[Congressional Record (Bound Edition), Volume 151 (2005), Part 19]
[Senate]
[Pages 25452-25465]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2439. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. AMERICAN FORCES NETWORK.

       (a) Findings.--The Senate makes the following findings:
       (1) The mission of the American Forces Radio and Television 
     Service (AFRTS) and its American Forces Network (AFN), a 
     worldwide radio and television broadcast network, is to 
     deliver command information by providing United States 
     military commanders overseas and at sea with a broadcast 
     media that effectively communicates information to personnel 
     under their commands, including information from the 
     Department of Defense, information from the Armed Forces, and 
     information unique to the theater and localities in which 
     such personnel are stationed or deployed.
       (2) The American Forces Radio and Television Service and 
     the American Forces Network provide a ``touch of home'' to 
     members of the Armed Forces, civilian employees of the 
     Department of Defense, and their families stationed at bases 
     and at embassies and consulates in more than 179 countries, 
     as well as Navy, Coast Guard, and Military Sealift Command 
     ships at sea, by providing the same type and quality of radio 
     and television programming (including news, information, 
     sports, and entertainment) that would be available in the 
     continental United States. Additionally, the American Forces 
     Network plays an important role in enabling military 
     commanders to disseminate official information to members of 
     the Armed Forces and their families, thus making popularity 
     and acceptance key factors in ensuring effective 
     communication.
       (3) It is American Forces Radio and Television Service and 
     American Forces Network policy that, except for the Pentagon 
     Channel service, programming is acquired from distributors of 
     the most popular television program airing in the continental 
     United States. Much of the programming is provided at no cost 
     to the United States Government. The remainder of the 
     programming is provided at less-than-market rates to cover 
     distributors' costs and obligations. Depending on the 
     audience segment or demographic targeted, programs that 
     perform well are acquired and scheduled to maximize audiences 
     for internal and command information exposure.
       (4) American Forces Radio and Television Service and 
     American Forces Network select programming that represents a 
     cross-section of popular American radio and television, 
     tailored toward the worldwide audience of the American Forces 
     Radio and Television Service and the American Forces Network. 
     Schedules emulate programming practices in the United States, 
     and programs are aired in accordance with network broadcast 
     standards. Specifically, policy on programming seeks--
       (A) to provide balance and diversity;
       (B) to deliver a cross-section of popular programming;
       (C) to target appropriate demographics; and
       (D) to maintain network broadcast standards.
       (5) The ``Voice Channel'', or radio programming, of the 
     American Forces Radio and Television Service and American 
     Forces Network is chosen to address requirements specified by 
     the military broadcasting services and the detachment 
     commanders of their affiliate radio stations. American Forces 
     Network Radio makes a best faith effort to obtain the top-
     rated program of its sort at the time of selection, at no 
     cost to the United States Government. American Forces Network 
     Radio usually retains a scheduled program until it is no 
     longer produced, too few American Forces Network affiliates 
     choose to schedule the program locally, or a similar program 
     so thoroughly dominates its audience in the United States 
     that the American Forces Radio and Television Service 
     switches to this program to offer the higher rated show to 
     the overseas audience.
       (6) American Forces Network Radio personnel review the 
     major trade publications to monitor announcements of new 
     programs, follow the ratings of established programs, and 
     keep aware of programming trends. When a program addressing a 
     need identified by a Military Broadcasting Service or an 
     American Forces Network affiliate becomes available to the 
     American Forces Network, or a program seems especially worthy 
     of consideration, American Forces Network Radio informs the 
     affiliates and supplies samples to gauge affiliate interest. 
     If affiliates commit to broadcasting the new show, American 
     Forces Network Radio seeks to schedule it.
       (7) The managers of the American Forces Radio and 
     Television Service continually update their programming 
     options and, in November 2005, decided to include additional 
     programs that meet the criteria that American Forces Radio 
     and Television Service managers apply to such decisions, and 
     that, consistent with American Forces Radio and Television 
     Service and American Forces Network procedures, local 
     programmers at 33 locations around the globe decide which 
     programs actually are broadcast. American Forces Radio and 
     Television Service have consistently sought to provide a 
     broad, high

[[Page 25453]]

     quality range of choices for local station managers.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the men and women of the American Forces Radio and 
     Television Service and the Armed Forces Network should be 
     commended for providing a vital service to the military 
     community worldwide; and
       (2) the 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 and their families around the world and have 
     contributed immeasurably to high morale and quality of life 
     in the Armed Forces.
       (c) Authority To Appoint Ombudsman as Intermediary.--The 
     Secretary of Defense may appoint an individual to serve as 
     ombudsman of the American Forces Network. Any ombudsman so 
     appointed shall act as an intermediary between the staff of 
     the American Forces Network and the Department of Defense, 
     military commanders, and listeners to the programming of the 
     American Forces Network.
                                 ______
                                 
  SA 2440. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1073. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.

