[Congressional Record (Bound Edition), Volume 151 (2005), Part 19]
[Senate]
[Pages 25393-25432]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006--Continued


                     Amendments Nos. 2438 and 2439

  The PRESIDING OFFICER. There is now 30 minutes of debate equally 
divided between Senator Inhofe and Senator Harkin.
  The Senator from Virginia.
  Mr. WARNER. Mr. President, under the previous order, the time between 
2:15 and 2:45 is equally divided between the Senator from Oklahoma and 
the Senator from Iowa for the purposes of discussing the underlying 
amendment by the Senator from Iowa and a second degree that I put on on 
behalf of Senator Inhofe. My understanding is that Senator Inhofe will 
be here momentarily. But under the order, the Senate

[[Page 25394]]

is now in session and open to hear comments on this legislation.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, what we have coming up here are two votes, 
one at 2:45 on the Inhofe sense-of-the-Senate amendment, to be followed 
by a vote on my amendment.
  Now, you might say: What harm is it in voting for the Inhofe sense-
of-the-Senate amendment? Well, I thought I might even vote for it 
myself, until I read it. Because if you look at the sense-of-the-Senate 
amendment by the Senator from Oklahoma, in its findings--in its 
findings--it says:

       The American Forces Radio and Television Service and the 
     American Forces Network provide a ``touch of home'' to 
     members of the Armed Forces [et cetera] by providing the same 
     type and quality of radio and television programming . . . 
     that would be available in the continental United States.

  Well, when AFRTS provides for 100 percent, under 33 local stations 
around the world, of Rush Limbaugh and Dr. Laura and James Dobson and 
zero percent on the progressive side, that is hardly ``the same type 
and quality'' ``available in the continental United States.'' So right 
away, that is a wrong finding.
  Another finding is that the:

       American Forces Radio and Television Service . . . select 
     programming that represents a cross-section of popular 
     American radio and television.

  Well, again, if 100 percent is on one side and zero is on the other, 
that also cannot be so.
  And then in their sense-of-the-Senate amendment it says, it is the 
sense of the Senate--according to the Senator from Oklahoma--that:

       [T]he programming mission, themes, and practices of the 
     Department of Defense with respect to its television and 
     radio programming have fairly and responsively fulfilled 
     their mission of providing a ``touch of home'' to members of 
     the Armed Forces. . . .

  Well, they have fairly and responsively fulfilled their mission when 
it is 100 percent to nothing? I do not think so.
  Lastly, the Inhofe amendment says the Secretary of Defense may 
appoint an ombudsman--``may''--but it does not say what the ombudsman 
is supposed to do.
  Now, to be clear, again, what our amendment does is it simply takes 
the DOD directive--which says they shall provide a free flow of 
political programming, that there should be the same equal opportunity 
for balance, and that they should provide them with fairness--and 
codifies it. We take that directive and codify it. That is all. We do 
not change it, we codify it. Then we set up an ombudsman and spell out 
what that ombudsman should do. And we spell that out in my amendment. 
So there is quite a bit of difference.
  Again, I remind my fellow Senators that a year and a half ago, I 
offered a sense-of-the-Senate resolution because I thought if we gently 
prodded them and showed them what they were doing, they would follow 
their directive. That was 16 months ago. Now, 16 months later, it is 
100 percent to nothing. There is zero programing on the progressive 
side.
  Again, I want to make it clear we are not trying to restrict or in 
any way say what they have to carry, but as long as they are carrying 
this talk radio, it ought to at least be balanced. Some people say: 
Well, Rush Limbaugh has a big audience. He does. I don't deny that. But 
they are carrying Dr. Laura, they are carrying a Mark Merrill, whom I 
have never heard of. Why don't they carry Howard Stern? Howard Stern 
has 8 million listeners. Well, in that case, they said they do not like 
the content.
  So it is not just ratings, it is also content. They are keeping the 
Armed Forces personnel from listening to Howard Stern. So it is not 
just ratings. Don't fall for that line. It is not because Limbaugh and 
these people have high ratings. Howard Stern has high ratings, but they 
won't let him on.
  So I hope Senators will oppose the Inhofe amendment and support our 
amendment to codify it and to set up an ombudsman who would report to 
the Secretary of Defense and report to us every year on how they are 
meeting their requirements of fair and balanced programming.
  With that, Mr. President, I yield the floor, suggest the absence of a 
quorum, and I ask unanimous consent that the time be run on both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WARNER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Virginia.
  Mr. WARNER. Mr. President, in consultation with the ranking member, I 
say that there are three amendments in which, speaking for the 
majority, I would yield back time in our possession in the hopes we 
could move to the amendments for voting purposes.
  The first one, of course, would be the amendment, as I just discussed 
with the distinguished Senator from Michigan, regarding the desire to 
have a Presidential commission regarding the detainee issues. I ask the 
Chair to inform the Senate as to the amount of time that is under the 
control of the majority and minority on that amendment.
  The PRESIDING OFFICER. Amendment No. 2427?
  Mr. WARNER. A little louder, Mr. President.
  The PRESIDING OFFICER. Amendment No. 2427?
  Mr. WARNER. Amendment No. 2430.
  Mr. LEVIN. Mr. President, how much time is there on each side, if we 
could inquire of the Chair.
  Mr. WARNER. That is the question before the Chair on amendment No. 
2430.
  The PRESIDING OFFICER. The opposition has 10 minutes. Senator Levin 
has 3 minutes.
  Mr. WARNER. Fine. Then we would like to move to the amendment by the 
Senator from Rhode Island, Mr. Reed, regarding missile defense. Again, 
I would inquire as to how much time is remaining on the amendment, 
which is amendment No. 2427.
  The PRESIDING OFFICER. The opposition has 8 minutes. Senator Reed has 
19 minutes.
  Mr. WARNER. Well, I am prepared to yield back time on that if we can 
get some indication from Senator Reed as to his desire. I am hopeful we 
will have that vote up.
  Then there is an amendment by the distinguished Senator from Maine, 
Ms. Snowe, amendment No. 2436. Will the Chair advise the Senate as to 
the time remaining on that amendment?
  The PRESIDING OFFICER. Senator Snowe has 3 minutes, and the 
opposition has 13 minutes.
  Mr. WARNER. Well, with regard to the time in opposition, I am opposed 
to the amendment, but I am prepared to yield back the time on that 
amendment. This, hopefully, alerts Senators that any one and hopefully 
all three of those amendments could be up for votes very shortly.
  Mr. LEVIN. Mr. President, will the Senator yield for a question?
  Mr. WARNER. Yes.
  Mr. LEVIN. I am wondering if we have the time on the Nelson of 
Florida amendment. I do not have the number.
  Mr. WARNER. Mr. President, 2424 is the number on that amendment.
  If the Senator will withhold for a minute.
  The inquiry is in to the desk as to the time left on the Nelson 
amendment.
  The PRESIDING OFFICER. Senator Nelson has 16 minutes, and the 
opposition has 30 minutes.
  Mr. WARNER. I thank the Presiding Officer.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, I inquire as to the regular order and the 
time remaining on both sides.
  The PRESIDING OFFICER. The Senator from Oklahoma has 10\1/2\ minutes.
  Mr. INHOFE. On both sides.
  The PRESIDING OFFICER. The Senator from Iowa has 9 minutes.
  Mr. INHOFE. All right, then. And the second-degree amendment No. 2439 
to amendment No. 2438 is the order?
  The PRESIDING OFFICER. It is now a first-degree amendment, and it is 
the pending amendment.

[[Page 25395]]


  Mr. INHOFE. Amendment No. 2439?
  The PRESIDING OFFICER. Yes. That is correct.
  Mr. INHOFE. Mr. President, I had an opportunity prior to the break to 
talk a little bit about my amendment to the Harkin amendment. There is 
criteria that has been used, and used successfully, for a long period 
of time. There are two criteria. One is, it must be a syndicated type 
of a program. The program has to be syndicated. No. 2, it has to have 
at least a million listeners by the ratings.
  Now, there are some other exceptions, when they are extreme things. 
Obviously, there are some things that anyone making any evaluation 
would not want to have our people subjected to. But by and large that 
is the way it has worked.
  Now, for a long period of time it just happens that the conservative 
programs have been asked for by our troops over there, so they have 
received them. However, if I were to stand here and say I am happy with 
the programming as it has been, I would not be.
  Right now I guess the name you hear more often than anybody else is 
Rush Limbaugh. His is the second most highly requested program. They 
want all 3 hours, although only some of the 33 stations give him 1 
hour. No one gives him more than 1 hour. So that is not as much as I 
would like to have them go and as much as I think the market demands.
  I think it has worked well. I would think it would be very bad policy 
for us to believe we should sit here in this august body of the Senate 
and make the determination as to what we think--what we think--our 
troops should be watching and listening to.
  I believe this is true: I have been to Iraq more than any other 
Member. I have gone just about every month. I have yet to hear the 
first complaint over the programming as it has been, nor have I ever 
received a communication in any of our offices either in Washington or 
in the State.
  I retain the remainder of my time.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, I wonder if the Senator from Oklahoma 
could advise this Senator as to where in the directive--perhaps there 
is someplace I haven't found--it says that radio programs that are 
carried by American Forces Radio around the world have to be syndicated 
and have a million listeners.
  Mr. INHOFE. That is the policy they have been using. It is not 
mandated. It is a policy they have stated has been their policy, and 
the programming has reflected that that is the case.
  Mr. HARKIN. With all due respect, I asked the Senator, can he show me 
anywhere where that is written down?
  Mr. INHOFE. No. This has been the policy. By the way, I remind the 
Presiding Officer, this is on the time of Senator Harkin.
  Mr. HARKIN. Mr. President, what we have is a policy that is not 
written down--we can find it nowhere, and today is the first time I 
ever heard of it--that somehow before American Forces Radio airs a 
program, No. 1, it has to be syndicated and, No. 2, it has to have a 
million listeners. I never heard of this before. All of a sudden, it 
has come up.
  Mr. INHOFE. Will the Senator yield?
  Mr. HARKIN. Since I am on my time, the Senator can get his own time 
to respond.
  That is why we need to codify it. I think the Senator has put his 
finger on it. That is why our amendment is necessary. It takes the DOD 
directive, what is in writing, and codifies it and makes it law. That 
way there won't be any confusion. That way we will know whether they 
are living up to their own words. Secondly, putting in an ombudsman--
not ``may,'' what the Senator says in his amendment--will do the 
following: That person will be appointed by the Secretary of Defense; 
not engage in any censorship; conduct reviews of integrity, balance, 
and fairness; respond to program issues raised by the audience; make 
suggestions regarding ways to correct imbalances; and, most 
importantly, prepare and present an annual report to the Secretary of 
Defense and Congress on whether American Forces Radio is satisfying its 
mandate to provide fair and balanced political programming.
  The Senator, by his own words, shows why this is necessary. All of a 
sudden we hear there is a policy. It is not written down. We have never 
heard of it before. Yet we know what is happening.
  I repeat for emphasis: On the 33 stations around the world, we have 
100 percent Rush Limbaugh and Dr. Laura and James Dobson, and zero 
percent of any kind of progressive radio. I don't care how you cut it, 
slice it, dice it, or excuse it, this is unfair. This is censorship. 
This is propagandizing our troops. They deserve better than that.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, I believe this policy has been adhered 
to--on his own time, if the Senator from Iowa knows of any time it has 
not been adhered to, I would be glad to listen--the criteria of having 
to be syndicated and, No. 2, at least 1 million listeners, which has 
been the policy all along. If he questions that this should be the 
policy or believes it should be in the future, I would be glad to 
change my amendment just to say that it should be based on those two 
criteria. That is not a problem at all. It is not necessary because it 
has used that criteria in the past.
  To clearly demonstrate that 1 million listeners is one of the 
criteria, when the time came that Franken and Ed Schultz reached 1 
million, all of a sudden they were programmed. It further demonstrates 
it is something that has worked in the past for liberal or conservative 
messages.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, this is very interesting, I say to my 
friend from Oklahoma. The Senator from Virginia got up earlier before 
our lunch break and said something about Ed Schultz and Al Franken 
being on American Forces Radio. I just checked with them. I had my 
office call both of their programmers. Neither Mr. Franken nor Mr. 
Schultz has been notified, as of 2 hours ago, that they are ever going 
to be on American Forces Radio. They have never been notified. So now 
we hear today that somehow all of a sudden they are going to be on. 
Maybe the Senator has some inside knowledge of how they operate. As of 
2 hours ago, neither Mr. Schultz nor Mr. Franken has been notified when 
they are going to be on, how often, or how long.
  The second thing I say to my friend from Oklahoma, he says they have 
this policy of syndication and 1 million listeners and even though it 
is not written down anywhere they have followed it. I say to my friend 
from Oklahoma, if that is the case, then why don't they carry Howard 
Stern? Howard Stern has over 8 million listeners. He is syndicated. Yet 
American Forces Radio will not carry Howard Stern. So I say to my 
friend from Oklahoma, there must be some other criteria other than 
syndication and a million listeners or else they certainly would have 
Howard Stern.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, we are trying to find out something 
specific that Howard Stern has said or promoted on his programs. The 
problem is, there is nothing I can say on the Senate floor because it 
is so basically lewd. It is the type of thing that if the Muslim world 
were to listen to, it would be something very bad. There is not a 
Senator on this floor who would want that type of language used, 
profanity. I said this in my opening remarks. There are some cases 
where programming could be so extreme, whether it is liberal or 
conservative, it would not be acceptable.
  As far as Al Franken and Ed Schultz, the liberal programming, it was 
published on the Web site of American Forces that states which ones 
meet the two criteria. It was not on their Web site in 2004. It is on 
their Web site currently.
  I can't spoon-feed them and go up and say: Are you aware? You need to 
read the Web site. They should have been aware of that.

[[Page 25396]]

  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Iowa.
  Mr. HARKIN. Mr. President, I have no case to make for Howard Stern. 
The Senator said it is syndication and numbers in the millions. I 
pointed out that Howard Stern has 8 million. The Senator responds that 
Howard Stern is lewd and too much--I didn't hear all the words he used. 
But there are other criteria that have to do with content.
  Whether one agrees with whatever Howard Stern says, I might object 
strenuously--and I think a lot of Americans would object--to someone 
who said that what is good for al-Qaida is good for the Democratic 
Party in this country today. Rush Limbaugh said that. That went to all 
of our troops in Iraq. I think that is lewd. I think that is obscene. I 
will bet you there are a lot of people who think that is obscene. I 
don't mean just Democrats, anybody would think that is obscene. Or 
saying that what happened at Abu Ghraib was like a fraternity prank, or 
saying that the pictures of homoeroticism look like standard, good-old 
American pornography. Rush Limbaugh said that. It was broadcast to our 
troops in Iraq.
  We voted last week 90 to 9 on the McCain amendment to say: No. What 
happened at Abu Ghraib does not represent good-old American 
pornography, as Rush Limbaugh says.
  If the Senator objects to Howard Stern, fine. I think a lot of people 
object to the obscenities of Rush Limbaugh, also.
  What we are talking about is not taking somebody off the air. We are 
talking about ideas and discussion and debate. It seems to me that what 
we want are more ideas and more discussion and more debate. I think our 
debate is pretty darn good, as a matter of fact. Why don't they have 
that on American Forces Radio rather than this one-sided type of thing? 
They need this kind of debate, this kind of discussion. More ideas, 
more discussion, more debate is much better than less. That is what I 
believe our amendment would provide.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, I would like to inquire as to the time 
remaining.
  The PRESIDING OFFICER. The Senator from Oklahoma has 3\1/2\ minutes. 
The Senator from Iowa has 20 seconds.
  Mr. INHOFE. Let me say that I think with any program, in the case you 
mentioned of Rush Limbaugh, you mentioned two things you found to be 
offensive and you questioned whether they were appropriate. The service 
people requested all 3 hours every day. They ended up with some 
stations giving them 1 hour, nobody giving them more than 1 hour. So if 
you take 1 hour for some of these stations every day and you can find 
two instances of something that in, your interpretation, is lewd, and 
you compare that to Howard Stern whose programming is based on this 
type of thing--the profanity and the things that we find offensive and 
would not want to be throughout the world, the Arab world, or the rest 
of the world--then I think that is a real stretch.
  The bottom line is, we have an opportunity. Right now it is working 
well. As I say, I don't know how many times the Senator from Iowa has 
been to Iraq. In his last 20 seconds, he might mention how many times 
he has been there. I have been there almost every month. I carry on a 
dialog with these people. I know they tell me the type of programming 
they want, the complaints they have. We have yet to receive any 
complaints saying they think the current system of programming is wrong 
in any way.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, the time remaining on behalf of the 
distinguished Senator from Oklahoma is?
  The PRESIDING OFFICER. It is 1 minute 20 seconds, and the time 
remaining for the Senator from Iowa is 20 seconds.
  Mr. WARNER. Mr. President, the Senator from Iowa talked about the two 
programs which I discussed earlier, Ed Schultz and Al Franken. He 
mentioned that his check indicated they haven't been contacted. I 
immediately went back and checked with the Department of Defense. The 
Department of Defense, I assure the Senator from Iowa, is taking steps 
to implement the inclusion of those programs. The Department is dealing 
with the agents who presumably control the time. Therefore, the proffer 
that I made earlier about these two programs being included, it may be 
just a question of the tense of the verb, but I am assured by the 
Department that they are now taking steps to implement the inclusion or 
option to include these two programs throughout the American Forces 
Network.
  Mr. HARKIN. Will the Senator yield?
  Mr. WARNER. Yes.
  Mr. HARKIN. I just respond by saying they said that 16 months ago. 
They said it 16 months ago, and nothing has happened.
  Mr. WARNER. Well, I am not in a position to rebut that.
  All I can say is----
  The PRESIDING OFFICER. The majority's time has expired.
  Mr. WARNER. Within the past 15 minutes, I received the assurance.
  Has all time expired, Mr. President?
  The PRESIDING OFFICER. The Senator from Iowa has 20 seconds.
  Mr. HARKIN. I think again what this boils down to is do you want to 
have our troops have more debate, more discussion, more ideas, or do 
you want them to be limited? I say to my friends on the Republican 
side, maybe you will be inclined to just vote for Limbaugh and Dr. 
Laura and stuff, but I ask for your thoughts on fairness and equity. 
Someday the shoe may be on the other foot. I don't want them to hear 
one side of the story. I want them to hear both sides of the story.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. HARKIN. I beg you, let's have some fairness. That is what this 
amendment will do, not the sense-of-the-Senate resolution.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mr. WARNER. Have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. WARNER. I so make that request for both amendments, Mr. 
President.
  The PRESIDING OFFICER. Without objection, it is so ordered. The yeas 
and nays may be requested on both amendments.
  Mr. WARNER. And I so make that request, the underlying amendment and 
the Inhofe amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER (Mr. Coleman). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 55, nays 43, as follows:

                      [Rollcall Vote No. 305 Leg.]

                                YEAS--55

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Chafee
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Nelson (NE)
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner

                                NAYS--43

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carper
     Clinton
     Conrad
     Dayton

[[Page 25397]]


     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Stabenow
     Wyden

                             NOT VOTING--2

     Corzine
     McCain
       
  The amendment (No. 2439) was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. INHOFE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Vote on Amendment No. 2438

  The PRESIDING OFFICER. The question is on agreeing to the Harkin 
amendment No. 2438. The yeas and nays have been ordered. The clerk will 
call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. The following Senator is necessarily absent: the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 44, nays 54, as follows:

                      [Rollcall Vote No. 306 Leg.]

                                YEAS--44

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carper
     Clinton
     Conrad
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--54

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Chafee
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner

                             NOT VOTING--2

     Corzine
     McCain
       
  The amendment (No. 2438) was rejected.
  Mr. WARNER. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Mr. President, I ask unanimous consent that following the 
use or the yielding back of the debate time on the Byrd amendment, the 
Senate proceed to a series of stacked votes in relation to the 
following amendments: The first is the Byrd amendment; the second is 
the Nelson amendment, No. 2424; the third is the Snowe amendment, No. 
2436; provided that no second degrees be in order to the amendments 
prior to the votes; finally, that there be 2 minutes equally divided 
between the votes and that the second and third votes be limited to 10 
minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, further I hope, working in consultation 
with the distinguished ranking member, to have more votes. There is an 
outstanding Reed amendment and there is an outstanding amendment by the 
Senator from Michigan, Mr. Levin. I hope those votes will be addressed 
by the Senate not too long after the conclusion of this series of 
votes.
  Mr. President, under the order of the Senate that I asked for 
earlier, the Senator from Alaska is to be recognized.
  The PRESIDING OFFICER. The Senator from Alaska.
  (The remarks of Mr. Stevens and Ms. Murkowski are printed in today's 
Record under ``Morning Business.'')
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. What is the business before the Senate?
  The PRESIDING OFFICER. The Snowe amendment is pending.
  Mr. BYRD. The Snowe amendment to what?
  The PRESIDING OFFICER. To the Department of Defense authorization.
  Mr. WARNER. Mr. President, if the Senator would yield, we have 
already scheduled Senator Byrd's amendment at this point in time, so it 
is quite in order and timely.


                           Amendment No. 2442

       (Purpose: To establish the position of Deputy Secretary of 
     Defense for Management.)

  Mr. BYRD. Mr. President, I thank the distinguished Senator from 
Virginia, a man for whom I have great respect.
  In 1787, during the drafting of the Constitution, the Founding 
Fathers struggled with the question of how to create a government that 
would simultaneously govern and yet remain accountable to the people. 
The Framers developed a number of principles with which every 
schoolchild should be familiar: Direct and indirect representation, 
checks and balances, separation of powers.
  In addition to these great principles, the Framers were also 
insightfully pragmatic. For example, in article I, section 9, the 
Constitution gives the Congress--us, the Senate and the House, the 
Congress--the power of the purse. As Cicero said, there is no fortress 
so strong that money cannot buy it. Money cannot take it.
  That section also requires accountability for how the people's tax 
money is to be used. Here is what it says:

     . . . a regular statement and account of the receipts and 
     expenditures of all public money shall be published from time 
     to time.

  The Founding Fathers, among whom were the Framers, the Framers 
understood the importance of informing the American people about how 
their taxes are spent. However, this constitutional requirement has 
frequently clashed with the realities of the modern day bureaucracy. In 
no other Government agency, is this clash more evident than in the 
largest department, the Department of Defense, with its budget that is 
approaching half a trillion every year. How long would it take to count 
$1 trillion at the rate of one dollar per second? That is pretty fast 
counting, one dollar per second. How long would it take to count $1 
trillion at the rate of one dollar per second? Guess. What is the 
guess? Thirty-two thousand years. That would be quite a while. I 
wouldn't be around to hear the counting of $1 trillion at the rate of 
one dollar per second.
  The Department of Defense, with a budget that is approaching half a 
trillion dollars per year--that takes 16,000 years to count--is unable 
to adequately account for the funds that are appropriated to it.
  What a shame. Are you astounded? It is amazing, isn't it? That is 
astonishing.
  Despite decades of congressional scrutiny, multibillion dollar reform 
efforts and promises for progress, the Pentagon is unable to pass an 
audit of its books. How about that? The Pentagon is unable to pass an 
audit of its books. I have been saying this now for how many years, 
pretty close to 5 years that I have been saying this. Secretary 
Rumsfeld admitted it. He said he was going to do something about it.
  Dr. David Walker, the Comptroller of the United States and the head 
of the Government Accountability Office, has stated:

       Numerous management problems, inefficiencies, and wasted 
     resources continue to trouble DOD's business operations, 
     resulting in billions of wasted resources annually at a time 
     when our nation is facing an increasing fiscal imbalance.

  We ought to listen to that. That ought to get everyone on their feet. 
Stand up and take notice. He is talking about billions of dollars of 
the people's money. That is your money; your money; yes, your money; 
and your money. Turn to the four corners of the Earth, the proverbial 
four winds. It is your money that goes down the tubes each year, down 
the tubes.

[[Page 25398]]

  These billions are not being spent on training our troops. These 
billions are not being spent on providing health care for the families 
of our troops. We are talking about billions of dollars in spending 
that neither improves our national security nor returns value to the 
taxpayers. It is as if this huge amount of money vanishes into thin 
air.
  In this time of tight budgets, in this time of huge deficits, this is 
exactly the sort of Government waste the Congress needs to eliminate. 
The taxpayers cry out, even the rocks cry out.
  When Secretary Rumsfeld came before the Committee on Armed Services 
in January of 2001, I asked Secretary Rumsfeld what he was going to do 
about this. That was in 2001. What are you going to do about it? So I 
asked him what he was going to do about this. This what? This $2.3 
trillion in unsupported accounting entries that appeared in the 
Pentagon's ledgers in fiscal year 1999.
  Mr. President, $2.3 trillion is a lot of money, isn't it? I believe 
our national budget exceeded $1 trillion--when was it, may I say to the 
distinguished Senator from Virginia, when did our Government budget 
first exceed $1 trillion? I believe that was 1987; am I correct? Now, 
here we were in 1999, when I noted that there was in the Pentagon's 
ledgers, this number $2.3 trillion in unsupported accounting. Secretary 
Rumsfeld said that the accounting mess was, to use his words, 
``monumental.'' He used the word ``terrifying.'' And he said it would 
take ``a period of years,'' it would take ``a period of years to sort 
it out.'' So I said: Well, let's get started. It is past time.
  Since January 2001, the Department of Defense has made progress in 
some areas. For example, the Pentagon has been successful in reducing 
the abuse of Government-issued credit cards. But the toughest work 
remains ahead, and there are serious doubts that the Pentagon is up to 
the task of tackling these difficult problems.
  The previous Defense Department Comptroller, Dov Zakheim, set a goal 
to have the Pentagon pass its first audit by fiscal year 2007. However, 
this deadline is increasingly looking like a pipedream. Dr. Walker of 
the General Accounting Office said, earlier this year, in a hearing 
before the Armed Services Committee's Readiness Subcommittee:

       The goal for 2007 is totally unrealistic. It's not credible 
     on its face.

