     expertise in the area of mental health.
       (2) Range of members.--The individuals appointed to the 
     task force shall include--
       (A) at least one member of each of the Army, Navy, Air 
     Force, and Marine Corps; and
       (B) a number of persons from outside the Department of 
     Defense equal to the total number of personnel from within 
     the Department of Defense (whether members of the Armed 
     Forces or civilian personnel) who are appointed to the task 
     force.
       (3) Individuals appointed within department of defense.--At 
     least one of the individuals appointed to the task force from 
     within the Department of Defense shall be the surgeon general 
     of an Armed Force or a designee of such surgeon general.
       (4) Individuals appointed outside department of defense.--
     (A) Individuals appointed to the task force from outside the 
     Department of Defense may include officers or employees of 
     other departments or agencies of the Federal Government, 
     officers or employees of State and governments, or 
     individuals from the private sector.
       (B) The individuals appointed to the task force from 
     outside the Department of Defense shall include--
       (i) an officer or employee of the Department of Veterans 
     Affairs appointed by the Secretary of Defense in consultation 
     with the Secretary of Veterans Affairs;
       (ii) an officer or employee of the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services appointed by the Secretary of 
     Defense in consultation with the Secretary of Health and 
     Human Services; and
       (iii) at least two individuals who are representatives of--
       (I) a mental health policy and advocacy organization; and
       (II) a national veterans service organization.
       (5) Deadline for appointment.--All appointments of 
     individuals to the task force shall be made not later than 
     120 days after the date of the enactment of this Act.
       (6) Co-chairs of task force.--There shall be two co-chairs 
     of the task force. One of the co-chairs shall be designated 
     by the Secretary of the Defense at the time of appointment 
     from among the Department of Defense personnel appointed to 
     the task force. The other co-chair shall be selected from 
     among the members appointed from outside the Department of 
     Defense by members so appointed.
       (c) Long-Term Plan on Mental Health Services.--
       (1) In general.--Not later than 12 months after the date on 
     which all members of the task force have been appointed, the 
     task force shall submit to the Secretary a long-term plan 
     (referred to as a strategic plan) on means by which the 
     Department of Defense shall improve the efficacy of mental 
     health services provided to members of Armed Forces by the 
     Department of Defense.
       (2) Utilization of other efforts.--In preparing the report, 
     the task force shall take into consideration completed and 
     ongoing efforts by the Department of Defense to improve the 
     efficacy of mental health care provided to members of the 
     Armed Forces by the Department.
       (3) Elements.--The long-term plan shall include an 
     assessment of and recommendations (including recommendations 
     for legislative or administrative action) for measures to 
     improve the following:
       (A) The awareness of the prevalence of mental health 
     conditions among members of the Armed Forces.
       (B) The efficacy of existing programs to prevent, identify, 
     and treat mental health conditions among members of the Armed 
     Forces, including programs for and with respect to forward-
     deployed troops.
       (C) The reduction or elimination of barriers to care, 
     including the stigma associated with seeking help for mental 
     health related conditions, and the enhancement of 
     confidentiality for members of the Armed Forces seeking care 
     for such conditions.
       (D) The adequacy of outreach, education, and support 
     programs on mental health matters for families of members of 
     the Armed Forces.
       (E) The efficacy of programs and mechanisms for ensuring a 
     seamless transition from care of members of the Armed Forces 
     on active duty for mental health conditions through the 
     Department of Defense to care for such conditions through the 
     Department of Veterans Affairs after such members are 
     discharged or released from military, naval, or air service.
       (F) The availability of long-term follow-up and access to 
     care for mental health conditions for members of the 
     Individual Ready Reserve, and the Selective Reserve and for 
     discharged, separated, or retired members of the Armed 
     Forces.
       (G) Collaboration among organizations in the Department of 
     Defense with responsibility for or jurisdiction over the 
     provision of mental health services.
       (H) Coordination between the Department of Defense and 
     civilian communities, including local support organizations, 
     with respect to mental health services.
       (I) The scope and efficacy of curricula and training on 
     mental health matters for commanders in the Armed Forces.
       (J) Such other matters as the task force considers 
     appropriate.
       (d) Administrative Matters.--

[[Page 22158]]

       (1) Compensation.--Each member of the task force who is a 
     member of the Armed Forces or a civilian officer or employee 
     of the United States shall serve without compensation (other 
     than compensation to which entitled as a member of the Armed 
     Forces or an officer or employee of the United States, as the 
     case may be). Other members of the task force shall be 
     treated for purposes of section 3161 of title 5, United 
     States Code, as having been appointed under subsection (b) of 
     such section.
       (2) Oversight.--The Under Secretary of Defense for 
     Personnel and Readiness shall oversee the activities of the 
     task force.
       (3) Administrative support.--The Washington Headquarters 
     Services of the Department of Defense shall provide the task 
     force with personnel, facilities, and other administrative 
     support as necessary for the performance of the duties of the 
     task force.
       (4) Access to facilities.--The Under Secretary of Defense 
     for Personnel and Readiness shall, in coordination with the 
     Secretaries of the military departments, ensure appropriate 
     access by the task force to military installations and 
     facilities for purposes of the discharge of the duties of the 
     task force.
       (e) Report.--
       (1) In general.--The task force shall submit to the 
     Secretary of Defense a report on its activities under this 
     section. The report shall include--
       (A) a description of the activities of the task force;
       (B) the plan required by subsection (c); and
       (C) such other mattes relating to the activities of the 
     task force that the task force considers appropriate.
       (2) Transmittal to congress.--Not later than 90 days after 
     receipt of the report under paragraph (1), the Secretary 
     shall transmit the report to the Committees on Armed Services 
     and Veterans' Affairs of the Senate and the House of 
     Representatives. The Secretary may include in the transmittal 
     such comments on the report as the Secretary considers 
     appropriate.
       (f) Termination.--The task force shall terminate 90 days 
     after the date on which the report of the task force is 
     submitted to Congress under subsection (e)(2).
                                 ______
                                 
  SA 2013. Mr. HAGEL 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. __. EXCLUSION OF SPECIAL PAY AND ALLOWANCES FROM INCOME 
                   FOR SUPPLEMENT SECURITY INCOME BENEFITS.

       (a) In General.--Paragraph (20) of section 1612(b) of the 
     Social Security Act (42 U.S.C. 1382a(b)(20)) is amended to 
     read as follows:
       ``(20) special pay receive pursuant to chapter 5 of title 
     37, United States Code, and allowances received pursuant to 
     chapter 7 of title 37, United States Code;''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to eligibility determinations made and benefit 
     amounts payable after the date of the enactment of this Act.
                                 ______
                                 
  SA 2014. Mr. THOMAS 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 160, strike line 16 and all that follows through 
     page 161, line 5, and insert the following:
       (B) $10,000,000.
                                 ______
                                 
  SA 2015. 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:

       At the appropriate place, insert the following:
       Sec. __. (a) Promotion of Family Formation and Healthy 
     Marriage.--Section 402(a)(1)(A) of the Social Security Act 
     (42 U.S.C. 602(a)(1)(A)) is amended by adding at the end the 
     following:
       ``(vii) Encourage equitable treatment of healthy 2-parent 
     married families under the program referred to in clause 
     (i).''.
       (b) Healthy Marriage Promotion Grants; Repeal of Bonus for 
     Reduction of Illegitimacy Ratio.--Section 403(a)(2) of such 
     Act (42 U.S.C. 603(a)(2)) is amended to read as follows:
       ``(2) Healthy marriage promotion grants.--
       ``(A) Authority.--
       ``(i) In general.--The Secretary shall award competitive 
     grants to States and Indian tribes and tribal organizations 
     for not more than 50 percent of the cost of developing and 
     implementing innovative programs to promote and support 
     healthy 2-parent married families.
       ``(ii) Use of other tanf funds.--A State or Indian tribe or 
     tribal organization with an approved tribal family assistance 
     plan may use funds provided under other grants made under 
     this part for all or part of the expenditures incurred for 
     the remainder of the costs described in clause (i). In the 
     case of a State, any such funds expended shall not be 
     considered qualified State expenditures for purposes of 
     section 409(a)(7).
       ``(B) Healthy marriage promotion activities.--Funds 
     provided under subparagraph (A) and corresponding State 
     matching funds shall be used to support any of the following 
     programs or activities:
       ``(i) Public advertising campaigns on the value of marriage 
     and the skills needed to increase marital stability and 
     health.
       ``(ii) Education in high schools on the importance of 
     healthy marriages and the characteristics of other healthy 
     relationships experienced throughout life, including 
     education on the importance of grounding all relationships in 
     mutual respect and how earlier healthy relationships are the 
     building blocks for later healthy marital relationships.
       ``(iii) Marriage education, marriage skills, and 
     relationship skills programs, that may include parenting 
     skills, financial management, conflict resolution, and job 
     and career advancement, for non-married pregnant women, non-
     married expectant fathers, and non-married recent parents.
       ``(iv) Pre-marital education and marriage skills training 
     for engaged couples and for couples or individuals interested 
     in marriage.
       ``(v) Marriage enhancement and marriage skills training 
     programs for married couples.
       ``(vi) Divorce reduction programs that teach relationship 
     skills.
       ``(vii) Marriage mentoring programs which use married 
     couples as role models and mentors.
       ``(viii) Programs to reduce the disincentives to marriage 
     in means-tested aid programs, if offered in conjunction with 
     any activity described in this subparagraph.
       ``(C) Voluntary participation.--
       ``(i) In general.--Participation in programs or activities 
     described in any of clauses (iii) through (vii) of 
     subparagraph (B) shall be voluntary.
       ``(ii) Assurance of informed consent and option to 
     disenroll.--Each State or Indian tribe or tribal organization 
     that carries out programs or activities described in any of 
     clauses (iii) through (vii) of subparagraph (B) shall provide 
     the Secretary with an assurance that each recipient of 
     assistance under the State program funded under this part who 
     elects to participate in such programs or activities shall be 
     informed, prior to making such election--

       ``(I) that such participation is voluntary;
       ``(II) that the recipient may elect at any time to 
     disenroll from such programs or activities by notifying the 
     State or Indian tribe or tribal organization that the 
     recipient no longer wants to participate in such programs or 
     activities;
       ``(III) of the process, if any, by which a recipient who 
     chooses to withdraw from, or fails to participate in, such 
     programs or activities may be required to follow to become 
     engaged in other programs or activities that are not programs 
     or activities described in clauses (iii) through (vii) of 
     subparagraph (B); and
       ``(IV) that the State may reassign a recipient at any time, 
     in accordance with the requirements of section 408(b), to 
     other activities that are not programs or activities 
     described in clauses (iii) through (vii) of subparagraph (B).

       ``(iii) No sanction for refusal or failure to 
     participate.--

       ``(I) In general.--No State or Indian tribe or tribal 
     organization shall deny or reduce assistance to a recipient 
     of assistance under the State program funded under this part 
     solely on the basis of the recipient's withdrawal from, or 
     failure to, participate in programs or activities described 
     in clauses (iii) through (vii) of subparagraph (B).
       ``(II) Rule of construction.--Nothing in this subparagraph 
     shall be construed as precluding a State or Indian tribe or 
     tribal organization from requiring a recipient of assistance 
     under the State program funded under this part to engage in 
     programs or activities that are not programs or activities 
     described in clauses (iii) through (vii) of subparagraph (B) 
     or to sanction a recipient for failure to engage in such 
     programs or activities or to follow any such procedures the 
     State may establish to enroll a recipient in such other 
     programs or activities.

