S.Amdt. 1309Senate109th Congress (2005-2007)
S.Amdt. 1309
Sponsored by 
Sen. Chuck Grassley (R-IA)
Sen. Chuck Grassley (R-IA)Submitted July 20, 2005
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 1303. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the bill H.R. 3057, an act making appropriations for the
Department of State, foreign operations, and related programs for the
fiscal year ending September 30, 2006, and for other purposes; which
was ordered to lie on the table; as follows:
On page 175, between lines 6 and 7, insert the following:
(e) It is the sense of Congress that, as the United States
pursues a policy of moving forward on negotiations for
Kosovo's future status, the funds made available during 2006
under this heading for assistance for Kosovo should be used
primarily for programs that will promote progress on the
long-term fulfillment in Kosovo of the standards on human
rights, rule of law, democracy, and respect for minorities
that were established by the United Nations and that are
critical to promoting lasting stability and peace in Kosovo
and the surrounding region.
______
SA 1304. Mr. SCHUMER proposed an amendment to the bill H.R. 3057, an
act making appropriations for the Department of State, foreign
operations, and related programs for the fiscal year ending September
30, 2006, and for other purposes; as follows:
On page 326, between lines 10 and 11, insert the following:
REPORT ON RECIPROCITY
Sec. 6113. (a) Notwithstanding any other provision of law,
no agency or department of the United States may approve a
merger between a United States company and a foreign-owned
company or an acquisition of a United State company by a
foreign-owned company prior to 30 days after the date on
which the Secretary of State submits to Congress the report
required by subsection (c).
(b) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban
Affairs, and the Select Committee on Intelligence of the
Senate and the Committee on Appropriations, the Committee on
Armed Services, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) The term ``foreign-owned company'' means an entity that
is owned or controlled by the government of a foreign
country.
(3) The term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization.
(4) The term ``owned or controlled'' means--
(A) in the case of a corporation, the holding of at least
50 percent (by vote or value) of the capital structure of the
corporation; and
(B) in the case of any other kind of legal entity, the
holding of interests representing at least 50 percent of the
capital structure of the entity.
(5) The term ``United States company'' means an entity that
has its primary place of business in the United States and
that is publicly traded on a United States based stock
exchange.
(c) The report referred to in subsection (a) is a report
submitted to the appropriate congressional committees by the
Secretary of State, in consultation with the Secretary of
Commerce, on a proposed merger between a United States
company and a foreign-owned company or an acquisition of a
United State company by a foreign-owned company. Such report
shall include an assessment of whether the law and
regulations of the government that owns or controls the
foreign-owned company would generally permit a United States
company in the same industry as the foreign-owned company to
purchase, acquire, merge, or otherwise establish a joint
relationship with an entity whose primary place of business
is located in such foreign country.
______
SA 1305. Mr. DODD (for himself, Mr. Nelson of Florida, Mr. Reed, Mr.
Leahy, and Mr. Biden) proposed an amendment to the bill H.R. 3057, An
act making appropriations for the Department of State, foreign
operations, and related programs for the fiscal year ending September
30, 2006, and for other purposes; as follows:
On page 259, at the end of the page add the following new
paragraph:
``(c) Funds made available for assistance for Haiti shall
be made available to support elections in Haiti after the
Secretary of State submits a written report to the Committee
on Appropriations, the House International Relations
Committee and the Senate Foreign Relations Committee setting
forth a detailed plan, in consultation with the Haitian
Transitional Government and the United Nations Stabilization
Mission (MINUSTAH), which includes an integrated public
security strategy to strengthen the rule of law, ensure that
acceptable security conditions exist to permit an electoral
process with broad based participation by all the political
parties, and provide a timetable for the demobilization,
disarmament and reintegration of armed groups: Provided, That
following the receipt of such report, up to $3,000,000 of the
funds made available under subsection (a)(3) should be made
available for the demobilization, disarmament, and
reintegration of armed groups in Haiti.
______
SA 1306. Mr. McCONNELL (for Mr. Byrd) proposed an amendment to the
bill H.R. 3057, an act making appropriations for the Department of
State, foreign operations, and related programs for the fiscal year
ending September 30, 2006, and for other purposes; as follows:
On page 326, between lines 10 and 11, insert the following:
RESPONSIBILITIES AND AUTHORITIES OF UNITED STATES-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION
Sec. . (a) Modification of Responsibilities.--
Notwithstanding any provision of section 1238 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (22 U.S.C. 7002), or any other provision of law, the
United States-China Economic and Security Review Commission
established by subsection (b) of that section should
investigate and report exclusively on each of the following
areas:
(1) Proliferation practices.--The role of the People's
Republic of China in the proliferation of weapons of mass
destruction and other weapons (including dual use
technologies), including actions the United States might take
to encourage the People's Republic of China to cease such
practices.
