[Congressional Record (Bound Edition), Volume 151 (2005), Part 18]
[Senate]
[Pages 24956-24961]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2423. Mr. ALLARD proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 3114. RETIREMENT BENEFITS FOR WORKERS AT ROCKY FLATS 
                   ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.

       (a) Program Authorized.--Subject to the availability of 
     funds under subsection (d), the Secretary of Energy shall 
     establish a program for the purposes of providing health, 
     medical, and life insurance benefits to workers at the Rocky 
     Flats Environmental Technology Site, Colorado (in this 
     section referred to as the ``Site''), who do not qualify for 
     such benefits because the physical completion date was 
     achieved before December 15, 2006.
       (b) Eligibility for Benefits.--A worker at the Site is 
     eligible for health, medical, and life insurance benefits 
     under the program described in subsection (a) if the 
     employee--
       (1) was employed by the Department of Energy, or by 
     contract or first or second tier subcontract to perform 
     cleanup, security, or administrative duties or 
     responsibilities at the Site on September 29, 2003; and
       (2) would have achieved applicable eligibility requirements 
     for health, medical, and life insurance benefits as defined 
     in the Site retirement benefit plan documents if the physical 
     completion date had been achieved on December 15, 2006, as 
     specified in the Site project completion contract.
       (c) Definitions.--In this section:
       (1) Health, medical, and life insurance benefits.--The term 
     ``health, medical, and life insurance benefits'' means those 
     benefits that workers at the Site are eligible for through 
     collective bargaining agreements, projects, or contracts for 
     work scope.
       (2) Physical completion date.--The term ``physical 
     completion date'' means the date the Site contractor has 
     completed all services required by the Site project 
     completion contract other than close-out tasks and services 
     related to plan sponsorship and management of post-project 
     completion retirement benefits.
       (3) Plan sponsorship and program management of post-project 
     completion retirement benefits.--The term ``plan sponsorship 
     and program management of post-project completion retirement 
     benefits''

[[Page 24957]]

     means those duties and responsibilities that are necessary to 
     execute, and are consistent with, the terms and legal 
     responsibilities of the instrument under which the post-
     project completion retirement benefits are provided to 
     workers at the Site.
       (d) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated to the Secretary of Energy in 
     fiscal year 2006 for the Rocky Flats Environmental Technology 
     Site, $15,000,000 shall be made available to the Secretary to 
     carry out the program described in subsection (a).
                                 ______
                                 
  SA 2424. Mr. NELSON of Florida (for himself, Mr. Hagel, Mr. Corzine, 
Mr. Nelson of Nebraska, Mr. Smith, Ms. Cantwell, Mr. Dayton, Mr. Kerry, 
Ms. Landrieu, Ms. Mikulski, Mrs. Murray, Ms. Stabenow, Mrs. Boxer, Mr. 
Pryor, Mr. Durbin, Mr. Jeffords, Mr. Johnson, and Mr. Salazar) proposed 
an amendment to the bill S. 1042, to authorize appropriations for 
fiscal year 2006 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescibe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

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

     SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--Subchapter II of chapter 73 of title 10, 
     United States Code is amended--
       (1) in section 1450(c)(1), by inserting after ``to whom 
     section 1448 of this title applies'' the following: ``(except 
     in the case of a death as described in subsection (d) or (f) 
     of such section)''; and
       (2) in section 1451(c)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (e) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (e) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Reconsideration of Optional Annuity.--Section 
     1448(d)(2) of title 10, United States Code, is amended by 
     adding at the end the following new sentences: ``The 
     surviving spouse, however, may elect to terminate an annuity 
     under this subparagraph in accordance with regulations 
     prescribed by the Secretary concerned. Upon such an election, 
     payment of an annuity to dependent children under this 
     subparagraph shall terminate effective on the first day of 
     the first month that begins after the date on which the 
     Secretary concerned receives notice of the election, and, 
     beginning on that day, an annuity shall be paid to the 
     surviving spouse under paragraph (1) instead.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.

     SEC. 643. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER SURVIVOR 
                   BENEFIT PLAN.