       ``(D) General rules governing use of funds.--The rules of 
     section 404, other than subsection (b) of that section, shall 
     not apply to a grant made under this paragraph.
       ``(E) Requirements for receipt of funds.--A State or Indian 
     tribe or tribal organization may not be awarded a grant under 
     this paragraph unless the State or Indian tribe or tribal 
     organization, as a condition of receiving funds under such a 
     grant--
       ``(i) consults with domestic violence organizations that 
     have demonstrated expertise working with survivors of 
     domestic violence

[[Page 22159]]

     in developing policies, procedures, programs and training 
     necessary to appropriately address domestic violence in 
     families served by programs and activities funded under such 
     grant;
       ``(ii) describes in the application for a grant under this 
     paragraph--

       ``(I) how the programs or activities proposed to be 
     conducted will appropriately address issues of domestic 
     violence; and
       ``(II) what the State or Indian tribe or tribal 
     organization, will do, to the extent relevant, to ensure that 
     participation in such programs or activities is voluntary, 
     and to inform potential participants that their involvement 
     is voluntary;

       ``(iii) establishes a written protocol for providers and 
     administrators of programs and activities relevant to the 
     grant that--

       ``(I) provides for helping identify instances or risks of 
     domestic violence; and
       ``(II) specifies the procedures for making service 
     referrals and providing protections and appropriate 
     assistance for identified individuals and families;

       ``(iv) establishes performance goals for funded programs 
     and activities that clarify the primary objective of such 
     funded programs and activities is to increase the incidence 
     and quality of healthy marriages and not solely to expand the 
     number or percentage of married couples; and
       ``(v) submits the annual reports required under 
     subparagraph (F).
       ``(F) Annual reports to the secretary.--Each State and 
     Indian tribe or tribal organization awarded a grant under 
     this paragraph shall submit to the Secretary an annual report 
     on the programs and activities funded under the grant that 
     includes the following:
       ``(i) A description of the written protocols developed in 
     accordance with the requirements of subparagraph (E)(iii) for 
     each program or activity funded under the grant and how such 
     protocols are used, including specific policies and 
     procedures for addressing domestic violence issues within 
     each program or activity funded under the grant and how 
     confidentiality issues are addressed.
       ``(ii) The name of each individual, organization, or entity 
     that was consulted in the development of such protocols.
       ``(iii) A description of each individual, organization, or 
     entity (if any) that provided training on domestic violence 
     for the State, Indian tribe or tribal organization, or for 
     any subgrantees.
       ``(iv) A description of any implementation issues 
     identified with respect to domestic violence and how such 
     issues were addressed.
       ``(G) Biannual reports to congress.--Not later than 24 
     months after the date of enactment of the Personal 
     Responsibility and Individual Development for Everyone Act, 
     and every 6 months thereafter, the Secretary shall submit to 
     Congress a report regarding the programs and activities 
     funded with grants awarded under this paragraph. Each report 
     submitted in accordance with this subparagraph shall include 
     the following:
       ``(i) The name of each program or activity funded with such 
     grants and the name of each grantee and subgrantee.
       ``(ii) The total number of individuals served under 
     programs or activities funded under the grant.
       ``(iii) The total number of individuals who--

       ``(I) completed a program or activity funded under the 
     grant, including the number of such individuals who received 
     assistance under the State program funded under this part or 
     with qualified State expenditures (as defined in section 
     409(a)(7)(B)(i)) while participating in such program or 
     activity; and
       ``(II) did not complete such a program or activity, 
     including due to ceasing to receive assistance under the 
     State program funded under this part or with qualified State 
     expenditures (as defined in section 409(a)(7)(B)(i)) or for 
     other reasons.

       ``(iv) A description of the types of services offered under 
     such programs or activities.
       ``(v) The criteria for selection of programs or activities 
     to be funded under such grant with respect to the award of 
     grants by the Secretary and the awarding of funds to 
     subgrantees.
       ``(vi) A description of the activities carried out by the 
     Secretary to support grantees and subgrantees in responding 
     to domestic violence issues.
       ``(vii) A summary of the written domestic violence 
     protocols used by grantees and subgrantees.
       ``(viii) A summary of who the grantees and subgrantees 
     consulted with in developing such protocols.
       ``(ix) A summary of the training provided to grantees and 
     subgrantees on domestic violence.
       ``(x) A list of the organizations, entities, and activities 
     funded under sections 103(c) and 114(e) of the Personal 
     Responsibility and Individual Development for Everyone Act.
       ``(H) Domestic violence defined.--In this paragraph, the 
     term `domestic violence' has the meaning given that term in 
     section 402(a)(7)(B).
       ``(I) Appropriation.--
       ``(i) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for each of fiscal years 2005 through 2010, 
     $100,000,000 for grants under this paragraph.
       ``(ii) Extended availability of funds.--

       ``(I) In general.--Funds appropriated under clause (i) for 
     each of fiscal years 2006 through 2010 shall remain available 
     to the Secretary until expended.
       ``(II) Authority for grant recipients.--A State or Indian 
     tribe or tribal organization may use funds made available 
     under a grant awarded under this paragraph without fiscal 
     year limitation pursuant to the terms of the grant.''.

       (c) Best Practices for Addressing Domestic Violence.--
     Section 413 of such Act (42 U.S.C. 613) is amended by adding 
     at the end the following:
       ``(k) Best Practices for Addressing Domestic Violence.--
       ``(1) In general.--The Secretary shall, by grant, contract, 
     or interagency agreement, develop and implement programs that 
     are designed to address domestic violence as a barrier to 
     healthy relationships, marriage, and economic security. 
     Programs developed and implemented under this subsection 
     shall include--
       ``(A) training for caseworkers administering the State 
     program funded under this part;
       ``(B) technical assistance;
       ``(C) the provision of voluntary services for victims of 
     such violence; and
       ``(D) activities related to the prevention of domestic 
     violence.
       ``(2) Domestic violence defined.--In this subsection, the 
     term `domestic violence' has the meaning given that term in 
     section 402(a)(7)(B).
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $10,000,000 
     for each of fiscal years 2006 through 2010. Amounts 
     appropriated to carry out this subsection shall be in 
     addition to and not in lieu of amounts otherwise appropriated 
     to carry out programs to address domestic violence.''.
       (d) Counting of Spending on Non-Eligible Families To 
     Prevent and Reduce Incidence of Out-of-Wedlock Births, 
     Encourage Formation and Maintenance of Healthy 2-Parent 
     Married Families, or Encourage Responsible Fatherhood.--
     Section 409(a)(7)(B)(i) of such Act (42 U.S.C. 
     609(a)(7)(B)(i)) is amended by adding at the end the 
     following:

       ``(V) Counting of spending on non-eligible families to 
     prevent and reduce incidence of out-of-wedlock births, 
     encourage formation and maintenance of healthy 2-parent 
     married families, or encourage responsible fatherhood.--
     Subject to subclauses (II) and (III), the term `qualified 
     State expenditures' includes the total expenditures by the 
     State during the fiscal year under all State programs for a 
     purpose described in paragraph (3) or (4) of section 
     401(a).''.

       (e) Purposes.--Section 401(a)(4) of such Act (42 U.S.C. 
     601(a)(4)) is amended by striking ``two-parent families'' and 
     inserting ``healthy 2-parent married families, and encourage 
     responsible fatherhood''.
                                 ______
                                 
  SA 2016. Mr. SHELBY 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) Prohibition on Transfer of Authority On 
     Tactical Unmanned Aerial Vehicles.--None of the funds 
     appropriated by this Act may be used to transfer research and 
     development, acquisition, or other program authority relating 
     to current tactical unmanned aerial vehicles (TUAVs) from the 
     Army.
       (b) Extended Range Multi-Purpose Unmanned Aerial 
     Vehicles.--The Army shall retain responsibility for and 
     operational control of the Extended Range Multi-Purpose 
     (ERMP) Unmanned Aerial Vehicle (UAV) in order to support the 
     Secretary of Defense in matters relating to the employment of 
     unmanned aerial vehicles.
                                 ______
                                 
  SA 2017. Mr. BENNETT 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 __ between lines __ and __, insert the following:
       Sec. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $1,000,000 may be used for Chemical Biological 
     Defense Material Test and Evaluation Initiative.
                                 ______
                                 
  SA 2018. Mr. BENNETT 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 __, between lines __ and __, insert the following:

[[Page 22160]]

       Sec. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Navy'', up to $3,000,000 may be used for development of solid 
     oxide fuel cells for unmanned undersea vehicles.
                                 ______
                                 
  SA 2019. Mr. BENNETT 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 __ between lines __ and __, insert the following:
       Sec. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $2,000,000 may be used for the development of a 
     Lightweight Tactical All Terrain Vehicle (LTATV).
                                 ______
                                 
  SA 2020. Mr. BENNETT 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 __, between lines __ and __, insert the following:
       Sec. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Army'', 
     up to $2,500,000 may be used for the Transportable Pathogen 
     Reduction & Blood Safety System.
                                 ______
                                 
  SA 2021. Mr. SARBANES 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:

     SECTION 8116. HURRICANE KATRINA EMERGENCY ASSISTANCE 
                   VOUCHERS.

       (a) Short Title.--This section may be cited as the 
     ``Helping to House the Victims of Hurricane Katrina Act of 
     2005''.
       (b) Hurricane Katrina Emergency Assistance Vouchers.--
     Section 8(o) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)) is amended by adding at the end the 
     following:
       ``(20) Hurricane katrina emergency assistance vouchers.--
       ``(A) In general.--During the 6-month period beginning on 
     the date of enactment of the Helping to House the Victims of 
     Hurricane Katrina Act of 2005, the Secretary shall provide 
     temporary rental assistance to any individual or family, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster or emergency under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) in connection with Hurricane 
     Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Regulations.--Not later than 30 days after the date 
     of enactment of the Helping to House the Victims of Hurricane 
     Katrina Act of 2005, the Secretary shall issue final rules to 
     establish the procedures applicable to the issuance of 
     assistance under subparagraph (A).
       ``(C) Notice.--The Secretary, in consultation with the 
     Director of the Federal Emergency Management Agency and such 
     other agencies as the Secretary determines appropriate, shall 
     establish procedures for providing notice of the availability 
     of assistance under this paragraph to individuals or families 
     that may be eligible for such assistance.
       ``(D) Authority to contract with pha's and others.--The 
     Secretary may contract with any State or local government 
     agency or public housing agency, or in consultation with any 
     State or local government agency, with any other entity, to 
     ensure that assistance payments under this paragraph are 
     provided in an efficient and expeditious manner.
       ``(E) Waiver of eligibility requirements.--In providing 
     assistance under this paragraph, the Secretary shall waive 
     the requirements under--
       ``(i) paragraph (2), relating to tenant contributions 
     towards rent, except that any such waiver shall expire on an 
     individual's return to work;
       ``(ii) paragraph (4), relating to the eligibility of 
     individuals to receive assistance;
       ``(iii) subsection (k) and paragraph (5) of this 
     subsection, relating to verification of income;
       ``(iv) paragraph (7)(A), relating to the requirement that 
     leases shall be for a term of 1 year;
       ``(v) paragraph (8), relating to initial inspection of 
     housing units by a public housing agency; and
       ``(vi) subsection (r)(1)(B), relating to restrictions on 
     portability.
       ``(F) Use of funds.--Notwithstanding any other provision of 
     law, funds available for assistance under this paragraph--
       ``(i) shall be made available by the Secretary to 
     individuals to cover the cost of --

       ``(I) rent;
       ``(II) security and utility deposits;
       ``(III) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(IV) such additional expenses as the Secretary determines 
     necessary; and

       ``(ii) shall be used by the Secretary--

       ``(I) for payments to public housing agencies, State or 
     local government agencies, or other voucher administrators 
     for vouchers used to assist individuals or families affected 
     by the major disaster or emergency described in this 
     paragraph up to their authorized level of vouchers, if any 
     such vouchers are not otherwise funded; and
       ``(II) to provide operating subsidies to public housing 
     agencies for public housing units provided to individuals or 
     families affected by the major disaster or emergency 
     described in this paragraph, if such a subsidy was not 
     previously provided for those units.