       (a) In General.--The superintendent of a service academy 
     may have in effect such policy as the superintendent 
     considers appropriate with respect to the offering of a 
     voluntary, nondenominational prayer at an otherwise 
     authorized activity of the academy, subject to such 
     limitations as the Secretary of Defense may prescribe.
       (b) Service Academies.--For purposes of this section, the 
     term ``service academy'' means any of the following:
       (1) The United States Military Academy.
       (2) The United States Naval Academy.
       (3) The United States Air Force Academy.
                                 ______
                                 
  SA 2441. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the 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.
                                 ______
                                 
  SA 2442. Mr. BYRD (for himself, Mr. Warner, Mr. Ensign, Mr. Akaka, 
Mr. Lautenberg, and Mr. Levin) proposed an amendment intended to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. __. DEPUTY SECRETARY OF DEFENSE FOR MANAGEMENT.

       (a) Establishment.--
       (1) Position and duties.--
       (A) Chapter 4 of title 10, United States Code, is amended--
       (i) in section 131(b), by striking paragraph (1) and 
     inserting the following new paragraph:
       ``(1) Two Deputy Secretaries of Defense, as follows:
       ``(A) The Deputy Secretary of Defense.
       ``(B) The Deputy Secretary of Defense for Management.''; 
     and
       (ii) by inserting after section 132 the following new 
     section 132a:

     ``Sec. 132a. Deputy Secretary of Defense for Management

       ``(a) Establishment.--(1) There is a Deputy Secretary of 
     Defense for Management, appointed from civilian life by the 
     President, by and with the advice and consent of the Senate, 
     from among persons who have--
       ``(A) extensive executive level experience in leadership 
     and management in the public or private sector;
       ``(B) substantial experience in the reform of accounting or 
     financial management systems in large organizations;
       ``(C) a demonstrated ability to manage large and complex 
     organizations; and
       ``(D) a record of achieving positive operational results.
       ``(2) A person may not be appointed as Deputy Secretary of 
     Defense for Management within 10 years after relief from 
     active duty as a commissioned officer of a regular component 
     of an armed force.
       ``(3) The Deputy Secretary of Defense for Management shall 
     serve for a term of seven years.
       ``(b) General Authority.--(1) The Deputy Secretary of 
     Defense for Management--
       ``(A) serves as the Chief Management Officer of the 
     Department of Defense;
       ``(B) is the principal adviser to the Secretary of Defense 
     on matters relating to the management of the Department of 
     Defense, including defense business activities, to ensure 
     departmentwide capability to carry out the strategic plan of 
     the Department of Defense in support of national security 
     objectives; and
       ``(C) performs such additional duties and exercises such 
     other powers as the Secretary may prescribe.
       ``(2) The Deputy Secretary of Defense for Management takes 
     precedence in the Department of Defense immediately after the 
     Deputy Secretary of Defense.
       ``(3)(A) The Deputy Secretary of Defense for Management 
     shall act for, and exercise the powers of, the Secretary of 
     Defense when--
       ``(i) the Secretary is disabled or there is no Secretary of 
     Defense; and
       ``(ii) the Deputy Secretary of Defense is disabled or there 
     is no Deputy Secretary of Defense.
       ``(B) The Deputy Secretary of Defense for Management shall 
     act for, and exercise the powers of, the Deputy Secretary of 
     Defense when the Deputy Secretary is disabled or there is no 
     Deputy Secretary of Defense.
       ``(c) Management Duties.--To support the economical, 
     efficient, and effective execution of the national defense 
     objectives, policies, and plans of the Department of Defense, 
     the Deputy Secretary of Defense for Management shall be 
     responsible to the Secretary of Defense for the development, 
     approval, implementation, integration, and oversight of 
     policies, procedures, processes, and systems for the 
     management of the Department of Defense that relate to 
     performance of the following functions:
       ``(1) Planning and budgeting, including performance 
     measurement.
       ``(2) Acquisition.
       ``(3) Logistics.
       ``(4) Facilities, installations, and environment.
       ``(5) Financial management.
       ``(6) Human resources and personnel.
       ``(7) Management of information resources, including 
     information technology, networks, and telecommunications 
     functions.
       ``(d) Defense Business Reform.--For the functions specified 
     in subsection (c), the Deputy Secretary of Defense for 
     Management shall--
       ``(1) develop and maintain a departmentwide management 
     strategic plan for business reform, and identify key 
     initiatives to be undertaken by the Department and its 
     components, together with related resource needs;
       ``(2) establish performance goals and measures for 
     improving and evaluating overall economy, efficiency, and 
     effectiveness;
       ``(3) monitor and measure the progress of the Department of 
     Defense and its components in meeting established performance 
     goals for improving economy, efficiency, and effectiveness; 
     and
       ``(4) review and approve plans and budgets for business 
     reform, including any proposed changes to policies, 
     procedures, processes, and systems, to ensure the 
     compatibility of those plans and budgets with--
       ``(A) the overall strategic plan and budget of the 
     Department of Defense;
       ``(B) the strategic plan for business reform of the 
     Department of Defense; and
       ``(C) achievement of the integration of business activities 
     throughout the Department of Defense.
       ``(e) Defense Business Systems.--(1) In carrying out the 
     duties of the position under this section, the Deputy 
     Secretary of Defense for Management shall oversee the 
     implementation of a defense business systems modernization 
     program including the execution of any funds appropriated for 
     maintaining legacy systems and for modernizing defense 
     business systems.
       ``(2) The Deputy Secretary of Defense for Management 
     shall--
       ``(A) oversee the development of, and shall review and 
     approve, all budget requests for defense business systems, 
     including the information to be submitted to Congress under 
     section 2222(h) of this title; and