       Section 1452(j) of title 10, United States Code, is amended 
     by striking ``October 1, 2008'' and inserting ``October 1, 
     2005''.
                                 ______
                                 
  SA 2425. Mr. McCAIN (for himself, Mr. Warner, Mr. Levin, Mr. Leahy, 
Mr. Hagel, Mr. Durbin, and Mr. Kennedy) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescibe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1073. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS 
                   UNDER THE DETENTION OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--No person in the custody or under the 
     effective control of the Department of Defense or under 
     detention in a Department of Defense facility shall be 
     subject to any treatment or technique of interrogation not 
     authorized by and listed in the United States Army Field 
     Manual on Intelligence Interrogation.
       (b) Applicability.--Subsection (a) shall not apply to with 
     respect to any person in the custody or under the effective 
     control of the Department of Defense pursuant to a criminal 
     law or immigration law of the United States.
       (c) Construction.--Nothing in this section shall be 
     construed to affect the rights under the United States 
     Constitution of any person in the custody or under the 
     physical jurisdiction of the United States.

     SEC. 1074. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING 
                   TREATMENT OR PUNISHMENT OF PERSONS UNDER 
                   CUSTODY OR CONTROL OF THE UNITED STATES 
                   GOVERNMENT.

       (a) In General.--No individual in the custody or under the 
     physical control of the United States Government, regardless 
     of nationality or physical location, shall be subject to 
     cruel, inhuman, or degrading treatment or punishment.
       (b) Construction.--Nothing in this section shall be 
     construed to impose any geographical limitation on the 
     applicability of the prohibition against cruel, inhuman, or 
     degrading treatment or punishment under this section.
       (c) Limitation on Supersedure.--The provisions of this 
     section shall not be superseded, except by a provision of law 
     enacted after the date of the enactment of this Act which 
     specifically repeals, modifies, or supersedes the provisions 
     of this section.
       (d) Cruel, Inhuman, or Degrading Treatment or Punishment 
     Defined.--In this section, the term ``cruel, inhuman, or 
     degrading treatment or punishment'' means the cruel, unusual, 
     and inhumane treatment or punishment prohibited by the Fifth, 
     Eighth, and Fourteenth Amendments to the Constitution of the 
     United States, as defined in the United States Reservations, 
     Declarations and Understandings to the United Nations 
     Convention Against Torture and Other Forms of Cruel, Inhuman 
     or Degrading Treatment or Punishment done at New York, 
     December 10, 1984.
                                 ______
                                 
  SA 2426. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 188, after line 23, insert the following:

     SEC. 733. CENTENNIAL DEMONSTRATION PROJECT.

       (a) Establishment.--
       (1) Requirement.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     implement a demonstration project (referred to in this 
     section as the ``Centennial Demonstration Project'') with a 
     non-profit health care entity (referred to in this section as 
     the ``partner'') to permit employees of the Department of 
     Defense and of the partner to jointly staff and provide heath 
     care services to military personnel and civilians at a 
     Department of Defense military treatment facility.
       (2) Term of the project.--The Secretary shall carry out the 
     Centennial Demonstration Project for a 5-year period.
       (b) Purposes.--The purposes of the Centennial Demonstration 
     Project shall be to evaluate whether jointly staffing a 
     Department of Defense military treatment facility with 
     employees of the Department of Defense and of the partner--
       (1) improves the quality of care provided to military 
     personnel through the use of supplemental civilian medical 
     resources that are not otherwise available at the military 
     treatment facility;
       (2) enhances the economical use of the military treatment 
     facility by permitting excess capacity within the facility to 
     be used by civilian medical personnel for civilian care; and
       (3) provides military medical personnel additional training 
     opportunities involving the care of civilians at the military 
     treatment facility.
       (c) Limitation on Services to Civilians by Military 
     Personnel.--The Secretary of Defense may not permit any 
     civilian to receive medical services provided by military 
     medical personnel under the Centennial Demonstration Project 
     unless the Secretary submits to the Armed Services Committee 
     of the Senate and the Armed Service Committee of the House of 
     Representatives a report that includes descriptions of--
       (1) the services to be provided by the military medical 
     personnel to civilians under such Project;
       (2) any benefits associated with providing such services 
     that enhance the readiness and proficiency of the military 
     personnel participating in such Program; and
       (3) the mechanisms for recovering the costs associated with 
     the provision of such services.
       (d) Financial Arrangements.--The Secretary of Defense is 
     authorized to enter into appropriate financial arrangements 
     with the