       ``(G) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(H) Nondiscrimination.--In selecting individuals or 
     families for tenancy, a landlord or owner may not exclude or 
     penalize an individual or family solely because any portion 
     of the rental payment of that individual or family is 
     provided under this paragraph.
       ``(I) Termination of assistance.--Assistance provided under 
     this paragraph shall--
       ``(i) terminate 6 months after the date on which such 
     assistance was received; and
       ``(ii) extend for an additional 6 months unless at that 
     time the Secretary makes a determination that assistance 
     under this paragraph is no longer needed.
       ``(21) Assistance for current voucher recipients affected 
     by hurricane katrina.--
       ``(A) In general.--The Secretary shall waive any of the 
     requirements described in clauses (i) through (vi) of 
     paragraph (20)(E) for any individual or family receiving 
     assistance under this section on August 29, 2005, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster or emergency under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) in connection with Hurricane 
     Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Additional uses of funds.--Notwithstanding any other 
     provision of law, the Secretary shall provide, as the 
     Secretary determines appropriate, supplemental assistance to 
     an individual or family receiving assistance under this 
     section on August 29, 2005, and meeting the requirements 
     described in subparagraph (A), to assist the individual or 
     family with the additional costs of relocating to new 
     housing, including to cover--
       ``(i) the additional cost of rent and utilities;
       ``(ii) security and utility deposits;
       ``(iii) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(iv) such additional expenses as the Secretary determines 
     necessary.
       ``(C) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(D) Nondiscrimination.--A landlord or owner may not 
     exclude or penalize an individual or family solely because 
     that individual or family is eligible for any waivers or 
     benefits provided under this paragraph.
       ``(E) Termination of authority.--The authority of the 
     Secretary to provide assistance under this paragraph shall--
       ``(i) apply during the 6-month period beginning on the date 
     of enactment of the Helping to House the Victims of Hurricane 
     Katrina Act of 2005; and
       ``(ii) extend for an additional 6 months after that period, 
     unless if at that time the Secretary makes a determination 
     that assistance under this paragraph is no longer needed.
       ``(22) Authority of the secretary to directly administer 
     vouchers when pha's are unable to do so.--If the Secretary 
     determines that a public housing agency is unable to 
     implement the provisions of this subsection due to the 
     effects of Hurricane Katrina, the Secretary may--
       ``(A) directly administer any voucher program described in 
     paragraphs (1) through (20); and
       ``(B) perform the functions assigned to a public housing 
     agency by this subsection.''.
       (c) Report on Inventory of Availability of Temporary 
     Housing.--Not later than 10

[[Page 22161]]

     days after the date of enactment of this Act, the Secretary 
     of Defense, the Administrator of the General Services 
     Administration, the Secretary of Agriculture, and such other 
     agency heads as the Secretary determines appropriate, shall 
     compile and report to the Secretary an inventory of Federal 
     civilian and defense facilities that can be used--
       (1) to provide emergency housing; or
       (2) as locations for the construction or deployment of 
     temporary housing units.
       (d) Appropriation of Funding.--
       (1) In general.--There are authorized to be appropriated 
     and are appropriated $3,500,000,000 to provide assistance 
     under this Act.
       (2) Emergency designation.--The amount appropriated under 
     paragraph (1) is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).
                                 ______
                                 
  SA 2022. Mr. REID 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) Hardship Duty Pay for Certain Duty in Areas 
     Affected by Hurricane Katrina or Hurricane Rita.--Duty of 
     members of the Armed Forces and other individuals described 
     in subsection (b) in an area affected by Hurricane Katrina or 
     Hurricane Rita, during the period beginning on August 27, 
     2005, and ending on the date of the termination of a 
     declaration by the President of a major disaster with respect 
     to such area, shall be deemed to be hardship duty for which 
     hardship duty pay under section 305 of title 37, United 
     States Code, is payable.
       (b) Covered Members and Individuals.--The members of the 
     Armed Forces and individuals described in this subsection are 
     as follows:
       (1) Members of the Armed Forces on active duty, including 
     members of the reserve components of the Armed Forces on 
     active duty.
       (2) Members of the National Guard on full-time State active 
     duty service that is treated as service in title 32, United 
     States Code, status pursuant to the September 7, 2005, 
     memorandum of the Acting Deputy Secretary of Defense 
     regarding Hurricane Katrina Relief Efforts.
       (c) Area Affected by Hurricane Katrina or Hurricane Rita 
     Defined.--In this section, the term ``area affected by 
     Hurricane Katrina or Hurricane Rita'' means an area that is 
     under a designation by the President of a major disaster (as 
     that term is defined in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122)) in connection with Hurricane Katrina or Hurricane 
     Rita.
       (d) Funding.--Amounts appropriated by title I for Military 
     Personnel shall be available for the payment of hardship duty 
     pay under this section for fiscal years 2005 and 2006.
                                 ______
                                 
  SA 2023. Mr. REID 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. __. COMPTROLLER GENERAL REPORT ON AUTHORITIES APPLICABLE 
                   TO THE DEPARTMENT OF DEFENSE RESPONSE TO 
                   INCIDENTS OF NATIONAL SIGNIFICANCE.

       (a) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the officials and committees of 
     Congress referred to in paragraph (2) a report setting forth 
     the authorities governing or otherwise applicable to the 
     Department of Defense response to incidents of national 
     significance.
       (2) Officials and committees.--The officials and committees 
     of Congress referred to in this paragraph are--
       (A) the Speaker of the House of Representatives;
       (B) the President pro tempore of the Senate;
       (C) the Committees on Armed Services of the Senate and the 
     House of Representatives; and
       (D) the Secretary of Defense.
       (b) Report Elements.--The report required by subsection (a) 
     shall include the following:
       (1) A description of the authorities in Federal law 
     governing or otherwise applicable to the Department of 
     Defense response to incidents of national significance, 
     including any authorities in the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       (2) A description of the authorities, responsibilities, and 
     missions afforded the Department of Defense in responding to 
     incidents of national significance under current 
     Administration directives and guidelines, including Homeland 
     Security Presidential Directive 8, the National Response 
     Plan, Department of Defense Directive 3025.1, and Department 
     of Defense Joint Publications 3-07 and 3-26.
       (3) A description of the authorities, responsibilities, and 
     missions afforded the Department of Defense under Federal law 
     (including the provisions of title 32, United States Code) 
     and current Administration directives and guidelines for 
     coordinating the mobilization and deployment of National 
     Guard units in responding to incidents of national 
     significance, including the mobilization and deployment of 
     National Guard units in State status.
       (4) A description and assessment of Department of Defense 
     operations in response to previous domestic major national 
     disasters, including the following:
       (A) The earthquake in San Francisco, California, in 1994.
       (B) The flood in the Midwest in 1993.
       (C) Hurricane Andrew in 1992.
       (D) Hurricane Betsy in 1965.
       (E) The flood of the Mississippi River in 1927.
       (F) The Great San Francisco Earthquake in 1906.
       (5) The assessment of the Comptroller General as to whether 
     or not the authorities governing or otherwise applicable to 
     the Department of Defense response to incidents of national 
     significance, and the current Administration directives and 
     guidelines on the authority, responsibilities, and mission 
     afforded the Department in responding to such incidents, are 
     adequate to permit the Department to respond effectively to 
     incidents of national significance.
       (6) The assessment of the Comptroller General as to whether 
     or not the Department of Defense fully exercised its 
     authorities, and fully discharged its responsibilities and 
     missions, during the Department response to Hurricane 
     Katrina.
       (c) Prohibition on Modification of Authority, 
     Responsibilities, or Missions.--No authority, responsibility, 
     or mission of or applicable to the Department of Defense 
     response to incidents of national significance may be 
     modified during period beginning on the date of the enactment 
     of this Act and ending on the date of the submittal to the 
     officials and committees of Congress referred to in paragraph 
     (2) of subsection (a) of the report required by paragraph (1) 
     of that subsection.
       (d) Incident of National Significance Defined.--In this 
     section, the term ``incident of national significance''--
       (1) means an incident of national significance as defined 
     in the White House National Response Plan, issued December 
     2004, and Homeland Security Presidential Directive 8; and
       (2) includes disasters declared in accordance with section 
     401 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) and emergencies declared in 
     accordance with section 501 of that Act (42 U.S.C. 5191).
                                 ______
                                 
  SA 2024. Mr. SARBANES 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'', 
     up to $3,500,000 may be available for Maryland Emergency 
     Medical Services for using shock trauma as a resuscitation 
     research testbed.
                                 ______
                                 
  SA 2025. Mrs. LINCOLN 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:

              TITLE __. TEMPORARY MEDICAID DISASTER RELIEF

     SEC. __01. SHORT TITLE OF TITLE; PURPOSE.

       (a) Short Title of Title.--This title may be cited as the 
     ``Temporary Medicaid Disaster Relief Act of 2005''.
       (b) Purpose.--The purpose of this title is to ensure all 
     those affected by Hurricane Katrina have access to health 
     coverage and medical care through the medicaid program and to 
     authorize temporary changes in such program to guarantee and 
     expedite that coverage and access to care.

     SEC. __02. DISASTER RELIEF PERIOD.

       (a) In General.--For purposes of this title, the term 
     ``disaster relief period'' means the period beginning on 
     August 29, 2005, and, subject to subsection (b), ending on 
     February 28, 2006.
       (b) Presidential Authority To Extend Disaster Relief 
     Period.--
       (1) In general.--The President shall extend the application 
     of section __03 and

[[Page 22162]]

     paragraphs (1) and (2) of section __04(a) until September 30, 
     2006, unless the President determines that all Katrina 
     Survivors would have sufficient access to health care without 
     such an extension. In the case of such an extension, the 
     reference to ``February 28, 2006'' in subsection (a) shall be 
     considered to be a reference to ``September 30, 2006''.
       (2) Notice to congress.--The President shall notify the 
     Majority and Minority Leaders of the Senate, the Speaker of 
     the House of Representatives, the Minority Leader of the 
     House of Representatives, and the Chairs and Ranking Members 
     of the Committee on Finance of the Senate and the Committees 
     on Energy and Commerce and Ways and Means of the House of 
     Representatives at least 30 days prior to--
       (A) extending the application of such sections; or
       (B) if the President determines not to extend the 
     application of such sections, February 28, 2006.

     SEC. __03. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.

       (a) Definitions.--In this title:
       (1) Katrina survivor.--
       (A) In general.--The term ``Katrina Survivor'' means an 
     individual who is described in subparagraph (B) or (C).
       (B) Residents of disaster localities.--
       (i) In general.--An individual who, on any day during the 
     week preceding the declaration of a public health emergency 
     on August 29, 2005, had a residence in--

       (I) a parish in the State of Louisiana that is among the 
     parishes that the Federal Emergency Management Agency of the 
     Emergency Preparedness and Response Directorate of the 
     Department of Homeland Security declared on September 4, 
     2005, to be Federal Disaster Parishes; or
       (II) a county in the State of Alabama or Mississippi that 
     is among the counties such Agency declared Federal Disaster 
     Counties on September 4, 2005.