[[Page S8575]]
(2) Economic transfers.--The qualitative and quantitative
nature of the transfer of United States production activities
to the People's Republic of China, including the relocation
of high technology, manufacturing, and research and
development facilities, the impact of such transfers on
United States national security, the adequacy of United
States export control laws, and the effect of such transfers
on United States economic security and employment.
(3) Energy.--The effect of the large and growing economy of
the People's Republic of China on world energy supplies and
the role the United States can play (including through joint
research and development efforts and technological
assistance) in influencing the energy policy of the People's
Republic of China.
(4) Access to united states capital markets.--The extent of
access to and use of United States capital markets by the
People's Republic of China, including whether or not existing
disclosure and transparency rules are adequate to identify
People's Republic of China companies engaged in harmful
activities.
(5) Regional economic and security impacts.--The triangular
economic and security relationship among the United States,
Taipei, and the People's Republic of China (including the
military modernization and force deployments of the People's
Republic of China aimed at Taipei), the national budget of
the People's Republic of China, and the fiscal strength of
the People's Republic of China in relation to internal
instability in the People's Republic of China and the
likelihood of the externalization of problems arising from
such internal instability.
(6) United states-china bilateral programs.--Science and
technology programs, the degree of non-compliance by the
People's Republic of China with agreements between the United
States and the People's Republic of China on prison labor
imports and intellectual property rights, and United States
enforcement policies with respect to such agreements.
(7) World trade organization compliance.--The compliance of
the People's Republic of China with its accession agreement
to the World Trade Organization (WTO).
(b) Applicability of Federal Advisory Committee Act.--
Subsection (g) of section 1238 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 is
amended to read as follows:
``(g) Applicability of FACA.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
activities of the Commission.''.
______
SA 1307. Mr. McCONNELL (for Mr. Leahy (for himself, Mrs. Clinton, Mr.
Chafee, Ms. Mikulski, Mr. Corzine, and Mrs. Murray)) proposed an
amendment to the bill H.R. 3057, an act making appropriations for the
Department of State, foreign operations, and related programs for the
fiscal year ending September 30, 2006, and for other purposes; as
follows:
On page 274, between lines 7 and 8, insert the following
new subsection:
(e) Use of Funds.--None of the funds made available for the
UNFPA in this section may be used for any purpose except--
(1) to provide and distribute equipment, medicine, and
supplies, including safe delivery kits and hygiene kits, to
ensure safe childbirth and emergency obstetric care;
(2) to prevent and treat cases of obstetric fistula;
(3) to make available supplies of contraceptives for the
prevention of pregnancy and sexually transmitted infections,
including HIV/AIDS;
(4) to reestablish maternal health services in areas where
medical infrastructure and such services have been destroyed
by natural disasters;
(5) to eliminate the practice of female genital mutilation;
or
(6) to promote the access of unaccompanied women and other
vulnerable people to vital services, including access to
water, sanitation facilities, food, and health care.
______
SA 1308. Mr. McCONNELL (for Mr. Frist) proposed an amendment to the
bill H.R. 3057, an act making appropriations for the Department of
State, foreign operations, and related programs for the fiscal year
ending September 30, 2006, and for other purposes; as follows:
On page 326, between lines 10 and 11, insert the following:
NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS
Sec. 6113. Funds appropriated under title III under the
heading ``nonproliferation, anti-terrorism, demining and
related programs'' may be made available to the Under
Secretary of State for Arms Control and International
Security for use in certain nonproliferation efforts and
counterproliferation efforts such as increased voluntary dues
to the International Atomic Energy Agency, activities under
the Proliferation Security Initiative, and the Cooperative
Threat Reduction program, and in support of the National
Counter Proliferation Center and its activities.
______
SA. 1309. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle C of title III, add the following:
SEC. 330. PERMANENT AND MODIFIED AUTHORITY OF ARMY WORKING-
CAPITAL FUNDED FACILITIES TO ENGAGE IN
COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
(a) Permanent Authority.--Section 4544 of title 10, United
States Code, is amended by striking subsection (j).
(b) Utilization of Proceeds of Sale of Articles and
Services.--Such section is further amended--
(1) in subsection (d), by striking ``subsection (e)'' and
inserting ``subsection (f)'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Utilization of Proceeds.--(1) The proceeds of sale of
articles and services received in connection with the use of
an Army industrial facility under this section shall be
credited to the appropriation or working-capital fund that
incurs the variable costs of manufacturing the articles or
performing the services. Notwithstanding section 3302(b) of
title 31, the amount so credited with respect to an Army
industrial facility shall be available, without further
appropriation, as follows:
``(A) Amounts equal to the amounts of the variable costs so
incurred shall be available for the same purposes as the
appropriation or working-capital fund to which credited.