[[Page 24958]]

     partner to ensure that the Department of Defense is 
     compensated for any care provided to civilians under the 
     Centennial Demonstration Project. The Secretary of Defense 
     shall determine the terms of such arrangements after 
     evaluating--
       (1) the value of the services to be provided by the partner 
     under such Project; and
       (2) the value of the use of military treatment facility by 
     the partner during such Project.
       (e) Liability.--Nothing in this section may be construed to 
     modify any law regarding the liability of civilian or 
     military medical personnel for medical services rendered to 
     either civilian or military personnel.
       (f) Reports.--
       (1) Requirement.--The Secretary of Defense and the 
     appropriate representative of the partner shall jointly 
     prepare and submit to Congress 2 reports on the Centennial 
     Demonstration Project and its impact on the military 
     treatment facility where such Project is implemented.
       (2) Schedule.--
       (A) First report.--The first report required by paragraph 
     (1) shall be submitted not later than 4 years after the date 
     of the enactment of this Act.
       (B) Second report.--The second report required by paragraph 
     (1) shall be submitted not later than 5 years after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 2427. Mr. REED (for Mr. Levin (for himself, Mr. Reed, Mr. Kerry, 
Mr. Feingold, and Mr. Lautenberg)) proposed an amendment to the bill S. 
1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 330. ADDITIONAL AMOUNT FOR COOPERATIVE THREAT REDUCTION 
                   PROGRAMS.

       (a) Increased Amount for Operation and Maintenance, 
     Cooperative Threat Reduction Programs.--The amount authorized 
     to be appropriated by section 301(19) for the Cooperative 
     Threat Reduction programs is hereby increased by $50,000,000.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, is hereby reduced by 
     $50,000,000, with the amount of the reduction to be allocated 
     as follows:
       (1) The amount available in Program Element 0603882C for 
     long lead procurement of Ground-Based Interceptors is hereby 
     reduced by $30,000,000.
       (2) The amount available for initial construction of 
     associated silos is hereby reduced by $20,000,000.

                                 ______
                                 
  SA 2428. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strength for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVE THE RADIATION DOSE RECONSTRUCTION PROGRAM.

       (a) In General.--In implementing the Energy Employees 
     Occupational Illness Compensation Program Act, the Advisory 
     Board on Radiation and Worker Health shall, not later than 90 
     days after the enactment of this Act--
       (1) in order to correctly identify quality problems through 
     the audit process of the Advisory Board, promptly develop a 
     formal comment resolution process including the tracking of 
     findings and issues; and
       (2) review each site profile and each dose reconstruction 
     audit report provided by the Advisory Board's audit 
     contractor within 90 days of the date on which such audit 
     reports are received.
       (b) Corrective Action Plan.--The National Institute on 
     Occupational Safety and Health shall, in response to 
     recommendations from the Advisory Board on Radiation and 
     Worker Health, prepare and submit a corrective action plan 
     within 90 days of receiving a recommendation from the 
     Advisory Board on items covered under subsection (a)(2). Such 
     plans shall contain specific deadlines for implementing such 
     recommendations to the extent that the Director concurs with 
     the recommendations of the Advisory Board.
                                 ______
                                 
  SA 2429. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. __. PROHIBITION ON CONTRACT FOR WORK AT HANFORD SITE, 
                   WASHINGTON, UNLESS CONTRACTOR MAKES EMPLOYER 
                   CONTRIBUTIONS TO HANFORD SITE PENSION PLAN FOR 
                   PERIOD OF CONTRACT.

       (a) Prohibition.--The Secretary of Energy may not, after 
     the date of the enactment of this Act, enter into a contract 
     for the work at the Hanford Site, Washington, specified in 
     subsection (b) unless the contract includes terms requiring 
     the contractor to make all applicable employer contributions 
     to the Hanford Contractors Multi-Employer Pension Plan for 
     employees covered by such contract over the entire period of 
     the contract.
       (b) Covered Work.--The work at the Hanford Site specified 
     in this subsection is work for projects or activities as 
     follows:
       (1) The River Corridor Closure Project.
       (2) The Fast Flux Test Facility (FFTF) Closure Project.
       (3) The 222-S Laboratory.
       (4) Any other project or activity at the Hanford Site.
                                 ______
                                 
  SA 2430. Mr. LEVIN (for himself, Mr. Reed, Mr. Kennedy, Mr. 
Rockefeller, Mr. Bingaman, Mrs. Boxer, and Mr. Durbin) 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; as follows:

       At the end of division A, add the following:

TITLE XV--NATIONAL COMMISSION ON POLICIES AND PRACTICES ON TREATMENT OF 
                   DETAINEES SINCE SEPTEMBER 11, 2001

     SEC. 1501. FINDINGS.