       (ii) Authority to rely on website posted designations.--The 
     Secretary of Health and Human Services shall post on the 
     Internet website for the Centers for Medicare & Medicaid 
     Services a list of parishes and counties identified as 
     Federal Disaster Parishes or Counties. Any State which 
     provides medical assistance to Katrina Survivors on the basis 
     of such posting and in accordance with this title shall be 
     held harmless if it is subsequently determined that the 
     provision of such assistance was in error.
       (C) Individuals who lost employment.--An individual who, on 
     any day during the week preceding the declaration of a public 
     health emergency on August 29, 2005, had a residence in a 
     direct impact State and lost their employment since Hurricane 
     Katrina.
       (D) Construction.--A Katrina Survivor shall be treated as 
     being ``from'' the State of residence described in 
     subparagraph (B)(i) or (C), as the case may be.
       (E) Treatment of current medicaid beneficiaries.--Nothing 
     in this title shall be construed as preventing an individual 
     who is otherwise entitled to medical assistance under title 
     XIX of the Social Security Act from being treated as a 
     Katrina Survivor under this title.
       (F) Treatment of homeless persons.--For purposes of this 
     title, in the case of an individual who was homeless on any 
     day during the week described in subparagraph (B)(i), the 
     individual's ``residence'' shall be deemed to be the place of 
     residence as otherwise determined for such an individual 
     under title XIX of the Social Security Act.
       (2) Direct impact state.--The term ``direct impact State'' 
     means the State of Louisiana, Alabama, and Mississippi.
       (b) Rules for Providing Temporary Medical Assistance to 
     Katrina Survivors.--During the disaster relief period, any 
     State may provide medical assistance to Katrina Survivors 
     under a State medicaid plan established under title XIX of 
     the Social Security Act in accordance with the following:
       (1) Uniform eligibility rules.--
       (A) No income, resources, residency, or categorical 
     eligibility requirements.--Such assistance shall be provided 
     without application of any income or resources test, State 
     residency, or categorical eligibility requirements.
       (B) Streamlined eligibility procedures.--The State shall 
     use the following streamlined procedures in processing 
     applications and determining eligibility for medical 
     assistance for Katrina Survivors:
       (i) A common 1-page application form developed by the 
     Secretary of Health and Human Services in consultation with 
     the National Association of State Medicaid Directors. Such 
     form shall include notice regarding the penalties for making 
     a fraudulent application under paragraph (4) and shall 
     require the applicant to assign to the State any rights of 
     the applicant (or any other person who is a Katrina Survivor 
     and on whose behalf the applicant has the legal authority to 
     execute an assignment of such rights) under any group health 
     plan or other third-party coverage for health care.
       (ii) Self-attestation by the applicant that the applicant 
     is a Katrina Survivor.
       (iii) No requirement for documentation evidencing the basis 
     on which the applicant qualifies to be a Katrina Survivor.
       (iv) Issuance of a Medicaid eligibility card to an 
     applicant who completes such application, including the self-
     attestation required under clause (ii). Such card shall be 
     valid during the disaster relief period.
       (v) If an applicant completes the application and presents 
     it to a provider or facility participating in the State 
     medicaid plan that is qualified to make presumptive 
     eligibility determinations under such plan (which at a 
     minimum shall consist of facilities identified in section 
     1902(a)(55) of the Social Security Act (42 U.S.C. 
     1396a(a)(55)) and it appears to the provider that the 
     applicant is a Katrina Survivor based on the information in 
     the application, the applicant will be deemed to be a Katrina 
     Survivor eligible for medical assistance in accordance with 
     this section, subject to paragraph (3).
       (vi) Continuous eligibility, without the need for any 
     redetermination of eligibility, for the duration of the 
     disaster relief period.
       (C) Determination of eligibility for coverage after the 
     termination of the disaster relief period.--In the case of a 
     Katrina Survivor who is receiving medical assistance from a 
     State, prior to the termination of the disaster relief 
     period, the State providing such assistance shall determine 
     whether the Katrina Survivor is eligible for continued 
     medical assistance under the State's eligibility rules 
     otherwise applicable under the State medicaid plan. If a 
     State determines that the individual is so eligible, the 
     State shall provide the individual with written notice of the 
     determination and provide the individual with continued 
     coverage for such medical assistance for so long as the 
     individual remains eligible under such otherwise applicable 
     eligibility rules. If a State determines that the individual 
     is not so eligible, the State shall provide the individual 
     with written notice of the determination, including the 
     reasons for such determination.
       (2) Scope of coverage same as categorically needy.--The 
     State shall treat Katrina Survivors as individuals eligible 
     for medical assistance under the State plan under title XIX 
     of the Social Security Act on the basis of section 
     1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 
     1396a(a)(10)(A)(i)), with coverage for such assistance 
     retroactive to August 29, 2005.
       (3) Verification of status as a katrina survivor.--
       (A) In general.--The State shall make a good faith effort 
     to verify the status of a Katrina Survivor enrolled in the 
     State Medicaid plan under the provisions of this section 
     after the determination of the eligibility of the Survivor 
     for medical assistance under such plan.
       (B) Evidence of verification.--A State may satisfy the 
     verification requirement under subparagraph (A) with respect 
     to a Katrina Survivor by showing that the State providing 
     medical assistance obtained information from the Social 
     Security Administration, the Internal Revenue Service, or the 
     State Medicaid Agency for the direct impact State.
       (C) Disallowance of payments for failure to make good faith 
     effort.--If, with respect to the status of a Katrina Survivor 
     enrolled in a State Medicaid plan, the State fails to make 
     the good faith effort required under subparagraph (A), and 
     the Secretary determines that the individual so enrolled is 
     not a Katrina Survivor, the Secretary shall disallow all 
     Federal payments made to the State that are directly 
     attributable to medical assistance provided or administrative 
     costs incurred with respect to the individual during the 
     disaster relief period.
       (4) Penalty for fraudulent applications.--
       (A) Individual liable for costs.--If a State, as the result 
     of verification activities conducted under paragraph (3), 
     determines after a fair hearing that an individual has 
     knowingly made a false self-attestation described in 
     paragraph (1)(B)(ii), the State may, subject to subparagraph 
     (B), seek recovery from the individual for the full amount of 
     the cost of medical assistance provided to the individual 
     under this section.
       (B) Exception.--The Secretary shall exempt a State from 
     seeking recovery under subparagraph (A) if the Secretary 
     determines that it would not be cost-effective for the State 
     to do so.
       (C) Reimbursement to the federal government.--Any amounts 
     recovered by a State in accordance with this paragraph shall 
     be returned to the Federal government, except that a State's 
     administrative costs attributable to obtaining such recovery 
     shall be reimbursed by the Federal government in accordance 
     with section __04(a)(2).
       (5) Exemption from error rate penalties.--All payments 
     attributable to providing medical assistance to Katrina 
     Survivors in accordance with this section shall be 
     disregarded for purposes of section 1903(u) of the Social 
     Security Act.

     SEC. __04. TEMPORARY DISASTER RELIEF FOR STATES UNDER 
                   MEDICAID.

       (a) Increase in Federal Matching Rate.--
       (1) 100 percent fmap for medical assistance.--
     Notwithstanding section 1905(b) of the Social Security Act 
     (42 U.S.C. 1396d(b)), the Federal medical assistance 
     percentage for providing medical assistance under a State 
     medicaid plan under title XIX of such Act to Katrina 
     Survivors or, in the case of a direct impact State, to any 
     individual who is provided medical assistance under the State 
     medicaid plan during the disaster relief period, shall be 100 
     percent.

[[Page 22163]]

       (2) 100 percent federal match for certain administrative 
     costs.--Notwithstanding paragraph (7) of section 1903(a) of 
     such Act (42 U.S.C. 1396b(a)), or any other paragraph of such 
     section, the Federal matching rate for costs directly 
     attributable to all administrative activities that relate to 
     the enrollment of Katrina Survivors under section __03 in a 
     State medicaid plan, verification of the status of such 
     Survivors, processing of claims for payment for medical 
     assistance provided to such Survivors under such section, and 
     recovery costs under section __03(b)(4)(C), shall be 100 
     percent. The Secretary shall issue guidance not later 30 days 
     after the date of enactment of this Act on the implementation 
     of this paragraph.
       (b) Limitation on Reduction of FMAP for Fiscal Year 2006 
     for any State.--If the Federal medical assistance percentage 
     (as defined in section 1905(b) of the Social Security Act) 
     determined for a State for fiscal year 2006 is less than the 
     Federal medical assistance percentage determined for the 
     State for fiscal year 2005, the Federal medical assistance 
     percentage for the State for fiscal year 2005 shall apply to 
     the State for fiscal year 2006 only for purposes of title XIX 
     of the Social Security Act.
       (c) Temporary Suspension of Medicare ``Clawback'' and 
     Postponement of Cut-Off of Medicaid Prescription Drug Funding 
     in Affected States.--
       (1) Suspension in application of ``clawback''.--Section 
     1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) 
     shall not apply, subject to paragraph (3), before January 
     2007 to a direct impact State or to a State that experiences 
     a significant influx of Katrina Survivors.
       (2) Continuation of medicaid drug coverage for dual 
     eligibles.--Section 1935(d)(1) of such Act shall also not 
     apply, subject to paragraph (3), before January 2007 to a 
     part D eligible individual who is a Katrina Survivor.
       (3) Termination of application of subsection.--Paragraphs 
     (1) and (2) shall no longer apply to a State or a Katrina 
     Survivor, respectively, if the Secretary determines, after 
     consultation with the State, that enrollment of all part D 
     eligible individuals in the State under part D of title XVIII 
     of the Social Security Act who are described in section 
     1935(c)(6)(A)(ii) of such Act can be achieved without a 
     discontinuation in prescription drug coverage for any such 
     individual.
       (4) Definition.--For purposes of this subsection, the term 
     ``State that experiences a significant influx of Katrina 
     Survivors'' means those States, including Arkansas, Florida, 
     Oklahoma, and Texas, that the Secretary of Health and Human 
     Services identifies as having a significant in-migration of 
     Katrina Survivors.

     SEC. __05. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA 
                   SURVIVORS UNDER MEDICARE PROGRAM..

       (a) Exclusion of Disaster Relief Period in Computing Part B 
     Late Enrollment Penalty.--In applying the first sentence of 
     section 1839(b) of the Social Security Act (42 U.S.C. 
     1395r(b)) in the case of a Katrina Survivor, there shall not 
     be taken into account any month any part of which is within 
     the disaster relief period or within the 2-month period 
     following the end of such disaster relief period.
       (b) Part D.--
       (1) Extension of initial enrollment period.--In the case of 
     a Katrina Survivor, the initial enrollment period under 
     section 1860D-1(b)(2) of the Social Security Act (42 U.S.C. 
     1395w-101(b)(2)) shall in no case end before May 15, 2007.
       (2) Flexibility in documentation for low-income 
     subsidies.--For purposes of carrying out section 1860D-14 of 
     the Social Security Act (42 U.S.C. 1395w-114), with respect 
     to Katrina Survivors, the Secretary of Health and Human 
     Services shall establish documentation rules for Katrina 
     Survivors which take into account the loss and unavailability 
     of documents due to Hurricane Katrina.
                                 ______
                                 
  SA 2026. Mr. KERRY 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, add the following:
       Sec. 8116. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Army'', 
     $1,000,000 may be made available for combating terrorism, 
     technology development, for the development of scanning from 
     a distance with backscatter imaging.
                                 ______
                                 
  SA 2027. Mr. KERRY (for himself and Mr. Kennedy) 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, add the following:
       Sec. 8116. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Navy'', 
     $1,000,000 may be made available for Marine Corps assault 
     vehicles for development of carbon fabric-based friction 
     materials to optimize the cross-drive transmission brake 
     system of the Expeditionary Fighting Vehicle.
                                 ______
                                 
  SA 2028. Mr. GRAHAM 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. __. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $2,000,000 may be used for Moldable Armor.
                                 ______
                                 
  SA 2029. Mr. ALEXANDER 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) 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) a description of the types of Department of Defense 
     facilities that use ground source heat pumps;
       (2) 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;
       (3) 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
       (4) recommendations for facilitating and encouraging the 
     increased use of ground source heat pumps at Department of 
     Defense facilities.
                                 ______
                                 
  SA 2030. Mr. TALENT (for himself and Mr. Chambliss) 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. Beginning with the fiscal year 2006 program 
     year, the Secretary of the Air Force shall exercise the 
     option on the existing multiyear procurement contract for C-
     17 aircraft in order to enter into a multiyear contract for 
     the procurement of 42 additional C-17 aircraft.
                                 ______
                                 