[[Page 25454]]

       ``(B) subject to the authority, direction, and control of 
     the Secretary of Defense, perform the responsibilities of the 
     Secretary under section 2222 of this title.
       ``(3) In this subsection, the terms `defense business 
     system' and `defense business system modernization' have the 
     meanings given to those terms in section 2222(j) of this 
     title.
       ``(f) Relationship to Other Defense Officials.--(1) The 
     Deputy Secretary of Defense for Management exercises the 
     authority of the Secretary of Defense in the performance of 
     the duties of the Deputy Secretary under this section, 
     subject to the authority, direction, and control of the 
     Secretary.
       ``(2) The Secretaries of the military departments and the 
     heads of the other elements of the Department of Defense are 
     subject to the authority, direction, and control of the 
     Deputy Secretary in the performance of their duties with 
     respect to matters within the authority of the Deputy 
     Secretary, and the exercise of that authority by the Deputy 
     Secretary is binding on the military departments and such 
     other elements.
       ``(g) Consultation With Other Officials.--In carrying out 
     the duties of the position under this section, the Deputy 
     Secretary of Defense for Management shall consult on a 
     continuing basis with the Deputy Secretary of Defense, the 
     Secretaries of the military departments, and the Chairman of 
     the Joint Chiefs of Staff--
       ``(1) to support economical, efficient, and effective 
     performance of the missions of the Department of Defense; and
       ``(2) to support each of those officials--
       ``(A) in the implementation of the national defense 
     strategy and the strategic plan of the Department of Defense; 
     and
       ``(B) in the administration of related programs, plans, 
     operations, and activities.
       ``(h) Performance and Evaluation.--(1) The Deputy Secretary 
     of Defense for Management shall enter into an annual 
     performance agreement with the Secretary of Defense each 
     year. The agreement shall set forth measurable individual and 
     organizational goals that are consistent with the goals and 
     measures established under subsection (d) of this section. 
     The agreement shall be available for public disclosure.
       ``(2) The Secretary of Defense shall evaluate the 
     performance of the Deputy Secretary of Defense for Management 
     each year and shall determine as part of each such evaluation 
     whether the Deputy Secretary has made satisfactory progress 
     toward achieving the goals set out in the performance 
     agreement for that year under paragraph (1).''.
       (B) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     132 the following new item:

``132a. Deputy Secretary of Defense for Management.''.