       Congress makes the following findings:
       (1) The vast majority of the members of the Armed Forces 
     have served honorably and upheld the highest standards of 
     professionalism and morality.
       (2) While there have been numerous reviews, inspections, 
     and investigations by the Department of Defense and others 
     regarding aspects of the treatment of individuals detained in 
     the course of Operation Enduring Freedom, Operation Iraqi 
     Freedom, or United States activities to counter international 
     terrorism since September 11, 2001, none has provided a 
     comprehensive, objective, and independent investigation of 
     United States policies and practices relating to the 
     treatment of such detainees.
       (3) The reports of the various reviews, inspections, and 
     investigations conducted by the Department of Defense and 
     others have left numerous omissions and reached conflicting 
     conclusions regarding institutional and personal 
     responsibility for United States policies and practices on 
     the treatment of the detainees described in paragraph (2) 
     that may have caused or contributed to the mistreatment of 
     such detainees.
       (4) Omissions in the reports produced to date also include 
     omissions relating to--
       (A) the authorities of the intelligence community for 
     activities to counter international terrorism since September 
     11, 2001, including the rendition of detainees to foreign 
     countries, and whether such authorities differed from the 
     authorities of the military for the detention and 
     interrogation of detainees;
       (B) the role of intelligence personnel in the detention and 
     interrogation of detainees;
       (C) the role of special operations forces in the detention 
     and interrogation of detainees; and
       (D) the role of contract employees in the detention and 
     interrogation of detainees.

     SEC. 1502. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on United 
     States Policies and Practices Relating to the Treatment of 
     Detainees Since September 11, 2001 (in this title referred to 
     as the ``Commission'').

     SEC. 1503. COMPOSITION OF THE 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 senior member of the 
     leadership of the Senate of the Democratic Party, in 
     consultation with the senior member of the leadership of the 
     House of Representatives 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 Republican Party;
       (4) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;

[[Page 24959]]

       (5) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives 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, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, the Armed Forces, intelligence 
     gathering or analysis, law, public administration, law 
     enforcement, and foreign affairs.
       (4) Deadline for appointment.--All members of the 
     Commission shall be appointed not later than 30 days after 
     the date of the enactment of this Act.
       (c) Meetings; Quorum; Vacancies.--
       (1) Initial meeting.--The Commission shall meet and begin 
     the operations as soon as practicable after all members have 
     been appointed under subsection (b).
       (2) Meetings.--After its initial meeting under paragraph 
     (1), the Commission shall meet upon the call of the chairman 
     or a majority of its members.
       (3) Quorum.--Six members of the Commission shall constitute 
     a quorum.
       (4) Vacancies.--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. 1504. PURPOSES.

       (a) In General.--The purposes of the Commission are to--
       (1) examine and report upon the policies and practices of 
     the United States relating to the treatment of individuals 
     detained in Operation Enduring Freedom (OEF), Operation Iraqi 
     Freedom (OIF), or United States activities to counter 
     international terrorism since September 11, 2001 (in this 
     title referred to as ``detainees'') , including the rendition 
     of detainees to foreign countries;
       (2) examine, evaluate, and report on the causes of and 
     factors that may have contributed to the alleged mistreatment 
     of detainees, including, but not limited to--
       (A) laws and policies of the United States relating to the 
     detention or interrogation of detainees, including the 
     rendition of detainees to foreign countries;
       (B) activities of special operations forces of the Armed 
     Forces;
       (C) activities of contract employees of any department, 
     agency, or other entity of the United States Government, 
     including for the rendition of detainees to foreign 
     countries; and
       (D) activities of employees of the Central Intelligence 
     Agency, the Defense Intelligence Agency, or any other element 
     of the intelligence community;
       (3) assess the responsibility of leaders, whether military 
     or civilian, within and outside the Department of Defense for 
     policies and actions, or failures to act, that may have 
     contributed, directly or indirectly, to the mistreatment of 
     detainees;
       (4) ascertain, evaluate, and report on the effectiveness 
     and propriety of interrogation techniques, policies, and 
     practices for producing useful and reliable intelligence;
       (5) ascertain, evaluate, and report on all planning for 
     long-term detention, or procedures for prosecution by 
     civilian courts or military tribunals or commission, of 
     detainees in the custody of any department, agency, or other 
     entity of the United States Government or who have been 
     rendered to any foreign government or entity; and
       (6) investigate and submit a report to the President and 
     Congress on the Commission's findings, conclusions, and 
     recommendations, including any modifications to existing 
     treaties, laws, policies, or regulations, as appropriate.
       (b) Utilization of Other Materials.--The Commission may 
     build upon reports conducted by the Department of Defense or 
     other entities by reviewing the source materials, findings, 
     conclusions, and recommendations of those other reviews in 
     order to--
       (1) avoid unnecessary duplication; and
       (2) identify any omissions in or conflicts between such 
     reports which in the Commission's view merit further 
     investigation.