  SA 2031. Mr. REID 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. __. The report on stability and security in Iraq to be 
     submitted under the Joint Explanatory Statement of the 
     Committee on Conference to accompany the conference report on 
     the bill H.R. 1268 of the 109th Congress shall include, in 
     addition to the matters otherwise provided in that Joint 
     Explanatory Statement the following:
       (1) A statement of the number and types of Iraq security 
     forces that, assuming progress is made in political and other 
     areas, must be capable of operating without, or with minimal 
     support from, the Armed Forces of the United States and 
     coalition forces before the United States can commence a 
     reduction of the number of members of the Armed Forces in 
     Iraq.
       (2) A projected schedule for the achievement of numbers and 
     types of Iraq security forces meeting the goal specified in 
     paragraph (1).
                                 ______
                                 
  SA 2032. Mr. KERRY (for himself and Mr. Ensign) submitted an 
amendment intended to be proposed to amendment SA 1955 proposed by Mr. 
Warner (for himself and Mr. Levin) to the bill H.R. 2863, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for

[[Page 22164]]

other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON EDUCATIONAL BENEFITS FOR VETERANS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall submit a report 
     containing the information described in subsection (b) to--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Armed Services of the House of 
     Representatives;
       (3) the Committee on Veterans' Affairs of the Senate; and
       (4) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an analysis by the Department of Defense of the effect 
     on recruitment of educational benefits under the Montgomery 
     GI Bill, including--
       (A) the percentage of personnel who sign up for such 
     educational benefits; and
       (B) the importance of such educational benefits in the 
     decision of an individual to enlist;
       (2) an analysis by the Department of Veterans Affairs of 
     the effect on readjustment to civilian life of educational 
     benefits under the Montgomery GI Bill, including--
       (A) the percentage who use partial benefits;
       (B) the percentage who use full benefits; and
       (C) the reasons that veterans choose not to use benefits;
       (3) proposals for improving educational benefits in order 
     to improve recruiting, retention, and readjustment to 
     civilian life;
       (4) cost estimates for the proposals under paragraph (3);
       (5) projected costs of educational benefits under chapters 
     1606 and 1607 of title 10, United States Code, and section 
     3015 of title 38, United States Code, during each of the 5-
     year and 10-year periods beginning with fiscal year 2006; and
       (6) projected costs under chapters 1606 and 1607 of title 
     10, United States Code, and section 3015 of title 38, United 
     States Code, during each of the 5-year and 10-year periods 
     beginning with fiscal year 2006, if the baseline 3-year 
     active duty rate is increased to cover the average price of--
       (A) a public 4-year secondary education (commuter tuition 
     and fees, room and board, books and supplies, transportation 
     and other expenses);
       (B) a public 4-year secondary education (non-commuter 
     tuition and fees, room and board, books and supplies, 
     transportation and other expenses);
       (C) a public 4-year secondary education (commuter tuition 
     and fees, room and board); and
       (D) a public 4-year secondary education (non-commuter 
     tuition and fees, room and board).
       (c) Calculation.--In calculating costs under paragraphs (5) 
     and (6) of subsection (b)--
       (1) future costs shall be adjusted for inflation using the 
     ``college tuition and fees'' component of the Consumer Price 
     Index; and
       (2) the ratio between the cost of benefits under chapters 
     1606 and 1607 of title 10, United States Code, and the cost 
     of benefits under section 3015 of title 38, United States 
     Code, shall be the same as the ratio between such costs as of 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2033. Mr. KERRY (for himself, Mr. Kennedy, Mr. Reed, Mr. Dorgan, 
Mr. Jeffords, Ms. Mikulski, Mr. Lautenberg, Mr. Corzine, Mr. Kohl, Mr. 
Bayh, Mr. Durbin, Ms. Cantwell, Mrs. Clinton, Mr. Baucus, Mr. Reid, and 
Mr. Schumer) 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 end of title VII, insert the following:

                Administration for Children and Families


                   Low Income Home Energy Assistance

       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.), 
     $3,100,000,000, for the unanticipated home energy assistance 
     needs of 1 or more States, as authorized by section 2604(e) 
     of the Act (42 U.S.C. 8623(e)), which amount shall be made 
     available for obligation in fiscal year 2006 and which amount 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       Sec. __. Congress finds the following:
       (1) An imminent emergency is confronting millions of low-
     income individuals in the United States who are unable to 
     afford the cost of rising energy prices.
       (2) Prior to the devastation caused by Hurricanes Katrina 
     and Rita in the Gulf Coast region of the United States, 
     individuals in the United States were facing record prices 
     for oil, natural gas, and propane. Hurricane Katrina damaged 
     platforms and ports and curtailed production at refineries in 
     the Gulf of Mexico, the source of almost \1/3\ of United 
     States oil output, further raising energy prices.
       (3) The Short Term Energy Outlook report of the Energy 
     Information Administration of the Department of Energy states 
     that the ranges for expected heating fuel expenditure 
     increases for the winter heating season of 2005-2006 are--
       (A) 69 percent to 77 percent for natural gas in the 
     Midwest;
       (B) 17 percent to 18 percent for electricity in the South;
       (C) 29 percent to 33 percent for heating oil in the 
     Northeast; and
       (D) 39 percent to 43 percent for propane in the Midwest.
       (4) According to the National Energy Assistance Directors 
     Association, heating costs for the average family using 
     heating oil are projected to hit $1,666 for the 2005-2006 
     winter heating season. Those costs would represent an 
     increase of $403 over those costs for the 2004-2005 winter 
     heating season, and an increase of $714 over those costs for 
     the 2003-2004 winter heating season. For families using 
     natural gas, prices are projected to hit $1,568 for the 2005-
     2006 winter heating season, representing an increase of $611 
     over those costs for the 2004-2005 winter heating season, and 
     an increase of $643 over those costs for the 2003-2004 winter 
     heating season. States need additional funding immediately to 
     help low-income families and seniors to ensure that they can 
     afford to heat their homes.
       (5) The Mortgage Bankers Association expects that steep 
     energy costs could increase the number of missed mortgage 
     payments and lost homes beginning later this year.
                                 ______
                                 
  SA 2034. 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. Notwithstanding any other provision of law, not 
     later than 60 days after the date of enactment of this Act, 
     MidAmerica St. Louis Airport in Mascoutah, Illinois, shall be 
     designated as a port of entry.
                                 ______
                                 
  SA 2035. 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:

       At the appropriate place, insert the following:
       Sec. __. Notwithstanding any other provision this Act, none 
     of the funds appropriated or otherwise made available under 
     this Act may be used to fund a store located on a military 
     installation, commissary store, exchange store, or other 
     store under chapter 147 of title 10, United States Code, that 
     sells any stimulant-containing dietary supplement for which 
     it has been made known to the Department administering these 
     funds that the manufacturer does not have a policy of 
     submitting all reports of serious adverse events associated 
     with such supplement to the Special Nutritional Adverse Event 
     Monitoring System of the Center for Food Safety and Applied 
     Nutrition of the Food and Drug Administration.
                                 ______
                                 
  SA 2036. Mr. SCHUMER 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. __. Amounts appropriated by titles III and IX under 
     the heading ``Procurement of Weapons and Tracked Vehicles 
     Combat Vehicles, Army'' and available for the Arsenal Support 
     Program Initiative shall be allocated under that Initiative 
     on the basis of applications submitted by facilities that 
     have previously received funds under the Initiative.
                                 ______
                                 
  SA 2037. Mr. SCHUMER 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. __. Of the amounts appropriated by titles III and IX 
     under the heading ``Procurement of Weapons and Tracked 
     Vehicles Combat Vehicles, Army'' and available for the 
     Arsenal Support Program Initiative--
       (1) an amount equal to one half of such amounts shall be 
     allocated to Watervliet Arsenal, New York; and

[[Page 22165]]

       (2) an amount equal to one half of such amounts shall be 
     allocated to Rock Island Arsenal, Illinois.
                                 ______
                                 
  SA 2038. Mr. SCHUMER 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) Increase in Amounts for Procurement of Weapons 
     and Tracked Combat Vehicles, Army.--The amounts appropriated 
     by titles III and IX under the heading ``Procurement of 
     Weapons and Tracked Combat Vehicles, Army'' are hereby 
     increased by $6,000,000.
       (b) Availability of Amounts.--Of the amounts appropriated 
     by titles III and IX under the heading ``Procurement of 
     Weapons and Tracked Combat Vehicles, Army'', as increased by 
     subsection (a), up to $6,000,000 may be used for the Arsenal 
     Support Program Initiative and allocated so that $6,000,000 
     shall be available to Watervliet Arsenal, New York.
                                 ______
                                 
  SA 2039. Mr. McCONNELL 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 115, line, 21, after the word ``Freedom'', insert 
     the following: ``, along with other recognition items in 
     conjunction with any week-long national observation and day 
     of national celebration, if established by Presidential 
     proclamation, for any such members returning from such 
     operations''
                                 ______
                                 
  SA 2040. Mrs. CLINTON (for herself, Mr. Salazar, Mr. Corzine, Mrs. 
Feinstein, Mr. Durbin, Mr. Launtenberg, Mr. Leahy, Mr. Carper, Mr. 
Jeffords, Mr. Reed, Mr. Harkin, Ms. Stabenow, Mr. Obama, and Mr. 
Feingold) 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:

                      TITLE __ KATRINA COMMISSION

     SEC. __01. ESTABLISHMENT OF COMMISSION.

       There is established in the legislative branch the Katrina 
     Commission (in this title referred to as the ``Commission'').

     SEC. __02. COMPOSITION OF COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 1 member shall be appointed by the President, who shall 
     serve as chairman of the Commission;
       (2) 1 member shall be appointed by the leader of the Senate 
     (majority or minority leader, as the case may be) of the 
     Democratic Party, in consultation with the leader of the 
     House of Representatives (majority or minority leader, as the 
     case may be) of the Democratic Party, who shall serve as vice 
     chairman of the Commission;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (4) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party;
       (5) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party; and
       (6) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (b) Qualifications; Initial Meeting.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens who represent a diverse range of 
     citizens and enjoy national recognition and significant depth 
     of experience in such professions as governmental service, 
     emergency preparedness, mitigation planning, cataclysmic 
     planning and response, intergovernmental management, resource 
     planning, recovery operations and planning, Federal 
     coordination, military coordination, and other extensive 
     natural disaster and emergency response experience.
       (4) Deadline for appointment.--All members of the 
     Commission shall be appointed on or before October 1, 2005.
       (5) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (c) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. __03. DUTIES.

       The duties of the Commission are to--
       (1) examine and report upon the Federal, State, and local 
     response to the devastation wrought by Hurricane Katrina in 
     the Gulf Region of the United States of America especially in 
     the States of Louisiana, Mississippi, Alabama, and other 
     areas impacted in the aftermath;
       (2) ascertain, evaluate, and report on the information 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances related to Hurricane Katrina prior to 
     striking the United States and in the days and weeks 
     following;
       (3) build upon concurrent and prior investigations of other 
     entities, and avoid unnecessary duplication concerning 
     information related to existing vulnerabilities;
       (4) make a full and complete accounting of the 
     circumstances surrounding the approach of Hurricane Katrina 
     to the Gulf States, and the extent of the United States 
     government's preparedness for, and response to, the 
     hurricane;
       (5) planning necessary for future cataclysmic events 
     requiring a significant marshaling of Federal resources, 
     mitigation, response, and recovery to avoid significant loss 
     of life;
       (6) an analysis as to whether any decisions differed with 
     respect to response and recovery for different communities, 
     neighborhoods, parishes, and locations and what problems 
     occurred as a result of a lack of a common plan, 
     communication structure, and centralized command structure; 
     and
       (7) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations for immediate 
     corrective measures that can be taken to prevent problems 
     with Federal response that occurred in the preparation for, 
     and in the aftermath of, Hurricane Katrina so that future 
     cataclysmic events are responded to adequately.

     SEC. __04. FUNCTIONS OF COMMISSION.