       (2) Executive level ii.--Section 5313 of title 5, United 
     States Code, is amended by inserting after ``Deputy Secretary 
     of Defense'' the following:
       ``Deputy Secretary of Defense for Management.''.
       (b) Membership of Certain Department of Defense Management 
     Committees.--
       (1) Financial management modernization executive 
     committee.--Section 185(a) of title 10, United States Code, 
     is amended--
       (A) in paragraph (2)--
       (i) by redesignating subparagraphs (A), (B), (C), (D), and 
     (E) as subparagraphs (B), (C), (D), (E), and (F), 
     respectively;
       (ii) by inserting after ``composed of the following:'' the 
     following new subparagraph (A):
       ``(A) The Deputy Secretary of Defense for Management, who 
     shall be the chairman of the committee.''; and
       (iii) in subparagraph (B), as redesignated by clause (i), 
     by striking ``, who shall be the chairman of the committee''; 
     and
       (B) in paragraph (3), by inserting ``the Deputy Secretary 
     of Defense for Management,'' after ``the Deputy Secretary of 
     Defense,''.
       (2) Defense business system management committee.--Section 
     186 of such title is amended by striking ``Deputy Secretary 
     of Defense'' each place it appears in subsections (a)(1) and 
     (b) and inserting ``Deputy Secretary of Defense for 
     Management''.
       (c) Adjustments to Duties and Precedence of Other 
     Officials.--
       (1) Under secretary of defense for policy.--Section 134 of 
     title 10, United States Code, is amended--
       (A) in subsection (b)(2), by striking ``Secretary of 
     Defense--'' and inserting ``Secretary of Defense   and   the  
      Deputy   Secretary   of Defense--''; and
       (B) in subsection (c), by inserting ``the Deputy Secretary 
     of Defense for Management,'' after ``the Deputy Secretary of 
     Defense,''.
       (2) Under secretary of defense for acquisition, technology, 
     and logistics.--Section 133(e) of such title is amended--
       (A) in paragraph (1), by striking ``and the Deputy 
     Secretary of Defense'' and inserting ``, the Deputy Secretary 
     of Defense, and the Deputy Secretary of Defense for 
     Management''; and
       (B) in paragraph (2), by inserting ``the Deputy Secretary 
     of Defense for Management,'' after ``the Deputy Secretary of 
     Defense,''.
       (3) Deputy under secretary of defense for logistics and 
     materiel readiness.--Section 133b(c)(2) of such title is 
     amended by inserting ``the Deputy Secretary of Defense for 
     Management,'' after ``the Deputy Secretary of Defense,''.
       (4) Director of operational test and evaluation.--Section 
     139 of such title is amended--
       (A) in subsection (b)--
       (i) in paragraph (2), by striking ``and the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``, the Deputy Secretary of Defense, the Deputy 
     Secretary of Defense for Management, the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics,''; and
       (ii) in paragraph (5), by inserting ``, the Deputy 
     Secretary of Defense, and the Deputy Secretary of Defense for 
     Management'' after ``the Secretary of Defense''; and
       (B) in subsection (c), by striking ``and the Deputy 
     Secretary of Defense'' in the first sentence and inserting 
     ``, the Deputy Secretary of Defense, and the Deputy Secretary 
     of Defense for Management''.
                                 ______
                                 
  SA 2443. Mr. ENSIGN proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 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.
                                 ______
                                 
  SA 2444. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed by him to the bill S. 
1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page 25455]]

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

     SEC. 1073. SENSE OF THE SENATE ON THE EFFECT OF OIL AND GAS 
                   EXPLORATION ON MILITARY OPERATIONS.

       (a) Findings.--The Senate makes the following findings:
       (1) Continued encroachment, land use restrictions, and 
     environmental protections have significantly limited military 
     access to and use of Department of Defense training ranges, 
     operating ranges, and controlled areas and hampered land, 
     air, and sea testing.
       (2) While simulators and non-live fire exercises are an 
     important part of military training, there is no adequate 
     substitute for live-fire training using the full range of 
     ordnance available to the Armed Forces.
       (3) Approved and controlled areas for realistic and safe 
     live-fire testing and training operations are increasingly 
     limited.
       (4) The Department of Defense terminated Navy and Marine 
     Corps live-fire training operations at Vieques Island, Puerto 
     Rico.
       (5) The air and sea space within and around the Eastern 
     Gulf of Mexico is a unique and irreplaceable national 
     security asset that provides critical live-fire testing and 
     training opportunities.
       (6) Increased oil and gas exploration operations in the 
     waters or beneath the airspace controlled by the Department 
     of Defense could restrict critical live-fire testing and 
     training.
       (7) Future weapons systems and advanced technologies with 
     longer ranges at supersonic speeds will require more 
     restricted air, land, and water range space.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) oil and gas exploration operations should not interfere 
     with the testing and training missions of the Department of 
     Defense; and
       (2) any determination of range requirements and safety 
     buffers should realistically account for future weapons 
     systems and technologies, including longer range stand-off 
     drone technologies.
                                 ______
                                 
  SA 2445. Mr. BROWNBACK (for himself, Mr. Inhofe, and Mr. DeMint) 
submitted an amendment intended to be proposed by him to the bill S. 
1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF CHILDREN AND PARENTAL INVOLVEMENT IN 
                   THE PERFORMANCE OF ABORTIONS FOR DEPENDENT 
                   CHILDREN OF MEMBERS OF THE ARMED FORCES.