  How about that? That is quite astonishing. In fact, for the first 
time, the GAO listed the Defense Department's business transformation 
project on its annual list of ``high risk'' Government programs.
  Now, this should lead the Congress to question whether the Defense 
Department is moving forward in its efforts to straighten out its books 
or if it is heading into even greater financial chaos.
  Mr. President, I cry out for the American people. Oh, how they cry 
out because of the burden, the never-ending, the increasingly heavy, 
the increasingly unbearable burden. They simply can no longer afford 
the billions of wasted dollars through the Pentagon's broken accounting 
systems. That is why I offer an amendment on behalf of myself and 
Senator Akaka and Senator Lautenberg, to put the Defense Department on 
the right track to fix its broken accounting and financial management 
system. It is broken, so it needs fixing. Yes, it needs fixing. Why? 
Because it is broken.
  This amendment, which is similar to bipartisan legislation introduced 
earlier this year, would create a Deputy Secretary of Defense for 
Management to bring order to the Pentagon's bloated bureaucracy--the 
Pentagon's bloated bureaucracy. The Deputy Secretary for Management 
would be directly responsible--directly responsible--for overseeing 
reform in the areas of accounting, human resources, information 
technology, acquisition, and logistics, among others. These are the key 
areas identified by the Government Accountability Office as being most 
in need of stronger oversight. Getting these programs on the right 
track could save taxpayers billions of dollars per year by eliminating 
waste, inefficiency, and duplication--duplication, redundancy.
  Based upon the recommendations of the GAO, the Byrd-Akaka amendment 
would create a 7-year term for the Deputy Secretary of Defense for 
Management. This fixed term of service is required to ensure that the 
Pentagon lays out a single plan for reform and sticks to it--lays out a 
single program for reform and sticks to that single program for reform. 
Above all else, the Defense Department needs this sustained, high-level 
leadership if it is ever going to fix its accounting problems.
  Well, there are some critics who might argue that the Department of 
Defense already has high-level leadership concerned about financial 
management and accounting practices. Well, that is probably true. So 
what. It is, indeed, true that Secretary Rumsfeld and his Acting Deputy 
Secretary, Gordon England, both have spoken often about the importance 
of straightening out the Pentagon's books.
  But this amendment is not about the Secretary, not about the Deputy 
Secretary of Defense. If experience shows us anything, it is that 
Secretaries and Deputy Secretaries come and go, but the Pentagon's 
accounting problems remain. The Secretaries and Deputy Secretaries come 
and go, but the Pentagon's accounting problems do not go away. They do 
not go away. They remain.
  In the 15 years since the Congress passed the Chief Financial 
Officers Act of 1990, which requires every Government agency to pass a 
financial audit, the Pentagon has seen five--F-I-V-E--Secretaries of 
Defense, eight--E-I-G-H-T--Deputy Secretaries of Defense, and five--F-
I-V-E--Comptrollers. How about that. How can any major reform plan hope 
to succeed if the Department's leadership is in such a constant 
turnover, such a constant state of change?
  Plans for accounting reform have been written, written, written, and 
rewritten more times than anyone can count. Billions of taxpayer 
dollars have been spent in the vain attempt to implement a never-ending 
series of reform proposals, each one of which claims to be the plan 
that will finally straighten out the Pentagon's books. But do you know 
what. These proposals, plans, and programs just are not getting the job 
done. They do not amount to a hill of beans. They are not doing the 
work.
  In fact, just a few short weeks ago, the Department of Defense 
finished creating another revised plan to fix its accounting systems 
and inaugurated another new agency to implement the new plan. Well, 
while some may argue that this means the Pentagon is finally getting 
serious about its efforts to balance its books, I see history repeating 
itself--yes, more new plans, more new plans, more new plans, but little 
hope for success.
  Mr. President, the time has come and passed for a real shakeup of the 
Department of Defense. That giant bureaucracy needs to be tamed--needs 
to be tamed. While the Secretary and Deputy Secretary of Defense have a 
multitude of competing priorities, including their responsibility to 
oversee the military operations in Iraq and Afghanistan, the Pentagon 
needs a single official to focus on the day-to-day management of the 
Department of Defense. The Byrd-Akaka amendment creates a Deputy 
Secretary of Defense for Management to do that.
  Too much of the American people's hard-earned tax dollars are lost 
through the waste and inefficiency of the Defense Department's 
bureaucratic morass. It is time for reform. I urge my colleagues to 
support the Byrd-Akaka amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, one of the great pleasures of those of us 
who serve on the Armed Services Committee is to have the opportunity to 
work with Senator Byrd, an individual for whom I have the greatest 
respect and whose corporate knowledge of the institutions of 
Government, most particularly the institution of the U.S. Senate, is 
second to none.
  I have listened carefully to this presentation by our distinguished 
colleague from West Virginia, and I think he

[[Page 25399]]

cites, with relative accuracy, points that should be taken into 
consideration. But I would like to say to my friend, I wonder if you 
might consider an alternative approach.
  We stop to think that the Department of Defense was envisioned by the 
Key West Conference in 1947, when Harry Truman--I might say one of my 
favorite Presidents--saw the need to bring together the Departments of 
the Navy and the Army and the emerging Air Force from the glorious days 
of the Army Air Corps and put them all together, unify them, and 
eliminate, thereby, certain frictions, and so forth, that normally 
exist between the military Departments. The Department of Defense as we 
know it today was born, and James Forrestal was our first Secretary.
  This Department has served this Nation very well in the ensuing years 
since 1947. And yet, as Mr. Byrd has said very eloquently, he has 
pointed out problems associated with the enormity of the growth of 
responsibilities, the enormity of the growth of appearances required by 
the senior members of the Department before the Congress and the like.
  I think he also has in mind the British system, for which all of us 
who have dealt with that system through the years have a certain degree 
of admiration. They have a civil service sort of permanent under 
secretary structure, so as there is turnover in the top positions 
through the years, there is someone to come in and say: Well, I was 
here under the previous two secretaries and, indeed, the facts are such 
and so. It has its virtue. But I think the complexity of the problems 
you raise requires some careful study.
  Now, a subcommittee of the Armed Services Committee, under the 
distinguished chairmanship of Senator Ensign, has looked at this 
question. He will succeed me here momentarily to give his thoughts.
  I come down to this point, I say to my good friend from West 
Virginia. You start with the proposition there is no other Government 
agency or Department of our Federal system, other than the FAA--and I 
did not know that until I was prompted by your amendment to do the 
research--which has the two Deputy Secretaries or Under Secretaries, as 
the case may be. That, to me, indicates that throughout the formation 
of our Government, whether it has been under Democrat control or 
Republican control, it is a concept that has not been tried. But it 
merits careful study.
  I am wondering if the Senator from West Virginia would think of 
converting his amendment to provide for a study. Now, I do not mean to 
kick the can down the road for a year and let it disappear as a 
concept. Let's have a tight study of 90 or 120 days. Let's have it done 
by one of the Federal research centers, not the GAO because the GAO, 
frankly, has an opinion, maybe have it done by two of them, require two 
of them to do it, and report back to the Congress early next year, say 
in the February-March timeframe, such that we could hold a hearing in 
the Armed Services Committee and perhaps the Government Operations 
Committee, which has sort of plenary jurisdiction over Government 
agencies and Departments, and take a look at it. It might take root, 
and as such we would put it in as a part of next year's authorization 
bill. We could then go to our colleagues in the Senate and our 
colleagues in the other body and say: Look, we have carefully analyzed 
and studied, and this is our conclusion. I say to my good friend--not 
that I could teach him anything--knowing where the votes are, I am 
inclined to think there is probably a sufficient structure of votes 
here not to carry your amendment, and I would hate to see it lost, to 
be honest. And should it pass here, there is nothing in the House. And 
as you well know from more experience than I, that conference produces 
unpredictable results.
  This is a good idea. This idea merits very careful attention and 
study. I would be the first to cosponsor with you if you were so 
desiring of amending your pending amendment to provide for a framework 
by which this concept is studied step by step before the Congress is 
called upon to render its judgment.
  I say that with the greatest respect.
  At this point, I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, the proposal coming, as it does, from the 
distinguished chairman of the Armed Services Committee, gives me pause.
  First, I send the amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd], for himself, Mr. 
     Akaka, and Mr. Lautenberg, proposes an amendment numbered 
     2442.

  Mr. BYRD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. BYRD. Continuing, the Department of Defense has served our 
country well. But from time to time Congress has needed to make 
changes, such as the Goldwater-Nichols Act, to fix problems that have 
arisen. We know what the problem is. The Department needs someone to 
dive in and fix these accounting problems. The GAO has told the 
Congress what is needed to fix these problems. My amendment does just 
that. One more year means more money spent. One might ask the 
rhetorical question, how many more years does Congress need to wait 
before it acts? I don't slough off the proposal nonchalantly or 
``chalantly.'' I would like to think about that. Let me do just that. 
While the Senator from Nevada, Mr. Ensign, speaks, let me converse with 
the Senator from Virginia.
  Mr. WARNER. Mr. President, I thank my dear colleague. I suggest, 
indeed, as Senator Ensign has looked into this, the Senate would 
benefit from his perspective. I suggest we make this the pending 
amendment, lay it aside such that the Senate can proceed to the votes 
on the other two amendments. I don't know that there is any urgency. As 
long as it is the pending amendment, it can be brought up at any time 
the Senator from West Virginia so desires, either to be amended or 
voted in its present framework. I would be happy to yield the floor for 
the purposes of the distinguished Senator from Nevada addressing the 
Senate on this important subject and confer with the Senator from West 
Virginia briefly. I have an appointment with the British Minister of 
Defense. He is in my office. I would like to keep that for a brief 
period and then return to the floor.
  Mr. BYRD. Fine, if we could set this amendment aside until after the 
two votes. In the meantime, let the Senator from Nevada, Mr. Ensign, 
speak, and then have the amendment set aside until after the two votes. 
Meanwhile we can confer.
  Mr. WARNER. Mr. President, I ask unanimous consent then that the 
Senator from Nevada be recognized for such time as he wishes to take on 
the Byrd amendment in its present configuration at the desk and then, 
at the conclusion of the remarks of the Senator from Nevada, we proceed 
to the scheduled votes under a previous order. Then immediately 
following the last vote, this becomes the pending amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Nevada.
  Mr. ENSIGN. Mr. President, Senator Byrd has offered an amendment 
virtually identical to a piece of legislation that I brought forward 
because he has the same concerns I have. When I took over the 
chairmanship of the Readiness Subcommittee, the staff briefed me on 
various hearings that they do traditionally during the year. One of the 
hearings, the information that we got at the hearing, this piece of 
legislation was trying to address. It was the reason I drafted it, 
because I had literally the identical concerns Senator Byrd has raised 
today. Nothing he has said have I disagreed with. This happened last 
year. We used to have one of these hearings a year. I have actually 
stepped them up to every 6 months. We have a hearing tomorrow in the 
Readiness Subcommittee on this

[[Page 25400]]

very issue, as well as others on the business transformation for the 
military.
  The military is a huge bureaucracy that none of us have our arms 
around. The military doesn't have its arms around its own bureaucracy. 
There are incredible inefficiencies. The problem is, you get one person 
in; they are there for a year, maybe two. They say they are going to be 
making changes. They have been promising to make changes for years. And 
then nothing happens.
  Last year, I was ready to proceed with my legislation. I met with 
Secretary England, and he asked me for 1 year. He said: Give me a year. 
I am new in this position. Give me a year. If you are not satisfied at 
the end of that year, if we haven't made significant progress, then go 
forward with your legislation.
  I reluctantly said: OK. You are new. I liked some of the ideas he was 
laying out. He was going in the right direction. I said, reluctantly: I 
will give you the year.
  Tomorrow we are having a hearing to see at least what progress they 
have made in the last 6 to 8 months. Depending on what happens at that 
hearing--from some of the preliminary results we have received, there 
is some progress being made--we are going to delve into it much more 
deeply tomorrow, plus what we see over the next several months. If we 
are not satisfied, I will be the first person to join the Senator from 
West Virginia on this legislation next year to create this position.
  The reason I thought this was good, that it was a good idea to make 
this change, was because to have somebody focused on the business 
goings on at the Department of Defense made good common sense to me. I 
didn't want to see another layer of bureaucracy created. But with the 
Deputy Secretary of Defense, I didn't see them focused on the business 
activities. I saw them focused on warfighting activities--all well and 
good. We want them focused on that. But these other duties seem to be 
neglected at the same time.
  I commit to the Senator from West Virginia that I am absolutely 
willing to work with him on this, with the same goals in mind; that is, 
to reform our Defense Department to make it more efficient, more 
accountable, more transparent in the way that it actually performs 
business. It is never going to operate like a business, but we have to 
get it to operate more like a business than it does today.
  I think the spirit of this amendment is absolutely right. I would ask 
that we would either go the direction of what Senator Warner has 
suggested or at least wait until next spring, when we go for 
reauthorizing the Defense Department again next year, to address this 
issue, simply because I made that personal commitment to Acting Deputy 
Secretary Gordon England.
  I would be more than happy to yield back or engage in a colloquy or 
whatever the Senator from West Virginia would like at this point.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, if the Senator will yield, I have great 
respect for the Senator. I am interested in what he said. Let us confer 
a little bit and think a little bit about this during the two votes 
that are about to take place. Perhaps we can find out what the Senator 
from Nevada and the Senator from Virginia have in mind. Perhaps we can 
work out something that will be in the best interest of the country. I 
would like to think about that. I thank the Senator. Let's just hold it 
in abeyance for a little while until after the votes, and then we will 
come back to it.
  Mr. ENSIGN. I thank the Senator from West Virginia.
  Mr. President, parliamentary inquiry: If I yield the floor, we go 
directly to the votes?
  The PRESIDING OFFICER. There is 2 minutes evenly divided preceding 
the votes.
  Mr. ENSIGN. I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. NELSON of Florida. Mr. President, I defer to my distinguished 
chairman.


                           Amendment No. 2424

  Mr. WARNER. Mr. President, may I suggest the Senator go first, and 
then I would seek the opportunity for recognition to indicate that it 
is acceptable on this side. But if the Senator from Florida desires, I 
think there is good reason to have a rollcall vote as opposed to a 
voice vote.
  Mr. NELSON of Florida. Mr. President, this amendment is all about the 
painful offsets of the Department of Defense survivor benefit plan 
against the Veterans' Affairs Department's dependency and indemnity 
compensation. This offset that we have in current law mistreats the 
survivors of our military who die on active duty and also mistreats our 
100-percent disabled military retirees who purchase this benefit at the 
end of their career. It is wrong, we know it, and we are going to fix 
it. Taking care of widows and orphans is a cost of war. It is our 
solemn duty to take care of the widows and orphans.
  I thank the Chair.
  The PRESIDING OFFICER. Who yields time?
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
there be printed in the Record a number of letters from military and 
veterans groups around the country.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                 Military Officers


                                       Association of America,

                                 Alexandria, VA, November 7, 2005.
     Hon. Bill Nelson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Nelson: I am writing on behalf of the 368,000 
     members of the Military Officers Association of America 
     (MOAA) to pledge our support for your amendment, SA 2424, to 
     the FY2006 Defense Authorization Bill. Your amendment would 
     correct two major military Survivor Benefit Plan (SBP) 
     inequities by (1) ending the unfair deduction of VA survivor 
     benefits from military SBP annuities when military service 
     causes an active duty or retired member's death and (2) 
     moving up the effective date of 30-year, paid-up SBP coverage 
     from October 1, 2008 to October 1, 2005.
       MOM opposes Sen. John Warner's 2d degree amendment that 
     would simply require a study of the SBP annuity deduction and 
     drops the paid-up SBP initiative entirely.
       MOM believes another study is not required to do what's 
     right. We feel strongly that, when military service causes 
     the member's death, the VA's payment of Dependency and 
     Indemnity Compensation (DIC) should be considered just that--
     an additional indemnity for the service's role in the 
     member's untimely death. It should be added to SBP, not 
     substituted for it. Fewer than 3,500 of the 55,000 widows 
     affected by the DIC offset are eligible for the new lump sum 
     death benefit improvements leaving large numbers of survivors 
     with an annuity of only $993 per month. Only survivors 
     widowed after November 24, 2003 can transfer SBP eligibility 
     to their children--this does nothing to help older survivors 
     or those without children. Further, survivors who are 
     financially compelled to take advantage of this temporary 
     relief will be left at an even greater long-term disadvantage 
     because they must forfeit all SBP eligibility when their 
     children reach age 18. We should not be treating our 
     survivors in this manner.
       Similarly, older retirees need and deserve relief from the 
     current 2008 effective date of paid-up SBP. The delayed 
     effective date means that thousands of ``Greatest 
     Generation'' retirees who have been paying into SBP since 
     1972 will have to pay up to 36 years of premiums, and will 
     end up paying one-third more premiums than members who 
     retired after 1978.
       The time for action on your amendment is now. Failure to do 
     so would do a disservice to the thousands of survivors and 
     retirees who have waited years for relief from these two SBP 
     inequities.
       MOM is urging your colleagues, via a separate letters, to 
     vote for your SBP amendment and oppose any effort to dilute 
     or defer action on these long-overdue fixes for military 
     widows and ``Greatest Generation'' retirees.
           Sincerely,
     Norbert R. Ryan, Jr.
                                  ____



                             The Retired Enlisted Association,

                                 Alexandria, VA, November 7, 2005.
     Re: SA 2424 ending the SBP/DIC offset.

     Hon. Bill Nelson,
     U.S. Senate,
     Washington DC.
       Dear Senator Nelson: The Retired Enlisted Association 
     (TREA) is writing to

[[Page 25401]]

     strongly support your efforts to include amendment SA 2424 in 
     the NDAA. Your amendment would finally correct the SBP's 
     programs remaining deficiencies. It would end the unfair 
     dollar-for-dollar DBP/DIC Offset and it would move up the 
     paid up provisions of SBP to October 1, 2005. These are 
     improvements that have been long in coming.
       TREA is a nationwide VSO whose members served a career in 
     the enlisted ranks and their spouses and survivors. Both 
     provisions of your Amendment would greatly improve the 
     situation of numerous of our members.
       TREA knows how hard you and your staff have worked on this 
     issue. And now that success seems close at hand the ``DOD's 
     opposition paper'' is presented to the Senate. It is 
     incorrect. TREA is, of course, well aware of both the 
     mentioned substantial improvements in death benefits and the 
     improvements in the basic SBP plan that were adopted last 
     year. And we were very grateful for both actions. However 
     these improvements do not help the vast majority of military 
     widows who suffer under this offset.
       Most of these widows' military spouses were seriously 
     disabled in the service of their country. When they retired 
     they enrolled in SBP (commercial plans not being an option 
     for them due to their disabilities.) They now pay 6\1/2\ 
     percent of their retired pay to protect their loved ones from 
     being left penniless if they died of a non service connected 
     disability.
       But when they died of their service connected disability 
     their survivors suffer a dollar for dollar offset on their 
     SBP for their DIC. All their planning and financial sacrifice 
     is ineffective due to the offset. The improvements in the SBP 
     payments made last year do not help them. The active duty 
     death improvements do not help them. These ladies are not 
     helped by any of the changes Congress has made in the last 
     few years. They should not be forgotten.
       Many of TREA's members' survivors are harmed by this 
     offset. They, like their Service member spouse dedicated 
     their lives to the service of their country. They then 
     dedicated their lives to caring for their disabled spouses. 
     Their service should be acknowledged.
       Your Amendment would also move up the paid up provisions to 
     the beginning of this fiscal year. This would help elderly 
     military retirees who have been paying into SBP for at least 
     30 years and who are at least 70 years old. In 2008 the paid 
     up provisions will kick in but many will be paying 6 more 
     years than intended. They have surely paid in a great deal 
     more into SBP than their spouses will ever receive and your 
     change can allow these dedicated men and women to live with a 
     bit more comfort the next few years.
       Again, TREA wishes to thank you and your staff for your 
     dedicated work to support the men and women who dedicated 
     their lives to the service of America's Military. We strongly 
     support your efforts to have SA 2424 included in this year's 
     NDAA.
           Sincerely,
                                           Deirdre Parke Holleman,
     National Legislative Director,
                                  ____

                                                 National Military


                                           Family Association,

                                 Alexandria, VA, November 7, 2005.
     Hon. Bill Nelson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Nelson: On behalf of the National Military 
     Family Association (NMFA) and the military families it 
     serves, I thank you for introducing Senate Amendment 2424 to 
     S. 1042, the FY 2006 National Defense Authorization Act. This 
     amendment provides for certain fixes to the Survivor Benefit 
     Plan (SBP). The survivors of servicemembers killed on active 
     duty and those of military retirees, who died of service-
     connected injuries or illnesses, deserve the financial 
     stability that would be provided through the provision to end 
     the Dependency and Indemnity Compensation (DIC) offset to 
     SBP. In addition elderly retirees, who have paid into SBP for 
     more than thirty years, deserve relief now instead of paying 
     additional premiums until 2008.
       As we have stated in Congressional testimony this year, 
     NMFA believes that ending the DIC offset to SBP is essential 
     in protecting both the long and short-term financial security 
     of military survivors, especially those of career 
     servicemembers. Many of these survivors find their monthly 
     family income decreases substantially following the 
     servicemember's death, due in large part to the DIC offset to 
     SBP. Widows of retirees, who die of service-connected 
     illnesses or injuries, also experience a decrease in their 
     benefit income following the retiree's death. In recent 
     years, Congress has ended the VA disability pay offset of 
     military retired pay for retirees with a VA disability rating 
     of 50 percent and higher and provided for the phase-out of 
     the age-62 offset to SBP. Full receipt of both SBP and DIC is 
     just as important to survivors as full concurrent receipt of 
     VA disability pay and military retired pay has been to 
     retired servicemembers. The DIC offset to SBP affects the 
     most vulnerable members of our military community: the 
     surviving spouses of those who have given their lives for our 
     country. While surviving spouses of active duty deaths, who 
     are affected by the offset, have the option of choosing 
     child-only SBP, they do so knowing their DoD SBP benefits 
     will end as soon as their child reaches adulthood. Child-only 
     SBP payments do not compensate for the lost income caused by 
     the DIC offset.
       We thank you for your efforts to protect the financial 
     security of military families by sponsoring this legislation 
     to eliminate the DIC offset of SBP. Military families today 
     are called upon to make extraordinary sacrifices. Survivors 
     have made the ultimate sacrifices. Thank you for your work to 
     ensure our Nation provides the full benefits due them in 
     recognition of that sacrifice.
           Sincerely,
                                               Candace A. Wheeler,
     Chairman/Chief Executive Officer.
                                  ____

                                              National Association


                                       for Uniformed Services,

                                Springfield, VA, November 7, 2005.
     Hon. Bill Nelson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Nelson: On behalf of the nearly 200,000 
     members and supporters of the National Association for 
     Unifonned Service (NAUS), I would like to offer our full 
     support for your amendment to S. 1042, the fiscal year 2006 
     National Defense Authorization Act, that would correct two 
     important inequities faced by our military widows and our 
     military retirees.
       Your amendment would 1.) end the unfair dollar-for-dollar 
     deduction of the Defense Department's Survivor Benefit Plan 
     against the Veterans Department's Dependency and Indemnity 
     Compensation; and 2.) accelerate the effective date of paid-
     up SBP coverage to October 1, 2005 from October 1, 2008.
       Many military members and retirees have paid for SBP and 
     have the most obvious of expectations to receive what was 
     paid for. Surprisingly, that's not what happens. Under 
     current law, SBP is reduced one dollar for each dollar 
     received under DIC. In some cases survivors of retirees, upon 
     eligibility for DIC, lose a majority--or all too often--the 
     entire amount of their monthly SBP annuity.
       NAUS also strongly opposes any effort to postpone an up-or-
     down vote on your amendment. In this regard, we oppose Sen. 
     John Warner's 2nd degree amendment that would send the SBP 
     issue to the Veterans Disability Benefits Commission for 
     further study. Frankly, we are deeply disappointed in efforts 
     to postpone doing what is right for military widows and 
     orphans and older veterans who have paid SBP premiums in some 
     cases for well over 30 years.
       NAUS believes this matter already has been studied, 
     restudied, examined and re-examined. No further study is 
     required. Now is the time to act. And we urge you and your 
     colleagues to do the right thing.
           Sincerely,
                                                       Rick Jones,
     NAUS Legislative Director.
                                  ____

                                                Association of the


                                           United States Army,

                                  Arlington, VA, November 7, 2005.
     Hon. Bill Nelson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Nelson: On behalf of the more than 100,000 
     members of the Association of the United States Army (AUSA), 
     I am writing to reinforce our support for your Survivor 
     Benefit Plan (SSP) amendment (SA#762) to the Defense 
     Authorization Bill. AUSA strongly opposes any effort to 
     dilute or delay action on the fixes it proposes to the 
     military SBP.
       We understand that Senator Warner plans to introduce a 
     ``second-degree'' amendment on Monday, 7 November, that would 
     nullify your initiative to (1) end the unfair deduction of VA 
     benefits for service-connected deaths from military 
     survivors' SBP annuities and (2) accelerate the 2008 
     effective date for 30-year paid-up SBP coverage that now 
     makes ``Greatest Generation'' retirees pay one-third more SBP 
     premiums than similar servicemembers who retired since 1978.
       The Warner amendment would drop any reference to the paid-
     up SBP fix and merely call for a study of the survivors' 
     issue. Action on the two inequities in SA#762 is already long 
     overdue, and military retirees and survivors need action to 
     fix them now, rather than more delays, studies, and 
     deferrals.
       AUSA stands firm in support of your SBP amendment and 
     opposes any and all efforts to dilute, defer, or nullify it.
           Sincerely,
                                               Gordon R. Sullivan,
     General, USA Retired.
                                  ____



                              Air Force Sergeants Association,

                               Temple Hills, MD, November 7, 2005.
     Hon. Bill Nelson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Nelson: On behalf of the 130,000 members of 
     the Air Force Sergeants Association, I thank you for 
     introducing Senate Amendment 2424 to S. 1042, the FY 2006 
     National Defense Authorization Act.
       This amendment would end the Dependency and Indemnity 
     Compensation (DIC) offset to SBP. These spouses of military 
     members also served their nation, facing the rigors of that 
     lifestyle, constantly being aware

[[Page 25402]]

     that their military spouse has agreed to the ultimate 
     sacrifice. It is important to keep our Nation's promises to 
     those who have served and sacrificed for our freedoms. That 
     includes taking care of their survivors.
       We are especially pleased that your amendment would 
     accelerate the implementation date of the ``age 70, 30 years 
     paid up'' provision from October 1, 2008, to October 1, 2005. 
     This group of elderly retirees has been paying into SBP for 
     more than thirty years. Without question, they deserve the 
     immediate relief your amendment would provide.
       During times of war it is importaut that a nation 
     communicate its sincerity to take care of its service 
     members. AFSA appreciates your leadership on this issue. 
     Please let us know what we can do to help you advance this 
     important legislation.
           Sincerely,

                                             James E. Lokovic,

                         Deputy Executive Director and Director of
     Military & Government Relations.
                                  ____



                                                       EANGUS,

                                 Alexandria, VA, November 7, 2005.
     Hon. Bill Nelson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Nelson: On behalf of the enlisted men and 
     women of the Army and Air National Guard, we thank you for 
     offering an amendment to the FY 2006 National Defense 
     Authorization Act (NDAA) to address current inequities in the 
     military Survivor Benefit Plan (SBP) program.
       Your amendment will address the current dollar for dollar 
     deduction of VA benefits for service-connected deaths from 
     the survivors' SBP annuities. In the case of service members 
     killed on active duty, a surviving spouse with children can 
     avoid the dollar-for-dollar offset only by assigning SBP to 
     her children. For retired members, we support your view that 
     if military service causes a retired member's death, the 
     Dependency Indemnity Compensation (DIC) the VA pays the 
     survivor should be added to the SBP benefits the retiree 
     bought and paid for, not substituted for them.
       The Enlisted Association of the National Guard of the 
     United States strongly supports your amendment to address 
     these concerns. If I can be of further assistance, please 
     don't hesitate to contact us.
       Working for America's Best!
                                                 Michael P. Cline,
     Executive Director.
                                  ____

                                                Uniformed Services


                                            Disabled Retirees,

                                 Las Cruces, NM, November 4, 2005.
       Dear Senators: No bombastic prose, so let's cut to the 
     chase. Please pardon the lack of formal addressing as this is 
     being faxed to all 100 of you United States Senators.
       Today, I learned that Sen. John Warner, Chairman of the 
     Senate Armed Services Committee, will offer an amendment to 
     the FY2006 Defense Authorization Sill that would defer action 
     on two top USDR legislative goals for 2005--fixing two 
     significant inequities concerning the military Survivor 
     Benefit Plan (SBP).
       Current law reduces SBP for survivors of members whose 
     death was caused by military service. In those cases, the 
     survivor is entitled to an annuity from the VA (currently 
     $993 a month for a spouse), and the SBP payment is reduced by 
     that amount. In other words, this is a ``widow's tax'' 
     because it wipes out the SBP annuity. USDR believes that, if 
     military service causes the member's death, the VA indemnity 
     payment should be added to SBP, not substituted for it.
       The other SBP inequity affects older retirees already 
     enrolled in SBP. Congress passed a law in 1998 authorizing 
     paid-up SBP coverage for retirees who have attained age 70 
     and paid SBP premiums for 30 years (360 payments). This would 
     allow such retirees to stop paying premiums while retaining 
     coverage for their spouses. But Congress delayed the 
     effective date of that law until October 1, 2008, which 
     thousands of retirees who enrolled in SBP in 1972 will have 
     to pay premiums for 36 years--and end up paying about one-
     third more SSP premiums than similar members who retired 
     after 1978.
       Sen. Warner's amendment would negate an amendment proposed 
     by Sen. Bill Nelson (D-FL) to end these two major SSP 
     inequities as of October 1, 2005. The Warner amendment would 
     cancel Sen. Nelson's proposals entirely and substitute 
     language calling for a study of the VA/SBP issue. Dare say I 
     that this is so much Equine Scatology?
       These issues have been studied ad nauseum. There is no 
     further need for more impotent studies. There is need for 
     affirmative action.
       Please vote NO on any amendments to study, delay, or cancel 
     Sen. Nelson's proposed amendments to correct this gross 
     inequity heaped upon our widows.
                                                 Charles D. Revie,
      Legislative Director.
                                  ____



                            Commissioned Officers Association,

                                   Landover, MD, November 7, 2005.
     Hon. Bill Nelson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Nelson: I am writing to support your SBP 
     amendment (SA #762) to the 2006 Defense Authorization Bill. 
     The Commissioned Officers Association of the U.S. Public 
     Health Service most strongly opposes any effort to dilute or 
     delay action on the fixes it proposes to the military 
     Survivor Benefit Plan.
       This Association is firmly opposed to Senator Warner's 
     plans to introduce a ``second-degree'' amendment on Monday, 7 
     November, that would nullify your initiative to (1) end the 
     unfair deduction of VA benefits for service-connected deaths 
     from military survivors' SBP annuities and (2) accelerate the 
     2008 effective date for 30-year paid-up SBP coverage that now 
     makes ``Greatest Generation'' retirees pay one-third more SBP 
     premiums than similar servicemembers who retired since 1978.
       Action on these two inequities is already long overdue and 
     uniformed service retirees and survivors need action to fix 
     them now, rather than more delays, studies, and deferrals.
       COA and the entire Military Coalition urge you to stand 
     firm with your SBP amendment and oppose any and all efforts 
     to dilute, defer, or nullify it
           Sincerely,
                                                Gerard M. Farrell,
                                               Executive Director.