       (a) In General.--The functions of the Commission are to--
       (1) conduct an investigation that--
       (A) investigates relevant facts and circumstances relating 
     to the catastrophic impacts that Hurricane Katrina exacted 
     upon the Gulf Region of the United States especially in New 
     Orleans and surrounding parishes, and impacted areas of 
     Mississippi and Alabama; and
       (B) shall include relevant facts and circumstances relating 
     to--
       (i) Federal emergency response planning and execution at 
     the Federal Emergency Management Agency, the Department of 
     Homeland Security, the White House, and all other Federal 
     entities with responsibility for assisting during, and 
     responding to, natural disasters;
       (ii) military and law enforcement response planning and 
     execution;
       (iii) Federal mitigation plans, programs, and policies 
     including prior assessments of existing vulnerabilities and 
     exercises designed to test those vulnerabilities;
       (iv) Federal, State, and local communication 
     interoperability successes and failures;
       (v) past, present, and future Federal budgetary provisions 
     for preparedness, mitigation, response, and recovery;
       (vi) the Federal Emergency Management Agency's response 
     capabilities as an independent agency and as part of the 
     Department of Homeland Security;
       (vii) the role of congressional oversight and resource 
     allocation;
       (viii) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry; and
       (ix) long-term needs for people impacted by Hurricane 
     Katrina and other forms of Federal assistance necessary for 
     large-scale recovery;
       (2) identify, review, and evaluate the lessons learned from 
     Hurricane Katrina including coordination, management 
     policies, and procedures of the Federal Government, State and 
     local governments, and nongovernmental entities, relative to 
     detection, planning, mitigation, asset prepositioning, and 
     responding to cataclysmic natural disasters such as Hurricane 
     Katrina; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.

     SEC. __05. POWERS OF COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this Act--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and

[[Page 22166]]

       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated subcommittee or designated member may determine 
     advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the agreement of the chairman and the vice chairman; 
     or
       (II) by the affirmative vote of 6 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), subpoenas issued 
     under this subsection may be issued under the signature of 
     the chairman or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairman or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purposes of this title. 
     Each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall, to the 
     extent authorized by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chairman, the chairman 
     of any subcommittee created by a majority of the Commission, 
     or any member designated by a majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       (e) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. __06. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     section __10.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.

     SEC. __07. STAFF OF COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairman, in 
     consultation with the vice chairman, in accordance with rules 
     agreed upon by the Commission, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. __08. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. __09. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances to the extent possible pursuant to existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     title without the appropriate security clearances.

     SEC. __10. REPORTS OF COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (b) Final Report.--Not later than 6 months after the date 
     of the enactment of this title, the Commission shall submit 
     to the President and Congress a final report containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (c) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this Act, shall terminate 60 days after the date on which the 
     final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the final report.

     SEC. __11. FUNDING.

       (a) Emergency Appropriation of Funds.--There are authorized 
     to be appropriated $3,000,000 for purposes of the activities 
     of the Commission under this title and such funding is 
     designated as emergency spending under section 402 of H. Con. 
     Res. 95 (109th Congress).
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 2041. Mr. SALAZAR 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 VII, add the following:

[[Page 22167]]



  Subtitle D--Post Traumatic Stress Disorder and Other Mental Health 
                               Conditions

     SEC. 741. MENTAL HEALTH SCREENINGS FOR POST TRAUMATIC STRESS 
                   DISORDER AND OTHER MENTAL HEALTH CONDITIONS.

       (a) Screenings of Members of Armed Forces.--
       (1) In general.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary concerned shall perform 
     mental health screenings of each member of the Armed Forces 
     who is deployed in a combat operation or to a combat zone.
       (2) Nature of screenings.--The first mental health 
     screening of a member under this subsection shall be designed 
     to determine the mental state of such member before 
     deployment. Each other mental health screening of a member 
     under this subsection shall be designated to detect symptoms 
     or other evidence in such member of Post Traumatic Stress 
     Disorder (PTSD), other mental health conditions, alcohol and 
     drug abuse, and traumatic brain injury. The Secretary shall 
     establish uniform guidelines on the scope and character of 
     such screenings.
       (3) Time of screenings.--A member shall receive a mental 
     health screening under this subsection at times as follows:
       (A) Prior to deployment in a combat operation or to a 
     combat zone.
       (B) Not later than 30 days after the date of the member's 
     return from such deployment.
       (C) Not later than 90 days after the date of the member's 
     return from such deployment.
       (D) Not later than 180 days after the date of the member's 
     return from such deployment.
       (E) Not later than one year after the date of the member's 
     return from such deployment, and every year thereafter until 
     such time as the Secretary concerned determines appropriate.
       (b) Other Screenings.--Nothing in this section shall be 
     construed to prohibit the Secretary concerned from performing 
     other mental health screenings or assessments of a member of 
     the Armed Forces if circumstances so warrant.

     SEC. 742. LEADERSHIP TRAINING ON POST TRAUMATIC STRESS 
                   DISORDER AND OTHER MENTAL HEALTH CONDITIONS.

       (a) Training Required.--Each Secretary concerned shall 
     provide training to members of the Armed Forces who serve as 
     commanders of military units at the company level and above 
     on the causes, symptoms, and effects of Post Traumatic Stress 
     Disorder (PTSD), other mental health conditions, alcohol and 
     drug abuse, and traumatic brain injury.
       (b) Elements.--The training provided under subsection (a) 
     shall include the following:
       (1) Information on the availability of mental health 
     screenings under section 741 for members of the Armed Forces.
       (2) Information on various means of encouraging members of 
     the Armed Forces who may be experiencing Post Traumatic 
     Stress Disorder, other mental health conditions, alcohol or 
     drug abuse, or traumatic brain injury to seek evaluation and 
     treatment.
       (3) Such other information on Post Traumatic Stress 
     Disorder, other mental health conditions, alcohol and drug 
     abuse, and traumatic brain injury, and the identification, 
     evaluation, and treatment of such conditions, as the 
     Secretary concerned considers appropriate.

     SEC. 743. TRAINING AND EDUCATION OF MEMBERS OF THE ARMED 
                   FORCES AND THEIR DEPENDENTS ON POST TRAUMATIC 
                   STRESS DISORDER AND OTHER MENTAL HEALTH 
                   CONDITIONS.

       (a) Training for Members of Armed Forces.--Each Secretary 
     concerned shall provide training to members of the Armed 
     Forces on the causes, symptoms, and effects of Post Traumatic 
     Stress Disorder (PTSD), other mental health conditions, 
     alcohol and drug abuse, and traumatic brain injury.
       (b) Education for Dependents.--Each Secretary concerned 
     shall take appropriate actions to make available to the 
     dependents of members of the Armed Forces information on the 
     causes, symptoms, and effects of Post Traumatic Stress 
     Disorder, other mental health conditions, alcohol and drug 
     abuse, and traumatic brain injury in members of the Armed 
     Forces.

     SEC. 744. TREATMENT PROGRAMS FOR POST TRAUMATIC STRESS 
                   DISORDER AND OTHER MENTAL HEALTH CONDITIONS.

       (a) Programs Required.--The Secretary of Defense shall 
     implement programs, and enhance existing programs, in order 
     to improve the treatment provided by the Department of 
     Defense to members of the Armed Forces for Post Traumatic 
     Stress Disorder (PTSD), other mental health conditions, 
     alcohol and drug abuse, and traumatic brain injury associated 
     with service in combat. Such programs shall facilitate the 
     participation of dependents of members of the Armed Forces in 
     the treatment of such members for such conditions.
       (b) Report on Programs.--Not later than one year after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the actions taken by the Secretary 
     under subsection (a). The report shall include--
       (1) a statement of the number of members of the Armed 
     Forces currently experiencing symptoms of traumatic brain 
     injury associated with service in combat;
       (2) a description of the programs implemented or enhanced 
     under that subsection, including a description of how such 
     programs will improve the treatment of members of the Armed 
     Forces for Post Traumatic Stress Disorder, other mental 
     health conditions, alcohol or and drug abuse, or traumatic 
     brain injury; and
       (3) information on the participation of members of the 
     Armed Forces and their dependents in such programs.

     SEC. 745. COLLABORATION WITH DEPARTMENT OF VETERANS AFFAIRS.

       The Secretary of Defense shall work with the National 
     Center on Post-Traumatic Stress Disorder of the Department of 
     Veterans Affairs in carrying out activities under this 
     subtitle.

     SEC. 746. DEFINITIONS.

       In this subtitle:
       (1) Dependent.--The term ``dependent'', with respect to a 
     member of the Armed Forces, has the meaning given such term 
     in section 1072(2) of title 10, United States Code.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given such term in section 101(a) of title 
     10, United States Code.
                                 ______
                                 
  SA 2042. Mr. McCONNELL 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. __. The Secretary of Defense may present promotional 
     materials, including a United States flag, to any member of 
     an Active or Reserve component under the Secretary's 
     jurisdiction who, as determined by the Secretary, 
     participates in Operation Enduring Freedom or Operation Iraqi 
     Freedom, along with other recognition items in conjunction 
     with any week-long national observation and day of national 
     celebration, if established by Presidential proclamation, for 
     any such members returning from such operations.''
                                 ______
                                 
  SA 2043. Mr. LOTT submitted an amendment intended to be proposed to 
amendment SA 1955 proposed by Mr. Warner (for himself and Mr. Levin) 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 end of subtitle D of title XXVIII of division B, add 
     the following:

     SEC. 1411. SENSE OF CONGRESS ON REQUIREMENT FOR REVERSIONARY 
                   INTEREST HOLDERS TO COMPENSATE UNITED STATES 
                   FOR IMPROVEMENTS MADE TO MILITARY INSTALLATIONS 
                   CLOSED OR REALIGNED UNDER 2005 ROUND OF DEFENSE 
                   BASE CLOSURE AND REALIGNMENT.

       It is the sense of Congress that--
       (1) the closure or realignment of a military installation 
     under the 2005 round of defense base closure and realignment 
     does not constitute a closure determination by the Secretary 
     of the Navy for the purpose of requiring a reversionary 
     interest holder to provide compensation for any improvements 
     to the military installation; and
       (2) as a matter of public policy, the United States should 
     release or otherwise relinquish any entitlement to receive, 
     pursuant to any agreement providing for such payment, 
     compensation from any holder of a reversionary interest in 
     real property used by the United States for improvements made 
     to any military installation that is closed or realigned as 
     part of the 2005 round of defense base closure and 
     realignment.
                                 ______
                                 
  SA 2044. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 1955 proposed by Mr. Warner (for himself and Mr. Levin) 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. __. 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

[[Page 22168]]

     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.
       At the end of title XIV of division A, add the following:

     SEC. 1411. TACTICAL WHEELED VEHICLES.

       (a) Additional Amount for Other Procurement, Army.--The 
     amount authorized to be appropriated by section 1403(a)(3) 
     for other procurement for the Army is hereby increased by 
     $360,800,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 1403(a)(3) for other procurement for 
     the Army, as increased by subsection (a)--
       (1) $360,800,000 may be made available for the procurement 
     of armored Tactical Wheeled Vehicles for units deployed in 
     Iraq and Afghanistan; or
       (2) if the Secretary of the Army determines that such 
     amount is not needed for the procurement of armored Tactical 
     Wheeled Vehicles for units deployed in Iraq and Afghanistan--
       (A) up to $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) up to $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.
       On page 286, between lines 7 and 8, insert the following:

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

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

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

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

     SEC. 846. SMALL BUSINESS CONTRACTING IN OVERSEAS 
                   PROCUREMENTS.