       Section 1093 of title 10, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(c) Parental Notice.--(1) A physician may not use 
     facilities of the Department of Defense to perform an 
     abortion on a pregnant unemancipated minor who is a child of 
     a member of the armed forces unless--
       ``(A) the physician gives at least 48 hours actual notice, 
     in person or by telephone, of the physician's intent to 
     perform the abortion to--
       ``(i) the member of the armed forces, or another parent of 
     the minor, if the minor has no managing conservator or 
     guardian; or
       ``(ii) a court-appointed managing conservator or guardian;
       ``(B) the judge of an appropriate district court of the 
     United States issues an order authorizing the minor to 
     consent to the abortion as provided by subsection (d) or (e);
       ``(C) the appropriate district court of the United States 
     by its inaction constructively authorizes the minor to 
     consent to the abortion as provided by subsection (d) or (e); 
     or
       ``(D) the physician performing the abortion--
       ``(i) concludes that on the basis of the physician's good 
     faith clinical judgment, a condition exists that complicates 
     the medical condition of the minor and necessitates the 
     immediate abortion of her pregnancy to avert her death or to 
     avoid a serious risk of substantial and irreversible 
     impairment of a major bodily function; and
       ``(ii) certifies in writing to the appropriate medical 
     official of the Department of Defense, and in the patient's 
     medical record, the medical indications supporting the 
     physician's judgment that the circumstances described by 
     clause (i) exist.
       ``(2) If a person to whom notice may be given under 
     paragraph (1)(A) cannot be notified after a reasonable 
     effort, a physician may perform an abortion if the physician 
     gives 48 hours constructive notice, by certified mail, 
     restricted delivery, sent to the last known address, to the 
     person to whom notice may be given under that paragraph. The 
     period under this paragraph begins when the notice is mailed. 
     If the person required to be notified is not notified within 
     the 48-hour period, the abortion may proceed even if the 
     notice by mail is not received.
       ``(3) The requirement that 48 hours actual notice be 
     provided under this subsection may be waived by an affidavit 
     of--
       ``(A) the member of the armed forces concerned, or another 
     parent of the minor, if the minor has no managing conservator 
     or guardian; or
       ``(B) a court-appointed managing conservator or guardian.
       ``(4) A physician may execute for inclusion in the minor's 
     medical record an affidavit stating that, according to the 
     best information and belief of the physician, notice or 
     constructive notice has been provided as required by this 
     subsection. Execution of an affidavit under this paragraph 
     creates a presumption that the requirements of this 
     subsection have been satisfied.
       ``(5) A certification required by paragraph (1)(D) is 
     confidential and privileged and is not subject to disclosure, 
     discovery, subpoena, or other legal process. Personal or 
     identifying information about the minor, including her name, 
     address, or social security number, may not be included in a 
     certification under paragraph (1)(D). The physician must keep 
     the medical records on the minor in compliance with 
     regulations prescribed by the Secretary of Defense.
       ``(6) A physician who intentionally performs an abortion on 
     a pregnant unemancipated minor in violation of this 
     subsection commits an offense punishable by a fine not to 
     exceed $10,000.
       ``(7) It is a defense to prosecution under this subsection 
     that the minor falsely represented her age or identity to the 
     physician to be at least 18 years of age by displaying an 
     apparently valid governmental record of identification such 
     that a reasonable person under similar circumstances would 
     have relied on the representation. The defense does not apply 
     if the physician is shown to have had independent knowledge 
     of the minor's actual age or identity or failed to use due 
     diligence in determining the minor's age or identity.
       ``(d) Judicial Approval.--(1) A pregnant unemancipated 
     minor who is a child of a member of the armed forces and who 
     wishes to have an abortion using facilities of the Department 
     of Defense without notification to the member of the armed 
     forces, another parent, her managing conservator, or her 
     guardian may file an application for a court order 
     authorizing the minor to consent to the performance of an 
     abortion without notification to either of her parents or a 
     managing conservator or guardian.
       ``(2) Any application under this subsection may be filed in 
     any appropriate district court of the United States. In the 
     case of a minor who elects not to travel to the United States 
     in pursuit of an order authorizing the abortion, the court 
     may conduct the proceedings in the case of such application 
     by telephone.
       ``(3) An application under this subsection shall be made 
     under oath and include--
       ``(A) a statement that the minor is pregnant;
       ``(B) a statement that the minor is unmarried, is under 18 
     years of age, and has not had her disabilities removed;
       ``(C) a statement that the minor wishes to have an abortion 
     without the notification of either of her parents or a 
     managing conservator or guardian; and
       ``(D) a statement as to whether the minor has retained an 
     attorney and, if she has retained an attorney, the name, 
     address, and telephone number of her attorney.
       ``(4) The court shall appoint a guardian ad litem for the 
     minor. If the minor has not retained an attorney, the court 
     shall appoint an attorney to represent the minor. If the 
     guardian ad litem is an attorney, the court may appoint the 
     guardian ad litem to serve as the minor's attorney.
       ``(5) The court may appoint to serve as guardian ad litem 
     for a minor--
       ``(A) a psychiatrist or an individual licensed or certified 
     as a psychologist;
       ``(B) a member of the clergy;
       ``(C) a grandparent or an adult brother, sister, aunt, or 
     uncle of the minor; or
       ``(D) another appropriate person selected by the court.
       ``(6) The court shall determine within 48 hours after the 
     application is filed whether the minor is mature and 
     sufficiently well-informed to make the decision to have an 
     abortion performed without notification to either of her 
     parents or a managing conservator or guardian, whether 
     notification would not be in the best interest of the minor, 
     or whether notification may lead to physical, sexual, or 
     emotional abuse of the minor. If the court finds that the 
     minor is mature and sufficiently well informed, that 
     notification would not be in the minor's best interest, or 
     that notification may lead to physical, sexual, or emotional 
     abuse of the minor, the court shall enter an order 
     authorizing the minor to consent to the performance of the 
     abortion without notification to either of her parents or a 
     managing conservator or guardian and shall execute the 
     required forms.
       ``(7) If the court fails to rule on the application within 
     the period specified in paragraph (6), the application shall 
     be deemed to be granted and the physician may perform the 
     abortion as if the court had issued an order authorizing the 
     minor to consent to the performance of the abortion without 
     notification under subsection (c).