     SEC. 1505. FUNCTIONS OF COMMISSION.

       The functions of the Commission are to--
       (1) conduct an investigation that ascertains relevant facts 
     and circumstances relating to--
       (A) laws, policies, and practices of the United States 
     relating to the treatment of detainees since September 11, 
     2001, including any relevant treaties, statutes, Executive 
     orders, regulations, plans, policies, practices, or 
     procedures;
       (B) activities of any department, agency, or other entity 
     of the United States Government relating to Operation 
     Enduring Freedom, Operation Iraqi Freedom, and efforts to 
     counter international terrorism since September 11, 2001;
       (C) the role of private contract employees in the treatment 
     of detainees;
       (D) the role of legal and medical personnel in the 
     treatment of detainees, including the role of medical 
     personnel in advising on plans for, and the conduct of, 
     interrogations;
       (E) dealings of any department, agency, or other entity of 
     the United States Government with the International Committee 
     of the Red Cross;
       (F) the role of congressional oversight; and
       (G) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry;
       (2) identify and review how policies regarding the 
     detention, interrogation, and rendition of detainees were 
     formulated and implemented, and evaluate such policies in 
     light of lessons learned from activities in Iraq, 
     Afghanistan, Guantanamo Bay, Cuba, and elsewhere; 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 any appropriate modifications 
     in legislation, organization, coordination, planning, 
     management, procedures, rules, and regulations.

     SEC. 1506. 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 title--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (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 subparagraph (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 and Materials From Federal Agencies.--
       (1) In general.--
       (A) Cooperation of agencies.--The Commission shall receive 
     the full and timely cooperation of any department, agency, 
     element, bureau, board, commission, independent 
     establishment, or other instrumentality of the United States 
     Government, and of any officer or employee thereof, whose 
     assistance is necessary for the fulfillment of the duties of 
     the Commission under this title.
       (B) Furnishing of materials.--The Commission is authorized 
     to secure directly from any department, agency, element, 
     bureau, board, commission, independent establishment, or 
     other instrumentality of the United States Government 
     information, materials (including classified materials), 
     suggestions, estimates, and statistics for the purposes of 
     this title. Each such department, agency, element, bureau, 
     board, commission, independent establishment, or other 
     instrumentality shall, to the maximum extent authorized by 
     law, furnish all such information, materials, suggestions, 
     estimates, and statistics directly to the Commission, 
     promptly upon a request made by the chairman, the chairman of 
     any subcommittee created by a majority of the Commission, or 
     any member

[[Page 24960]]

     designated by a majority of the Commission, but in no case 
     later than 14 days after such a request.
       (2) Receipt, handling, storage, and dissemination.--
     Information and materials shall be received, handled, stored, 
     and disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders. The Commission shall maintain all 
     classified information and materials provided to the 
     Commission under this title in a secure location in the 
     offices of the Commission or as designated by the Commission.
       (3) Access to information and materials.--No department, 
     agency, element, bureau, board, commission, independent 
     establishment, or other instrumentality of the United States 
     may withhold information or materials, including classified 
     materials, from the Commission on the grounds that providing 
     the information or materials would constitute the 
     unauthorized disclosure of classified information, pre-
     decisional materials, or information relating to intelligence 
     sources or methods.
       (d) Assistance From Particular 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, 
     agencies, and other elements of the United States Government 
     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) 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 Government.

     SEC. 1507. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission shall 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. 1508. STAFF OF COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairman, in 
     consultation with the vice chairman and 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) Treatment.--The staff director and any personnel of the 
     Commission who are employees of the Commission shall be 
     treated as employees of the Federal Government 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) Exception.--Subparagraph (A) shall not 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. 1509. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The departments, agencies, and elements of the United 
     States Government 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. No person 
     shall be provided with access to classified information under 
     this title without the appropriate security clearances.