  Mr. JEFFORDS. Mr. President, I wish to express my support of Senator 
Bill Nelson's amendment to improve benefits for the survivors of 
America's servicemembers. This is a very important amendment that 
deserves the Senate's support.
  Under current law, annuity payments received under the survivor 
benefit plan are reduced, dollar for dollar, by benefits received from 
the VA's dependency and indemnity compensation program.
  This is not fair. Servicemembers pay into the survivor benefit plan 
and they expect that their surviving spouse and children will receive 
these benefits upon their death. But if the servicemember's surviving 
spouse is also entitled to dependency and indemnity compensation, then 
the benefits of the survivor benefit plan are significantly reduced.
  Families who have lost a servicemember often face a very difficult 
future. Military death benefits are a significant help but often fall 
far short of providing for a secure future for a family. To further 
reduce a family's income by offsetting survivor benefit plan benefits 
seems cruel. This amendment would end this offset. It is imperative 
that we do so now.
  Enactment of this amendment would also correct another injustice. 
Congress has authorized military retirees who reach 70 years of age and 
who have paid survivor benefit plan premiums for at least 30 years to 
retain coverage while ceasing any further premium payments. 
Unfortunately, the effective date of this provision has been pushed out 
to October 1, 2008. This forces retirees to continue paying these 
premiums, even though, in some instances, they have been paying 
premiums for 36 years. This amendment would remove this unfair 
requirement and allow military retirees who have paid great amounts 
into their annuity plan to cease their payments after 30 years, just as 
Congress intended.
  Passage of this amendment is urgent. The families of deceased 
servicemembers are dealing with a great deal of stress. They need the 
financial benefit provided by this amendment. Military retirees, 
likewise, deserve the relief now that Congress intended to give them.
  It has been suggested that we postpone action on this matter until 
after the Commission on Veterans' Disability Compensation can study the 
larger issue of disability compensation. While the work of the 
Commission is very important, it is clear to me that the benefits 
provided by this amendment are of paramount importance and should not 
wait for the conclusion of a more exhaustive study of the disability 
compensation system. We must stand four-square behind those who have 
given their life for their country and behind those who have served 
their country for their entire career.
  I urge my colleagues' support for the Nelson amendment.
  Mr. LEVIN. Mr. President, I ask unanimous consent that I may proceed 
for 2 minutes in support of the amendment.
  The PRESIDING OFFICER. Is there objection? The Chair hears none, and 
it is so ordered. The Senator from Michigan is recognized.
  Mr. LEVIN. I thank the Chair.
  I commend the Senator from Florida. He has been a passionate 
supporter of

[[Page 25403]]

this cause for so long. He has had some success but not the full 
success which he deserves and which the widows and orphans in this 
country deserve and which the survivors and our disabled people in this 
country deserve, people who have given so much. So I want to add my 
voice in support. I think a strong vote will make the Senate more able 
to maintain this position in conference with the House.
  I congratulate and thank the Senator from Florida, Mr. Nelson, for 
his tenacity on this issue.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I again join my colleague from Michigan 
and our distinguished colleague, a member of the committee. As the 
Senator says, it is all about veterans, and this is a most deserving 
class. This is the group that has done a minimum of 20 years, and a 
loyal spouse that has gone through all of the challenges that face 
families in career military service.
  This is something that has been studied in the Congress for a very 
long time. It is the subject of a study now. As a matter of fact, it is 
going to be the centerpiece of a study. As you know, Mr. President, we 
have the commission on the future of the Guard and Reserve and 
retirees, and so forth, constituted by the Congress, which has now had 
its first meeting.
  So I urge colleagues on this side of the aisle to follow my lead and 
support the amendment of the Senator from Florida.
  There was a time in which I thought I would try to work on a second-
degree amendment. In consultation with a wide range of my colleagues 
who have expressed strong support, as I have, we decided not to do 
that. And then there was the thought about, you know, it is a technical 
thing under the Budget Act. But I don't think it is appropriate to go 
through that exercise.
  So I suggest to all Members of the Senate to give a ringing 
endorsement to this amendment, and I will be among those to cast the 
first ``yea'' vote.
  Again, I congratulate my colleague.
  Mr. NELSON of Florida. I thank the Senator.
  Mr. WARNER. Mr. President, under regular order, if the yeas and nays 
have not been ordered, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The yeas and nays were ordered.
  Mr. LEVIN. Mr. President, do we have two votes now scheduled?
  Mr. WARNER. We do.
  I think perhaps we should ask for the yeas and nays on the Snowe 
amendment at this time.
  Mr. LEVIN. Will that be a 10-minute vote?
  Mr. WARNER. That will be a 10-minute vote on that amendment.
  The PRESIDING OFFICER. Without objection, it is in order to request 
the yeas and nays on the amendment at this time.
  Is there a sufficient second? There appears to be a sufficient 
second.
  The yeas and nays were ordered.
  Mr. WARNER. Under the original order, we were to have the Byrd 
amendment which would experience the full length of time for an 
amendment. This was subject to 10 minutes. I think we had better 
reconstitute that UC to say that this amendment will be given the full 
15 minutes, the Snowe amendment to have the 10 minutes.
  The PRESIDING OFFICER. Is there objection?
  Mr. LEVIN. Reserving the right to object, and I will not, of course, 
has the Byrd amendment either been adopted--
  Mr. WARNER. It is laid aside temporarily to come up at the conclusion 
of the Snowe amendment. And then, of course, prior to the Senate 
addressing a vote on the Snowe amendment, there will be 2 minutes for 
each side to address that amendment. I thank the Chair.
  The PRESIDING OFFICER. The question is on agreeing to the amendment. 
The yeas and nays have been ordered. The clerk will call the roll.
  The bill clerk called the roll.
  Mr. McCONNELL. The following Senator is necessarily absent: the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 93, nays 5, as follows:

                      [Rollcall Vote No. 307 Leg.]

                                YEAS--93

     Akaka
     Alexander
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Warner
     Wyden

                                NAYS--5

     Allard
     Coburn
     DeMint
     Sessions
     Voinovich

                             NOT VOTING--2

     Corzine
     McCain
       
  The amendment (No. 2424) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. SCHUMER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2441

  Mr. REID. Mr. President, I have an amendment that I send to the desk.
  The PRESIDING OFFICER. Is there objection to the consideration of the 
amendment?
  Mr. WARNER. Mr. President, there is no objection. We have examined 
the amendment. It is a technical amendment that is needed by the 
Department of Defense to administer this program and the Department of 
Veterans Affairs.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2441.

  Mr. REID. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To provide that veterans with service-connected disabilities 
  rated as total by virtue of unemployability shall be covered by the 
 termination of the phase-in of concurrent receipt of retired pay and 
        veterans disability compensation for military retirees)

       At the appropriate place in title VI, add the following:

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

       (a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, 
     United States Code, is amended by inserting ``or a qualified 
     retiree receiving veterans' disability compensation for a 
     disability rated as total (within the meaning of subsection 
     (e)(3)(B))'' after ``rated as 100 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on December 31, 2004.

  Mr. REID. Mr. President, I rise today on behalf of our Nation's 
veterans to once again discuss the unfair, outdated policy of 
``concurrent receipt.'' It is an issue I have talked about on this 
floor many times.
  Concurrent receipt is a policy which prevents veterans from receiving 
the full pay and benefits they have earned. Many Senators have joined 
me in fighting this policy over the years, and we have made some 
progress on behalf of our veterans.

[[Page 25404]]

  In 2003, the Congress passed legislation which allowed disabled 
retired veterans with at least a 50 percent disability rating to become 
eligible for full concurrent receipt benefits over a 10-year period. 
This was a significant victory that put hundreds of thousands of 
veterans on the road to receiving both their retirement and disability 
benefits.
  Last year, we made a little more progress. I joined with Senator 
Levin and others, and we were able to eliminate the 10-year phase in 
period for the most severely disabled veterans, those with a 100 
percent disability rating.
  As we noted at that time, the 10-year waiting period is particularly 
harsh for these veterans, some of whom would not live to see their full 
benefits restored over the 10-year period, and others who could not 
work a second job and were in fact considered ``unemployable.'' So we 
passed legislation to end the waiting period and provide some relief to 
these deserving, totally disabled veterans.
  Unfortunately, as I noted on this floor a few months ago, the 
administration has failed to implement our legislation. Instead of 
eliminating the waiting period for veterans who are 100 percent 
disabled, they have eliminated it only for some.
  They have created two categories of disabled veterans. If you are 
rated as ``totally disabled,'' you do not have to wait. You get 100 
percent of your benefits today. But if you are rated as 
``unemployable,'' you still have to wait.
  This is not what we intended when we passed legislation last year. 
And earlier in this session, a number of Senators and I sought to 
correct this disparity.
  We passed a sense of the Senate resolution that clearly expressed our 
intentions: all completely disabled veterans should have their benefits 
restored immediately. This was not an attempt to make law, but merely 
to express what my colleagues on both sides of the isle intended when 
we passed legislation last year.
  Unfortunately, the majority-controlled conference committee removed 
this resolution. So today, veterans rated as ``unemployable'' continue 
to face this delay.
  This is not a partisan issue. These veterans do not have 10 years to 
wait for the full phase in of their benefits. It is time for the 
administration to stop playing games and start honoring these veterans 
service.
  For all other purposes, both the VA and the Defense Department treat 
``unemployables'' exactly the same as those with a ``totally disabled'' 
ratings.
  In fact, these unemployables must meet a criterion that not even the 
100 percent-rated disability retirees have to meet. They are certified 
as unable to work because of their service-connected disability. The 
administration pays equal combat-related special compensation to both 
categories.
  Yet, the administration is discriminating unemployables and 100 
percent disabled retirees with non-combat disabilities in flagrant 
disregard for the letter of the law as interpreted its own legal 
counsel.
  So once again, I rise on these veterans' behalf. Today I introduce 
amendment No. 2441, legislation which explicitly ends the 10-year 
waiting period for the most disabled veterans.
  The time to act is now.
  I hope my Republican colleagues will join me in supporting this bill. 
These veterans have faced arbitrary discrimination long enough. We must 
pass this legislation, so that these veterans can get the benefits they 
deserve.
  THE PRESIDING OFFICER. If all time is yielded back, the question is 
on agreeing to the amendment.
  The amendment (No. 2441) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2436

  Mr. WARNER. Mr. President, we will now return to the vote on the 
Snowe amendment, am I correct?
  The PRESIDING OFFICER. The Senator is correct. There are 2 minutes 
evenly divided.
  Mr. WARNER. Have the yeas and nays been ordered?
  The PRESIDING OFFICER. Yes, they have.
  The Senator from Maine.


                    Amendment No. 2436, as Modified

  Ms. SNOWE. Mr. President, I ask unanimous consent to modify my 
amendment with the changes at the desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment will be so modified.
  The amendment (No. 2436), as modified, is as follows:

       On page 5, after line 16, insert the following:
       (e) No Effect on Certain Property Interests.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to affect any reversionary interest, remainder 
     interest, executory interest, right of entry, or possibility 
     of reverter held in real or personal property at a military 
     installation closed or realigned under the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).

  Mr. SNOWE. Mr. President, the amendment that I and Senator Collins 
have offered, which is cosponsored by Senators Wyden, Corzine, and 
Landrieu, would require that, when making determinations concerning the 
transfer of property at installations to be closed or realigned under 
the current BRAC round, the Secretary of Defense must first offer that 
property to the affected communities--and if they accept the offer--
transfer it to those communities free of cost.
  It is a perverse situation when communities that have already 
contributed toward the more than $200 billion spent on the war in 
Iraq--$28.5 billion of which was spent on redevelopment efforts in that 
country--and now face base realignments or closures--are being told 
that, if they want property for economic recovery, they will have to 
buy it at fair market value.
  Our communities should be in the driver seat concerning their 
economic development, but that is not what current statute allows--
instead, putting these irrevocable decisions in the hands of the 
Department of Defense. Our amendment puts the priority where it 
belongs--with our towns and cities, not a Federal bureaucracy.
  Now, some have argued the amendment would change a time-tested 
framework of laws that dictate how properties should be transferred 
following a base closure or realignment and that ensure that all base 
rounds are treated consistently. I say Defense Base Closure and 
Realignment Act is not sacrosanct--it has changed many times in the 
past--and will again. In fact, for the first time ever, the Secretary 
of Defense is mandated to seek fair market value, in the case of an 
economic development conveyance to a community for redevelopment 
purpose. Now that's a change that should engender concern!
  Opponents also expressed concerns that the amendment would in some 
way affect existing reversionary interests in deeds, which provide that 
upon a closure or realignment, installation property would revert back 
to a community interest. We have modified it today, clarifying that 
nothing in the amendment shall be construed to affect any reversionary 
interest in property at the installation.
  As for protecting the pre-existing rights of Native Americans my 
friend and colleague, Senator Warner, was correct in noting that my 
amendment contains a provision explicitly retaining those rights.
  Additionally, the amendment would not inhibit various military or 
Federal agency uses of this property--or impede public benefit 
transfers for schools or parks. Communities would retain the ability to 
proceed with such opportunities, if they deem them beneficial. 
Conversely, if there is a use that a community drastically opposes, 
like an oil refinery prison--it should have the ability to oppose it . 
. . which the amendment allows. Still, the amendment does contain an 
exception providing the Secretary of Defense the authority to make 
transfers in the national security interest of the United States.
  Finally, to suggestions that base property is owned by the entire 
nation,

[[Page 25405]]

and that it is not necessarily fair to provide it to affected 
communities, I could not disagree more.
  According to the Government Accountability Office, the DoD has saved 
as a result of BRAC closures--about $28.9 billion in net savings 
through fiscal year 2003 from the prior four closure rounds, and is 
projected to save $7 billion annually thereafter. While the entire 
Nation can financially benefit from these savings associated with BRAC 
closures, it is crucial to note that the negative impacts of base 
closures are disproportionately and unfairly borne by the communities 
where bases have closed. That is why it is a responsible course of 
action for the government to provide these communities with the tools 
and resources, such as required no-cost economic development 
conveyances, needed to recover from a closure.
  The modification to the amendment that I offered yesterday would 
address the concerns raised about whether my amendment would have 
changed reversionary interests in deeds, which would provide that upon 
closure and realignment, installation property would revert back to a 
community interest. We have modified it today, clarifying that nothing 
in the amendment shall be construed to affect any reversionary interest 
in property at the installation, and that was to address some of the 
concerns raised with respect to my amendment.
  To remind Members, the amendment I am offering today, on behalf of 
myself, Senator Collins, Senator Lott, Senator Landrieu, Senator Wyden, 
and Senator Corzine, would allow for the free transfer of closed 
military bases to communities directly affected rather than allowing 
the Secretary of Defense to demand fair market value.
  The PRESIDING OFFICER (Mr. Alexander). The Senator's time has 
expired.
  Who yields time in opposition?
  Mr. WARNER. Mr. President, I speak in strong opposition to this 
amendment. I thank the Senator from Maine for accepting a number of the 
problems that I described yesterday, but there still exists an enormous 
number of problems associated with this amendment.
  For 16 years and five BRAC rounds, we have tried, in an equitable 
way, to work with the communities and return these properties. On 
occasion, they have been sold and funds given to the Department of 
Defense, put in an escrow account in the Treasury for expenditure of 
cleanup of other sites and associated costs connected with the transfer 
of properties and the conclusion and implementation of the BRAC 
decisions. This would wipe out that whole framework of legislation that 
has been passed by this body and has effectively worked for the 
communities for all of these years. We simply cannot, at this point in 
time, accept this type of change in our statutory framework as a matter 
of equity.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I too object to the amendment. It is 
inflexible. It provides no possibility that no matter how valuable----
  The PRESIDING OFFICER. The Senator's time has expired.
  The question is on agreeing to the amendment.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announcd--yeas 36, nays 62, as follows:

                      [Rollcall Vote No. 308 Leg.]

                                YEAS--36

     Bayh
     Bond
     Cantwell
     Clinton
     Coleman
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Gregg
     Hagel
     Harkin
     Hutchison
     Inouye
     Jeffords
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Lincoln
     Lott
     Mikulski
     Murray
     Obama
     Pryor
     Roberts
     Schumer
     Smith
     Snowe
     Stabenow
     Sununu
     Talent
     Thune
     Vitter
     Wyden

                                NAYS--62

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bennett
     Biden
     Bingaman
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Carper
     Chafee
     Chambliss
     Coburn
     Cochran
     Cornyn
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Hatch
     Inhofe
     Isakson
     Johnson
     Kennedy
     Kyl
     Leahy
     Levin
     Lieberman
     Lugar
     Martinez
     McConnell
     Murkowski
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Sessions
     Shelby
     Specter
     Stevens
     Thomas
     Voinovich
     Warner

                             NOT VOTING--2

     Corzine
     McCain
       
  The amendment (No. 2436), as modified, was rejected.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Mr. President, I understand we will now proceed to a 
brief colloquy between colleagues on both sides of the aisle with 
regard to the Levin amendment. That colloquy should, in total, not 
exceed about 10 or 11 minutes, and then we will proceed to a rollcall 
vote. At this time, shall we ask for the yeas and nays on the Levin 
amendment?
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The Senator from Michigan is recognized.
  Mr. LEVIN. Mr. President, I talked to the manager, the chairman of 
the committee, about this. I ask unanimous consent there be 6 minutes 
allotted on our side in support of the amendment and that 3 minutes be 
allotted to the Senator from Virginia and that we then vote by no later 
than 25 to 6.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, may I remind colleagues we will try to 
maintain this as a 15-minute vote because thereafter we have a vote on 
the amendment of the Senator from Rhode Island and we want not to 
inconvenience several Members who have very legitimate reasons to not 
be present after these two votes.
  Mr. BYRD. Mr. President, I was hoping we would have a vote on the 
amendment which I had offered earlier, or in relation thereto, a 
rollcall vote.
  Mr. WARNER. On our side, we would be happy to accommodate that vote 
following the vote on the amendment of the Senator from Rhode Island.
  Mr. LEVIN. Is it my understanding the Senator from West Virginia 
would accept a voice vote?
  Mr. BYRD. No.
  Mr. WARNER. I want to make it known now that the Senator from West 
Virginia has substantially revised his amendment in accordance with 
recommendations, if I may say with a sense of humility, that I made. He 
fully adopted those. I am going to support the amendment strongly, so 
it should be a very swift vote. No further debate would be required 
except for maybe a minute for you and a minute for me.
  Mr. BYRD. Will that occur this day?
  Mr. WARNER. Mr. President, I ask unanimous consent that following the 
10-minute vote on the matter raised by the Senator from Rhode Island 
that we proceed to a third vote of 10 minutes on the amendment of the 
distinguished Senator from West Virginia.
  The PRESIDING OFFICER. Is there objection?
  Mr. LEVIN. Reserving the right to object, I wonder if the Senator 
from West Virginia would modify that so that the vote on the Byrd 
amendment would come immediately after the vote on my amendment and 
then we would proceed to the vote on the Reed-Levin amendment?
  Mr. WARNER. I have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Michigan.


                           Amendment No. 2430

  Mr. LEVIN. I ask unanimous consent that Senators Lautenberg, 
Feinstein,

[[Page 25406]]

Biden, and Akaka be added as cosponsors of amendment No. 2430.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEVIN. Mr. President, this is an amendment that would create an 
independent commission that would look into allegations of detainee 
abuses. I yield myself 2 minutes and then I will yield 2 minutes to the 
Senator from Delaware and then 2 minutes to the Senator from Illinois, 
if he is here.
  There are major gaps in the investigation which has taken place so 
far. We have heard a lot about the number of hearings that have been 
held. We have heard that 12 major investigations have taken place, 30 
open hearings, 40 closed hearings, and so forth. None of the hearings, 
none of the investigations, have gotten to five areas. These are huge 
gaps, and we cannot sweep these gaps under the rug.
  No. 1, none has looked at the role of the intelligence community, the 
CIA role, secret prisons, ghost detainees. It is a huge area which 
needs to be focused on.
  No. 2, the Government policy on renditions, there has been no review 
of this.
  No. 3, the role of contractors, there has been no investigation of 
the role of contractors.
  No. 4, the legality of interrogation techniques, there has been no 
assessment of the legality of interrogation techniques.
  There are two memos we have not been able to obtain that an 
independent commission with subpoena power could obtain, the second so-
called Bybee memo and the March 3 memo from Mr. Yoo to the Department 
of Defense. They set forth what is allowed in terms of interrogation 
techniques. We cannot get those memos. An independent commission, a 
bipartisan commission based on the 9/11 model, could get those memos. 
They are critically important. And there are additional outstanding 
document requests which have been ignored.
  This matter cannot be swept under the rug. No matter how many 
hearings have been held, there are major gaps that exist in reviewing 
this matter. We owe it to our troops, the men and women who wear the 
uniform for the United States, that we get the full picture and get it 
behind us. That is what is essential to restore the credibility of this 
Nation as well as to support the men and women who someday may be 
captured by our enemy, and we sure don't want any enemy of ours to ever 
cite that we ignored the violations that apparently have existed.
  I now yield 2 minutes to the Senator from Illinois and then 2 minutes 
to the Senator from Delaware.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. I rise in strong support of this amendment, and I am 
honored to be an original cosponsor.
  We owe this to our troops. Anyone who came to the Chamber and heard 
the speech given by Senator John McCain about an amendment which he 
offered to the Defense appropriations bill will understand it was a 
historic statement. Senator McCain, a prisoner of war in Vietnam and a 
person who was the victim of torture, said it was imperative that we 
make it clear to our troops what the standard of conduct would be.
  What Senator Levin has done is to call together an inquiry as to 
whether we have violated this standard in the past and what the 
standard will be for the future. When we receive correspondence from 
our troops, who are risking their lives for America today, begging us 
to not only stand up for American values but to do it with clarity, we 
owe them that responsibility.
  When the President announces in South America that we are opposed to 
torture while the Vice President is carving out exceptions for torture 
in legislation before Congress, there is no clarity.
  Senator Levin and his leadership will bring us to clarity and to 
honesty, consistent with the American values which our troops are 
fighting to defend.
  I yield the floor.
  Mr. BIDEN. Mr. President, back in January I used a similar amendment 
for the first bill I introduced this year. There is a simple reason for 
it: It is more clear it is needed now. We have to take this out of 
politics. As long as we are involved, we will argue this about 
Democrat-Republican. It is not about Democrat-Republican. The world has 
changed. It has changed utterly.
  The fact is we need a clear-eyed assessment of where we are in this 
changed world. This is a lot less about them--that is, the prisoners 
and the terrorists. It is much more about us and our troops. I wonder 
what happens the first time an American troop is captured anywhere in 
this or a future war and turned over to the secret police of that 
country, taken to a spot that no one knows, one that is clandestine. I 
wonder what happens then.
  It is all about where we stand as a nation, about our values. We are 
in, as everyone says in this Senate, a battle for the hearts and minds 
of 1.2 billion people who share a different religion and maybe a 
different point of view. We are hurting, not helping, our troops. We 
are hurting, not helping, our cause. We have to have a clear-eyed 
resolution of it. The clearest way to do this is through a commission.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. I stand in opposition to the amendment for many reasons 
which I have stated on three previous occasions, including early this 
morning addressing this amendment.
  The distinguished Senator from Delaware talked about looking forward 
to our troops. I draw the attention of colleagues to Defense Department 
directive No. 3115.09 issued on the 3rd of November of this year in 
which they set forth the new regulations and rules with regard to 
treatment of prisoners. The directive provides overarching policy to 
the Department. It codifies existing departmental studies, including 
the requirement for humane treatment of captured or detained persons 
during intelligence interrogation and questioning, assigns 
responsibilities for interrogation planning and training, and 
establishes requirements for reporting violations of the policy 
regarding humane treatment.
  Section 3443 is a directive addressing some specific abuse detailed 
in past investigations. The directive specifically requires the Central 
Intelligence Agency interrogation must follow Pentagon guidelines when 
questioning military prisoners and that a DOD representative be 
present. Further, this release should be followed by the revision of 
the Department of the Army Field Manual which is the subject of the 
McCain amendment, which I strongly support, on interrogations which 
this Senate overwhelmingly directed become the U.S. standard as part of 
the amendment proposed by Senator McCain.
  Our Government collectively is moving in the right direction to 
correct the problems of the past, clearly, such that the whole world 
knows how our Nation stands against this type of abuse that occurred in 
the past. I strongly urge our colleagues not to start up another 
commission in the middle of our war in Iraq and Afghanistan, and for 
the next year or 18 months begin to go over the material which this 
Senate time and time again has addressed in debates, on which our 
Committees on Foreign Affairs, Intelligence, and Armed Services have 
reviewed this question with some dozen investigations conducted by our 
Government, largely the Department of Defense.
  I yield the floor.


                           Order of Procedure

  I have an agreement regarding future votes so Senators can make their 
plans. I ask consent following debate on the Levin amendment, which is 
now concluded, Senator Reed be recognized to speak for not more than 5 
minutes in relation to his amendment; further, that following the 
statement, the Senate proceed to a series of stacked votes in relation 
to the following amendments: Levin amendment 2430; Byrd amendment 2442, 
as modified; and the Reed amendment 2427.
  There is no time here for Senator Byrd. I amend this to allow 2 
minutes by Senator Byrd and a minute by the Senator from Virginia who 
intends to support Senator Byrd.
  Further, provided that no second degrees be in order to the 
amendments

[[Page 25407]]

prior to the votes. Finally, there be 2 minutes equally divided between 
the votes.
  Mr. LEVIN. There is an objection.
  We reversed the order, No. 1, and there needs to be time for debate 
before one of those amendments. I urge there be a unanimous consent 
agreement entered into now that after this vote we proceed immediately 
to a vote on the Byrd amendment, and between this vote and the vote on 
the Byrd amendment, we work out an agreeable unanimous consent.
  Mr. WARNER. We will now proceed to the debate on your amendment.
  Mr. LEVIN. The vote on my amendment immediately as we agreed upon, 
and then we go immediately to the Byrd amendment. Between the vote here 
on my amendment and the Byrd amendment, we work on a unanimous consent 
relative to the other amendment.
  Mr. WARNER. In no event would we lose the opportunity to have the 
votes.
  Mr. LEVIN. I hope not, but we have not agreed with that yet. We have 
to clear that with our leader.
  Mr. REED. There was initially a 5-minute opportunity for me to speak 
on my amendment. Will that take place immediately or be postponed until 
after the vote on the Levin amendment?
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. I will restate the unanimous consent request in the hopes 
it can be agreed to.
  I ask consent that following debate on the Levin amendment--that 
debate has taken place--we go to the Byrd amendment. That would require 
2 minutes by the Senator from West Virginia, 1 minute by the Senator 
from Virginia, following the vote on the Levin amendment, and then we 
proceed to the Reed amendment with 5 minutes on both sides with regard 
to debate prior to the vote on the Reed of Rhode Island amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is on agreeing to the Levin amendment.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER (Mr. Chambliss). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 43, nays 55, as follows:

                      [Rollcall Vote No. 309 Leg.]

                                YEAS--43

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carper
     Clinton
     Conrad
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--55

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Chafee
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Nelson (NE)
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner

                             NOT VOTING--2

       
     Corzine
     McCain
  The amendment (2430) was rejected.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. BAUCUS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Under the previous order, the Senate turns its attention 
to the amendment by the Senator from West Virginia, with 2 minutes of 
debate on either side, a 10-minute vote, to be followed by the Reed 
amendment, 5 minutes by the Senator from Rhode Island, and 2 or 3 
minutes to the Senator from Virginia. Then that is a 10-minute vote.


                    Amendment No. 2442, as Modified

  The PRESIDING OFFICER. Under the previous order, the Senator from 
West Virginia has 2 minutes, and the Senator from Virginia has 1 
minute.
  The Senator from West Virginia.
  Mr. BYRD. Mr. President, the Pentagon continues to have massive 
management problems. The GAO believes that billions of taxpayer dollars 
could be saved each year, if these problems can be straightened out. 
This modification to my amendment would require an expedited study on 
whether there should be a Deputy Secretary of Defense for Management to 
take charge of fixing the Pentagon's accounting problems. I thank the 
cosponsors of my modified amendment: Chairman Warner, Senator Ensign, 
Senator Akaka, and Senator Lautenberg. I am encouraged by Chairman 
Warner's intention to hold further hearings in the Armed Services 
Committee once these reports are submitted to Congress.
  Fixing the pervasive--I mean pervasive--accounting problems at the 
Department of Defense will require more hearings, more oversight, and 
more accountability. I took note of this some years ago when Secretary 
Rumsfeld first appeared before the Armed Services Committee. He 
admitted there was a problem, a very difficult problem. He indicated he 
was going to do something about it. I think he needs help.
  I look forward to working with my colleagues in the coming months to 
set the Pentagon on an accelerated track for reform.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I strongly urge colleagues to support the 
Byrd-Warner amendment. I am the principal cosponsor. I commend my 
distinguished colleague from West Virginia. The Department of Defense 
was established in 1947, over a half century ago. It has served the 
Nation well, but there have been many changes. This will give the Armed 
Services Committee, the Government Operations Committee, perhaps other 
committees of Congress, a chance to take a good look at that Department 
and how best, if necessary, to restructure it to meet the future 
challenges before us.
  I thank the Senator from West Virginia. I urge all Senators to vote 
in favor of the amendment.
  Mr. BYRD. I thank the Senator from Virginia.
  Mr. LEVIN. I ask unanimous consent that I be added as a cosponsor to 
the Byrd amendment, and I congratulate him on trying to address a 
problem which is endemic. It seems perpetual. I believe it is going to 
take all the energy of this body and the other body to force them to 
make the kind of changes this could lead to. I congratulate the 
Senator.
  Mr. BYRD. I thank the distinguished senior Senator from Michigan.
  The PRESIDING OFFICER. Does the Senator seek to modify the pending 
amendment?
  Mr. BYRD. Yes, the modification is at the desk.
  The PRESIDING OFFICER. Is there objection to the modification? 
Without objection, the amendment is so modified.
  The amendment, as modified, is as follows:

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

     SEC. __. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF 
                   DEFENSE FOR MANAGEMENT.

       (a) Not later than 15 days after the enactment of this Act, 
     the Secretary of Defense shall select two Federally Funded 
     Research and Development Centers to conduct independent 
     studies of the feasibility and advisability of establishing a 
     Deputy Secretary of Defense for Management. Each study under 
     this section shall be delivered to the Secretary and the 
     congressional defense committees not later than March 15, 
     2006.
       (b) Content of Studies.--Each study required by this 
     section shall address--
       (1) the extent to which the establishment of a Deputy 
     Secretary of Defense for Management would:
       (A) improve the management of the Department of Defense;

[[Page 25408]]

       (B) expedite the process of management reform in the 
     Department; and
       (C) enhance the implementation of business systems 
     modernization in the Department;
       (2) the appropriate relationship of the Deputy Secretary of 
     Defense for Management to other Department of Defense 
     officials;
       (3) the appropriate term of service for a Deputy Secretary 
     of Defense for Management; and
       (4) the experience of any other federal agencies that have 
     instituted similar management positions.
       (c) For the purposes of this section, a Deputy Secretary of 
     Defense for Management is an official who--
       (1) serves as the Chief Management Officer of the 
     Department of Defense;
       (2) is the principal advisor to the Secretary of Defense on 
     matters relating to the management of the Department of 
     Defense, including defense business activities, to ensure 
     department-wide capability to carry out the strategic plan of 
     the Department of Defense in support of national security 
     objectives; and
       (3) takes precedence in the Department of Defense 
     immediately after the Deputy Secretary of Defense.

  Mr. WARNER. My understanding is the yeas and nays have been ordered 
on the amendment, as modified.
  The PRESIDING OFFICER. They have not been ordered.
  Mr. WARNER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senator is necessarily absent: the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
and the Senator from New Jersey (Mr. Lautenberg) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 0, as follows:

                      [Rollcall Vote No. 310 Leg.]

                                YEAS--97

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--3

     Corzine
     Lautenberg
     McCain
  The amendment (No. 2442), as modified, was agreed to.