[[Page 25456]]

       ``(8) If the court finds that the minor does not meet the 
     requirements of paragraph (6), the court may not authorize 
     the minor to consent to an abortion without the notification 
     authorized under subsection (c)(1).
       ``(9) The court may not notify a parent, managing 
     conservator, or guardian that the minor is pregnant or that 
     the minor wants to have an abortion. The court proceedings 
     shall be conducted in a manner that protects the anonymity of 
     the minor. The application and all other court documents 
     pertaining to the proceedings are confidential and privileged 
     and are not subject to disclosure, discovery, subpoena, or 
     other legal process. The minor may file the application using 
     a pseudonym or using only her initials.
       ``(10) An order of the court issued under this subsection 
     is confidential and privileged and is not subject to 
     disclosure, discovery, subpoena, or other legal process. The 
     order may not be released to any person but the pregnant 
     minor, the pregnant minor's guardian ad litem, the pregnant 
     minor's attorney, another person designated to receive the 
     order by the minor, or a governmental agency or attorney in a 
     criminal or administrative action seeking to assert or 
     protect the interest of the minor.
       ``(11) A filing fee is not required of and court costs may 
     not be assessed against a minor filing an application under 
     this subsection.
       ``(e) Appeal.--(1) A minor whose application under 
     subsection (d) is denied may appeal to the court of appeals 
     of the United States having jurisdiction of the district 
     court of the United States that denied the application. If 
     the court of appeals fails to rule on the appeal within 48 
     hours after the appeal is filed, the appeal shall be deemed 
     to be granted and the physician may perform the abortion 
     using facilities of the Department of Defense as if the court 
     had issued an order authorizing the minor to consent to the 
     performance of the abortion using facilities of the 
     Department of Defense without notification under subsection 
     (c). Proceedings under this subsection shall be given 
     precedence over other pending matters to the extent necessary 
     to assure that the court reaches a decision promptly.
       ``(2) A ruling of the court of appeals under this 
     subsection is confidential and privileged and is not subject 
     to disclosure, discovery, subpoena, or other legal process. 
     The ruling may not be released to any person but the pregnant 
     minor, the pregnant minor's guardian ad litem, the pregnant 
     minor's attorney, another person designated to receive the 
     ruling by the minor, or a governmental agency or attorney in 
     a criminal or administrative action seeking to assert or 
     protect the interest of the minor.
       ``(3) A filing fee is not required of and court costs may 
     not be assessed against a minor filing an appeal under this 
     subsection.
       ``(f) Definitions.--In this section:
       ``(1) The term `abortion' means the use of any means at a 
     medical facility of the Department of Defense to terminate 
     the pregnancy of a female known by an attending physician to 
     be pregnant, with the intention that the termination of the 
     pregnancy by those means will with reasonable likelihood 
     cause the death of the fetus. The term applies only to an 
     unemancipated minor known by an attending physician to be 
     pregnant and may not be construed to limit a minor's access 
     to contraceptives.
       ``(2) The term `appropriate district court of the United 
     States' means--
       ``(A) with respect to a proposed abortion at a particular 
     Department of Defense medical facility in the United States 
     or its territories, the district court of the United States 
     having proper venue in relation to that facility; or
       ``(B) if the minor is seeking an abortion at a particular 
     Department of Defense facility outside the United States or 
     its territories--
       ``(i) if the minor elects to travel to the United States in 
     pursuit of an order authorizing the abortion, the district 
     court of the United States having proper venue in the 
     district in which the minor first arrives from outside the 
     United States; or
       ``(ii) if the minor elects not to travel to the United 
     States in pursuit of an order authorizing the abortion, the 
     district court of the United States for the district in which 
     the minor last resided.
       ``(3) The term `fetus' means an individual human organism 
     from fertilization until birth.
       ``(4) The term `guardian' means a court-appointed guardian 
     of the person of the minor.
       ``(5) The term `physician' means an individual licensed to 
     practice medicine.
       ``(6) The term `unemancipated minor' includes a minor who 
     is not a member of the armed forces and who--
       ``(A) is unmarried; and
       ``(B) has not had any disabilities of minority removed.''.
                                 ______
                                 