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

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

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

[[Page 22169]]

       ``(I) the total number of multiple-award contracts;
       ``(II) the total number of small business concerns that 
     received multiple-award contracts;
       ``(III) the total number of orders under multiple-award 
     contracts;
       ``(IV) the total value of orders under multiple-award 
     contracts;
       ``(V) the number of orders received by small business 
     concerns under multiple-award contracts;
       ``(VI) the value of orders received by small business 
     concerns under multiple-award contracts;
       ``(VII) the number of small business concerns that received 
     orders under multiple-award contracts; and
       ``(VIII) such other information as may be relevant.''.
       On page 218, strike line 1 and all that follows through 
     page 220, line 5, and insert the following:

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

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended by adding at the end the following:
       ``(x) Research and Development Focus.--
       ``(1) Revision and update of criteria and procedures of 
     identification.--In carrying out subsection (g), the 
     Secretary of Defense shall, not less often than once every 4 
     years, revise and update the criteria and procedures utilized 
     to identify areas of the research and development efforts of 
     the Department of Defense which are suitable for the 
     provision of funds under the Small Business Innovation 
     Research Program and the Small Business Technology Transfer 
     Program.
       ``(2) Utilization of plans.--The criteria and procedures 
     described in paragraph (1) shall be developed through the use 
     of the most current versions of the following plans:
       ``(A) The joint warfighting science and technology plan 
     required under section 270 of the National Defense 
     Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note).
       ``(B) The Defense Technology Area Plan of the Department of 
     Defense.
       ``(C) The Basic Research Plan of the Department of Defense.
       ``(3) Input in identification of areas of effort.--The 
     criteria and procedures described in paragraph (1) shall 
     include input in the identification of areas of research and 
     development efforts described in that paragraph from 
     Department of Defense program managers (PMs) and program 
     executive officers (PEOs).
       ``(y) Commercialization Pilot Program.--
       ``(1) In general.--The Secretary of Defense and the 
     Secretary of each military department is authorized to create 
     and administer a `Commercialization Pilot Program' to 
     accelerate the transition of technologies, products, and 
     services developed under the Small Business Innovation 
     Research Program to Phase III, including the acquisition 
     process.
       ``(2) Identification of research programs for accelerated 
     transition to acquisition process.--In carrying out the 
     Commercialization Pilot Program, the Secretary of Defense and 
     the Secretary of each military department shall identify 
     research programs of the Small Business Innovation Research 
     Program that have the potential for rapid transitioning to 
     Phase III and into the acquisition process.
       ``(3) Limitation.--No research program may be identified 
     under paragraph (2), unless the Secretary of the military 
     department concerned certifies in writing that the successful 
     transition of the program to Phase III and into the 
     acquisition process is expected to meet high priority 
     military requirements of such military department.
       ``(4) Funding.--For payment of expenses incurred to 
     administer the Commercialization Pilot Program under this 
     subsection, the Secretary of Defense and each Secretary of a 
     military department is authorized to use not more than an 
     amount equal to 1 percent of the funds available to the 
     Department of Defense or the military department pursuant to 
     the Small Business Innovation Research Program. Such funds--
       ``(A) shall not be subject to the limitations on the use of 
     funds in subsection (f)(2); and
       ``(B) shall not be used to make Phase III awards.
       ``(5) Evaluative report.--At the end of each fiscal year, 
     the Secretary of Defense and each Secretary of a military 
     department shall submit to the Committee on Armed Services 
     and the Committee on Small Business and Entrepreneurship of 
     the Senate and the Committee on Armed Services and the 
     Committee on Small Business of the House of Representatives 
     an evaluative report regarding activities under the 
     Commercialization Pilot Program. The report shall include--
       ``(A) an accounting of the funds used in the 
     Commercialization Pilot Program;
       ``(B) a detailed description of the Commercialization Pilot 
     Program, including incentives and activities undertaken by 
     acquisition program managers, program executive officers, and 
     by prime contractors; and
       ``(C) a detailed compilation of results achieved by the 
     Commercialization Pilot Program, including the number of 
     small business concerns assisted and a number of inventions 
     commercialized.
       ``(6) Sunset.--The pilot program under this subsection 
     shall terminate at the end of fiscal year 2009.''.
       (b) Implementation of Executive Order 13329.--Section 9 of 
     the Small Business Act (15 U.S.C. 638) is amended--
       (1) in subsection (b)--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) to provide for and fully implement the tenets of 
     Executive Order 13329 (Encouraging Innovation in 
     Manufacturing).'';
       (2) in subsection (g)--
       (A) in paragraph (9), by striking ``and'' at the end;
       (B) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(11) provide for and fully implement the tenets of 
     Executive Order 13329 (Encouraging Innovation in 
     Manufacturing).''; and
       (3) in subsection (o)--
       (A) in paragraph (14), by striking ``and'' at the end;
       (B) in paragraph (15), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(16) provide for and fully implement the tenets of 
     Executive Order 13329 (Encouraging Innovation in 
     Manufacturing).''.
       (c) Testing and Evaluation Authority.--Section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `commercial applications' shall not be 
     construed to exclude testing and evaluation of products, 
     services, or technologies for use in technical or weapons 
     systems, and further, awards for testing and evaluation of 
     products, services, or technologies for use in technical or 
     weapons systems may be made in either the second or the third 
     phase of the Small Business Innovation Research Program and 
     of the Small Business Technology Transfer Program, as defined 
     in this subsection.''.
       On page 237, after line 17, insert the following:

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

       (a) Drought Disaster Authority.--
       (1) Definition of disaster.--Section 3(k) of the Small 
     Business Act (15 U.S.C. 632(k)) is amended--
       (A) by inserting ``(1)'' after ``(k)''; and
       (B) by adding at the end the following:
       ``(2) For purposes of section 7(b)(2), the term `disaster' 
     includes--
       ``(A) drought; and
       ``(B) below average water levels in the Great Lakes, or on 
     any body of water in the United States that supports commerce 
     by small business concerns.''.
       (2) Drought disaster relief authority.--Section 7(b)(2) of 
     the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
       (A) by inserting ``(including drought), with respect to 
     both farm-related and nonfarm-related small business 
     concerns,'' before ``if the Administration''; and
       (B) in subparagraph (B), by striking ``the Consolidated 
     Farmers Home Administration Act of 1961 (7 U.S.C. 1961)'' and 
     inserting the following: ``section 321 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1961), in which 
     case, assistance under this paragraph may be provided to 
     farm-related and nonfarm-related small business concerns, 
     subject to the other applicable requirements of this 
     paragraph''.
       (b) Limitation on Loans.--From funds otherwise appropriated 
     for loans under section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)), not more than $9,000,000 may be used during 
     each of fiscal years 2005 through 2008, to provide drought 
     disaster loans to nonfarm-related small business concerns in 
     accordance with this section and the amendments made by this 
     section.
       (c) Prompt Response to Disaster Requests.--Section 
     7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) 
     is amended by striking ``Upon receipt of such certification, 
     the Administration may'' and inserting ``Not later than 30 
     days after the date of receipt of such certification by a 
     Governor of a State, the Administration shall respond in 
     writing to that Governor on its determination and the reasons 
     therefore, and may''.
       (d) Rulemaking.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall promulgate final rules to carry 
     out this section and the amendments made by this section.
       On page 237, after line 17, insert the following:

     SEC. 846. RADIO FREQUENCY IDENTIFIER TECHNOLOGY.

       (a) Small Business Strategy.--As part of implementing its 
     requirement that contractors use radio frequency identifier 
     technology, the Secretary of Defense shall develop and 
     implement a strategy to educate the small business community 
     regarding radio frequency identifier technology requirements, 
     compliance, standards, and opportunities.

[[Page 22170]]

       (b) Reporting.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     a report to the Committee on Small Business and 
     Entrepreneurship and the Committee on Armed Services of the 
     Senate and the Committee on Small Business and the Committee 
     on Armed Services of the House of Representatives detailing 
     the status of the efforts by the Secretary of Defense to 
     establish requirements for radio frequency identifier 
     technology used in Department of Defense contracting, 
     including--
       (A) standardization of the data required to be reported by 
     such technology; and
       (B) standardization of the manufacturing quality required 
     for such technology.
       (C) the status of the efforts of the Secretary of Defense 
     to develop and implement a strategy to educate the small 
     business community, as required by subsection (a)(2).
       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 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.
       At the end of subtitle B of title I, add the following:

     SEC. 114. SECOND SOURCE FOR PRODUCTION AND SUPPLY OF TIRES 
                   FOR THE STRYKER COMBAT VEHICLE.

       (a) Requirement.--The Secretary of the Army shall conduct a 
     study of the feasibility and costs and benefits for the 
     participation of a second source for the production and 
     supply of tires for the Stryker combat vehicle to be procured 
     by the Army with funds authorized to be appropriated in this 
     Act.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the results of 
     the study under subsection (a). The report shall include--
       (1) an analysis of the capacity of the industrial base in 
     the United States to meet requirements for a second source 
     for the production and supply of tires for the Stryker combat 
     vehicle; and
       (2) to the extent that the capacity of the industrial base 
     in the United States is not adequate to meet such 
     requirements, recommendations on means, over the short-term 
     and the long-term, to address that inadequacy.
       At the appropriate place in title VIII, insert the 
     following:

     SEC. __. ENSURING TRANSPARENCY IN FEDERAL CONTRACTING.

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

     SEC. 807. GUIDANCE ON USE OF TIERED EVALUATION OF OFFERS FOR 
                   CONTRACTS AND TASK ORDERS UNDER CONTRACTS.

       (a) Guidance Required.--The Secretary of Defense shall 
     prescribe guidance for the military departments and the 
     Defense Agencies on the use of tiered evaluations of offers 
     or proposals of offerors for contracts and for task orders 
     under contracts.
       (b) Elements.--The guidance prescribed under subsection (a) 
     shall include a prohibition on the initiation by a 
     contracting officer of a tiered evaluation of an offer or 
     proposal of an offeror for a contract or for a task or 
     delivery order under a contract unless the contracting 
     officer--
       (1) has conducted market research in accordance with part 
     10 of the Federal Acquisition Regulation in order to 
     determine whether or not a sufficient number of qualified 
     small businesses are available to justify limiting 
     competition for the award of such contract or task or 
     delivery order under applicable law and regulations;
       (2) is unable, after conducting market research under 
     paragraph (1), to make the determination described in that 
     paragraph; and
       (3) includes in the contract file a written explanation why 
     such contracting officer was unable to make such 
     determination.
       On page 52, between lines 5 and 6, insert the following:

     SEC. 304. NAVY HUMAN RESOURCES BENEFIT CALL CENTER.

       Of the amount authorized to be appropriated by section 
     301(2) for operation and maintenance for the Navy, $1,500,000 
     may be available for civilian manpower and personnel for a 
     human resources benefit call center.
       On page 213, between lines 2 and 3, insert the following:

     SEC. 807. CONGRESSIONAL NOTIFICATION OF CANCELLATION OF MAJOR 
                   AUTOMATED INFORMATION SYSTEMS.

       (a) Report Required.--The Secretary of Defense shall notify 
     the congressional defense committees not less than 60 days 
     before cancelling a major automated information system 
     program that has been fielded or approved to be fielded, or 
     making a change that will significantly reduce the scope of 
     such a program, of the proposed cancellation or change.
       (b) Content.--Each notification submitted under subsection 
     (a) with respect to the proposed cancellation or change shall 
     include--
       (1) the specific justification for the proposed change;
       (2) a description of the impact of the proposed change on 
     the Department's ability to achieve the objectives of the 
     program that has been cancelled or changed;
       (3) a description of the steps that the Department plans to 
     take to achieve such objectives; and
       (4) other information relevant to the change in acquisition 
     strategy.
       (c) Definitions.--In this section:
       (1) The term ``major automated information system'' has the 
     meaning given that term in Department of Defense Directive 
     5000.
       (2) The term ``approved to be fielded'' means having 
     received Milestone C approval.
       At the end of subtitle C of title III, add the following:

     SEC. 330. 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 sanctions 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;
       ``(C) sanctioned by the United States Olympic Committee; 
     and
       ``(D) for which participation exceeds 100 amateur 
     athletes.''; 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).''.
       On page 292, between lines 15 and 16, insert the following:

[[Page 22171]]



     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 
     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.
       On page 213, between lines 2 and 3, insert the following:

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

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

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

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

[[Page 22172]]

       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).
       At the end of subtitle A of title VIII, add the following:

     SEC. 807. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES AND 
                   SERVICES.