                           Amendment No. 2427

  Mr. WARNER. Mr. President, under the regular order, the Senate will 
now proceed with the Reed of Rhode Island vote, with 5 minutes for the 
Senator from Rhode Island and 3 to 4 minutes for the Senator from 
Virginia.
  The PRESIDING OFFICER. The Senator is correct. There is 10 minutes 
equally divided on amendment No. 2427. The Senator from Rhode Island is 
recognized.
  Mr. REED. Mr. President, this amendment would transfer $50 million 
from the Missile Defense Program to the Cooperative Threat Reduction 
Program which is designed to secure nuclear materials and nuclear 
weapons in countries around the globe, principally the former Soviet 
Union.
  A few facts I think are in order.
  First, with respect to missile defense funding, in the emergency 
supplemental appropriations bill for the global war on terror, there 
was an additional $50 million appropriated that was not required or 
asked for by the Agency. With this money, even with this amendment, the 
Agency still would have sufficient money to carry out its programmed 
operations for this year. Again, we are just transferring $50 million 
from this rather expensive program overall.
  Let me briefly recap where we are with respect to the program.
  The administration has already requested and Congress has provided 
funds for 30 interceptors. There are nine already in the ground. There 
are others being constructed. There are 21 that are in some aspect of 
construction. Yet in the fiscal year 2006 budget, there is a request 
for 10 additional operational interceptors, plus 8 test interceptors, 
for 18 in all. Again, these are in addition to the 30 interceptors that 
are already planned for.
  In addition to that, I must point out that the production rate 
capacity for these interceptors is 12 per year. So we are asking for 
more missiles than can be produced in 1 year. So there are ample funds 
with respect to missile defense. We are asking for more missiles than 
can be produced in 1 year--many more missiles than can be produced. 
This is a situation that I believe calls for readjustment of funds, 
moving it to another compelling need.
  One of the compelling needs I urge on my colleagues is to fund the 
Cooperative Threat Reduction Program. President Bush and President 
Putin met in Bratislava months ago and created a unique opportunity for 
additional funding of the Cooperative Threat Reduction Program. This 
meeting took place after preparation of the budget. So moving $50 
million from missile defense to the Cooperative Threat Reduction 
Program will allow this country to carry out the pledge President Bush 
made to President Putin to more aggressively secure 15 additional 
sites.
  There is one final point I would like to make. There is often the 
argument, well, we shouldn't fund the Cooperative Threat Reduction 
Program because there are so many unobligated funds; they can't use the 
money. In August of this year, the Missile Defense Program had $844 
million in unobligated funds. If the Missile Defense Agency has $844 
million in unobligated funds, I don't think anyone would stand up 
immediately and say they can't use it, don't need it, et cetera. The 
same goes for the Cooperative Threat Reduction Program. We have needs 
out there. The greatest threat to face this country, in my view, is the 
combination of terrorists and nuclear materials. We are going after the 
terrorists. We have to also aggressively go after nuclear materials. We 
can do this.
  This is a very modest transfer of funds for a program that is vitally 
important to fulfill the pledge that the President made with President 
Putin, and it will not in any way impair the funding available for 
missile defense.
  I urge my colleagues to support this amendment.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, in opposition to the amendment, I bring to 
the attention of our colleagues that the CTR Program, of which our 
distinguished colleague from Indiana, Mr. Lugar, was the principal 
author and sponsor, is fully funded at the budget request of $415.5 
million. There still remains an unobligated balance of $107 million 
from the 2005 funds. So this category of our important work is fully 
funded and moving ahead on its schedule of expenditures.
  In contrast, the Missile Defense Program this year took a $1 billion 
cut as part of the internal DOD budget deliberations, and missile 
defense is also reduced by $5 billion over the period 2006 to 2011. By 
adopting the Reed amendment, we would have a fracture in the long-lead 
funding, resulting in a production break which, on the assumption it 
would be restarted, would cost the taxpayers another $270 billion.
  Mr. President, I say to my colleagues, I have a sheet here that shows 
how three consecutive times this Chamber has voted basically on this 
amendment and defeated it. A $500 million cut by Senator Levin was 
defeated in June of 2004 by 56 votes, followed by

[[Page 25409]]

a Boxer amendment limiting deployment of ground-based interceptors, 
defeated by 57 votes, and a Reed amendment again defeated by 53 votes--
incidentally, all of those having some measure of bipartisan support. 
So we are revisiting the same issue.
  I strongly recommend to my colleagues that this amendment not be 
adopted.
  Have the yeas and nays been ordered, Mr. President?
  The PRESIDING OFFICER. They have not been ordered.
  Mr. WARNER. I so request the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
and the Senator from New Jersey (Mr. Lautenberg) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 37, nays 60, as follows:

                      [Rollcall Vote No. 311 Leg.]

                                YEAS--37

     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carper
     Chafee
     Clinton
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lincoln
     Lugar
     Mikulski
     Murray
     Nelson (FL)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--60

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kyl
     Lieberman
     Lott
     Martinez
     McConnell
     Murkowski
     Nelson (NE)
     Roberts
     Salazar
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner

                             NOT VOTING--3

     Corzine
     Lautenberg
     McCain
  The amendment (No. 2427) was rejected.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Mr. President, in concurrence with the ranking member, 
the Senator from Oklahoma wishes to lay down an amendment which I am 
going to recommend be accepted by a voice vote. I believe that is with 
the concurrence of my ranking member.
  The PRESIDING OFFICER. The Senator from Oklahoma.


                    Amendment No. 2432, as Modified

  Mr. INHOFE. Mr. President, I ask unanimous consent to modify my 
amendment 2432. I send to the desk the modification and ask for its 
immediate consideration.
  The PRESIDING OFFICER. Is there objection to the modification?
  Without objection, it is so ordered.
  The amendment is so modified.
  The amendment (No. 2432), as modified, is 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) 
     by transferring funds available to the Department of Defense 
     to the Department of State. Any funds so transferred shall 
     remain available until expended. The amount of such 
     partnership security capacity building support provided by 
     the Department of Defense under this section may not exceed 
     $750,000,000 in any fiscal year.
       (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 15 
     days before the provision of such partnership security 
     capacity building.
       (e) Complementary Authority.--The authority to support 
     partnership security capacity building under this section is 
     in addition to any other authority of the Department of 
     Defense to provide assistance to a foreign country.
       (f) Applicable Law.--The authorities and limitations in the 
     Foreign Assistance Act of 1961 and the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2006 shall be applicable to assistance provided and funds 
     transferred under the authority of this section.
       (g) 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.
       (h) Expiration.--The authority in this section shall expire 
     on September 30, 2007.

     SEC. __. SECURITY AND STABILIZATION ASSISTANCE.

       (a) In General.--Notwithstanding any other provision of 
     law, upon a request from the Secretary of State, with the 
     agreement of the Secretary of Defense and upon a 
     determination by the President 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 is in addition to any other 
     authority of the Department of Defense to provide assistance 
     to a foreign country.
       (e) Notification Requirements.--Before the exercise of the 
     authority in this section, the President shall notify 
     Congress of the exercise of such authority in accordance with 
     the procedures set forth in section 652 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2411).
       (f) Applicable Law.--(1) The authorities and limitations in 
     the Foreign Assistance Act of 1961 and the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2006 shall be applicable to assistance 
     provided and funds transferred under the authority of this 
     section.
       (2) Any authority available to the President to waive a 
     provision of law referred to in paragraph (1) may be 
     exercised by the President in a written document executed 
     pursuant to subsection (a).
       (g) Expiration.--The authority in this section shall expire 
     on September 30, 2007.

  Mr. INHOFE. Mr. President, we have spent quite a bit of time talking 
about this amendment. This does amend sections 1201 and 1204 of title 
XII, to provide our Government with new authorities to fight the global 
war on terror. We have initially had some concerns, both from the other 
side and from a couple of the other committees. We have worked out the 
compromise, and that is what this modification is.
  In an effort to accommodate my colleagues on the Foreign Relations 
Committee and my colleagues across the aisle, we have made some 
modifications to our original amendment. These modifications provide a 
sunset for this authority on September 30, 2007. They provide for some 
limitation of DOD authority in section 1201, subject to existing law in 
the foreign relations and foreign appropriations act.

[[Page 25410]]

  With these modifications, I think that it is going to be a great help 
to the administration.
  I ask unanimous consent that Senator Lugar be added as a cosponsor of 
my amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I rise to thank Senator Inhofe for the 
excellent work he has done on this amendment and his generous efforts 
to accommodate my previous concerns. In my view, his original amendment 
may have had some unintended foreign policy consequences. In 
particular, it might have produced some far-reaching changes to the way 
that our country makes foreign assistance decisions.
  The amendment as now written leaves the authority for deciding which 
countries, and when, how, and why foreign assistance should be 
provided, in the hands of the Secretary of State. The amendment does 
not provide statutory authority to the Secretary of Defense to 
establish a new foreign aid program outside the purview of the 
Secretary of State. It does authorize the Secretary of Defense to 
provide funding to the State Department for a new train and equip 
foreign assistance program, as well as to address overseas emergencies 
where the two Departments need to join forces to meet the crisis 
successfully.
  I support the $750 million train and equip program and the $200 
million emergency funding. Both programs can be successfully carried 
out under the Secretary of State's existing authorities. The Secretary 
of State should retain full authority over decisions as to which 
countries should receive assistance, the timing of its provision, and 
the way in which it should be provided. The Department of Defense 
should continue implementing train and equip programs under the purview 
of the Secretary of State.
  I understand that there have been frustrations with the current 
situation. The Defense Department has apparently found State Department 
oversight of these kinds of programs cumbersome and slow. These 
obstacles need to be overcome. State Department procedures should be 
streamlined and the two Departments should develop plans to push these 
important programs forward efficiently and quickly.
  But all foreign assistance programs need to take place within a 
foreign policy context, with consideration of the traditional 
concerns--the recipient country's treatment of its own people, 
potential reactions from neighboring states in the region, and the 
overall bilateral relationship with the recipient country, including 
its assistance in the war against terrorism.
  It is the Secretary of State's job to weigh such foreign policy 
issues and make recommendations to the President that strike the right 
balance for American interests. The amendment as now written meets the 
concerns I had and I would request that I be listed as a co-sponsor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I strongly recommend to colleagues the 
acceptance of this amendment. It has been carefully thought through. It 
is a policy that has been joined in jointly by the Secretaries of State 
and Defense. It is the expectation that to the extent we are successful 
with these programs, it likely will go to the deployment of our troops 
abroad in various situations we deem necessary to protect our own 
national interests.
  The PRESIDING OFFICER. Is there further debate on the amendment?
  The Senator from Michigan.
  Mr. LEVIN. First, I thank the Senator from Oklahoma for his 
amendment, for working to modify that amendment. We think it is a 
prudent and useful amendment and that it addresses a very significant 
issue which is how do we obtain more support from other countries to be 
effective in our effort against terrorism. So we want to thank the 
Senator from Oklahoma.
  Mr. INHOFE. I thank the ranking member and the chairman for those 
comments.
  Mr. WARNER. I urge the adoption of the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2432), as modified, was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Subject to the concurrence of the ranking member, I ask 
the Senate to turn its attention to the Senator from Nevada, who has an 
amendment which I personally strongly endorse and so recommend to other 
colleagues. It could well be the subject of a rollcall vote sometime 
tomorrow. I thank him for his consideration of laying down the 
amendment tonight such that colleagues have the time within which to 
study it.
  The PRESIDING OFFICER. The Senator from Nevada.


                           Amendment No. 2443

  Mr. ENSIGN. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Ensign] proposes an amendment 
     numbered 2443.

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To restate United States policy on the use of riot control 
     agents by members of the Armed Forces, and for other purposes)

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

     SEC. 1073. RIOT CONTROL AGENTS.

       (a) Restatement of Policy.--It is the policy of the United 
     States that riot control agents are not chemical weapons and 
     that the president may authorize their use as legitimate, 
     legal, and non-lethal alternatives to the use of force that, 
     as provided in Executive Order 11850 (40 Fed. Reg. 16187) and 
     consistent with the resolution of ratification of the 
     Chemical Weapons convention, may be employed by members of 
     the Armed Forces in war in defensive military modes to save 
     lives, including the illustrative purposes cited in Executive 
     Order 11850.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on the use of riot control agents by 
     members of the Armed Forces.
       (2) Content.--The report required by paragraph (1) shall 
     include--
       (A) a description of all regulations, doctrines, training 
     materials, and any other information related to the use of 
     riot control agents by members of the Armed Forces;
       (B) a description of the doctrinal publications, training, 
     and other resources provided or available to members of the 
     Armed Forces on an annual basis with regard to the tactical 
     employment of riot control agents;
       (C) a description of how the material described in 
     subparagraphs (A) and (B) is consistent with United States 
     policy on the use of riot control agents;
       (D) a description of the availability of riot control 
     agents, and the means to employ them, to members of the Armed 
     Forces deployed in Iraq and Afghanistan;
       (E) a description of the frequency of use of riot control 
     agents since January 1, 1992, and a summary of views held by 
     military commanders about the utility of the employing riot 
     control agents by members of the Armed Forces;
       (F) a general description of steps taken or to be taken by 
     the Department of Defense to clarify the circumstances under 
     which riot control agents may be used by members of the Armed 
     Forces; and
       (G) an assessment of the legality of Executive Order 11850, 
     including an explanation why Executive Order 11850 remains 
     valid under United States law.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Definitions.--In this section:
       (1) Chemical weapons convention.--The term ``Chemical 
     Weapons Convention'' means the Convention on the Prohibitions 
     of Development, Production, Stockpiling and Use of Chemical 
     Weapons and on Their Destruction, with annexes, done at 
     Paris, January 13, 1993, and entered into force April 29, 
     1997 (T. Doc. 103-21).
       (2) Resolution of ratification of the chemical weapons 
     convention.--The term ``resolution of ratification of the 
     Chemical Weapons Convention'' means S. Res. 75, 105th 
     Congress, agreed to April 24, 1997, advising and consenting 
     to the ratification of the Chemical Weapons Convention.

  Mr. ENSIGN. Mr. President, before I make my full statement, I want my 
colleagues to know that the amendment that I have sent to the desk is

[[Page 25411]]

something that we have been working with the administration on for 
almost 8 months now. I believe we have come up with a compromise that 
most people in the administration support. It is a very important 
amendment as far as the foreign policy and the military policy of our 
country is concerned.
  This amendment will allow our soldiers and marines to more 
effectively carry out their mission on the ground in Iraq and 
Afghanistan, while saving both military and civilian lives.
  Riot control agents, more commonly referred to as tear gas, can be a 
more effective alternative to the use of lethal weapons in combat. It 
is shocking and unacceptable that under current policy our military is 
banned from using tear gas on the battlefield. Let me restate that. 
Under current policy, our military is banned from using tear gas on the 
battlefield.
  Police officers in any city in America can use tear gas to avoid the 
loss of life, but our men and women carrying out the global war on 
terror cannot. This is not right and it must change.
  This restriction on the use of tear gas is the direct result of the 
bureaucracy's faulty interpretation of the 1997 Chemical Weapons 
Convention, an interpretation made by arms control advocates in 
Brussels and The Hague and regrettably at our own State Department. 
Under this faulty interpretation, tear gas is considered a chemical 
weapon. In those isolated cases where it can be used, it requires 
Presidential authorization. This is wrong. The use of riot control 
agents in combat for defensive purposes to save lives is wholly 
consistent with the U.S. obligations under the laws of land warfare and 
of our treaty obligations.
  Retaining this capability was so important to our military leaders 
that the Senate included a condition in the 1997 Chemical Weapons 
Convention that preserved our right to use tear gas in conflict. Many 
Members today were in the Senate when this matter was debated. All 
concurred with the arguments put forward by then-chairman of the Joint 
Chiefs of Staff, Colin Powell, that giving up this capability is not 
even worth getting the treaty. Here is what he said:

       Nonlethal riot control agents provide a morally correct 
     option to achieve defensive military objectives without 
     having to resort to the unnecessary loss of innocent lives. 
     Sacrificing such an option would be an unacceptable price to 
     pay for a CW [chemical weapons] treaty.

  Senators Lugar, Biden, and others spoke eloquently on this point in a 
bipartisan manner. Senators knew then, and many do know now, that the 
use of nonlethal weapons, such as tear gas, is demonstrated routinely 
to be effective by law enforcement agencies all over the world. It is a 
moral alternative to the use of lethal force.
  In towns and streets throughout Iraq and Afghanistan, marines and 
soldiers are going house to house in an attempt to flush out hiding 
terrorists. In carrying out this vital mission, structures are damaged 
and innocent people are killed. Some of that death and destruction 
could be avoided if we allowed our military to use tear gas instead of 
bullets. In other cases, we know of situations where the insurgents 
have mixed in with innocent civilians, using them as human shields, 
forcing our fighting men and women to either retreat or fire into a 
crowd, which is a choice they should not have to make.
  I am reminded of a New York Times article, dated June 28 of this 
year. It chronicled marines clearing a town in Iraq. The article 
referenced one particular incident where three civilians, a mother and 
two children, were killed as marines battled an insurgent who had taken 
the family hostage. Perhaps the use of tear gas would have saved their 
lives; perhaps not. We will never know that. What we do know is that 
those marines were not provided every tool with which to carry out this 
global war on terrorism.
  Certainly our image has been tarnished as a nation, and our public 
diplomacy has suffered every time we use lethal force to clear a room, 
empty a building or take other actions that wound or kill innocent 
people. This is unconscionable when nonlethal alternatives are 
available. Secretary Donald Rumsfeld, in testimony before the House 
Armed Services Committee, described the restriction on the use of riot 
control agents as a straitjacket. Here is what he said:

       We are doing our best to live within the straitjacket that 
     has been imposed on us on this subject. We are trying to find 
     ways that non-lethal agents could be used within the law.

  He went on to point out that our soldiers and marines are authorized 
to shoot and to kill people in situations where tear gas is prohibited. 
This is a lethal lapse in legal judgment. It seems as if some would put 
the concerns of the global arms control theocracy above the lives of 
our military personnel. If anybody is watching or listening and they 
are scratching their head wondering where is the common sense, that is 
exactly what I thought and what led me to offer this amendment.
  In fact, our military has been so spooked about this issue they don't 
know how to train themselves on Riot Control Agent use on the 
battlefield. The Tactical Employment of Nonlethal Weapons training 
manual, dated January 2003, is applicable to all military branches. It 
specifically reminds all that ``. . . using Riot Control Agents in an 
armed conflict requires Presidential approval.''
  Additionally, the Department of Defense's Joint Doctrine 
Encyclopedia, dated July 1997, advises that ``Commanders must consider 
the international ramifications . . . before recommending the use of 
herbicides or Riot Control Agents.''
  Now, there are those who erroneously claim my amendment seeks to 
change long standing policy on the use of riot control agents in combat 
and runs counter to U.S. treaty commitments.
  In fact, my amendment seeks merely to reaffirm the policy of the 
United States since 1975, and the Senate's view on this issue from 
1997, by stating that it is the policy of the United States that Riot 
Control Agents are not chemical weapons but are legitimate, legal, and 
non-lethal alternatives to the use of lethal force. It adds that these 
tools may be employed by members of the Armed Forces in defensive 
military modes to save lives.
  My amendment further requires the President to submit a one-time 
report to Congress on the availability and use of Riot Control Agents 
by our fighting men and women. It includes reporting language that 
prods the State Department to speak about and advocate the U.S. view on 
this important life-saving tool in multilateral forums. Finally, my 
amendment presses the Pentagon to develop this capability, which has 
languished in our training regimens, our doctrine, and our tactics 
through lack of use.
  I urge all of my colleagues to reaffirm this policy, to reaffirm what 
the Senate said in 1997, and to send a strong message to our men and 
women in uniform that the Senate puts their welfare above misguided 
interpretations of arcane international agreements, that the Senate 
wants to give them a full range of tools to help them accomplish their 
mission in Iraq and Afghanistan, and that we want to do so in a manner 
that doesn't jeopardize their lives or those of innocent civilians.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I want very much to support my colleague 
from Nevada, but I would like to have some clarification. I tried to 
listen very carefully to what the Senator said. I want to see if my 
interpretation of the amendment is correct.
  I begin by saying the question of whether and how the use of riot 
control agents would be limited by the Chemical Weapons Convention 
became a major issue when the treaty was considered by the Senate for 
ratification in 1997. The resolution of ratification for the CWC 
contains a condition requiring the President to certify that the United 
States is not restricted by the CWC in its use of riot control agents 
in certain specified circumstances. The condition also required the 
President not to eliminate or alter Executive Order 11850--which I have 
before me; it was signed by President Ford on April 8, 1975--which 
prohibits the use of riot control agents in

[[Page 25412]]

war except in defensive military modes to save lives.
  Now, I turn to the Executive Order 11850 and specifically ask the 
Senator, is his interpretation of his amendment consistent with the 
objectives as stated in Executive Order 11850, signed by President Ford 
April 8, 1975?
  Mr. ENSIGN. Mr. President, I say to the Senator from Virginia that he 
has stated it exactly right. We are trying to restate the position that 
the Senate took in 1997, in the Executive Order 11850. It has been the 
policy of the United States, based on this Executive order, based on 
what the Senate did with the Chemical Weapons Treaty in 1997. But the 
problem is there have been lawyers down at the State Department who 
have interpreted it differently and therefore have put the military in 
a very difficult position, that if they used it consistent with former 
U.S. policy, they could be accused of violating the Chemical Weapons 
Treaty and be subject to prosecution as individual soldiers.
  Mr. WARNER. I thank my colleague. If I could further propound a 
clarification, reading from the preamble to 11850, the Executive order, 
it says:

       The United States renounces, as a matter of national 
     policy, first use of herbicides in war except use, under 
     regulations applicable to their domestic use, for control of 
     vegetation within U.S. bases and installations or around 
     their immediate defensive perimeters, and first use of riot 
     control agents in war except in defensive military modes to 
     save lives such as--

and these are the examples--

       (a) Use of riot control agents in riot control situations 
     in areas under direct and distinct U.S. military control, to 
     include controlling rioting prisoners of war.
       (b) Use of riot control agents in situations in which 
     civilians are used to mask or screen attacks and civilian 
     casualties can be reduced or avoided.
       (c) Use of riot control agents in rescue missions in 
     remotely isolated areas, of downed aircrews and passengers, 
     and escaping prisoners.
       (d) Use of riot control agents in rear echelon areas 
     outside the zone of immediate combat to protect convoys from 
     civil disturbances, terrorists and paramilitary 
     organizations.

  Regarding the ground operations as we are reading about daily in the 
Anbar Province, in Fallujah--I visited up in Fallujah several weeks 
ago. How would they, under your amendment, be deployed, assuming this 
amendment is adopted, in a manner differently than what they are doing 
today?
  Mr. ENSIGN. Mr. President, I would say to the chairman of the Senate 
Armed Services Committee, frankly, they are not being used today by our 
military and that is the problem. Therein lies the problem.
  We just saw President Bush down in the Summit of the Americas, and 
they had riots down there and they used these very agents to control 
the crowds. Even when they had problems at Abu Ghraib prison, these 
riot control agents were not allowed to be used because people were 
afraid to use them.
  Can you imagine, if you are a first lieutenant or you are a sergeant 
and you are out there and you know that these things have been allowed 
in the past, but now the State Department and the military are putting 
stuff out and there are questions, you are not going to use the thing 
that may be the most effective at saving lives of the personnel around 
you, as well as the civilians, because you could be accused potentially 
of violating the Chemical Weapons Treaty. We are handcuffing the very 
personnel that this Senate is supposed to be trying to protect.
  That is why I believe, as the Senator has correctly pointed out, that 
this amendment is consistent with the very examples that you pointed 
out that are in the Executive Order No. 11850 that was signed back in 
1975.
  Mr. WARNER. I want to make clear I presume the amendment of the 
Senator clarifies some ambiguity, which ambiguity acts as a deterrent 
on our forces today from using it. Once the ambiguities are set aside, 
then we can proceed to utilize these agents, provided it is consistent 
with the Executive Order 11850? Have I correctly stated that?
  Mr. ENSIGN. Mr. President, I think what the Senator has stated is 
very concise. That is exactly the intent of the amendment.
  Mr. WARNER. I thank my distinguished colleague. We will have, 
perhaps, opportunity in the morning to further debate this amendment. I 
do want to posture myself so I can support your amendment.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I wish to clarify a question the chairman 
of the committee asked. I think I heard the answer, but I was not 100 
percent sure.
  Is the amendment intended to state the current policy of the United 
States? When it says on line 1 of page 1, ``It is the policy of the 
United States,'' is that intended to reflect the current policy of the 
United States?
  Mr. ENSIGN. Mr. President, I would say to the Senator from Michigan 
that the current policy is exactly what our amendment is trying to 
reinforce. It is the interpretation of that current policy that is 
happening down at the State Department that we are trying to clarify. 
We think they are misinterpreting the current policy which has existed 
for some time now in the United States. We now need to clarify it so 
that our warriors know exactly that they can use riot control agents 
under specific uses, as the examples that the chairman of the Committee 
on Armed Services has pointed out.
  Mr. LEVIN. Is it the intention of the amendment, then, to state the 
policy of the United States as reflected in Executive Order 11850?
  Mr. ENSIGN. That is correct, Mr. President.
  Mr. LEVIN. So there is no effort, no intent in the statement of 
policy on line 4 on page 1 through line 6 on page 2, to in any way 
modify the policy set forth in that Executive Order 11850?
  Mr. ENSIGN. The Senator is correct.
  Mr. LEVIN. So this restatement of policy is not intended to modify 
this in any way. But as I understand it, what the good Senator from 
Nevada is saying is that some people in the Government have interpreted 
Executive Order 11850 differently from the way the policy is stated in 
section 1073?
  Mr. ENSIGN. I think the policy is very clear in this Executive order, 
as well as what the Senate stated. But it appears that certain people 
down at the State Department have interpreted it a different way and 
believe there is a higher threshold that our warriors must come under 
before they can use these riot control agents out on the battlefield; 
that they must seek Presidential authority. That is what we are trying 
to clarify here, is to get back to what this Executive order said, as 
well as what the Senate stated in 1997.
  Mr. LEVIN. I thank my friend from Nevada.
  Mr. President, we will reserve the time. We are not necessarily at 
all in opposition, but we would like to review this overnight. We thank 
the Senator from Nevada.
  Mr. WARNER. Mr. President, subject to the order by the majority and 
Democratic leader as to the sequence of events tomorrow, the Ensign 
amendment would remain the pending business at such time as the 
leadership directs the Senate return to this bill; am I correct in 
that?
  The PRESIDING OFFICER. That is correct, the Ensign amendment is 
pending.
  Mr. WARNER. At this time, I ask unanimous consent the Ensign 
amendment be laid aside for the purpose of the distinguished Senator 
from Michigan and I clearing some amendments.
  Mr. LEVIN. I have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.


Amendments Nos. 1334, as modified; 1341, as modified; 1355, 1356, 1358, 
as modified; 1362, as modified; 1367, 1387, 1388, as modified; 1404, as 
modified; 1407, 1424, 1428, as modified; 1434, 1445, 1448, as modified; 
 1451, as modified; 1453, as modified; 1463, as modified; 1473, 1478, 
   1481, 1495, 1502, 1514, as modified; 1515, as modified; 1519, as 
  modified; 1526, as modified; 1548, as modified; 1555, as modified; 
 1563, as modified; 1568, 1574, as modified; 1578, as modified; 2446, 
2447, 2448, 2449, 2450, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2458, 
2459, 2460, 2461, 2462, 2463, 2464, 2465, 2466, 2467, 2468, 2469, 2470, 
                             2471, en bloc.

  Mr. WARNER. Mr. President, there are four packages of amendments at 
the desk being held subject to action by the Senate. I ask the Senate 
consider those amendments en bloc, the amendments be agreed to, the 
motions to reconsider be laid upon the table,

[[Page 25413]]

and I ask any statements relating to these individual amendments be 
printed in the Record.
  Mr. LEVIN. Is it the intention that the packages be adopted one 
package at time?
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. All four. And the Chair has acted.
  Mr. LEVIN. I am sure we can work it out whether the action has been 
taken. Have not the four packages been acted upon and approved en bloc?
  The PRESIDING OFFICER. If the Senator from Michigan is reserving the 
right to object, he has that ability.
  Mr. LEVIN. I am trying to understand what the unanimous consent 
request was. Was it the amendments be considered en bloc and agreed to 
en bloc?
  The PRESIDING OFFICER. That is the understanding.
  Mr. LEVIN. No objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments were agreed to en bloc, as follows:


                    AMENDMENT NO. 1334, AS MODIFIED

 (Purpose: To provide for outreach to members of the Armed Forces and 
        their dependents on the Servicemembers Civil Relief Act)

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

     SEC. 653. OUTREACH TO MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS ON THE SERVICEMEMBERS CIVIL RELIEF 
                   ACT.

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


                    AMENDMENT NO. 1341, AS MODIFIED

(Purpose: To require a report on the use of ground source heat pumps at 
                   Department of Defense facilities)

       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.