  SA 2446. Mr. WARNER (for Mr. Lieberman (for himself and Mr. Cornyn)) 
proposed an amendment to the bill S. 1042, to authorize appropriations 
for fiscal year 2006 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       At the end of subtitle 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).
                                 ______
                                 
  SA 2447. Mr. WARNER (for Mr. Hatch (for himself, Mr. Inhofe, Mr. 
Bennett, and Mr. Chambliss)) proposed an amendment to the bill S. 1042, 
to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       On page 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.
                                 ______
                                 
  SA 2448. Mr. WARNER (for Mr. Conrad (for himself, Mr. Baucus, and Mr. 
Salazar)) proposed an amendment to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and

[[Page 25457]]

for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the end of subtitle 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.
                                 ______
                                 
  SA 2449. Mr. WARNER (for Mr. Thune) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the end of subtitle 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.
       (6) A description of the process for developing 
     requirements for the Space Radar, including the involvement 
     of the Civil Applications Committee.
                                 ______
                                 
  SA 2450. Mr. WARNER (for Mrs. Murray) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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''.
                                 ______
                                 
  SA 2451. Mr. WARNER (for Mr. Chambliss) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle 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.
                                 ______
                                 
  SA 2452. Mr. WARNER (for Mr. Nelson of Nebraska) proposed an 
amendment to the bill S. 1042, to authorize appropriations for fiscal 
year 2006 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       At the end of subtitle 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

[[Page 25458]]

     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.
                                 ______
                                 
  SA 2453. Mr. WARNER (for Mr. Lott (for himself, Mr. Cochran, and Mr. 
Nelson of Florida)) proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 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.
                                 ______
                                 
  SA 2454. Mr. WARNER (for Mr. McCain) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle 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.
                                 ______
                                 
  SA 2455. Mr. WARNER (for Mr. Reed (for himself and Mr. Rockefeller)) 
proposed an amendment to the bill S. 1042, to authorize appropriations 
for fiscal year 2006 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 1205. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

       (a) Review.--Not 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 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 on 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 required under paragraph (1) shall be 
     submitted in unclassified form, but may include an 
     unclassified annex.
                                 ______
                                 
  SA 2456. Mr. WARNER (for Mrs. Dole) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

     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,''.
                                 ______
                                 
  SA 2457. Mr. WARNER proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of subtitle 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.
                                 ______
                                 
  SA 2458. Mr. WARNER (for Mr. McCain) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel

[[Page 25459]]

strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       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;
       (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--

[[Page 25460]]

       (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.
                                 ______
                                 
  SA 2459. Mr. WARNER proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of subtitle 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.
                                 ______
                                 
  SA 2460. Mr. WARNER (for Mrs. Clinton (for herself and Ms. Collins)) 
proposed an amendment to the bill S. 1042, to authorize appropriations 
for fiscal year 2006 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       At the end of subtitle 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 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.
                                 ______
                                 
  SA 2461. Mr. WARNER (for Ms. Snowe) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense

[[Page 25461]]

activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 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.
                                 ______
                                 
  SA 2462. Mr. WARNER (for Mr. Vitter) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

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

         (a) Report Required.--The Secretary of Defense shall 
     notify the congressional defense committees not less than 60 
     days before cancelling a major automated information system 
     program that has been fielded or approved to be fielded, or 
     making a change that will significantly reduce the scope of 
     such a program, of the proposed cancellation or change.
         (b) Content.--Each notification submitted under 
     subsection (a) with respect to the proposed cancellation or 
     change shall include--
         (1) the specific justification for the proposed change;
         (2) a description of the impact of the proposed change on 
     the Department's ability to achieve the objectives of the 
     program that has been cancelled or changed;
         (3) a description of the steps that the Department plans 
     to take to achieve such objectives; and
         (4) other information relevant to the change in 
     acquisition strategy.
         (c) Definitions.--In this section:
         (1) The term ``major automated information system'' has 
     the meaning given that term in Department of Defense 
     Directive 5000.
         (2) The term ``approved to be fielded'' means having 
     received Milestone C approval.
                                 ______
                                 
  SA 2463. Mr. WARNER (for Mr. Chambliss) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

         On page 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
------------------------------------------------------------------------

                                 ______
                                 
  SA 2464. Mr. WARNER (for Mr. Bayh) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

         At the end of title 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.
                                 ______
                                 
  SA 2465. Mr. WARNER proposed an amendment to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

         At the end of 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.
                                 ______
                                 
  SA 2466. Mr. WARNER (for Mr. Graham (for himself and Mr. Nelson of 
Nebraska)) proposed an amendment to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 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 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

[[Page 25462]]

     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 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.