       (a) Modification of Limitation on Conversion to Contractor 
     Performance.--Section 8014(a)(3) of the Department of Defense 
     Appropriations Act, 2005 (Public law 108-287; 118 Stat. 972) 
     is amended--
       (1) in subparagraph (A), by inserting ``, payment that 
     could be used in lieu of such a plan, health savings account, 
     or medical savings account'' after ``health insurance plan''; 
     and
       (2) in subparagraph (B), by striking ``that requires'' and 
     all that follows through the end and inserting ``that does 
     not comply with the requirements of any Federal law governing 
     the provision of health care benefits by Government 
     contractors that would be applicable if the contractor 
     performed the activity or function under the contract.''.
       At the appropriate place in title V, insert the following:

     SEC. __. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE 
                   PARALYM-
                   PIC 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,''.
       On page 371, between lines 8 and 9, insert the following:

     SEC. 2887. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT 
                   DEPARTMENT OF DEFENSE FACILITIES.

       (a) Report Required.--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) Content.--The report required under subsection (a) 
     shall include--
       (1) a description of the types of Department of Defense 
     facilities that use ground source heat pumps;
       (2) 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;
       (3) 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
       (4) recommendations for facilitating and encouraging the 
     increased use of ground source heat pumps at Department of 
     Defense facilities.
                                 ______
                                 
  SA 2045. Mr. FRIST (for Mr. Specter) proposed an amendment to the 
bill S. 1197, to reauthorize the Violence Against Women Act of 1994; as 
follows:

       On page 272, line 21, strike ``a person who is 60 years'' 
     and insert ``a person who is 50 years''.
       On page 273, after line 8, insert the following:
       (9A) Indian country.--The term ``Indian country'' has the 
     same meaning given such term in section 1151 of title 18, 
     United States Code.
       On page 292, lines 4 and 5, strike ``, Indian tribal 
     government,''.
       On page 292, lines 6 and 7, strike ``, Indian tribal 
     government,''.
       On page 292, lines 23 and 24, strike ``, unit of local 
     government, or Indian tribal government'' and insert ``or 
     unit of local government''.
       On page 293, lines 1 and 2, strike ``, units of local 
     government, and Indian tribal governments'' and insert ``and 
     units of local government''.
       On page 322, line 15, strike ``2231(b)'' and insert 
     ``2261(b)''.
       On page 362, lines 6 and 7, strike ``Services, Indian Child 
     Welfare,'' and insert ``Service, tribal child protective 
     services,''.
       On page 419, strike line 10 and all that follows through 
     page 425, line 16, and insert the following:

     ``SEC. 41404. COLLABORATIVE GRANTS TO DEVELOP LONG-TERM 
                   HOUSING FOR VICTIMS.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary of Health and Human 
     Services, acting through the Administration of Children and 
     Families, in consultation with the Secretary of Housing and 
     Urban Development, shall award grants, contracts, or 
     cooperative agreements for a period of not less than 2 years 
     to eligible entities to develop long-term housing options for 
     adult and youth victims of domestic violence, dating 
     violence, sexual assault, and stalking who are currently 
     homeless or at risk for becoming homeless.
       ``(2) Amount.--The Secretary of Health and Human Services 
     shall award funds in amounts--
       ``(A) not less than $25,000 per year; and
       ``(B) not more than $1,000,000 per year.
       ``(b) Eligible Entities.--To be eligible to receive funds 
     under this section, an entity shall demonstrate that it is a 
     coalition or partnership, applying jointly, that--
       ``(1) shall include a domestic violence victim service 
     provider;
       ``(2) shall include--
       ``(A) a homeless service provider;
       ``(B) a nonprofit, nongovernmental community housing 
     development organization or a Department of Agriculture rural 
     housing service program; or
       ``(C) in the absence of a homeless service provider on 
     tribal lands or nonprofit, nongovernmental community housing 
     development organization on tribal lands, a tribally 
     designated housing entity or tribal housing consortium;
       ``(3) may include a dating violence, sexual assault, or 
     stalking victim service provider;
       ``(4) may include housing developers, housing corporations, 
     State housing finance agencies, other housing agencies, and 
     associations representing landlords;
       ``(5) may include a public housing agency or tribally 
     designated housing entity;
       ``(6) may include tenant organizations in public or 
     tribally designated housing, as well as nonprofit, 
     nongovernmental tenant organizations;
       ``(7) may include other nonprofit, nongovernmental 
     organizations participating in the Department of Housing and 
     Urban Development's Continuum of Care process;
       ``(8) may include a State, tribal, territorial, or local 
     government or government agency; and
       ``(9) may include any other agencies or nonprofit, 
     nongovernmental organizations with the capacity to provide 
     effective help to adult and youth victims of domestic 
     violence, dating violence, sexual assault, or stalking.
       ``(c) Application.--Each eligible entity seeking funds 
     under this section shall submit an application to the 
     Secretary of Health and Human Services at such time, in such 
     manner, and containing such information as the Secretary of 
     Health and Human Services may require.
       ``(d) Use of Funds.--
       ``(1) In general.--Funds awarded to eligible entities under 
     subsection (a) shall be used to design or replicate and 
     implement new activities, services, and programs to develop 
     long-term housing options for adult and youth victims of 
     domestic violence, dating violence, sexual assault, or 
     stalking, and their dependents, who are currently homeless or 
     at risk of becoming homeless.
       ``(2) Activities, services, programs.--Such activities, 
     services, or programs described in paragraph (1)--
       ``(A) shall participate in the Department of Housing and 
     Urban Development's Continuum of Care process, unless such a 
     process does not exist in the community to be served;
       ``(B) shall develop sustainable long-term housing in the 
     community by--
       ``(i) coordinating efforts and resources among the various 
     groups and organizations comprised in the entity to access 
     existing private and public funding;
       ``(ii) assisting with the placement of individuals and 
     families in long-term housing; and
       ``(iii) providing services to help individuals or families 
     find and maintain long-term housing, including financial 
     assistance and support services;
       ``(3) may develop partnerships with individuals, 
     organizations, corporations, or other entities that provide 
     capital costs for the purchase, preconstruction, 
     construction, renovation, repair, or conversion of affordable 
     housing units;
       ``(4) may use funds for the administrative expenses related 
     to the continuing operation, upkeep, maintenance, and use of 
     housing described in paragraph (3); and
       ``(5) may provide to the community information about 
     housing and housing programs, and the process to locate and 
     obtain long-term housing.
       ``(e) Limitation.--Funds provided under paragraph (a) shall 
     not be used for construction, modernization or renovation.
       ``(f) Underserved Populations and Priorities.--In awarding 
     grants under this section, the Secretary of Health and Human 
     Services shall--
       ``(1) give priority to linguistically and culturally 
     specific services;
       ``(2) give priority to applications from entities that 
     include a sexual assault service provider as described in 
     subsection (b)(3); and
       ``(3) award a minimum of 15 percent of the funds 
     appropriated under this section in any fiscal year to tribal 
     organizations.
       ``(g) Definitions.--For purposes of this section:
       ``(1) Affordable housing.--The term `affordable housing' 
     means housing that complies with the conditions set forth in 
     section 215 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12745).
       ``(2) Long-term housing.--The term `long-term housing' 
     means housing that is sustainable, accessible, affordable, 
     and safe for the foreseeable future and is--
       ``(A) rented or owned by the individual;
       ``(B) subsidized by a voucher or other program which is not 
     time-limited and is available for as long as the individual 
     meets the eligibility requirements for the voucher or 
     program; or
       ``(C) provided directly by a program, agency, or 
     organization and is not time-limited and is available for as 
     long as the individual meets the eligibility requirements for 
     the program, agency, or organization.

[[Page 22173]]

       ``(h) Evaluation, Monitoring, Administration, and Technical 
     Assistance.--For purposes of this section--
       ``(1) up to 5 percent of the funds appropriated under 
     subsection (i) for each fiscal year may be used by the 
     Secretary of Health and Human Services for evaluation, 
     monitoring, and administration costs under this section; and
       ``(2) up to 8 percent of the funds appropriated under 
     subsection (i) for each fiscal year may be used to provide 
     technical assistance to grantees under this section.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated $10,000,000 for each of fiscal 
     years 2006 through 2010 to carry out the provisions of this 
     section.
       On page 472, line 12, strike ``TITLE VIII- PROTECTION OF 
     BATTERED AND TRAFFICKED IMMIGRANT WOMEN'' and insert ``TITLE 
     VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS''.
       On page 473, line 5, strike ``related to'' and insert 
     ``substantially connected to''.
       On page 473, strike lines 21 through 24, and insert the 
     following:
       ``(iii) if the Secretary of Homeland Security determines 
     that a trafficking victim, due to psychological or physical 
     trauma, is unable to cooperate with a request for assistance 
     described in clause (i)(III)(aa), the request is 
     unreasonable.''.
       On page 474, strike lines 5 through 10, and insert the 
     following:
       (1) in clause (i), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'';
       On page 474, line 24, strike ``(including physical or 
     electronic stalking)''.
       On page 475, line 19, insert ``substantial'' before 
     ``connection between the''
       On page 476, line 15, strike ``1 year'' and insert ``2 
     years''.
       On page 479, strike lines 5 through 25, and insert the 
     following:
       (A) in the matter preceding subclause (I), by inserting 
     ``or the Secretary of Homeland Security, as appropriate'' 
     after ``Attorney General''; and
       (B) in subclause (II)(bb), by inserting ``or the Secretary 
     of Homeland Security'' after ``Attorney General''.
       On page 480, strike lines 11 through 14, and insert 
     ``information.''.
       On page 486, line 10, insert ``substantial'' before 
     ``connection between the''
       On page 487, lines 10 and 11, strike ``occurred before the 
     alien overstayed the grant of voluntary departure'' and 
     insert ``is substantially connected to the alien's 
     overstaying the grant of voluntary departure''.
       On page 488, strike beginning with line 21 through page 
     490, line 8.
       On page 530, line 13, insert ``of the Department of Health 
     and Human Services'' after ``Secretary''.
       On page 532, line 11, strike ``representatives from''.
       On page 533, line 20, strike ``for health'' and insert 
     ``health''.
       On page 539, line 22, strike ``to'' and insert ``of''.
       On page 542, strike lines 20 and 21 and insert the 
     following:
       (1) in subsection (a)(1)(C), by striking ``DNA profiles'' 
     and all that follows through ``, and'';
       On page 542, after line 21, insert the following:
       (1A) in subsection (d)(1), by striking subparagraph (A), 
     and inserting the following:
       ``(A) The Director of the Federal Bureau of Investigation 
     shall promptly expunge from the index described in subsection 
     (a) the DNA analysis of a person included in the index--
       ``(i) on the basis of conviction for a qualifying Federal 
     offense or a qualifying District of Columbia offense (as 
     determined under sections 3 and 4 of the DNA Analysis Backlog 
     Elimination Act of 2000 (42 U.S.C. 14135a, 14135b), 
     respectively), if the Director receives, for each conviction 
     of the person of a qualifying offense, a certified copy of a 
     final court order establishing that such conviction has been 
     overturned; or
       ``(ii) on the basis of an arrest under the authority of the 
     United States, if the Attorney General receives, for each 
     charge against the person on the basis of which the analysis 
     was, or could have been, included in the index, a certified 
     copy of a final court order establishing that such charge has 
     been dismissed, has resulted in an acquittal, or that no 
     charge was filed within the applicable time period.'';
       On page 543, line 4, strike ``or resulted in an acquittal'' 
     and insert ``, or has resulted in an acquittal or that no 
     charge was filed within the applicable time period''.
       On page 543, line 24, after ``or'' insert ``from non-United 
     States persons who are''.

                          ____________________