     SEC. 1510. 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 1511.
       (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. 1511. REPORTS OF COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions and recommendations as have been agreed 
     to by a majority of Commission members.
       (b) Final Report.--Not later than 12 months after the date 
     of the enactment of this Act, the Commission shall submit to 
     the President and Congress a final report containing such 
     findings, conclusions, and recommendations as have been 
     agreed to by a majority of Commission members.
       (c) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, 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, disseminating the final report.

     SEC. 1512. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission to carry out this 
     section $2,500,000.
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 2431. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. __. INAPPLICABILITY TO MEMBERS OF THE ARMED FORCES 
                   RECUPERA-
                   TING IN MILITARY MEDICAL TREATMENT FACILITIES 
                   OF LIMITATION ON RECEIPT OF CERTAIN GIFTS.

       Notwithstanding any other provision of law, regulations of 
     the Department of Defense prohibiting members of the Armed 
     Forces from receiving a gift from an approved charitable 
     organization in an amount in excess of $20 shall not apply to 
     a member of the Armed Forces who is recuperating in a 
     military medical treatment facility.
                                 ______
                                 
  SA 2432. Mr. INHOFE (for himself, Mr. Stevens, Mr. Roberts, Mr. 
Sessions, Mr. Ensign, Mr. Graham, Mr. Thune, and Mr. Kyl) proposed an 
amendment to the bill S. 1042, to authorize appropriations for fiscal 
year 2006 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       At the end of title XII, add the following:

     SEC. __. BUILDING THE PARTNERSHIP SECURITY CAPACITY OF 
                   FOREIGN MILITARY AND SECURITY FORCES.

       (a) Authority.--The President may authorize building the 
     capacity of partner nations' military or security forces to 
     disrupt or destroy terrorist networks, close safe havens, or 
     participate in or support United States, coalition, or 
     international military or stability operations.
       (b) Types of Partnership Security Capacity Building.--The 
     partnership security capacity building authorized under 
     subsection (a) may include the provision of equipment, 
     supplies, services, training, and funding.
       (c) Availability of Funds.--The Secretary of Defense may, 
     at the request of the Secretary of State, support partnership 
     security capacity building as authorized under subsection (a) 
     including by transferring funds available to the Department 
     of Defense to the Department of State, or to any other 
     Federal agency. Any funds so transferred shall remain 
     available until expended. The amount of such partnership 
     security capacity building provided by the Department of 
     Defense under this section may not exceed $750,000,000 in any 
     fiscal year.

[[Page 24961]]

       (d) Congressional Notification.--Before building 
     partnership security capacity under this section, the 
     Secretaries of State and Defense shall submit to their 
     congressional oversight committees a notification of the 
     nations designated by the President with which partnership 
     security capacity will be built under this section and the 
     nature and amounts of security capacity building to occur. 
     Any such notification shall be submitted not less than 7 days 
     before the provision of such partnership security capacity 
     building.
       (e) Complementary Authority.--The authority to build 
     partnership security capacity under this section is in 
     addition to any other authority of the Department of Defense 
     to provide assistance to a foreign country.
       (f) Military and Security Forces Defined.--In this section, 
     the term ``military and security forces'' includes armies, 
     guard, border security, civil defense, infrastructure 
     protection, and police forces.

     SEC. __. SECURITY AND STABILIZATION ASSISTANCE.

       (a) In General.--Notwithstanding any other provision of 
     law, upon a request from the Secretary of State and upon a 
     determination by the Secretary of Defense that an unforeseen 
     emergency exists that requires immediate reconstruction, 
     security, or stabilization assistance to a foreign country 
     for the purpose of restoring or maintaining peace and 
     security in that country, and that the provision of such 
     assistance is in the national security interests of the 
     United States, the Secretary of Defense may authorize the use 
     or transfer of defense articles, services, training or other 
     support, including support acquired by contract or otherwise, 
     to provide such assistance.
       (b) Availability of Funds.--Subject to subsection (a), the 
     Secretary of Defense may transfer funds available to the 
     Department of Defense to the Department of State, or to any 
     other Federal agency, to carry out the purposes of this 
     section, and funds so transferred shall remain available 
     until expended.
       (c) Limitation.--The aggregate value of assistance provided 
     or funds transferred under the authority of this section may 
     not exceed $200,000,000.
       (d) Complementary Authority.--The authority to provide 
     assistance under this section shall be in addition to any 
     other authority to provide assistance to a foreign country.
       (e) Expiration.--The authority in this section shall expire 
     on September 30, 2006.

                          ____________________