                           AMENDMENT NO. 1335

  (Purpose: To authorize a land conveyance of Air Force property, La 
                            Junta, Colorado)

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

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

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


                           AMENDMENT NO. 1356

    (Purpose: To authorize the United States Air Force Institute of 
Technology to receive faculty research grants for scientific, literary, 
                       and educational purposes)

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

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

       Section 9314 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Acceptance of Research Grants.--(1) The Secretary of 
     the Air Force may authorize the Commandant of the United 
     States Air Force Institute of Technology to accept qualifying 
     research grants. Any such grant may only be accepted if the 
     work under the grant is to be carried out by a professor or 
     instructor of the Institute for a scientific, literary, or 
     educational purpose.
       ``(2) For purposes of this subsection, a qualifying 
     research grant is a grant that is awarded on a competitive 
     basis by an entity referred to in paragraph (3) for a 
     research project with a scientific, literary, or educational 
     purpose.
       ``(3) An entity referred to in this paragraph is a 
     corporation, fund, foundation, educational institution, or 
     similar entity that is organized and operated primarily for 
     scientific, literary, or educational purposes.
       ``(4) The Secretary shall establish an account for the 
     administration of funds received as qualifying research 
     grants under this subsection. Funds in the account with 
     respect to a grant shall be used in accordance with the terms 
     and condition of the grant and subject to applicable 
     provisions of the regulations prescribed under paragraph (6).
       ``(5) Subject to such limitations as may be provided in 
     appropriations Acts, appropriations available for the United 
     States Air Force Institute of Technology may be used to pay 
     expenses incurred by the Institute in applying for, and 
     otherwise pursuing, the award of qualifying research grants.
       ``(6) The Secretary of the Air Force shall prescribe 
     regulations for purposes of the administration of this 
     subsection.''.


                    AMENDMENT NO. 1358, AS MODIFIED

 (Purpose: To require additional recommendations in the report on the 
   delivery of health care benefits through the military health care 
                                system)

       On page 178, strike lines 20 through 24 and insert the 
     following:
       (4) Department of Defense participation in the Medicare 
     Advantage Program, formerly Medicareplus Choice;
       (5) the use of flexible spending accounts and health 
     savings accounts for military retirees under the age of 65;
       (6) incentives for eligible beneficiaries of the military 
     health care system to retain private employer-provided health 
     care insurance;
       (7) means of improving integrated systems of disease 
     management, including chronic illness management;
       (8) means of improving the safety and efficiency of 
     pharmacy benefits management;

[[Page 25414]]

       (9) the management of enrollment options for categories of 
     eligible beneficiaries in the military health care system;
       (10) reform of the provider payment system, including the 
     potential for use of a pay-for-performance system in order to 
     reward quality and efficiency in the TRICARE system;
       (11) means of improving efficiency in the administration of 
     the TRICARE program, to include the reduction of headquarters 
     and redundant management layers, and maximizing efficiency in 
     the claims processing system;
       (12) other improvements in the efficiency of the military 
     health care system; and
       (13) any other matters the Secretary considers appropriate 
     to improve the efficiency and quality of military health care 
     benefits.


                    AMENDMENT NO. 1362, AS MODIFIED

 (Purpose: To require a report on the Department of Defense Composite 
                         Health Care System II)

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

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

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


                           amendment no. 1367

    (Purpose: To make permanent the authority to provide travel and 
transportation allowances for dependents to visit hospitalized members 
injured in combat operation or combat zone with funding provided out of 
  existing funds through a reduction in nonessential civilian travel)

       (a) Authority To Continue Allowance.--Effective as of 
     September 30, 2005, section 1026 of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13), is amended by striking subsections (d) and (e).
       (b) Codification of Reporting Requirement.--Section 411h of 
     title 37, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(e) If the amount of travel and transportation allowances 
     provided in a fiscal year under clause (ii) of subsection 
     (a)(2)(B) exceeds $20,000,000, the Secretary of Defense shall 
     submit to Congress a report specifying the total amount of 
     travel and transportation allowances provided under such 
     clause in such fiscal year.''.
       (c) Conforming Amendment.--Subsection (a)(2)(B)(ii) of such 
     section, as added by section 1026 of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13), is amended by striking ``under section 1967(c)(1)(A) 
     of title 38''.
       (d) Funding.--Funding shall be provided out of existing 
     funds.


                           AMENDMENT NO. 1387

 (Purpose: To make the Savannah River National Laboratory eligible for 
         laboratory directed research and development funding)

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

     SEC. 31___. SAVANNAH RIVER NATIONAL LABORATORY.

       The Savannah River National Laboratory shall be a 
     participating laboratory in the Department of Energy 
     laboratory directed research and development program.


                    AMENDMENT NO. 1388, AS MODIFIED

    (Purpose: To provide for the establishment of the USS Oklahoma 
                               Memorial)

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

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

       (a) Site and Funding for Memorial.--Not later than 6 months 
     after the date of enactment of this section, the Secretary of 
     the Navy, in consultation with the Secretary of the Interior 
     shall identify an appropriate site on Ford Island for a 
     memorial for the USS Oklahoma consistent with the ``Pearl 
     Harbor Naval Complex Design Guidelines and Evaluation 
     Criteria for Memorials, April 2005''. The USS Oklahoma 
     Foundation shall be solely responsible for raising the funds 
     necessary to design and erect a dignified and suitable 
     memorial to the naval personnel serving aborad the USS 
     Oklahoma when it was attacked on December 7, 1941.
       (b) Administration and Maintenance of Memorial.--After the 
     site has been selected, the Secretary of the Interior shall 
     administer and maintain the site as part of the USS Arizona 
     Memorial, a unit of the National Park System, in accordance 
     with the laws and regulations applicable to land administered 
     by the National Park Service and any Memorandum of 
     Understanding between the Secretary of the Navy and the 
     Secretary of the Interior. The Secretary of the Navy shall 
     continue to have jurisdiction over the land selected as the 
     site.
       (c) Future Memorials.--Any future memorials for U.S. Naval 
     Vessels that were attacked at Pearl Harbor on December 7, 
     1941, shall be consistent with the ``Pearl Harbor Naval 
     Complex Design Guidelines and Evaluation Criteria for 
     Memorials, April 2005''.
       (d) Master Plan.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Navy, in 
     consultation with the Secretary of the Interior, shall submit 
     to the Committee on Armed Services and Committee on Resources 
     of the House of Representatives and the Committee on Armed 
     Services and the Committee on Energy and Natural Resources of 
     the Senate a master plan for operation and management of the 
     site presently encompassing the visitors center for the USS 
     Arizona Memorial, the area commonly known as the ``Halawa 
     Landing'', and any adjacent properties.


                    AMENDMENT NO. 1404, AS MODIFIED

 (Purpose: To require a pilot program on enhanced quality of life for 
            members of the Army Reserve and their families)

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

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

       (a) Pilot Program Required.--
       (1) In general.--The Secretary of the Army shall carry out 
     a pilot program to assess the feasability and advisability of 
     utilizing a coalition of military and civilian community 
     personnel at military installations in order to enhance the 
     quality of life for members of the Army Reserve who serve at 
     such installations and their families.
       (2) Locations.--The Secretary shall carry out the pilot 
     program at a military installation selected by the Secretary 
     for purposes of the pilot program in two States.
       (b) Participating Personnel.--A coalition of personnel 
     under the pilot program shall consist of--
       (1) such command personnel at the installation concerned as 
     the commander of such installation considers appropriate;
       (2) such other military personnel at such installation as 
     the commander of such installation considers appropriate; and
       (3) appropriate members of the civilian community of 
     installation, such as clinicians and teachers, who volunteer 
     for participation in the coalition.
       (c) Objectives.--
       (1) Principle objective.--The principle objective of the 
     pilot program shall be to enhance the quality of life for 
     members of the Army Reserve and their families in order to 
     enhance the mission readiness of such members, to facilitate 
     the transition of such members to and from deployment, and to 
     enhance the retention of such members.
       (2) Objectives relating to deployment.--In seeking to 
     achieve the principle objective under paragraph (1) with 
     respect to the deployment of members of the Army Reserve, 
     each coalition under the pilot program shall seek to assist 
     members of the Army Reserve and their families in--
       (A) successfully coping with the absence of such members 
     from their families during deployment; and
       (B) successfully addressing other difficulties associated 
     with extended deployments, including difficulties of members 
     on deployment and difficulties of family members at home.
       (3) Methods to achieve objectives.--The methods selected by 
     each coalition under the

[[Page 25415]]

     pilot program to achieve the objectives specified in this 
     subsection shall include methods as follows:
       (A) Methods that promote a balance of work and family 
     responsibilities through a principle-centered approach to 
     such matters.
       (B) Methods that promote the establishment of appropriate 
     priorities for family matters, such as the allocation of time 
     and attention to finances, within the context of meeting 
     military responsibilities.
       (C) Methods that promote the development of meaningful 
     family relationships.
       (D) Methods that promote the development of parenting 
     skills intended to raise emotionally healthy and empowered 
     children.
       (d) Report.--Not later than April 1, 2007, the Secretary 
     shall submit to the congressional defense committees a report 
     on the pilot program carried out under this section. The 
     report shall include--
       (1) a description of the pilot program;
       (2) an assessment of the benefits of utilizing a coalition 
     of military and civilian community personnel on military 
     installations in order to enhance the quality of life for 
     members of the Army Reserve and their families; and
       (3) such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     pilot program.
       (e) Funding.--
       (1) In general.--The amount authorized to be appropriated 
     by section 301(6) for operation and maintenance for the Army 
     Reserve is hereby increased by $160,000, with the amount of 
     the increase to be available to carry out the pilot program 
     required by this section.
       (2) Offset.--The amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy and available for Ship Self Defense 
     (Detect and Control) (PE #0604755N) is hereby reduced by 
     $160,000, with the amount of the reduction to be allocated to 
     amounts for Autonomous Unmanned Surface Vessel.


                           AMENDMENT NO. 1407

  (Purpose: To strike the limitation on payment of facilities charges 
                  assessed by the Department of State)

       Strike section 1008.


                           AMENDMENT NO. 1424

 (Purpose: Relating to the basic allowance for housing for members of 
                             the reserves)

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

     SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR RESERVE MEMBERS.

       (a) Equal Treatment of Reserve Members.--Subsection (g) of 
     section 403 of title 37, United States Code, is amended--
       (1) by redesignating paragraph (3) as paragraph (4);
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The rate of basic allowance for housing to be paid to 
     the following members of a reserve component shall be equal 
     to the rate in effect for similarly situated members of a 
     regular component of the uniformed services:
       ``(A) A member who is called or ordered to active duty for 
     a period of more than 30 days.
       ``(B) A member who is called or ordered to active duty for 
     a period of 30 days or less in support of a contingency 
     operation.''; and
       (3) in paragraph (4), as so redesignated, by striking 
     ``less than 140 days'' and inserting ``30 days or less''.
       (b) Conforming Amendment Regarding Members Without 
     Dependents.--Paragraph (1) of such subsection is amended by 
     inserting ``or for a period of more than 30 days'' after ``in 
     support of a contingency operation'' both places it appears.


                    AMENDMENT NO. 1428, AS MODIFIED

  (Purpose: To strengthen civil-military relationships by permitting 
  State and local governments to enter into lease purchase agreements 
                  with the United States Armed Forces)

       At the end of subtitle B of title XXVIII of division B, add 
     the following:

     SEC. 2823. EXPANDED AUTHORITY TO ENTER INTO LEASE-PURCHASE 
                   AGREEMENTS.

       Section 2812 of title 10, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``a private contractor'' and inserting ``an 
     eligible entity''; and
       (B) by striking ``the contractor'' and inserting ``the 
     eligible entity'';
       (2) in subsection (c)--
       (A) by striking ``(c)(1)'' and inserting ``(c)'';
       (B) by striking paragraph (2); and
       (C) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2); and
       (3) by adding at the end the following new subsection:
       ``(e) In this section, the term `eligible entity' means any 
     private person, corporation, firm, partnership, company, or 
     State or local government.''.


                    AMENDMENT NO. 1434, AS MODIFIED

(Purpose: To make available, with an offset, an additional $20,300,000 
 for aircraft procurement for the Army to increase the number of UH-60 
 Black Hawk helicopters to be procured in response to attrition from 2 
                     helicopters to 4 helicopters)

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

     SEC. 114. UH-60 BLACK HAWK HELICOPTER PROCUREMENT IN RESPONSE 
                   TO ATTRITION.

       (a) Increase in Amount.--Of the amount authorized to be 
     appropriated by section 101(1) for aircraft for the Army, the 
     amount available for the procurement UH-60 Black Hawk 
     helicopters in response to attrition is hereby increased to 
     $40,600,000, with the amount to be used to increase the 
     number of UH-60 Black Hawk helicopters to be procured in 
     response to attrition from 2 helicopters to 4 helicopters.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 101(1) for aircraft for the Army, the amount 
     available for UH-60 Black Hawk helicopter medevac kits is 
     hereby reduced to $29,700,000, with the amount to be derived 
     in a reduction in the number of such kits from 10 kits to 6 
     kits.


                           AMENDMENT NO. 1445

      (Purpose: To grant a Federal charter to Korean War Veterans 
                       Association, Incorporated)

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

     SEC. 1073. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS 
                   ASSOCIATION, INCORPORATED.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended--
       (1) by striking the following:

                     ``CHAPTER 1201--[RESERVED]'';

     and
       (2) by inserting after chapter 1103 the following new 
     chapter:

     ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.

     ``Sec. 120101. Organization

       ``(a) Federal Charter.--Korean War Veterans Association, 
     Incorporated (in this chapter, the `corporation'), a 
     nonprofit organization that meets the requirements for a 
     veterans service organization under section 501(c)(19) of the 
     Internal Revenue Code of 1986 and that is organized under the 
     laws of the State of New York, is a federally chartered 
     corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) expires.

     ``Sec. 120102. Purposes

       ``The purposes of the corporation are those provided in its 
     articles of incorporation and shall include the following:
       ``(1) Organize as a veterans service organization in order 
     to maintain a continuing interest in the welfare of veterans 
     of the Korean War, and rehabilitation of the disabled 
     veterans of the Korean War to include all that served during 
     active hostilities and subsequently in defense of the 
     Republic of Korea, and their families.
       ``(2) To establish facilities for the assistance of all 
     veterans and to represent them in their claims before the 
     Department of Veterans Affairs and other organizations 
     without charge.
       ``(3) To perpetuate and preserve the comradeship and 
     friendships born on the field of battle and nurtured by the 
     common experience of service to our nation during the time of 
     war and peace.
       ``(4) To honor the memory of those men and women who gave 
     their lives that a free America and a free world might live 
     by the creation of living memorial, monuments, and other 
     forms of additional educational, cultural, and recreational 
     facilities.
       ``(5) To preserve for ourselves and our posterity the great 
     and basic truths and enduring principles upon which this 
     nation was founded.

     ``Sec. 120103. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of members of the corporation, are as 
     provided in the bylaws of the corporation.

     ``Sec. 120104. Governing body

       ``(a) Board of Directors.--The composition of the board of 
     directors of the corporation, and the responsibilities of the 
     board, are as provided in the articles of incorporation of 
     the corporation.
       ``(b) Officers.--The positions of officers of the 
     corporation, and the election of the officers, are as 
     provided in the articles of incorporation.

     ``Sec. 120105. Powers

       ``The corporation has only those powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 120106. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.

[[Page 25416]]

       ``(b) Political Activities.--The corporation, or a director 
     or officer of the corporation as such, may not contribute to, 
     support, or participate in any political activity or in any 
     manner attempt to influence legislation.
       ``(c) Loan.--The corporation may not make a loan to a 
     director, officer, or employee of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval, or the 
     authority of the United States, for any of its activities.
       ``(e) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     State of New York.

     ``Sec. 120107. Tax-exempt status required as condition of 
       charter

       ``If the corporation fails to maintain its status as an 
     organization exempt from taxation under the Internal Revenue 
     Code of 1986, the charter granted under this chapter shall 
     terminate.

     ``Sec. 120108. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of its members entitled to vote on matters relating 
     to the corporation.
       ``(b) Inspection.--A member entitled to vote on matters 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose, at any reasonable time.

     ``Sec. 120109. Service of process

       ``The corporation shall have a designated agent in the 
     District of Columbia to receive service of process for the 
     corporation. Notice to or service on the agent is notice to 
     or service on the Corporation.

     ``Sec. 120110. Liability for acts of officers and agents

       ``The corporation is liable for the acts of its officers 
     and agents acting within the scope of their authority.

     ``Sec. 120111. Annual report

       ``The corporation shall submit to Congress an annual report 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101(b) of 
     this title. The report may not be printed as a public 
     document.

     ``Sec. 120112. Definition

       ``For purposes of this chapter, the term `State' includes 
     the District of Columbia and the territories and possessions 
     of the United States.''.
       (b) Clerical Amendment.--The item relating to chapter 1201 
     in the table of chapters at the beginning of subtitle II of 
     title 36, United States Code, is amended to read as follows:

``1201. Korean War Veterans Association, Incorporated.........120101''.


                    AMENDMENT NO. 1448, AS MODIFIED

(Purpose: To ensure a response to medical needs arising from mandatory 
                         military vaccinations)

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

     SEC. 718. RESPONSE TO MEDICAL NEEDS ARISING FROM MANDATORY 
                   MILITARY VACCINATIONS.

       (a) In General.--The Secretary of Defense shall maintain a 
     joint military medical center of excellence focusing on the 
     medical needs arising from mandatory military vaccinations.
       (b) Elements.--The joint military medical center of 
     excellence under subsection (a) shall consist of the 
     following:
       (1) The Vaccine Health Care Centers of the Department of 
     Defense, which shall be the principle elements of the center.
       (2) Any other elements that the Secretary considers 
     appropriate.
       (c) Authorized Activities.--In acting as the principle 
     elements of the joint military medical center under 
     subsection (a), the Vaccine Health Care Centers referred to 
     in subsection (b)(1) may carry out the following:
       (1) Medical assistance and care to individuals receiving 
     mandatory military vaccines and their dependents, including 
     long-term case management for adverse events where necessary.
       (2) Evaluations to identify and treat potential and actual 
     health effects from vaccines before and after their use in 
     the field.
       (3) The development and sustainment of a long-term vaccine 
     safety and efficacy registry.
       (4) Support for an expert clinical advisory board for case 
     reviews related to disability assessment questions.
       (5) Long-term and short-term studies to identify 
     unanticipated benefits and adverse events from vaccines.
       (6) Educational outreach for immunization providers and 
     those requiring immunizations.
       (7) The development, dissemination, and validation of 
     educational materials for Department of Defense healthcare 
     workers relating to vaccine safety, efficacy, and 
     acceptability.


                    AMENDMENT NO. 1451, AS MODIFIED

(Purpose: To require screenings of members of the Armed Forces for Post 
     Traumatic Stress Disorder and other mental health conditions)

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

     SEC. 573. MENTAL HEALTH SCREENINGS OF MEMBERS OF THE ARMED 
                   FORCES FOR POST TRAUMATIC STRESS DISORDER AND 
                   OTHER MENTAL HEALTH CONDITIONS.

       (a) Mental Health Screenings.--
       (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.
       (b) Nature of Screenings.--The first mental health 
     screening of a member under this section shall be designed to 
     determine the mental state of such member before deployment. 
     Each other mental health screening of a member under this 
     section shall be designated to detect symptoms or other 
     evidence in such member of Post Traumatic Stress Disorder 
     (PTSD) or other mental health condition relating to combat.
       (c) Time of Screenings.--A member shall receive a mental 
     health screening under this section at times as follows:
       (1) Prior to deployment in a combat operation or to a 
     combat zone.
       (2) Not later than 30 days after the date of the member's 
     return from such deployment.
       (3) Not later than 120 days after the date of the members 
     return from such deployment.


                    AMENDMENT NO. 1453, AS MODIFIED

 (Purpose: To ensure the protection of military and civilian personnel 
 in the Department of Defense from an influenza pandemic, including an 
                       avian influenza pandemic)

       In subtitle B of title VII of the bill, add the following 
     at the end:

     SEC. 718. PANDEMIC AVIAN FLU PREPAREDNESS.

       (a) Report.--The Secretary of Defense shall report to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives efforts within the Department of Defense to 
     prepare for pandemic influenza, including pandemic avian 
     influenza. The Secretary shall address the following, with 
     respect to military and civilian personnel--
       (1) the procurement of vaccines, antivirals and other 
     medicines, and medical supplies, including personal 
     protective equipment, particularly those that must be 
     imported;
       (2) protocols for the allocation and distribution of 
     vaccines and medicines among high priority populations;
       (3) public health containment measures that may be 
     implemented on military bases and other facilities, including 
     quarantine, travel restrictions and other isolation 
     precautions;
       (4) communication with Department of Defense affiliated 
     health providers about pandemic preparedness and response;
       (5) surge capacity for the provision of medical care during 
     pandemics;
       (6) the availability and delivery of food and basic 
     supplies and services;
       (7) surveillance efforts domestically and internationally, 
     including those utilizing the Global Emerging Infections 
     Systems (GEIS), and how such efforts are integrated with 
     other ongoing surveillance systems;
       (8) the integration of pandemic and response planning with 
     those of other Federal departments, including the Department 
     of Health and Human Services, Department of the Veterans 
     Affairs, Department of State, and USAID; and
       (9) collaboration (as appropriate) with international 
     entities engaged in pandemic preparedness and response.
       (b) Submission of Report.--Not later than 120 days after 
     the date of enactment of this Act, the Secretary of Defense 
     shall submit the report to the Committees on Armed Services 
     of the Senate and the House of Representatives.


                    amendment no. 1463, as modified

(Purpose: To authorize a land conveyance at Iowa Army Ammunition Plant, 
                           Middletown, Iowa)

       On page 357, between lines 19 and 20, insert the following:

     SEC. 2843. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, 
                   MIDDLETOWN, IOWA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the City of Middletown (in this section referred to 
     as the ``City'') all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, consisting of approximately 1.0 acres 
     located at the Iowa Army Ammunition Plant, Middletown, Iowa, 
     for the purpose of economic development.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the City shall provide the 
     United States, whether by cash payment, in-kind 
     consideration, or a combination thereof, an amount that is 
     not less than the fair market value of the conveyed property, 
     as determined by the Secretary.

[[Page 25417]]

       (c) Payment of Costs of Conveyance.--
       (1) In general.--The Secretary may require the City to 
     cover costs to be incurred by the Secretary, or to reimburse 
     the Secretary for costs incurred by the Secretary, to carry 
     out the conveyance under subsection (a), including survey 
     costs, costs related to environmental documentation, and 
     other administrative costs related to the conveyance. If 
     amounts are collected from the City in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the City.
       (2) Reimbursement.--Amounts received as reimbursement under 
     paragraph (1) shall be credited to the fund or account that 
     was used to cover the costs incurred by the Secretary in 
     carrying out the conveyance. Amounts so credited shall be 
     merged with amounts in such fund or account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such fund or 
     account.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by surveys satisfactory to 
     the Secretary. The cost of each survey shall be borne by the 
     City.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.


                           amendment no. 1473

    (Purpose: To improve the availability to survivors of military 
   decedents of information on the benefits and assistance available 
                    through the Federal Government)

       On page 117, line 11, insert ``through a computer 
     accessible Internet website and other means and'' before ``at 
     no cost''.


                           amendment no. 1478

    (Purpose: To make oral and maxillofacial surgeons eligible for 
 incentive special pay payable to medical officers of the Armed Forces)

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

     SEC. 624. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR 
                   INCENTIVE SPECIAL PAY FOR MEDICAL OFFICERS OF 
                   THE ARMED FORCES.

       (a) In General.--For purposes of eligibility for incentive 
     special pay payable under section 302(b) of title 37, United 
     States Code, oral and maxillofacial surgeons shall be treated 
     as medical officers of the Armed Forces who may be paid 
     variable special pay under section 302(a)(2) of such title.
       (b) Effective Date.--Subsection (a) shall take effect on 
     October 1, 2005, and shall apply with respect to incentive 
     special pay payable under section 302(b) of title 37, United 
     States Code, on or after that date.


                           amendment no. 1481

   (Purpose: To modify the authority of Army working-capital funded 
 facilities to engage in cooperative activities with non-Army entities)

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

     SEC. 330. MODIFICATION OF AUTHORITY OF ARMY WORKING-CAPITAL 
                   FUNDED FACILITIES TO ENGAGE IN COOPERATIVE 
                   ACTIVITIES WITH NON-ARMY ENTITIES.

       (a) Applicability of Sunset.--Subsection (j) of section 
     4544 of title 10, United States Code, is amended by striking 
     ``September 30, 2009,'' and all that follows through the end 
     and inserting September 30, 2009.''.
       (b) Crediting of Proceeds of Sale of Articles and 
     Services.--Such section is further amended--
       (1) in subsection (d), by striking ``subsection (e)'' and 
     inserting ``subsection (f)'';
       (2) by redesignating subsections (e), (f), (g), (h), and 
     (i) as subsections (f), (g), (h), (i), and (j), respectively;
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Proceeds Credited to Working Capital Fund.--The 
     proceeds of sale of an article or service pursuant to a 
     contract or other cooperative arrangement under this section 
     shall be credited to the working capital fund that incurs the 
     cost of manufacturing the article or performing the 
     service.''; and
       (4) in subsection (g), as redesignated by paragraph (2) of 
     this subsection, by striking ``subsection (e)'' and inserting 
     ``subsection (f)''.


                           amendment no. 1495

 (Purpose: To provide that the governments of Indian tribes be treated 
as State and local governments for purposes of the disposition of real 
 property recommended for closure in the report to the President from 
    the Defense Base Closure and Realignment Commission, July 1993)

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

     SEC. 2887. TREATMENT OF INDIAN TRIBE GOVERNMENTS AS PUBLIC 
                   ENTITIES FOR PURPOSES OF DISPOSAL OF REAL 
                   PROPERTY RECOMMENDED FOR CLOSURE IN JULY 2003 
                   BRAC COMMISSION REPORT.

       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''.


                           amendment no. 1502

 (Purpose: To make permanent the extension of the period of temporary 
 continuation of basic allowance for housing for dependents of members 
              of the Armed Forces who die on active duty)

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

     SEC. 605. PERMANENT EXTENSION OF PERIOD OF TEMPORARY 
                   CONTINUATION OF BASIC ALLOWANCE FOR HOUSING FOR 
                   DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO 
                   DIE ON ACTIVE DUTY.

       Effective immediately after the termination, pursuant to 
     subsection (b) of section 1022 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 251), of 
     the amendments made by subsection (a) of such section, 
     section 403(l) of title 37, United States Code, is amended by 
     striking ``180 days'' each place it appears and inserting 
     ``365 days''.


                    amendment no. 1514, as modified

 (Purpose: To authorize a land conveyance at Marine Corps Air Station, 
                    Miramar, San Diego, California)

       On page 357, strike line 20, and insert the following:

                       PART II--NAVY CONVEYANCES

     SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION, 
                   MIRAMAR, SAN DIEGO, CALIFORNIA.

       (a) Conveyance Authorized.--Subject to subsection (c), the 
     Secretary of the Navy may convey to the County of San Diego, 
     California (in this section referred to as the ``County''), 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements thereon 
     and appurtenant easements thereto, consisting of 
     approximately 230 acres located on the eastern boundary of 
     Marine Corps Air Station, Miramar, California, for the 
     purpose of removing the property from the boundaries of the 
     installation and permitting the County to preserve the entire 
     property known as the Stowe Trail as a public passive park/
     recreational area.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the County shall provide the United States an 
     amount with a total value that is not less than the fair 
     market value of the conveyed real property, as determined by 
     the Secretary.
       (c) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the real property conveyed under subsection (a) is not 
     being used in accordance with the purpose of the conveyance 
     specified in such subsection, all right, title, and interest 
     in and to the property, including any improvements thereon, 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after an opportunity for a hearing.
       (2) Release of reversionary interest.--The Secretary shall 
     release, without consideration, the reversionary interest 
     retained by the United States under paragraph (1) if--
       (A) Marine Corps Air Station, Miramar, is no longer being 
     used for Department of Defense activities;
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     County to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a) and 
     implement the receipt of consideration under subsection (b), 
     including appraisal costs, survey costs, costs related to 
     environmental documentation, and other administrative costs 
     related to the conveyance and receipt of consideration. If 
     amounts are collected from the County in advance of the 
     Secretary incurring the actual costs, and the amount received 
     exceeds the costs actually incurred by the Secretary under 
     this section, the Secretary shall refund the excess amount to 
     the County.
       (2) Reimbursement.--Amounts received as reimbursement under 
     paragraph (1) shall be credited to the fund or account that 
     was used to cover the costs incurred by the Secretary in 
     carrying out the conveyance. Amounts so credited shall be 
     merged with amounts in such fund or account and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such fund or 
     account.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

[[Page 25418]]



                    PART III--AIR FORCE CONVEYANCES


                    amendment no. 1515, as modified

(Purpose: To make available an additional $60,000,000 for operation and 
  maintenance, Defense-wide, for certain child and family assistance 
               benefits for members of the Armed Forces)

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

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

       (a) Additional Amount for Operation and Maintenance, 
     Defense-Wide.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance, Defense-wide 
     activities, is hereby increased by $60,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance, 
     Defense-wide activities, as increased by subsection (a), 
     $60,000,000 may be available as follows:
       (1) $50,000,000 for childcare services for families of 
     members of the Armed Forces.
       (2) $10,000,000 for family assistance centers that 
     primarily serve members of the Armed Forces and their 
     families.
       (b) Offset.--Of the amounts authorized to be appropriated 
     by section 301(i) for operation and maintenance, Army are 
     hereby reduced by $60,000,000.


                    amendment no. 1519, as modified

 (Purpose: To provide for a Department of Defense task force on mental 
                                health)

       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 the 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.--
       (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).


                    amendment no. 1526, as modified

(Purpose: To express the sense of the Senate on the need for community 
    impact assistance related to the construction by the Navy of an 
                 outlying land field in North Carolina)

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

     SEC. 2887. SENSE OF THE SENATE REGARDING COMMUNITY IMPACT 
                   ASSISTANCE RELATED TO CONSTRUCTION OF NAVY 
                   LANDING FIELD, NORTH CAROLINA.