[[Page 25463]]

       ``(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.''.
                                 ______
                                 
  SA 2467. Mr. WARNER (for Mr. Dodd) proposed an amendment to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the end of subtitle C of title 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 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.
                                 ______
                                 
  SA 2468. Mr. WARNER (for Mrs. Dole) proposed an amendment to the bill 
S. 1042, to authorize appropriations

[[Page 25464]]

for fiscal year 2006 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       At the end of subtitle 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.
                                 ______
                                 
  SA 2469. Mr. WARNER (for Mr. Carper) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 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.
                                 ______
                                 
  SA 2470. Mr. WARNER (for Mr. Santorum) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle 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.
                                 ______
                                 
  SA 2471. Mr. WARNER (for Mr. Feingold) proposed an amendment to the 
bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of 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.''.

[[Page 25465]]

       (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:

``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.
                                 ______
                                 
  SA 2472. Mr. VOINOVICH (for Mr. Enzi) proposed an amendment to the 
bill H.R. 797, to amend the Native American Housing Assistance and 
Self-Determination Act of 1996 and other Acts to improve housing 
programs for Indians; as follows:

       On page 3, line 9, strike ``and''.
       Beginning on page 3, strike lines 19 through 24 and insert 
     the following: of 1968 (42 U.S.C. 3601 et seq.); and
       (E) federally recognized Indian tribes exercising powers of 
     self-government are governed by the Indian Civil Rights Act 
     (25 U.S.C. 1301 et seq.); and
       Beginning on page 4, strike line 15 and all that follows 
     through page 5, line 6, and insert the following:

     ``SEC. 544. INDIAN TRIBES.

       ``Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
     et seq.) and title VIII of the Civil Rights Act of 1968 (42 
     U.S.C. 3601 et seq.) shall not apply to actions by federally 
     recognized Indian tribes (including instrumentalities of such 
     Indian tribes) under this Act.''.
       On page 5, after line 23, add the following:

     SEC. 6. YOUTHBUILD ELIGIBILITY.

       Section 460 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12899h-1) is amended by striking ``for 
     fiscal year 1998 and fiscal years thereafter'' and inserting 
     ``for fiscal years 1998 through 2005''.
                                 ______
                                 
  SA 2473. Mr. DURBIN (for himself, Mr. Corzine, and Ms. Landrieu) 
submitted an amendment intended to be proposed by him to the bill S. 
1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

       (a) Age and Service Requirements.--Subsection (a) of 
     section 12731 of title 10, United States Code, is amended to 
     read as follows:
       ``(a)(1) Except as provided in subsection (c), a person is 
     entitled, upon application, to retired pay computed under 
     section 12739 of this title, if the person--
       ``(A) satisfies one of the combinations of requirements for 
     minimum age and minimum number of years of service (computed 
     under section 12732 of this title) that are specified in the 
     table in paragraph (2);
       ``(B) performed the last six years of qualifying service 
     while a member of any category named in section 12732(a)(1) 
     of this title, but not while a member of a regular component, 
     the Fleet Reserve, or the Fleet Marine Corps Reserve, except 
     that in the case of a person who completed 20 years of 
     service computed under section 12732 of this title before 
     October 5, 1994, the number of years of qualifying service 
     under this subparagraph shall be eight; and
       ``(C) is not entitled, under any other provision of law, to 
     retired pay from an armed force or retainer pay as a member 
     of the Fleet Reserve or the Fleet Marine Corps Reserve.
       ``(2) The combinations of minimum age and minimum years of 
     service required of a person under subparagraph (A) of 
     paragraph (1) for entitlement to retired pay as provided in 
     such paragraph are as follows:

``Age, in years, The minimum years of service required for that age is:
  55............................................................25 ....

  56............................................................24 ....

  57............................................................23 ....

  58............................................................22 ....

  59............................................................21 ....

  60.........................................................20.''.....

       (b) 20-Year Letter.--Subsection (d) of such section is 
     amended by striking ``the years of service required for 
     eligibility for retired pay under this chapter'' in the first 
     sentence and inserting ``20 years of service computed under 
     section 12732 of this title.''.
       (c) Effective Date.--This section and the amendments made 
     by this subsection (a) shall take effect on the first day of 
     the first month beginning on or after the date of the 
     enactment of this Act and shall apply with respect to retired 
     pay payable for that month and subsequent months.

                          ____________________