       It is the sense of the Senate that--
       (1) the planned construction of an outlying landing field 
     in North Carolina is vital to the national security interests 
     of the United States; and

[[Page 25419]]

       (2) the Department of Defense should work with other 
     Federal agencies to provide community impact assistance to 
     those communities directly impacted by the location of the 
     outlying landing field, including--
       (A) economic development assistance;
       (B) impact aid program assistance if required;
       (C) the provision by cooperative agreement with the Navy of 
     fire, rescue, water, and sewer services;
       (D) access by leasing arrangement to appropriate land for 
     farming for farmers impacted by the location of the landing 
     field;
       (E) direct relocation assistance; and
       (F) fair compensation to landowners for property purchased 
     by the Navy.


                    amendment no. 1548, as modified

   (Purpose: To increase, with an offset, amounts available for the 
           procurement of Predator unmanned aerial vehicles)

       On page 305, strike line 2 and all that follows through 
     line 6, and insert the following:
       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for the procurement 
     accounts for the Air Force in the amounts as follows:
       (1) For aircraft, $323,200,000.
       (2) For other procurement, $51,900,000.
       (b) Availability of Certain Amounts.--Of the amounts 
     authorized to be appropriated by subsection (a)(1), 
     $218,500,000 may be available for purposes as follows:
       (1) Procurement of Predator MQ-1 air vehicles, initial 
     spares, and RSP kits.
       (2) Procurement of Containerized Dual Control Station 
     Launch and Recovery Elements.
       (3) Procurement of a Fixed Ground Control Station.
       (4) Procurement of other upgrades to Predator MQ-1 Ground 
     Control Stations, spares, and signals intelligence packages.

     SEC. 1405A. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR 
                   IRAQ FREEDOM FUND.

       The amount authorized to be appropriated for fiscal year 
     2006 for the Iraq Freedom Fund is the amount specified by 
     section 1409(a) of this Act, reduced by $218,500,000.


                    amendment no. 1555, as modified

  (Purpose: To regulate management contracts, require an Analysis of 
 Alternatives for major acquisitions of the Department of Defense and 
     impose additional limitations on certain leases and charters)

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

     SEC. 807. MODIFICATION OF REQUIREMENTS APPLICABLE TO 
                   CONTRACTS AUTHORIZED BY LAW FOR CERTAIN 
                   MILITARY MATERIEL.

       (a) Inclusion of Combat Vehicles Under Requirements.--
     Section 2401 of title 10, United States Code, is amended--
       (1) by striking ``vessel or aircraft'' each place it 
     appears and inserting ``vessel, aircraft, or combat 
     vehicle'';
       (2) in subsection (c), by striking ``aircraft or naval 
     vessel'' each place it appears and inserting ``aircraft, 
     naval vessel, or combat vehicle'';
       (3) in subsection (e), by striking ``aircraft or naval 
     vessels'' each place it appears and inserting ``aircraft, 
     naval vessels, or combat vehicle''; and
       (4) in subsection (f)--
       (A) by striking ``aircraft and naval vessels'' and 
     inserting ``aircraft, naval vessels, and combat vehicle''; 
     and
       (B) by striking ``such aircraft and vessels'' and inserting 
     ``such aircraft, vessels, and combat vehicle''.
       (b) Additional Information for Congress.--Subsection (b) of 
     such section is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) the Secretary has certified to those committees--
       ``(i) that entering into the proposed contract as a means 
     of obtaining the vessel, aircraft, or combat vehicle is the 
     most cost-effective means of obtaining such vessel, aircraft, 
     or combat vehicle; and
       ``(ii) that the Secretary has determined that the lease 
     complies with all applicable laws, Office of Management and 
     Budget circulars, and Department of Defense regulations.''; 
     and
       (2) by adding at the end the following new paragraphs:
       ``(3) Upon receipt of a notice under paragraph (1)(C), a 
     committee identified in paragraph (1)(B) may request the 
     Inspector General of the Department of Defense or the 
     Comptroller General of the United States to conduct a review 
     of the proposed contract to determine whether or not such 
     contract meets the requirements of this section.
       ``(4) If a review is requested under paragraph (3), the 
     Inspector General of the Department of Defense or the 
     Comptroller General of the United States, as the case may be, 
     shall submit to the Secretary and the congressional defense 
     committees a report on such review before the expiration of 
     the period specified in paragraph (1)(C).''.
       (c) Applicability of Acquisition Regulations.--Such section 
     is further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f)(1) If a lease or charter covered by this section is a 
     capital lease or a lease-purchase--
       ``(A) the lease or charter shall be treated as an 
     acquisition and shall be subject to all applicable statutory 
     and regulatory requirements for the acquisition of aircraft, 
     naval vessels, or combat vehicles; and
       ``(B) funds appropriated to the Department of Defense for 
     operation and maintenance may not be obligated or expended 
     for the lease or charter.
       ``(2) In this subsection, the terms `capital lease' and 
     `lease-purchase' have the meanings given those terms in 
     Appendix B to Office of Management and Budget Circular A-11, 
     as in effect on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2006.''.
       (d) Conforming and Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

     ``Sec. 2401. Requirement for authorization by law of certain 
       contracts relating to vessels, aircraft, and combat 
       vehicles''.

       (2) The table of sections at the beginning of chapter 141 
     of such title is amended by striking the item relating to 
     section 2401 and inserting the following new item:

``Sec. 2401. Requirement for authorization by law of certain contracts 
              relating to vessels, aircraft, and combat vehicles.''.

     SEC. 808. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES FOR MAJOR 
                   DEFENSE ACQUISITION PROGRAMS.

       (a) Requirement.--
       (1) In general.--Chapter 144 of title 10, United States 
     Code, is amended by inserting after section 2431 the 
     following new section:

     ``Sec. 2431a. Major defense acquisition programs: requirement 
       for analysis of alternatives

       ``(a) No major defense acquisition program may be commenced 
     before the completion of an analysis of alternatives with 
     respect to such program.
       ``(b) For the purposes of this section, a major defense 
     acquisition program is commenced when the milestone decision 
     authority approves entry of the program into the first phase 
     of the acquisition process applicable to the program.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 144 of such title is amended by 
     inserting after the item relating to section 2431 the 
     following new item:

``2431a. Major defense acquisition programs: requirement for analysis 
              of alternatives.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to major defense acquisition 
     programs commenced on or after that date.

     SEC. 809. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE 
                   ACQUISITION OF MAJOR SYSTEMS.

       (a) Report Required.--Not later than 90 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 lead system integrators for the acquisition by the 
     Department of Defense of major systems.
       (b) Contents.--The report required by subsection (a) shall 
     include a detailed description of the actions taken, or to be 
     taken (including a specific timetable), and the current 
     regulations and guidelines regarding--
       (1) the definition of the respective rights of the 
     Department of Defense, lead system integrators, and other 
     contractors that participate in the development or production 
     of any individual element of the major weapon system 
     (including subcontractors under lead system integrators) in 
     intellectual property that is developed by the other 
     participating contractors in a manner that ensures that--
       (A) the Department of Defense obtains appropriate rights in 
     technical data developed by the other participating 
     contractors in accordance with the requirements of section 
     2320 of title 10, United States Code; and
       (B) lead system integrators obtain access to technical data 
     developed by the other participating contractors only to the 
     extent necessary to execute their contractual obligations as 
     lead systems integrators;
       (2) the prevention or mitigation of organizational 
     conflicts of interest on the part of lead system integrators;
       (3) the prevention of the performance by lead system 
     integrators of functions closely associated with inherently 
     governmental functions;
       (4) the appropriate use of competitive procedures in the 
     award of subcontracts by lead system integrators with system 
     responsibility;
       (5) the prevention of organizational conflicts of interest 
     arising out of any financial interest of lead system 
     integrators without system responsibility in the development 
     or production of individual elements of a major weapon 
     system; and
       (6) the prevention of pass-through charges by lead system 
     integrators with system responsibility on systems or 
     subsystems developed or produced under subcontracts where

[[Page 25420]]

     such lead system integrators do not provide significant value 
     added with regard to such systems or subsystems.
       (c) Definitions.--In this section:
       (1) The term ``lead system integrator'' includes lead 
     system integrators with system responsibility and lead system 
     integrators without system responsibility.
       (2) The term ``lead system integrator with system 
     responsibility'' means a prime contractor for the development 
     or production of a major system if the prime contractor is 
     not expected at the time of award, as determined by the 
     Secretary of Defense for purposes of this section, to perform 
     a substantial portion of the work on the system and the major 
     subsystems.
       (3) The term ``lead system integrator without system 
     responsibility'' means a contractor under a contract for the 
     procurement of services whose primary purpose is to perform 
     acquisition functions closely associated with inherently 
     governmental functions with regard to the development or 
     production of a major system.
       (4) The term ``major system'' has the meaning given such 
     term in section 2302d of title 10, United States Code.
       (5) The term ``pass-through charge'' means a charge for 
     overhead or profit on work performed by a lower-tier 
     contractor (other than charges for the direct costs of 
     managing lower-tier contracts and overhead and profit based 
     on such direct costs) that does not, as determined by the 
     Secretary for purposes of this section, promote significant 
     value added with regard to such work.
       (6) The term ``functions closely associated with inherently 
     governmental functions'' has the meaning given such term in 
     section 2383(b)(3) of title 10, United States Code.


                    AMENDMENT NO. 1563, AS MODIFIED

(Purpose: To authorize the Secretary of the Navy to lease United States 
Navy Museum facilities at Washington Naval Yard, District of Columbia, 
                  to the Naval Historical Foundation)

       On page 357, strike line 20 and insert the following:

                       PART II--NAVY CONVEYANCES

     SEC. 2851. LEASE OF UNITED STATES NAVY MUSEUM FACILITIES AT 
                   WASHINGTON NAVY YARD, DISTRICT OF COLUMBIA.

       (a) Lease or License Authorized.--
       (1) In general.--The Secretary of the Navy may lease or 
     license to the Naval Historical Foundation (in this section 
     referred to as the ``Foundation'') facilities located at 
     Washington Navy Yard, Washington, District of Columbia, that 
     house the United States Navy Museum (in this section referred 
     to as the ``Museum'') for the purpose of carrying out the 
     following activities:
       (A) Generation of revenue for the Museum through the rental 
     of facilities to the public, commercial and non-profit 
     entities, State and local governments, and other Federal 
     agencies.
       (B) Administrative activities in support of the Museum.
       (2) Limitation.--Any activities carried out at the 
     facilities leased or licensed under paragraph (1) must be 
     consistent with the operations of the Museum.
       (b) Consideration.--The amount of consideration paid in a 
     year by the Foundation to the United States for the lease or 
     license of facilities under subsection (a) may not exceed the 
     actual cost, as determined by the Secretary, of the annual 
     operation and maintenance of the facilities.
       (c) Use of Proceeds.--
       (1) Deposit of proceeds.--The Secretary shall deposit any 
     amounts received under subsection (b) for the lease or 
     license of facilities under subsection (a) into the account 
     for appropriations available for the operation and 
     maintenance of the Museum.
       (2) Availability of amounts.--The Secretary may use any 
     amounts deposited under paragraph (1) to cover the costs 
     associated with the operation and maintenance of the Museum 
     and its exhibits.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the lease or lease of facilities under subsection (a) as 
     the Secretary considers appropriate to protect the interests 
     of the United States.

                    PART III--AIR FORCE CONVEYANCES


                    AMENDMENT NO. 1568, AS MODIFIED

 (Purpose: To require quarterly reports on audits of task or delivery 
      order contracts and other contracts related to security and 
   reconstruction activities in Iraq and Afghanistan and to address 
               irregularities identified in such reports)

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

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

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


                    AMENDMENT NO. 1574, AS MODIFIED

 (Purpose: To require a report on the development of a second domestic 
 source for tire production and supply for the Stryker combat vehicle)

       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.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of the 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.

[[Page 25421]]




                    AMENDMENT NO. 1578, AS MODIFIED

   (Purpose: To require reports on significant increases in program 
   acquisition unit costs or procurement unit costs of major defense 
                         acquisition programs)

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

     SEC. 807. REPORTS ON SIGNIFICANT INCREASES IN PROGRAM 
                   ACQUISITION UNIT COSTS OR PROCUREMENT UNIT 
                   COSTS OF MAJOR DEFENSE ACQUISITION PROGRAMS.

       (a) Initial Report Required.--Not later than 90 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 acquisition status of each major defense 
     acquisition program whose program acquisition unit cost or 
     procurement unit cost, as of the date of the enactment of 
     this Act, has exceeded by more than 50 percent the original 
     baseline projection for such unit cost. The report shall 
     include the information specified in subsection (c).
       (c) Information.--The information specified in this 
     subsection with respect to a major defense acquisition 
     program is the following:
       (1) An assessment of the costs to be incurred to complete 
     the program if the program is not modified.
       (2) An explanation of why the costs of the program have 
     increased.
       (3) A justification for the continuation of the program 
     notwithstanding the increase in costs.
       (d) Major Defense Acquisition Program Defined.--In this 
     section, the term ``major defense acquisition program'' has 
     the meaning given that term in section 2430 of title 10, 
     United States Code.


                           AMENDMENT NO. 2446

(Purpose: To require a report on the Department of Defense response to 
  the findings and recommendations of the Defense Science Board Task 
              Force on High Performance Microchip Supply)

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

     SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO 
                   FINDINGS AND RECOMMENDATIONS OF DEFENSE SCIENCE 
                   BOARD TASK FORCE ON HIGH PERFORMANCE MICROCHIP 
                   SUPPLY.

       (a) Report Required.--Not later than March 15, 2006, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the implementation of the 
     recommendations of the Defense Science Board Task Force on 
     High Performance Microchip Supply.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) An analysis of each finding of the Task Force.
       (2) A detailed description of the response of the 
     Department of Defense to each recommendation of the Task 
     Force, including--
       (A) for each recommendation that is being implemented or 
     that the Secretary plans to implement--
       (i) a summary of actions that have been taken to implement 
     the recommendation; and
       (ii) a schedule, with specific milestones, for completing 
     the implementation of the recommendation; and
       (B) For each recommendation that the Secretary does not 
     plan to implement--
       (i) the reasons for the decision not to implement the 
     recommendation; and
       (ii) a summary of alternative actions the Secretary plans 
     to take to address the purposes underlying the 
     recommendation.
       (3) A summary of any additional actions the Secretary plan 
     to take to address concerns raised by the Task Force.
       (c) Consultation.--To the extent practicable, the Secretary 
     may consult with other departments and agencies of the 
     Federal Government, institutions of higher education and 
     other academic organizations, and industry in the development 
     of the report required by subsection (a).


                           AMENDMENT NO. 2447

 (Purpose: To express the sense of the Senate regarding the investment 
  of funds as called for in the Depot Maintenance Strategy and Master 
                         Plan of the Air Force)

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

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

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


                           amendment no. 2448

       (Purpose: To state the policy of the United States on the 
               intercontinental ballistic missile force)

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

     SEC. 1073. POLICY OF THE UNITED STATES ON THE 
                   INTERCONTINENTAL BALLISTIC MISSILE FORCE.

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


                           amendment no. 2449

    (Purpose: To require a study on the use of the Space Radar for 
         topographic mapping for scientific and civil purposes)

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

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

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

[[Page 25422]]

         (6) A description of the process for developing 
     requirements for the Space Radar, including the involvement 
     of the Civil Applications Committee.


                           amendment no. 2450

 (Purpose: To amend the assistance to local educational agencies with 
 significant enrollment changes in military dependent students due to 
force structure changes, troop relocations, creation of new units, and 
                        realignment under BRAC)

         In the section heading of section 582, insert ``OR 
     DECREASES'' after ``INCREASES''.
         In section 582(a), insert ``or decrease'' after ``overall 
     increase''.
         In the matter preceding subparagraph (A) of section 
     582(b)(2), insert ``or decrease'' after ``overall increase''.
         In section 582(b)(2)(B), strike ``; or'' and insert a 
     semicolon.
         In section 582(b)(2)(C), strike the period at the end and 
     insert ``; or''.
         In section 528(b)(2), add at the end the following:
         (D) a change in the number of housing units on a military 
     installation.
         In section 582(d)(1), insert ``or decrease'' after 
     ``overall increase''.


                           amendment no. 2451

  (Purpose: To authorize pilot projects to encourage pediatric early 
        literacy among children of members of the Armed Forces)

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

     SEC. 585. PILOT PROJECTS ON PEDIATRIC EARLY LITERACY AMONG 
                   CHILDREN OF MEMBERS OF THE ARMED FORCES.

         (a) Pilot Projects Authorized.--The Secretary of Defense 
     may conduct pilot projects to assess the feasibility, 
     advisability, and utility of encouraging pediatric literacy 
     among the children of members of the Armed Forces utilizing 
     the Reach Out and Read model of pediatric early literacy.
         (b) Locations.--
         (1) In general.--The pilot projects conducted under 
     subsection (a) shall be conducted at not more than 20 
     military medical treatment facilities designated by the 
     Secretary for purposes of this section.
         (2) Co-location with certain installations.--In 
     designating military medical treatment facilities under 
     paragraph (1), the Secretary shall, to the extent 
     practicable, designate facilities that are located on, or co-
     located with, military installations at which the 
     mobilization or demobilization of members of the Armed Forces 
     occurs.
         (c) Activities.--Activities under the pilot projects 
     conducted under subsection (a) shall include activities in 
     accordance with the Reach Out and Read model of pediatric 
     early literacy as follows:
         (1) The provision of training to health care providers 
     and other appropriate personnel on early literacy promotion.
         (2) The purchase and distribution of children's books to 
     members of the Armed Forces, their spouses, and their 
     children.
         (3) The modification of treatment facility and clinic 
     waiting rooms to include a full selection of literature for 
     children.
         (4) The dissemination to members of the Armed Forces and 
     their spouses of parent education materials on pediatric 
     early literacy.
         (5) Such other activities as the Secretary considers 
     appropriate.
         (d) Consultation.--The Secretary shall consult with the 
     Reach Out and Read National Center in the development and 
     implementation of the pilot projects conducted under this 
     section, including in the designation of locations of the 
     pilot projects under subsection (b).
         (e) Report.--
         (1) In general.--Not later than March 1, 2007, the 
     Secretary shall submit to the congressional defense 
     committees a report on the pilot projects conducted under 
     this section.
         (2) Elements.--The report under paragraph (1) shall 
     include--
         (A) a description of the pilot projects conducted under 
     this section, including the location of each pilot project 
     and the activities conducted under each pilot project; and
         (B) an assessment of the feasibility, advisability, and 
     utility of encouraging pediatric early literacy among the 
     children of members of the Armed Forces utilizing the Reach 
     Out and Read model of pediatric early literacy.
         (f) Funding.--
         (1) In general.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance 
     for Defense-wide activities, up to $2,000,000 may be 
     available for the pilot projects authorized by this section.
         (2) Availability.--The amount available under paragraph 
     (1) shall remain available until expended.


                           amendment no. 2452

 (Purpose: To require the Secretary of Defense to establish a uniform 
    policy for the Armed Forces on parental leave and similar leave)

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

     SEC. 573. UNIFORM POLICY ON PARENTAL LEAVE AND SIMILAR LEAVE.

         (a) Policy Required.--The Secretary of Defense shall 
     prescribe in regulations a uniform policy for the taking by 
     members of the Armed Forces of parental leave to cover leave 
     to be used in connection with births or adoptions, as the 
     Secretary shall designate under the policy.
         (b) Uniformity Across Armed Forces.--The policy 
     prescribed under subsection (a) shall apply uniformly across 
     the Armed Forces.


                           amendment no. 2453

 (Purpose: To make available $80,000,000 for coproduction of the Arrow 
                   ballistic missile defense system)

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

     SEC. 224. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

         Of the amount authorized to be appropriated by section 
     201(5) for research, development, test, and evaluation for 
     Defense-wide activities and available for ballistic missile 
     defense, $80,000,000 may be available for coproduction of the 
     Arrow ballistic missile defense system.


                           AMENDMENT NO. 2454

  (Purpose: Relating to the acquisition strategy of the Department of 
        Defense for commercial satellite communication services)

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

     SEC. 807. ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE 
                   COMMUNICATION SERVICES.

       (a) Requirement for Spend Analysis.--The Secretary of 
     Defense shall, as a part of the effort of the Department of 
     Defense to develop a revised strategy for acquiring 
     commercial satellite communication services, perform a 
     complete spend analysis of the past and current acquisitions 
     by the Department of commercial satellite communication 
     services.
       (b) Report on Acquisition Strategy.--
       (1) In general.--Not later than six months after the date 
     of the enactment of this Act, the Secretary shall submit to 
     Congress a report on the acquisition strategy of the 
     Department of Defense for commercial satellite communications 
     services.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the spend analysis required by 
     subsection (a), including the results of the analysis.
       (B) The proposed strategy of the Department for acquiring 
     commercial satellite communication services, which strategy 
     shall--
       (i) be based in appropriate part on the results of the 
     analysis required by subsection (a); and
       (ii) take into account various methods of aggregating 
     purchases and leveraging the purchasing power of the 
     Department, including through the use of multiyear 
     contracting for commercial satellite communication services.
       (C) A proposal for such legislative action as the Secretary 
     considers necessary to acquire appropriate types and amounts 
     of commercial satellite communications services using methods 
     of aggregating purchases and leveraging the purchasing power 
     of the Department (including the use of multiyear 
     contracting), or if the use of such methods is determined 
     inadvisable, a statement of the rationale for such 
     determination.
       (D) A proposal for such other legislative action that the 
     Secretary considers necessary to implement the strategy of 
     the Department for acquiring commercial satellite 
     communication services.


                           AMENDMENT NO. 2455

     (Purpose: To require a report on nonstrategic nuclear weapons)

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

     SEC. 1205. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

       (a) Review.--No later than six months after date of 
     enactment, the Secretary of Defense shall, in consultation 
     with the Secretary of State, conduct a review of United 
     States and Russian nonstrategic nuclear weapons and determine 
     whether it is in the national security interest of the United 
     States--
       (1) to reduce the number of United States and Russian 
     nonstrategic nuclear weapons;
       (2) to improve the security of United States and Russian 
     nonstrategic nuclear weapons in storage storage and during 
     transport;
       (3) to identify and develop mechanisms and procedures to 
     implement transparent reductions in nonstrategic nuclear 
     weapons; and
       (4) to identify and develop mechanisms and procedures to 
     implement the transparent dismantlement of excess 
     nonstrategic nuclear weapons.
         (b) Report.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of State and the Secretary of 
     Energy, submit a joint report ton the results of the review 
     required under subsection (a). The report shall include a 
     plan to implement, not later than October 1, 2006, actions 
     determined to be in the United States national security 
     interest.
       (2) Form.--The report require under paragraph (1) shall be 
     submitted in unclassified form, but may include an 
     unclassified annex.


                           AMENDMENT NO. 2456

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

[[Page 25423]]



     SEC. 718. MENTAL HEALTH COUNSELORS UNDER TRICARE.

       (a) In General.--Section 1079(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(17) Services of mental health counselors, except that--
       ``(A) such services are limited to services provided by 
     counselors who are licensed under applicable State law to 
     provide mental health services;
       ``(B) such services may be provided independently of 
     medical oversight and supervision only in areas identified by 
     the Secretary as `medically underserved areas' where the 
     Secretary determines that 25 percent or more of the residents 
     are located in primary shortage areas designated pursuant to 
     section 332 of the Public Health Services Act (42 U.S.C. 
     254e); and
       ``(C) the provision of such services shall be consistent 
     with such rules as may be prescribed by the Secretary of 
     Defense, including criteria applicable to credentialing or 
     certification of mental health counselors and a requirement 
     that mental health counselors accept payment under this 
     section as full payment for all services provided pursuant to 
     this paragraph.''.
       (b) Authority to Enter Into Personal Services Contracts.--
     Section 704(c)(2) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 
     U.S.C. 1091 note) is amended by inserting ``mental health 
     counselors,'' after ``psychologists,''.


                           AMENDMENT NO. 2457

(Purpose: To clarify certain authorities relating the Commission on the 
                      National Guard and Reserves)

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

     SEC. __. CLARIFICATION OF CERTAIN AUTHORITIES RELATING TO THE 
                   COMMISSION ON THE NATIONAL GUARD AND RESERVES.

       (a) Nature of Commission.--Subsection (a) of section 513 of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1880) is 
     amended by inserting ``in the legislative branch'' after 
     ``There is established''.
       (b) Pay of Members.--Subsection (e)(1) of such section is 
     amended striking ``except that'' and all that follows through 
     the end and inserting ``except that--
       ``(A) in applying the first sentence of subsection (a) of 
     section 957 of such Act to the Commission, `may' shall be 
     substituted for `shall'; and
       ``(B) in applying subsections (a), (c)(2), and (e) of 
     section 957 of such Act to the Commission, `level IV of the 
     Executive Schedule' shall be substituted for `level V of the 
     Executive Schedule'.''.
       (c) Technical Amendment.--Subsection (c)(2)(C) of such 
     section is amended by striking ``section 404(a)(4)'' and 
     inserting ``section 416(a)(4)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 28, 2004, as if included in the 
     enactment of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005.


                           AMENDMENT NO. 2458

  (Purpose: To enhance various authorities to assist the recruitment 
                      efforts of the Armed Forces)

       On page 144, strike lines 1 through 3 and insert the 
     following:

     SEC. 619. RETENTION INCENTIVE AND ASSIGNMENT BONUS FOR 
                   MEMBERS OF THE SELECTED RESERVE QUALIFIED IN A 
                   CRITICAL MILITARY SKILL OR WHO VOLUNTEER FOR 
                   ASSIGNMENT TO A HIGH PRIORITY UNIT.

       On page 144, in the amendment made by section 619, strike 
     line 8 and all that follows through page 145, line 12, and 
     insert the following:

     ``Sec. 308k. Special pay: retention incentive bonus for 
       members of the Selected Reserve qualified in a critical 
       military skill; assignment bonus for members of the 
       Selected Reserve who volunteer for assignment to a high 
       priority unit

       ``(a) Bonuses Authorized.--(1) An eligible officer or 
     enlisted member of the armed forces may be paid a retention 
     bonus as provided in this section if--
       ``(A) in the case of an officer or warrant officer, the 
     member executes a written agreement to remain in the Selected 
     Reserve for at least 2 years;
       ``(B) in the case of an enlisted member, the member 
     reenlists or voluntarily extends the member's enlistment in 
     the Selected Reserve for a period of at least 2 years; or
       ``(C) in the case of an enlisted member serving on an 
     indefinite reenlistment, the member executes a written 
     agreement to remain in the Selected Reserve for at least 2 
     years.
       ``(2) An officer or enlisted member of the armed forces may 
     be paid an assignment bonus as provided in this section if 
     the member voluntarily agrees to an assignment to a high 
     priority unit of the Selected Reserve of the Ready Reserve of 
     an armed force for at least 2 years.
       ``(b) Members Eligible for Retention Bonus.--Subject to 
     subsection (d), an officer or enlisted member is eligible 
     under subsection (a)(1) for a retention bonus under this 
     section if the member--
       ``(1) is qualified in a military skill or specialty 
     designated as critical for purposes of this section under 
     subsection (c); or
       ``(2) agrees to train or retrain in a military skill or 
     specialty so designated as critical.
       ``(c) Designation of Critical Skills or Specialties and 
     High Priority Units.--The Secretary concerned shall--
       ``(1) designate the military skills and specialties that 
     shall be treated as critical military skills and specialties 
     for purposes of this section; and
       ``(2) designate the units that shall be treated as high 
     priority units for purposes of this section.

       On page 148, strike the matter between lines 6 and 7 and 
     insert the following:

``308k. Special pay: retention incentive bonus for members of the 
              Selected Reserve qualified in a critical military skill; 
              assignment bonus for members of the Selected Reserve who 
              volunteer for assignment to a high priority unit.''.

       At the end of division A, add the following:

                  TITLE XV--RECRUITMENT AND RETENTION

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Military Recruiting 
     Initiatives Act of 2005''.

     SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT BONUS.

       (a) Enlistment Bonus for Selected Reserve Members.--Section 
     308c(b) of title 37, United States Code, is amended by 
     striking ``$10,000'' and inserting ``$20,000''.
       (b) Enlistment Bonus for Active Members.--Section 309(a) of 
     title 37, United States Code, is amended by striking 
     ``$20,000'' and inserting ``$40,000''.

     SEC. 1503. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE 
                   MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR 
                   ENLISTMENT IN THE ARMY.

       (a) Authority To Pay Bonus.--The Secretary of the Army may 
     pay a bonus under this section to a member of the Army, 
     whether in the regular component of the Army or in the Army 
     National Guard or Army Reserve, who refers to an Army 
     recruiter a person who has not previously served in an Armed 
     Force and who, after such referral, enlists in the regular 
     component of the Army or in the Army National Guard or Army 
     Reserve.
       (b) Referral.--For purposes of this section, a referral for 
     which a bonus may be paid under subsection (a) occurs--
       (1) when a member of the Army contacts an Army recruiter on 
     behalf of a person interested in enlisting in the Army; or
       (2) when a person interested in enlisting in the Army 
     contacts the Army recruiter and informs the recruiter of the 
     role of the member in initially recruiting the person.
       (c) Certain Referrals Ineligible.--
       (1) Referral of immediate family.--A member of the Army may 
     not be paid a bonus under subsection (a) for the referral of 
     an immediate family member.
       (2) Members in recruiting roles.--A member of the Army 
     serving in a recruiting or retention assignment, or assigned 
     to other duties regarding which eligibility for a bonus under 
     subsection (a) could (as determined by the Secretary) be 
     perceived as creating a conflict of interest, may not be paid 
     a bonus under subsection (a).
       (d) Amount of Bonus.--The amount of the bonus paid for a 
     referral under subsection (a) may not exceed $1,000. The 
     bonus shall be paid in a lump sum.
       (e) Time of Payment.--A bonus may not be paid under 
     subsection (a) with respect to a person who enlists in the 
     Army until the person completes basic training and individual 
     advanced training.
       (f) Relation To Prohibition on Bounties.--The referral 
     bonus authorized by this section is not a bounty for purposes 
     of section 514(a) of title 10, United States Code.
       (g) Limitation on Initial Use of Authority.--During the 
     first year in which bonuses are offered under this section, 
     the Secretary of the Army may not pay more than 1,000 
     referral bonuses per component of the Army.
       (h) Duration of Authority.--A bonus may not be paid under 
     subsection (a) with respect to any referral that occurs after 
     December 31, 2007.

     SEC. 1504. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.

       Section 505(a) of title 10, United States Code, is amended 
     by striking ``thirty-five years of age'' and inserting 
     ``forty-two years of age''.

     SEC. 1505. REPEAL OF PROHIBITION ON PRIOR SERVICE ENLISTMENT 
                   BONUS FOR RECEIPT OF OTHER ENLISTMENT OR 
                   REENLISTMENT BONUS FOR SERVICE IN THE SELECTED 
                   RESERVE.

       Section 308i(a)(2) of title 37, United States Code, is 
     amended by striking subparagraph (D).

     SEC. 1506. INCREASE AND ENHANCEMENT OF AFFILIATION BONUS FOR 
                   OFFICERS OF THE SELECTED RESERVE.

       (a) Repeal of Prohibition on Eligibility for Prior Reserve 
     Service.--Subsection (a)(2) of section 308j of title 37, 
     United States Code, is amended--
       (1) in subparagraph (A), by adding ``and'' at the end;

[[Page 25424]]

       (2) by striking subparagraph (B); and
       (3) by redesignating subparagraph (C) as subparagraph (B).
       (b) Increase in Maximum Amount.--Subsection (d) of such 
     section is amended by striking ``$6,000'' and inserting 
     ``$10,000''.

     SEC. 1507. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT 
                   AUTHORITIES.

       (a) Additional Loans Eligible for Repayment.--Paragraph (1) 
     of section 2171(a) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) any loan incurred for educational purposes made by a 
     lender that is--
       ``(i) an agency or instrumentality of a State;
       ``(ii) a financial or credit institution (including an 
     insurance company) that is subject to examination and 
     supervision by an agency of the United States or any State;
       ``(iii) a pension fund approved by the Secretary for 
     purposes of this section; or
       ``(iv) a non-profit private entity designated by a State, 
     regulated by such State, and approved by the Secretary for 
     purposes of this section.''.
       (b) Eligibility of Officers.--Paragraph (2) of such section 
     is amended by striking ``an enlisted member in a military 
     specialty'' and inserting ``a member in an officer program or 
     military specialty''.

     SEC. 1508. REPORT ON RESERVE DENTAL INSURANCE PROGRAM.

       (a) Study.--The Secretary of Defense shall conduct a study 
     of the Reserve Dental Insurance program.
       (b) Elements.--The study required by subsection (a) shall--
       (1) identify the most effective mechanism or mechanisms for 
     the payment of premiums under the Reserve Dental Insurance 
     program for members of the reserve components of the Armed 
     Forces and their dependents, including by deduction from 
     reserve pay, by direct collection, or by other means 
     (including appropriate mechanisms from other military 
     benefits programs), to ensure uninterrupted availability of 
     premium payments regardless of whether members are performing 
     active duty with pay or inactive-duty training with pay;
       (2) include such matters relating to the Reserve Dental 
     Insurance program as the Secretary considers appropriate; and
       (3) assess the effectiveness of mechanisms for informing 
     the members of the reserve components of the Armed Forces of 
     the availability of, and benefits under, the Reserve Dental 
     Insurance program.
       (c) Report.--Not later than February 1, 2007, the Secretary 
     shall submit to the congressional defense committees a report 
     on the study required by subsection (a). The report shall 
     include the findings of the study and such recommendations 
     for legislative or administrative action regarding the 
     Reserve Dental Insurance program as the Secretary considers 
     appropriate in light of the study.
       (d) Reserve Dental Insurance Program Defined.--In this 
     section, the term ``Reserve Dental Insurance program'' 
     includes--
       (1) the dental insurance plan required under paragraph (1) 
     of section 1076a(a) of title 10, United States Code; and
       (2) any dental insurance plan established under paragraph 
     (2) or (4) of section 1076a(a) of title 10, United States 
     Code.


                           AMENDMENT NO. 2459

 (Purpose: To require guidelines on the use of tiered evaluations for 
         offers for contracts and task orders under contracts)

       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.


                           AMENDMENT NO. 2460

  (Purpose: To provide for consumer education on insurance and other 
 financial services for members of the Armed Forces and their spouses)

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

     SEC. 596. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED FORCES 
                   AND THEIR SPOUSES ON INSURANCE AND OTHER 
                   FINANCIAL SERVICES.

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

     ``Sec. 992. Consumer education: financial services

       ``(a) Requirement for Consumer Education Program for 
     Members.--(1) The Secretary concerned shall carry out a 
     program to provide comprehensive education to members of the 
     armed forces under the jurisdiction of the Secretary on--
       ``(A) financial services that are available under law to 
     members;
       ``(B) financial services that are routinely offered by 
     private sector sources to members;
       ``(C) practices relating to the marketing of private sector 
     financial services to members;
       ``(D) such other matters relating to financial services 
     available to members, and the marketing of financial services 
     to members, as the Secretary considers appropriate; and
       ``(E) such other financial practices as the Secretary 
     considers appropriate.
       ``(2) Training under this subsection shall be provided to 
     members as--
       ``(A) a component of members initial entry orientation 
     training; and
       ``(B) a component of periodically recurring required 
     training that is provided for the members at military 
     installations.
       ``(3) The training provided at a military installation 
     under paragraph (2)(B) shall include information on any 
     financial services marketing practices that are particularly 
     prevalent at that military installation and in the vicinity.
       ``(b) Counseling for Members and Spouses.--(1) The 
     Secretary concerned shall, upon request, provide counseling 
     on financial services to each member of the armed forces, and 
     such member's spouse, under the jurisdiction of the 
     Secretary.
       ``(2)(A) In the case of a military installation at which at 
     least 2,000 members of the armed forces on active duty are 
     assigned, the Secretary concerned--
       ``(i) shall provide counseling on financial services under 
     this subsection through a full-time financial services 
     counselor at such installation; and
       ``(ii) may provide such counseling at such installation by 
     any means elected by the Secretary from among the following:
       ``(I) Through members of the armed forces in grade E-7 or 
     above, or civilians, who provide such counseling as part of 
     their other duties for the armed forces or the Department of 
     Defense.
       ``(II) By contract, including contract for services by 
     telephone and by the Internet.
       ``(III) Through qualified representatives of nonprofit 
     organizations and agencies under formal agreements with the 
     Department of Defense to provide such counseling.
       ``(B) In the case of any military installation not 
     described in subparagraph (A), the Secretary concerned shall 
     provide counseling on financial services under this 
     subsection at such installation by any of the means set forth 
     in subparagraph (A)(ii), as elected by the Secretary 
     concerned.
       ``(3) Each financial services counselor under paragraph 
     (2)(A)(i), and any other individual providing counseling on 
     financial services under paragraph (2), shall be an 
     individual who, by reason of education, training, or 
     experience, is qualified to provide helpful counseling to 
     members of the armed forces and their spouses on financial 
     services and marketing practices described in subsection 
     (a)(1). Such individual may be a member of the armed forces 
     or an employee of the Federal Government.
       ``(4) The Secretary concerned shall take such action as is 
     necessary to ensure that each financial services counselor 
     under paragraph (2)(A)(i), and any other individual providing 
     counseling on financial services under paragraphs (2), is 
     free from conflicts of interest relevant to the performance 
     of duty under this section. and, in the performance of that 
     duty, is dedicated to furnishing members of the armed forces 
     and their spouses with helpful information and counseling on 
     financial services and related marketing practices.
       ``(c) Life Insurance.--(1) In counseling a member of the 
     armed forces, or spouse of a member of the armed forces, 
     under this section regarding life insurance offered by a 
     private sector source, a financial services counselor under 
     subsection (b)(2)(A)(i), or another individual providing 
     counseling on financial services under subsection (b)(2), 
     shall furnish the member or spouse, as the case may be, with 
     information on the availability of Servicemembers' Group Life 
     Insurance under subchapter III of chapter 19 of title 38, 
     including information on the amounts of coverage available 
     and the procedures for electing coverage and the amount of 
     coverage.
       ``(2)(A) A covered member of the armed forces may not 
     authorize payment to be made for private sector life 
     insurance by means of an allotment of pay to which the member 
     is entitled under chapter 3 of title 37

[[Page 25425]]

     unless the authorization of allotment is accompanied by a 
     written certification by a commander of the member, a 
     financial services counselor referred to in subsection 
     (b)(2)(A)(i), or another individual providing counseling on 
     financial services under subsection (b)(2), as applicable, 
     that the member has received counseling under paragraph (1) 
     regarding the purchase of coverage under that private sector 
     life insurance.
       ``(B) Subject to subparagraph (C), a written certification 
     described in subparagraph (A) may not be made with respect to 
     a member`s authorization of allotment as described in 
     subparagraph (A) until seven days after the date of the 
     member's authorization of allotment in order to facilitate 
     the provision of counseling to the member under paragraph 
     (1).
       ``(C) The commander of a member may waive the applicability 
     of subparagraph (B) to a member for good cause, including the 
     member's imminent change of station.
       ``(D) In this paragraph, the term `covered member of the 
     armed forces' means an active duty member of the armed forces 
     in grades E-1 through E-4.
       ``(d) Financial Services Defined.--In this section, the 
     term `financial services' includes the following:
       ``(1) Life insurance, casualty insurance, and other 
     insurance.
       ``(2) Investments in securities or financial instruments.
       ``(3) Banking, credit, loans, deferred payment plans, and 
     mortgages.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

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

       (b) Continuing Effect of Existing Allotments for Life 
     Insurance.--Paragraph (c)(2) of section 992 of title 10, 
     United States Code (as added by subsection (a)), shall not 
     affect any allotment of pay authorized by a member of the 
     Armed Forces before the effective date of such section.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month that 
     begins more than 120 days after the date of the enactment of 
     this Act.


                           AMENDMENT NO. 2461

   (Purpose: To authorize funding for a human resources benefit call 
                          center for the Navy)

       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.


                           AMENDMENT NO. 2462

(Purpose: To require a report on any proposed change to the acquisition 
      strategy for a defense or joint business information system)

       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.
       (c) 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 Departments 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.
       (e) 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.


                           AMENDMENT NO. 2463

(Purpose: To provide that, of the amount authorized to be appropriated 
 to the Department of Army for military construction projects at Fort 
  Gillem, Georgia, $4,550,000 is available for the construction of a 
            military police complex at Fort Gordon, Georgia)

       On page 310, in the table following line 16, strike 
     ``$8,450,000'' in the amount column of the item relating to 
     Fort Gillem, Georgia, and insert ``$3,900,000''.
       On page 310, in the table following line 16, insert after 
     the item relating to Fort Gillem, Georgia, the following:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                     Fort Gordon...........   $4,550,000
------------------------------------------------------------------------

                           AMENDMENT NO. 2464

   (Purpose: To increase by $360,800,000 the amount of supplemental 
  appropriations for Other Procurement, Army, for the procurement of 
   armored Tactical Wheeled Vehicles for units deployed in Iraq and 
  Afghanistan or for other Army priorities, and to provide an offset)

       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), $360,800,000 may be 
     made available--
       (1) for the procurement of armored Tactical Wheeled 
     Vehicles for units deployed in Iraq and Afghanistan, 
     including the procurement of armored Light Tactical Vehicles 
     (LTVs), armored Medium Tactical Vehicles (MTVs), including 
     Low Signature Armored Cabs for the family of MTVs, and 
     armored Heavy Tactical Vehicles (HTVs); and
       (2) to the extent the Secretary of the Army determines that 
     such amount is not needed for the procurement of such armored 
     Tactical Wheeled Vehicles for units deployed in Iraq and 
     Afghanistan, for the procurement of such armored vehicles in 
     accordance with other priorities of the Army.
       (c) Offset.--The amount authorized to be appropriated by 
     section 1409(a) for the Iraq Freedom Fund is hereby reduced 
     by $360,800,000.


                           AMENDMENT NO. 2465

(Purpose: To make available, with an offset, $10,000,000 for the pilot 
  projects on early diagnosis and treatment of Post Traumatic Stress 
              Disorder and other mental health conditions)

       At the end of section 732, add the following:
       (d) Funding.--
       (1) In general.--(A) The amount authorized to be 
     appropriated by section 303(a) for the Defense Health Program 
     is hereby increased by $10,000,000.
       (B) Of the amount authorized to be appropriated by section 
     303(a) for the Defense Health Program, as increased by 
     subparagraph (A), $10,000,000 shall be available for pilot 
     projects under this section.
       (C) The amount available under subparagraph (B) shall 
     remain available until expended.
       (2) Offset.--The amount authorized to be appropriated by 
     section 301(2) for operation and maintenance for the Navy is 
     hereby decreased by $10,000,000.


                           AMENDMENT NO. 2466

  (Purpose: To improve recruitment and retention in the Armed Forces)

       On page 104, in the amendment made by section 571, strike 
     line 24 and all that follows through page 105, line 3, and 
     insert the following:
       310(a) of title 37;
       ``(ii) is assigned to a deployable ship or mobile unit or 
     to other duty designated for the purpose of this section; or
       ``(iii) on or after August 29, 2005, performs duty 
     designated by the Secretary of Defense as qualifying duty for 
     purposes of this subsection.''.

       At the end of title VI, add the following:

  Subtitle F--Enhancement of Authorities for Recruitment and Retention

     SEC. 671. INCREASE IN MAXIMUM RATE OF ASSIGNMENT INCENTIVE 
                   PAY.

       (a) Increase in Maximum Rate.--Section 307a(c) of title 37, 
     United States Code, is amended by striking ``$1,500'' and 
     inserting ``$3,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to months beginning on or after 
     that date.

     SEC. 672. TEMPORARY INCREASE IN BASIC ALLOWANCE FOR HOUSING 
                   IN AREAS SUBJECT TO DECLARATION OF A MAJOR 
                   DISASTER.

       (a) Temporary Increase Authorized.--Section 403(b) of title 
     37, United States Code, is amended--
       (1) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (2) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5)(A) The Secretary of Defense may prescribe a temporary 
     increase in rates of basic allowance for housing in a 
     military housing area located in an area for which a major 
     disaster has been declared in accordance with section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170).
       ``(B) The amount of the increase under this paragraph in 
     rates of basic allowance for housing in an area by reason of 
     a disaster shall be based on a determination by the Secretary 
     of the amount by which the costs of adequate housing for 
     civilians have increased in the area by reason of the 
     disaster.
       ``(C) The amount of any increase under this paragraph in a 
     rate of basic allowance for housing may not exceed the amount 
     equal to

[[Page 25426]]

     20 percent of such rate of basic allowance for housing.
       ``(D) A member may be paid a basic allowance for housing at 
     a rate increased under this paragraph by reason of a disaster 
     only if the member certifies to the Secretary concerned that 
     the member has incurred increased housing costs in the area 
     concerned by reason of the disaster.
       ``(E) An increase in rates of basic allowance for housing 
     in an area under this paragraph shall remain in effect until 
     the effective date of the first adjustment in rates of basic 
     allowance for housing made for the area pursuant to a 
     redetermination of housing costs in the area under paragraph 
     (4) that occurs after the date of the increase under this 
     paragraph.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on September 1, 2005, and shall apply with 
     respect to months beginning on or after that date.

     SEC. 673. TEMPORARY AUTHORITY FOR INCENTIVES FOR RECRUITMENT 
                   OF MILITARY PERSONNEL.

       (a) Authority To Provide Incentives.--The Secretary of 
     Defense may, in consultation with the Director of the Office 
     of Management and Budget, develop and provide incentives (in 
     addition to any other incentives authorized by law) for the 
     recruitment of individuals as officers and enlisted members 
     of the Armed Forces.
       (b) Construction With Other Personnel Authorities.--
       (1) In general.--Incentives may be provided under 
     subsection (a)--
       (A) without regard to the lack of specific authority for 
     such incentives under title 10, United States Code, or title 
     37, United States Code; and
       (B) notwithstanding any provision of title 10, United 
     States Code, or title 37, United States Code, or any rule or 
     regulation prescribed under such provision, relating to 
     methods of--
       (i) determining requirements for, and the compensation of, 
     members of the Armed Forces who are assigned duty as military 
     recruiters; or
       (ii) providing incentives to individuals to accept 
     commissions or enlist in the Armed Forces, including the 
     provision of group or individual bonuses, pay, or other 
     incentives.
       (2) Waiver of otherwise applicable laws.--No provision of 
     title 10, United States Code, or title 37, United States 
     Code, may be waived with respect to, or otherwise determined 
     to be inapplicable to, the provision of incentives under 
     subsection (a) except with the approval of the Secretary.
       (c) Plans.--
       (1) Development of plans.--Before providing an incentive 
     under subsection (a), or entering into any agreement or 
     contract with respect to the provision of such incentive, the 
     Secretary shall develop a plan that includes--
       (A) a description of such incentive, including the purpose 
     of such project and the members (or potential recruits) of 
     the Armed Forces to be addressed by such incentive;
       (B) a statement of the anticipated outcomes of such 
     incentive; and
       (C) the method of evaluating the effectiveness of such 
     incentive.
       (2) Submittal of plans.--Not later than 30 days before the 
     provision of an incentive under subsection (a), the Secretary 
     shall submit a copy of the plan developed under paragraph (1) 
     on such incentive--
       (A) to the elements of the Department of Defense to be 
     affected by the provision of such incentive; and
       (B) to Congress.
       (d) Limitations.--
       (1) Number of individuals.--The number of individuals 
     provided incentives under subsection (a) may not exceed the 
     number of individuals equal to 20 percent of the accession 
     mission of the Armed Force concerned for the fiscal year in 
     which such incentives are first provided.
       (2) Duration of provision.--The provision of incentives 
     under subsection (a) shall terminate not later than the end 
     of the three-year period beginning on the date on which the 
     provision of such incentives commences (except that such 
     incentives may continue to be provided beyond the date 
     otherwise provided in this paragraph to the extent necessary 
     to evaluate the effectiveness of such incentives).
       (e) Reports.--
       (1) In general.--The Secretary shall submit to Congress on 
     an annual basis a report on the incentives provided under 
     subsection (a) during the preceding year.
       (2) Elements.--Each report under this subsection shall 
     include--
       (A) a description of the incentives provided under 
     subsection (a) during the fiscal year covered by such report; 
     and
       (B) an assessment of the impact of such incentives on the 
     recruitment of individuals as officers or enlisted members of 
     the Armed Forces.

     SEC. 674. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION 
                   OF TARGETED MEMBERS OF THE ARMED FORCES.

       (a) Pay and Benefits Authorized.--
       (1) In general.--Chapter 59 of title 10, United States 
     Code, is amended by inserting after section 1175 the 
     following new section:

     ``Sec. 1175a. Voluntary separation pay and benefits

       ``(a) In General.--Under regulations approved by the 
     Secretary of Defense, the Secretary concerned may provide 
     voluntary separation pay and benefits in accordance with this 
     section to eligible members of the armed forces who are 
     voluntarily separated from active duty in the armed forces.
       ``(b) Eligible Members.--(1) Except as provided in 
     paragraph (2), a member of the armed forces is eligible for 
     voluntary separation pay and benefits under this section if 
     the member--
       ``(A) has served on active duty for more than 6 years but 
     not more than 20 years;
       ``(B) has served at least 5 years of continuous active duty 
     immediately preceding the date of the member's separation 
     from active duty;
       ``(C) has not been approved for payment of a voluntary 
     separation incentive under section 1175 of this title;
       ``(D) meets such other requirements as the Secretary 
     concerned may prescribe, which may include requirements 
     relating to--
       ``(i) years of service, skill, rating, military specialty, 
     or competitive category;
       ``(ii) grade or rank;
       ``(iii) remaining period of obligated service; or
       ``(iv) any combination of these factors; and
       ``(E) requests separation from active duty.
       ``(2) The following members are not eligible for voluntary 
     separation pay and benefits under this section:
       ``(A) Members discharged with disability severance pay 
     under section 1212 of this title.
       ``(B) Members transferred to the temporary disability 
     retired list under section 1202 or 1205 of this title.
       ``(C) Members being evaluated for disability retirement 
     under chapter 61 of this title.
       ``(D) Members who have been previously discharged with 
     voluntary separation pay.
       ``(E) Members who are subject to pending disciplinary 
     action or who are subject to administrative separation or 
     mandatory discharge under any other provision of law or 
     regulations.
       ``(3) The Secretary concerned shall determine each year the 
     number of members to be separated, and provided separation 
     pay and benefits, under this section during the fiscal year 
     beginning in such year.
       ``(c) Separation.--Each eligible member of the armed forces 
     whose request for separation from active duty under 
     subsection (b)(1)(E) is approved shall be separated from 
     active duty.
       ``(d) Additional Service in Ready Reserve.--Of the number 
     of members of the armed forces to be separated from active 
     duty in a fiscal year, as determined under subsection (b)(3), 
     the Secretary concerned shall determine a number of such 
     members, in such skill and grade combinations as the 
     Secretary concerned shall designate, who shall serve in the 
     Ready Reserve, after separation from active duty, for a 
     period of not less than three years, as a condition of the 
     receipt of voluntary separation pay and benefits under this 
     section.
       ``(e) Separation Pay and Benefits.--(1) A member of the 
     armed forces who is separated from active duty under 
     subsection (c) shall be paid voluntary separation pay in 
     accordance with subsection (g) in an amount determined by the 
     Secretary concerned pursuant to subsection (f).
       ``(2) A member who is not entitled to retired or retainer 
     pay upon separation shall be entitled to the benefits and 
     services provided under--
       ``(A) chapter 58 of this title during the 180-day period 
     beginning on the date the member is separated 
     (notwithstanding any termination date for such benefits and 
     services otherwise applicable under the provisions of such 
     chapter); and
       ``(B) sections 404 and 406 of title 37.
       ``(f) Computation of Voluntary Separation Pay.--The 
     Secretary concerned shall specify the amount of voluntary 
     separation pay that an individual or defined group of members 
     of the armed forces may be paid under subsection (e)(1). No 
     member may receive as voluntary separation pay an amount 
     greater than three times the full amount of separation pay 
     for a member of the same pay grade and years of service who 
     is involuntarily separated under section 1174 of this title.
       ``(g) Payment of Voluntary Separation Pay.--(1) Voluntary 
     separation pay under this section may be paid in a single 
     lump sum.
       ``(2) In the case of a member of the armed forces who, at 
     the time of separation under subsection (c), has completed at 
     least 15 years, but less than 20 years, of active service, 
     voluntary separation pay may be paid, at the election of the 
     Secretary concerned, in--
       ``(A) a single lump sum;
       ``(B) installments over a period not to exceed 10 years; or
       ``(C) a combination of lump sum and such installments.
       ``(h) Coordination With Retired or Retainer Pay and 
     Disability Compensation.--(1) A member who is paid voluntary 
     separation pay under this section and who later qualities for 
     retired or retainer pay under this title or title 14 shall 
     have deducted from each payment of such retired or retainer 
     pay an amount, in such schedule of monthly installments as 
     the Secretary concerned shall

[[Page 25427]]

     specify, until the total amount deducted from such retired or 
     retainer pay is equal to the total amount of voluntary 
     separation pay so paid.
       ``(2)(A) Except as provided in subparagraphs (B) and (C), a 
     member who is paid voluntary separation pay under this 
     section shall not be deprived, by reason of the member's 
     receipt of such pay, of any disability compensation to which 
     the member is entitled under the laws administered by the 
     Secretary of Veterans Affairs, but there shall be deducted 
     from such disability compensation an amount, in such schedule 
     of monthly installments as the Secretary concerned shall 
     specify, until the total amount deducted from such disability 
     compensation is equal to the total amount of voluntary 
     separation pay so paid.
       ``(B) No deduction shall be made from the disability 
     compensation paid to an eligible disabled uniformed services 
     retiree under section 1413, or to an eligible combat-related 
     disabled uniformed services retiree under section 1413a of 
     this title, who is paid voluntary separation pay under this 
     section.
       ``(C) No deduction may be made from the disability 
     compensation paid to a member for the amount of voluntary 
     separation pay received by the member because of an earlier 
     discharge or release from a period of active duty if the 
     disability which is the basis for that disability 
     compensation was incurred or aggravated during a later period 
     of active duty.
       ``(3) The requirement under this subsection to repay 
     voluntary separation pay following retirement from the armed 
     forces does not apply to a member who was eligible to retire 
     at the time the member applied and was accepted for voluntary 
     separation pay and benefits under this section.
       ``(4) The Secretary concerned may waive the requirement to 
     repay voluntary separation pay under paragraphs (1) and (2) 
     if the Secretary determines that recovery would be against 
     equity and good conscience or would be contrary to the best 
     interests of the United States.
       ``(i) Retirement Defined.--In this section, the term 
     `retirement' includes a transfer to the Fleet Reserve or 
     Fleet Marine Corps Reserve.
       ``(j) Repayment for Members who Return to Active Duty.--(1) 
     Except as provided in paragraphs (2) and (3), a member of the 
     armed forces who, after having received all or part of 
     voluntary separation pay under this section, returns to 
     active duty shall have deducted from each payment of basic 
     pay, in such schedule of monthly installments as the 
     Secretary concerned shall specify, until the total amount 
     deducted from such basic pay equals the total amount of 
     voluntary separation pay received.
       ``(2) Members who are involuntarily recalled to active duty 
     or full-time National Guard duty in accordance with section 
     12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this 
     title or section 502(f)(1) of title 32 shall not be subject 
     to this subsection.
       ``(3) Members who are recalled or perform active duty or 
     full-time National Guard duty in accordance with section 
     101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the 
     period served is less than 180 consecutive days with the 
     consent of the member), 12319, or 12503 of title 10, or 
     section 114, 115, or 502(f)(2) of title 32 (insofar as the 
     period served is less than 180 consecutive days with consent 
     of the member), shall not be subject to this subsection.
       ``(4) The Secretary of Defense may waive, in whole or in 
     part, repayment required under paragraph (1) if the Secretary 
     determines that recovery would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States. The authority in this paragraph may be 
     delegated only to the Undersecretary of Defense for Personnel 
     and Readiness and the Principal Deputy Undersecretary of 
     Defense for Personnel and Readiness.
       ``(k) Termination of Authority.--(1) The authority to 
     separate a member of the armed forces from active duty under 
     subsection (c) shall terminate on December 31, 2008.
       ``(2) A member who separates by the date specified in 
     paragraph (1) may continue to be provided voluntary 
     separation pay and benefits under this section until the 
     member has received the entire amount of pay and benefits to 
     which the member is entitled under this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 59 of such title is amended by inserting 
     after the item relating to section 1175 the following new 
     item:

``1175a. Voluntary separation pay and benefits.''.

       (b) Limitation on Applicability.--During the period 
     beginning on the date of the enactment of this Act and ending 
     on December 31, 2008, the members of the Armed Forces who are 
     eligible for separation, and for the provision of voluntary 
     separation pay and benefits, under section 1175a of title 10, 
     United States Code (as added by subsection (a)), shall be 
     limited to officers of the Armed Forces who meet the 
     eligibility requirements of section 1175a(b) of title 10, 
     United States Code (as so added), but have not completed more 
     than 12 years of active service as of the date of separation 
     from active duty.
       (c) Officer Selective Early Retirement.--Section 638a(a) of 
     title 10, United States Code, is amended by adding at the end 
     the following new sentence: ``During the period beginning on 
     October 1, 2005, and ending on December 31, 2011, the 
     Secretary of Defense may also authorize the Secretary of the 
     Navy and the Secretary of the Air Force to take any of the 
     actions set forth in such subsection with respect to officers 
     of the armed forces under the jurisdiction of such 
     Secretary.''.


                           AMENDMENT NO. 2467

 (Purpose: To improve the authority for reimbursement for protective, 
safety, and health equipment purchased for members of the Armed Forces 
                   deployed in Iraq and Central Asia)

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

     SEC. __. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR 
                   HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS OF 
                   THE ARMED FORCES FOR DEPLOYMENT IN OPERATIONS 
                   IN IRAQ AND CENTRAL ASIA.

       (a) Reimbursement Required.--
       (1) In general.--Subject to subsections (d) and (e), the 
     Secretary of Defense shall reimburse a member of the Armed 
     Forces, or a person or entity referred to in paragraph (2), 
     for the cost (including shipping cost) of any protective, 
     safety, or health equipment that was purchased by such 
     member, or such person or entity on behalf of such member, 
     before or during the deployment of such member in Operation 
     Noble Eagle, Operation Enduring Freedom, or Operation Iraqi 
     Freedom for the use of such member in connection with such 
     operation if the unit commander of such member certifies that 
     such equipment was critical to the protection, safety, or 
     health of such member.
       (2) Covered persons and entities.--A person or entity 
     referred to in this paragraph is a family member or relative 
     of a member of the Armed Forces, a non-profit organization, 
     or a community group.
       (3) Regulations not required for reimbursement.--
     Reimbursements may be made under this subsection in advance 
     of the promulgation by the Secretary of Defense of 
     regulations, if any, relating to the administration of this 
     section.
       (b) Protective Equipment Reimbursement Fund.--
       (1) Establishment.--There is hereby established an account 
     to be known as the ``Protective Equipment Reimbursement 
     Fund'' (in this subsection referred to as the ``Fund'').
       (2) Elements.--The Fund shall consist of amounts deposited 
     in the Fund from amounts available for the Fund under 
     subsection (g).
       (3) Availability.--Amounts in the Fund shall be available 
     directly to the unit commanders of members of the Armed 
     Forces for the making of reimbursements for protective, 
     safety, and health equipment under subsection (a).
       (4) Documentation.--Each person seeking reimbursement under 
     subsection (a) for protective, safety, or health equipment 
     purchased by or on behalf of a member of the Armed Forces 
     shall submit to the unit commander of such member such 
     documentation as is necessary to establish each of the 
     following:
       (A) The nature of such equipment, including whether or not 
     such equipment qualifies as protective, safety, or health 
     equipment under subsection (c).
       (B) The cost of such equipment.
       (c) Covered Protective, Safety, and Health Equipment.--
     Protective, safety, and health equipment for which 
     reimbursement shall be made under subsection (a) shall 
     include personal body armor, collective armor or protective 
     equipment (including armor or protective equipment for high 
     mobility multi-purpose wheeled vehicles), and items provided 
     through the Rapid Fielding Initiative of the Army, or 
     equivalent programs of the other Armed Forces, such as the 
     advanced (on-the-move) hydration system, the advanced combat 
     helmet, the close combat optics system, a Global Positioning 
     System (GPS) receiver, a gun scope, and a soldier 
     intercommunication device.
       (d) Limitation Regarding Amount of Reimbursement.--The 
     amount of reimbursement provided under subsection (a) per 
     item of protective, safety, and health equipment purchased by 
     or on behalf of any given member of the Armed Forces may not 
     exceed the lesser of--
       (1) the cost of such equipment (including shipping cost); 
     or
       (2) $1,100.
       (e) Limitation on Date of Purchase.--Reimbursement may be 
     made under subsection (a) only for protective, safety, and 
     health equipment purchased before October 1, 2006.
       (f) Ownership of Equipment.--The Secretary shall identify 
     the circumstances, if any, under which the United States 
     shall assume title or ownership of protective, safety, or 
     health equipment for which reimbursement is provided under 
     subsection (a).
       (g) Funding.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts for reimbursements under subsection (a) shall be 
     derived from any amounts authorized to be appropriated by 
     this Act.
       (2) Exception.--Amounts authorized to be appropriated by 
     this Act and available for

[[Page 25428]]

     the procurement of equipment for members of the Armed Forces 
     deployed, or to be deployed, to Iraq or Afghanistan may not 
     be utilized for reimbursements under subsection (a).
       (h) Repeal of Superseded Authority.--Section 351 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118. Stat. 1857) is 
     repealed.


                           AMENDMENT NO. 2468

(Purpose: To require a report on predatory lending directed at members 
               of the Armed Forces and their dependents)

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

     SEC. 596. REPORT ON PREDATORY LENDING PRACTICES DIRECTED AT 
                   MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS.

       (a) Findings.--The Senate makes the following findings:
       (1) Predatory lending practices harm members of the Armed 
     Forces and are an increasing problem for the Armed Forces.
       (2) Predatory lending practices not only hurt the financial 
     security of the members of the Armed Forces but, according to 
     the Under Secretary of Defense for Personnel and Readiness, 
     also threaten the operational readiness of the Armed Forces.
       (3) The General Accountability Office found in an April 
     2005 report that the Department of Defense was not fully 
     utilizing tools available to the Department to curb the 
     predatory lending practices directed at members of the Armed 
     Forces.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Department of Defense should work with financial 
     service regulators to protect the members of the Armed Forces 
     from predatory lending practices; and
       (2) the Senate should consider and adopt legislation--
       (A) to strengthen disclosure, education, and other 
     protections for members of the Armed Forces regarding 
     predatory lending practices; and
       (B) to ensure greater cooperation between financial 
     services regulators and the Department of Defense on the 
     protection of members of the Armed Forces from predatory 
     lending practices.
       (c) Report.--
       (1) Report required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     in consultation with the Secretary of the Treasury, the 
     Chairman of the Federal Reserve, the Chairman of the Federal 
     Deposit Insurance Corporation, and representatives of 
     military charity organizations and consumer organizations, 
     submit to the appropriate committees of Congress a report on 
     predatory lending practices directed at members of the Armed 
     Forces and their families.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) a description of the prevalence of predatory lending 
     practices directed at members of the Armed Forces and their 
     families;
       (B) an assessment of the effects of predatory lending 
     practices on members of the Armed Forces and their families;
       (C) a description of the strategy of the Department of 
     Defense, and of any current or planned programs of the 
     Department, to educate members of the Armed Forces and their 
     families regarding predatory lending practices;
       (D) a description of the strategy of the Department of 
     Defense, and of any current or planned programs of the 
     Department, to reduce or eliminate--
       (i) the prevalence of predatory lending practices directed 
     at members of the Armed Forces and their families; and
       (ii) the negative effect of such practices on members of 
     the Armed Forces and their families; and
       (E) recommendations for additional legislative and 
     administrative action to reduce or eliminate predatory 
     lending practices directed at members of the Armed Forces and 
     their families.
       (3) Definitions.--In this subsection:
       (A) The term ``appropriate committees of Congress'' means--
       (i) the Committees on Armed Services and Banking, Housing, 
     and Urban Affairs of the Senate; and
       (ii) the Committees on Armed Services and Financial 
     Services of the House of Representatives.
       (B) The term ``predatory lending practice'' means an unfair 
     or abusive loan or credit sale transition or collection 
     practice.


                           AMENDMENT NO. 2469

 (Purpose: To authorize $1,440,000 in planning and design funds for a 
replacement C-130 aircraft maintenance hangar at Air National Guard New 
            Castle County Airport, and to provide an offset)

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

     SEC. 2602. CONSTRUCTION OF MAINTENANCE HANGAR, NEW CASTLE 
                   COUNTY AIRPORT AIR GUARD BASE, DELAWARE.

       (a) Authorization of Appropriations.--The amount authorized 
     to be appropriated by section 2601(3)(A) for the Department 
     of the Air Force for the Air National Guard of the United 
     States is hereby increased by $1,440,000.
       (b) Use of Funds.--Of the amount authorized to be 
     appropriated by section 2601(3)(A) for the Department of the 
     Air Force for the Air National Guard of the United States, as 
     increased by subsection (a), $1,440,000 is available for 
     planning and design for a replacement C-130 aircraft 
     maintenance hangar at Air National Guard New Castle County 
     Airport, Delaware.
       (c) Offset.--The amount authorized to be appropriated by 
     section 2204(a) for military construction, land acquisition, 
     and military family housing functions of the Department of 
     the Navy and the amount of such funds authorized by paragraph 
     (11) of such subsection for the construction of increment 3 
     of the general purpose berthing pier at Naval Weapons 
     Station, Earle, New Jersey, are each hereby decreased by 
     $1,440,000.


                           AMENDMENT NO. 2470

 (Purpose: Expressing the sense of the Senate on notice to Congress of 
 the recognition of members of the Armed Forces for extraordinary acts 
                 of heroism, bravery, and achievement)

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

     SEC. __. SENSE OF SENATE ON NOTICE TO CONGRESS OF RECOGNITION 
                   OF MEMBERS OF THE ARMED FORCES FOR 
                   EXTRAORDINARY ACTS OF BRAVERY, HEROISM, AND 
                   ACHIEVEMENT.

       It is the sense of the Senate that the Secretary of Defense 
     or the Secretary of the military department concerned should, 
     upon awarding a medal to a member of the Armed Forces or 
     otherwise commending or recognizing a member of the Armed 
     Forces for an act of extraordinary heroism, bravery, 
     achievement, or other distinction, notify the Committees on 
     Armed Services of the Senate and the House of 
     Representatives, the Senators from the State in which such 
     member resides, and the Member of the House of 
     Representatives from the district in which such member 
     resides of such extraordinary award, commendation, or 
     recognition.


                           AMENDMENT NO. 2471

 (Purpose: To improve transitional assistance provided for members of 
   the Armed Forces being discharged, released from active duty, or 
                                retired)

       At the end of division A, add the following:

                     TITLE XV--TRANSITION SERVICES

     SEC. 1501. SHORT TITLE.

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

     SEC. 1502. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE 
                   PROGRAMS.

       (a) Preseparation Counseling.--Section 1142 of title 10, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) For members of the reserve components of the armed 
     forces (including members of the National Guard on active 
     duty under title 32) who have been serving on active duty 
     continuously for at least 180 days, the Secretary concerned 
     shall provide preseparation counseling under this section on 
     an individual basis to all such members before such members 
     are separated.''; and
       (2) in subsection (b)--
       (A) in paragraph (4), by striking ``(4) Information 
     concerning'' and inserting the following:
       ``(4) Provision of information on civilian occupations and 
     related assistance programs, including information 
     concerning--
       ``(A) certification and licensure requirements that are 
     applicable to civilian occupations;
       ``(B) civilian occupations that correspond to military 
     occupational specialties; and
       ``(C)''; and
       (B) by adding at the end the following:
       ``(11) Information concerning the priority of service for 
     veterans in the receipt of employment, training, and 
     placement services provided under qualified job training 
     programs of the Department of Labor.
       ``(12) Information concerning veterans small business 
     ownership and entrepreneurship programs of the Small Business 
     Administration and the National Veterans Business Development 
     Corporation.
       ``(13) Information concerning employment and reemployment 
     rights and obligations under chapter 43 of title 38.
       ``(14) Information concerning veterans preference in 
     federal employment and federal procurement opportunities.
       ``(15) Contact information for housing counseling 
     assistance.
       ``(16) A description, developed in consultation with the 
     Secretary of Veterans Affairs, of health care and other 
     benefits to which the member may be entitled under the laws 
     administered by the Secretary of Veterans Affairs.''.
       (b) Conforming and Clerical Amendments.--
       (1) Conforming amendment.--The heading of such section is 
     amended to read as follows:

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

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


[[Page 25429]]


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

       (c) Department of Labor Transitional Services Program.--
     Section 1144 of title 10, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``paragraph (4)(A)'' 
     in the second sentence and inserting ``paragraph (5)(A)''; 
     and
       (2) by adding at the end the following new subsection:
       ``(e) Training Support Materials.--The Secretary concerned 
     shall, on a continuing basis and in cooperation with the 
     Secretary of Labor, update the content of all materials used 
     by the Department of Labor that provide direct training 
     support to personnel who provide transitional services 
     counseling under this section.''.

     SEC. 1503. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE ARMED 
                   FORCES AFTER PRESEPARATION PHYSICAL 
                   EXAMINATIONS.

       Section 1145(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5)(A) The Secretary of Defense shall, in consultation 
     with the Secretary of Veterans Affairs, ensure that 
     appropriate actions are taken to assist a member of the armed 
     forces who, as a result of a medical examination under 
     paragraph (4), receives an indication for a referral for 
     follow up treatment from the health care provider who 
     performs the examination.
       ``(B) Assistance provided to a member under paragraph (1) 
     shall include the following:
       ``(i) Information regarding, and any appropriate referral 
     for, the care, treatment, and other services that the 
     Secretary of Defense or the Secretary of Veterans Affairs may 
     provide to such member under any other provision of law, 
     including--
       ``(I) clinical services, including counseling and treatment 
     for post-traumatic stress disorder and other mental health 
     conditions; and
       ``(II) any other care, treatment, and services.
       ``(ii) Information on the private sector sources of 
     treatment that are available to the member in the member's 
     community.
       ``(iii) Assistance to enroll in the health care system of 
     the Department of Veterans Affairs for health care benefits 
     for which the member is eligible under laws administered by 
     the Secretary of Veterans Affairs.''.

     SEC. 1504. REPORT ON TRANSITION ASSISTANCE PROGRAMS.

       (a) Report Required.--Not later than May 1, 2006, the 
     Secretary of Defense shall, in consultation with the 
     Secretary of Labor and the Secretary of Veterans Affairs, 
     submit to Congress a report on the actions taken to ensure 
     that the Transition Assistance Programs for members of the 
     Armed Forces separating from the Armed Forces (including 
     members of the regular components of the Armed Forces and 
     members of the reserve components of the Armed Forces) 
     function effectively to provide such members with timely and 
     comprehensive transition assistance when separating from the 
     Armed Forces.
       (b) Focus on Particular Members.--The report required by 
     subsection (a) shall include particular attention to the 
     actions taken with respect to the Transition Assistance 
     Programs to assist the following members of the Armed Forces:
       (1) Members deployed to Operation Iraqi Freedom.
       (2) Members deployed to Operation Enduring Freedom.
       (3) Members deployed to or in support of other contingency 
     operations.
       (4) Members of the National Guard activated under the 
     provisions of title 32, United States Code, in support of 
     relief efforts for Hurricane Katrina and Hurricane Rita.

  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. I thank my colleague from Michigan for working together 
with colleagues on both sides of the aisle. We achieved a substantial 
amount of work. Tomorrow we will return, and my rough calculation with 
regard to the amendments is of the 12 on the majority side, we have the 
Chambliss amendment, which might be subject to a second degree; we have 
the Ensign amendment, which is now the pending amendment; there is an 
amendment by Senator Talent, Senator Graham, Senator Inhofe that 
involves prayer at the service academies; Senator Frist in recognition 
of our troops and others participating in the war against terrorism; 
and consent to Brownback which is an amendment regarding personal 
notification relating to the men and women of the Armed Forces in cases 
where he deems parental consent is appropriate. And the Senator from 
Virginia, Senator Warner, has an amendment.
  I have the list of the Senator from Michigan. Six of the 12 
amendments have been acted upon by the Senate. To the extent the 
Senator can advise the Senate of the remaining amendments, it would be 
helpful.
  Mr. LEVIN. Mr. President, I thank my good friend from Virginia. We 
have on our side disposed of six amendments. We are trying to boil down 
the balance of the amendments. We have to boil down to six. We have not 
yet done that. I don't want to identify which ones other than to say we 
know there will be a Dorgan amendment on the Truman Commission which we 
hope will come immediately after lunch tomorrow. There is still a 
surplus of amendments we have to work out.
  Mr. WARNER. I bring to the attention of my good friend and colleague, 
we have provided the Senator with copies of the amendments by Senator 
Chambliss, Senator Ensign, Senator Talent. The amendment by Senator 
Graham is still under work. Senator Inhofe, you have that amendment. 
Senator Frist's amendment we have not as yet distributed. The Brownback 
amendment will be provided to you tonight. And we have not as yet 
provided you with the one of the Senator from Virginia.
  Mr. LEVIN. To be more helpful, the Dorgan amendment has been filed. 
There is a likelihood there will be a Durbin amendment on Guard and 
Reserve which also has been filed. I don't want to lock that in as one 
because we are still juggling. That has been filed. It is likely that 
will be one of the six.
  Mr. WARNER. That would not be the proposed second degree to the 
Chambliss amendment? The Chambliss amendment is Guard and Reserve, too.
  Mr. LEVIN. I don't think it is, but I am not certain.
  Mr. WARNER. This is helpful to colleagues as they are doing their 
work tonight in support of what we are trying to achieve with final 
passage tomorrow.


                           amendment no. 2423

  Mr. DODD. Mr. President, I would like to briefly discuss an amendment 
that was offered to the Defense Authorization bill yesterday by the 
Senators from Colorado. I voted against this measure, and I did so with 
some reservation.
  If approved by this body, this amendment would have provided 
retirement benefits to government contract workers, who, by no fault of 
their own, now find themselves denied of pension and lifetime medical 
benefits that they were expecting to receive. In fact, the tragedy of 
their situation is that because of these workers' efficiency, they are 
actually being denied pensions and health insurance--in this case, they 
are clearly victims of their own success.
  As the Senators from Colorado explained, the Federal Government had 
given employees of Kaiser Hill Company until December 15, 2006 to 
complete their work decontaminating and demolishing the former nuclear 
weapons facility at Rocky Flats. However, because Kaiser Hill's workers 
finished their work a year ahead of schedule, they are being penalized 
under the terms of their contract.
  Like countless other Federal contracts, the arrangement for Rocky 
Flats workers used a numerical formula for determining who would 
receive lifetime benefits after the work's completion--if the sum of an 
employee's age and years of employment at the nuclear weapons plant 
added up to 70, the worker would be fully eligible for these benefits. 
But with Kaiser Hill declaring the job complete 14 months before their 
deadline, over 70 workers who would have qualified for these benefits 
could not.
  I commend the Senators from Colorado for offering their amendment. 
They have every right to be troubled by the way workers in their State 
have been affected by this contract. And I share their deep concern 
that rather than be rewarded for their good work, the workers of Rocky 
Flats are actually unable to obtain the benefits that they had 
expected. Under terms of such a contract there is absolutely no 
incentive for workers to perform as effectively as these fine Kaiser-
Hill employees did. I cannot disagree with that notion at all.

[[Page 25430]]

  Nonetheless, yesterday, I felt compelled to vote against the 
amendment--not because it was offered without the best of intentions. I 
believe that the workers of Kaiser-Hill deserve to be commended for 
their quick and thorough work. However, I am afraid that if we are to 
single out these workers' contract, Congress would be creating an 
unfair standard that would help one segment of the Nation's Federal 
contracting workforce while leaving the rest without any similar 
support.
  If this amendment had been approved, I would be concerned about 
benefiting some to the exclusion of others who might be deserving of 
similar consideration. I believe that we ought to revisit the issues 
facing these workers in the context of other Federal contract employees 
who might be in a similar situation. I stand ready to work with my 
colleagues from Colorado as well as others from other States who share 
my concern about these workers, who have been penalized due to no fault 
of their own. I believe that the Senators from Colorado have identified 
a critically important problem with formulas being used to regulate 
benefit disbursements in Federal contracts. And I hope these issues 
will be revisited to ensure that we are rewarding good and efficient 
performance and providing American workers the benefits that they 
deserve.


                            vote explanation

  Mr. HATCH. Mr. President, I was necessarily absent from the vote on 
amendment No. 2423, Senator Allard's amendment, during consideration of 
the Fiscal Year 2006 Defense Authorization bill. As my constituents 
know, with my wife Elaine, I was hosting the 21st Annual Utah Women's 
Conference. Mr. President, this is an important event, in which the 
women of the State of Utah can directly inform our State's leaders 
about the issues that affect them and their families.
  Had I been present to vote on Senator Allard's amendment, I would 
have voted against the proposal.


                           amendment no. 1514

  Mrs. FEINSTEIN. Mr. President, I rise today in support of the 
amendment to the FY06 National Defense Authorization Act that 
authorizes the Navy to convey approximately 230 acres of open space 
land along the eastern boundary of Marine Corps Air Station Miramar to 
the County of San Diego in order to provide access to the historic 
Stowe Trail.
  The Stowe Trail at one time functioned as the primary road leading to 
the historic town of Stowe, and now links the Goodan Ranch and Sycamore 
Canyon Preserves in the north with the Mission Trails Regional Park and 
Santee Lakes Regional Recreation Area further south.
  According to county records, up until the 1930s when access to this 
portion became restricted for military use, the Stowe Trail had served 
for some 80 years as the principle thoroughfare between the towns of 
Santee and Poway.
  The 230 acres of land that would be conveyed by the Navy under this 
provision include diverse plant and animal life and environmentally-
sensitive habitats and would provide a natural wildlife corridor 
between the two preserves, as well as with the Santee Lakes Recreation 
Area.
  Under the control of the County of San Diego, this land will become 
part of an extensive open space trail system that will not only 
increase recreational opportunities in the region, but will also 
provide buffer zone that will mitigate against potential encroachment 
that could impact the essential military missions at Marine Corps Air 
Station Miramar.
  It is important to point out that this proposed land conveyance is 
the fruition of a process set in motion jointly by the San Diego County 
Board of Supervisors and Marine Corps Air Station Miramar in 2002.
  Both sides have worked together closely since that time to ensure 
that the result will be a win-win situation for both the County and the 
Marines.
  For example, as part of the land conveyance process, the County of 
San Diego has fully committed to compensate the Navy by paying the full 
fair market value for this property.


                           Amendment No. 2424

  Mr. NELSON of Florida. Mr. President, for the last 4 years I have 
been talking about the unfair and painful offset of the Defense 
Department's Survivors Benefits Plan against Veteran's Affairs 
Dependency and Indemnity Compensation, or DIC.
  This offset mistreats the survivors of our service members who die on 
active duty now and our 100 percent disabled military retirees who 
purchased this benefit at the end of their careers. It is wrong, we 
know it, and we have got to fix it.
  Taking care of widows and orphans is a cost of war.
  I have reminded the Senate of the Good Book's words, that in God's 
eyes the true measure of our faith is how we look after orphans and 
widows in their distress. And they are in distress. We are in a violent 
struggle around the world with brutal and vicious enemies. Sadly, 
American troops are lost every day.
  We must never forget that the loved ones left behind by our 
courageous men and women in uniform bear the greatest pain. Their lives 
are forever altered; their futures left unclear. They suffer the 
enduring cost of the ultimate sacrifice, and the Nation that asked for 
that sacrifice must honor it.
  The Department of Defense has provided the Senate several objections 
to our amendment. For the benefit of my colleagues, I would like to 
answer each objection.
  First, just because the Pentagon objects to the amendment does not 
mean we should not act. The Pentagon's objections have not stopped 
Congress from correcting military benefit inequities before. They 
should not stop us now.
  The Pentagon objected to TRICARE For Life. And the Congress supported 
it anyway.
  The Pentagon objected to concurrent receipt for disabled military 
retirees. And the Congress supported it anyway.
  Last year, the Pentagon objected to eliminating the age-62 SBP 
benefit reduction. And Congress fixed that inequity anyway.
  I remind my colleagues that it is Congress' responsibility to ensure 
our widows and retirees are treated fairly. We are the ones who must 
recognize that the Nation has an obligation to those who give their 
lives for our country.
  The Defense Department argues that a VA Disability Benefits 
Commission is studying this, so we should not take any action. There is 
no indication whatsoever that the commission is actively looking at 
either of the issues addressed in my amendment. We understand that they 
are about to ask for a 1 year extension. The fact is that nothing will 
come out of that commission until at least fiscal year 2009. That is 
too late to help the World War II and Korean era retirees who should 
already be ``paid up'' in their SBP. We don't need to study these 
issues for several more years. The inequities are clear.
  The Defense Department argues that SBP and DIC are fully funded and 
that the offset is consistent with other Government programs. They are 
not fully funded from the beneficiaries' perspective, because one 
offsets the other. The fact that other Government programs have offsets 
is irrelevant when you consider the sacrifices of military members and 
widows for the rest of the country.
  This same argument was used to argue against concurrent receipt of 
retired pay and disability compensation, but the Congress rejected it 2 
years ago. When military duty causes the disability or death of a 
servicemember, all comparisons with other Government programs seem 
hollow.
  The Defense Department argues that they refund the premiums for the 
SBP that is not paid to the widows of our 100 percent disable retirees. 
I know a thing or two about insurance. When someone buys an insurance 
policy and then dies, no insurance company in America could get away 
with saying, ``sorry, we're not going to pay; here's a refund of your 
premiums.''
  Not only that, but the Government does not even pay interest on the 
refunded premiums. However, let a widow get an overpayment from the 
Government, and the Government insists on collecting interest from her. 
These

[[Page 25431]]

widows are rightly saying ``keep your premium refund; give me the 
benefit we purchased.''
  The Department of Defense argues that the law lets widows assign the 
SBP benefit to their children and, in fact, draw both their VA and SBP 
benefits. This is not true for the vast majority. It applies only to 
widows who have children and only to those whose husbands were killed 
since November 24, 2003. It does absolutely nothing for more than 90 
percent of widows affected by this inequity.
  Even for those widows with kids, who do have the option, it poses a 
terrible choice. If they assign the benefit to their children, they 
lose it completely after their children reach age 18, or 22 if they go 
to college. One Army Sergeant Major's widow in this situation had two 
children in college. She made the choice to assign the SBP to them to 
help them stay in school. But the price of that decision is she will 
lose her annuity as soon as they graduate, and will have to live on 
$993 a month. We shouldn't put widows in a position of sacrificing 
their long-term financial health for the immediate needs of their 
families.
  As usual, the Defense Department says fixing this inequity would cost 
money. We all acknowledge that this will cost money. Everything we do 
costs money. But when something is the right thing to do, then we do 
it. Sometimes we compromise to pay the cost over time. But we find a 
way to do it. And that is what we should do now.
  The Defense Department argues that we shouldn't fix the SBP/DIC 
offset or the ``Greatest Generation'' SBP tax because we raised the 
age-62 SBP benefit last year. Not true. For the vast majority of the 
people affected by my amendment, last year's SBP fix did nothing. Many 
widows affected by the SBP/DIC offset still have their entire SBP 
annuity eliminated by the DIC offset. They get zero benefit from last 
year's change to SBP.
  One big reason for that is most servicemembers being killed on active 
duty today are junior--not 62 years old--and they don't have a very 
large SBP benefit. Their benefit would be much less than the $993 a 
month in VA DIC their survivors will receive. But that doesn't mean 
their loved ones aren't entitled to that small benefit.
  Also, last year's law did nothing for the World War II and Korean-era 
retirees who already have paid almost 20 percent more SBP premiums than 
later retirees, and who will end up paying one-third more if we don't 
change the law this year. These benefit changes affect different 
populations. Just because we brought fairness to one part of the 
retiree population last year doesn't mean that the others don't deserve 
fairness too.
  The Department of Defense argues that this change isn't needed 
because we raised the death gratuity to $100,000 and raised 
Servicemembers' Group Life Insurance, SGLI, to $400,000 earlier this 
year. It is correct that Congress made those changes, but the idea that 
fixing the SBP-DIC offset is now unnecessary couldn't be further from 
the truth.
  I am proud to have supported those changes to the death gratuity and 
SGLI, but they did nothing to help the vast majority of DIC widows and 
they certainly didn't help our ``Greatest Generation'' retirees. They 
only help the survivors of those killed in combat since 2001. Thousands 
of servicemembers gave their lives and their health for their country 
in hot and cold wars before that date. Their survivors have had no 
relief and most are living on $993 a month. That is just wrong.
  We have gone around and around on this issue over the years. We are 
in a dangerous and long term war with an evil and intractable enemy. We 
owe those who go in harm's way the assurance that the loved ones they 
leave behind will get all the care a grateful Nation can provide. It is 
the right thing to do, and now is the time to do it.
  Mrs. DOLE. Mr. President, these are certainly challenging times for 
our Nation--particularly as we confront an ever-emboldened terrorist 
network that seeks to threaten civilized societies and destroy our way 
of life. The threats are very real and the stakes are very high. Thank 
God we have men and women who are answering the call of duty by proudly 
wearing the uniform of the United States and defending our homeland 
here and abroad. It is imperative that we continually show them and 
their families just how much we appreciate and honor their service and 
their sacrifice.
  This Defense authorization bill certainly provides for much needed 
programs that will increase readiness and quality of life for our 
military personnel, and I applaud our distinguished Armed Services 
chairman, John Warner, and Majority Leader Frist for moving this bill 
forward. I represent a strong military constituency in North Carolina, 
and I am delighted that this bill includes several of my proposals 
addressing critical areas of need. I will briefly highlight a few of 
them.
  One of my amendments makes mental health counseling more accessible 
for service members and their families. It allows certified and 
licensed mental health counselors to directly bill TRICARE without a 
physician's referral, in Under Served Areas--those areas where there is 
an insufficient availability of mental health care providers.
  It is estimated that over half of U.S. counties have no practicing 
psychiatrists, psychologists, or social workers. Mental health 
counselors can certainly help fill the void. The Department of Health 
and Human Services already has in place a loan repayment program to 
encourage mental health counselors to work in underserved areas. My 
amendment removes barriers for those counselors to serve our military 
members--especially the reservists and guardsmen who often live in 
rural areas.
  There is no question that when our military men and women are 
deployed and separated from their families, the emotional stress and 
trauma can be unimaginable. It is absolutely imperative that they have 
access to mental health services not only to mitigate potential long 
term affects like depression, violence or divorce--but also to ease the 
reintegration into their family, and society, following long 
deployments. Caring for our servicemembers' mental as well as physical 
health is critical in retaining quality forces for our nation's 
defense.
  In last year's Defense authorization bill, my effort to have marriage 
and family therapists added to the list of mental health care providers 
available under TRICARE was successful. But with the ongoing war on 
terror, the reality is that more needs to be done.
  Another area we must all be concerned about is the blatant targeting 
of servicemembers by predatory lenders. It is an egregious practice 
that must be stopped. Not only can these practices lead to a cycle of 
financial and professional suffering for individual servicemembers and 
their families, but they can also have serious ramifications for our 
military's operational readiness. Military conduct codes stress 
financial solvency, and a member with bad credit and mounting debt can 
face potentially career-ending disciplinary measures.
  Many young troops--like many young people across the country--do not 
have a cushion of savings to use in an emergency, and most are not 
educated in financial management. In this time of more frequent and 
extended deployments, servicemembers are faced with extra expenses due 
to preparing for deployments and family emergencies that can force them 
or their spouses to look to predatory lenders for short-term relief.
  My amendment on predatory lending practices has two components. 
First, it places the Senate on record acknowledging predatory lending 
practices. Second, it requires the Defense Department, in consultation 
with Treasury, the Federal Reserve, the FDIC, and representatives of 
military charity and consumer organizations, to report to Congress 
within 90 days on several matters: their current and planned programs 
to assess the prevalence of predatory lending and to educate 
servicemembers and their families; and second, their recommendations 
for specific legislative and administrative actions to prevent or 
eliminate predatory lending.

[[Page 25432]]

  The Army has identified personal financial issues as one of the most 
difficult problems facing military families. I couldn't agree more. 
This Defense authorization bill will get the ball rolling on some much-
needed action, and I am very pleased to have the support of groups such 
as the Consumer Federation of America, the Center for Responsible 
Lending, the Military Coalition, and the Fleet Reserve Association.
  Finally, another of my amendments directs that acquisition personnel 
receive training on the requirements and application of the Berry 
amendment. Implemented in 1941, the Berry amendment requires the 
Defense Department to give preference in procurement to domestically 
produced, manufactured, or home grown products. In my view, this is 
essential to supporting the businesses that supply our troops with the 
equipment they need to carry out their duties.
  I am pleased that each of these amendments has been included in this 
authorization bill. I believe they reaffirm the commitment of this 
Congress to our military personnel, to their families, and to our 
entire Nation.

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