``(B) Amounts in excess of the amounts of the variable
costs so incurred shall be available for operation,
maintenance, and environmental restoration at that Army
industrial facility.
``(2) Amounts credited to a working-capital fund under
paragraph (1) shall remain available until expended. Amounts
credited to an appropriation under paragraph (1) shall remain
available for the same period as the appropriation to which
credited.''; and
(4) in subsection (g), as redesignated by paragraph (2) of
this subsection, by striking ``subsection (e)'' and inserting
``subsection (f)''.
______
SA. 1310. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle C of title III, add the following:
SEC. 330. PERMANENT AND MODIFIED AUTHORITY OF ARMY WORKING-
CAPITAL FUNDED FACILITIES TO ENGAGE IN
COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
(a) Permanent Authority.--Section 4544 of title 10, United
States Code, is amended by striking subsection (j).
(b) Crediting of Proceeds of Sale of Articles and
Services.--Such section is further amended--
(1) in subsection (d), by striking ``subsection (e)'' and
inserting ``subsection (f)'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Proceeds Credited to Working Capital Fund.--The
proceeds of sale of an article or service pursuant to a
contract or other cooperative arrangement under this section
shall be credited to the working capital fund that incurs the
cost of manufacturing the article or performing the
service.''; and
(4) in subsection (g), as redesignated by paragraph (2) of
this subsection, by striking ``subsection (e)'' and inserting
``subsection (f)''.
______
SA. 1311. 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; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
ECONOMIC AND ENERGY SECURITY
Sec. _. Section 721 of the Defense Production Act of 1950
(50 U.S.C. App. 2170) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``The President'' and inserting ``(1) In
General.--The President'';
[[Page S8576]]
(C) by inserting ``, including national economic and energy
security,'' after ``national security'';
(D) by adding at the end the following new paragraph:
``(2) Notice and wait requirement.--
``(A) Notification of approval.--The President shall notify
the appropriate congressional committees of each approval of
any proposed merger, acquisition, or takeover that is
investigated under paragraph (1).
``(B) Joint resolution objecting to transaction.--
``(i) Delay pending consideration of resolution.--A
transaction described in subparagraph (A) may not be
consummated until 10 legislative days after the President
provides the notice required under such subparagraph. If a
joint resolution objecting to the proposed transaction is
introduced in either House of Congress by the chairman of one
of the appropriate congressional committees during such
period, the transaction may not be consummated until 30
legislative days after such resolution.
``(ii) Disapproval upon passage of resolution.--If a joint
resolution introduced under clause (i) is agreed to by both
Houses of Congress, the transaction may not be
consummated.'';
(E) in paragraph (1)(B) (as so designated by this
paragraph), by striking ``shall'';
(2) in subsection (d), by striking ``subsection (d)'' and
inserting ``subsection (e)'';
(3) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (d)'';
(4) in subsection (f)(3), by inserting ``, including
national economic and energy security,'' after ``national
security'';
(5) in subsection (g)--
(A) by striking ``Report to the Congress'' in the heading
and inserting ``Reports to Congress'';
(B) by striking ``The President'' and inserting the
following: ``(1) Reports on determinations.--The President'';
(C) by adding at the end the following new paragraph:
``(2) Reports on considered transactions.--
``(A) In general.--The President or the President's
designee shall transmit to the appropriate congressional
committees on a monthly basis a report containing a detailed
summary and analysis of each transaction the consideration of
which was completed by the Committee on Foreign Acquisitions
Affecting National Security since the most recent report.
``(B) Content.--Each report submitted under subparagraph
(A) shall include--
``(i) a description of all of the elements of each
transaction; and
``(ii) a description of the standards and criteria used by
the Committee to assess the impact of each transaction on
national security.
``(C) Form.--The reports submitted under subparagraph (A)
shall be submitted in both classified and unclassified form,
and company proprietary information shall be appropriately
protected.''; and
(D) by striking ``of this Act'';
(6) in subsection (k)--
(A) by striking ``Quadrennial'' in the heading and
inserting ``Annual''; and
(B) in paragraph (1)--
(i) by striking ``upon the expiration of every 4 years''
and inserting ``annually'';
(ii) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new subparagraph:
``(C) evaluates the cumulative effect on national security
of foreign investment in the United States.''; and
(7) by adding at the end the following new subsections:
``(l) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Armed Services, the Select Committee on
Intelligence, and the Committee on Appropriations of the
Senate; and
``(2) the Committee on Financial Services, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
``(m) Designee.--Notwithstanding any other provision of
law, the designee of the President for purposes of this
section shall be known as the `Committee on Foreign
Acquisitions Affecting National Security', and such committee
shall be chaired by the Secretary of Defense.''.
______
SA 1312. 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; which was ordered to lie on the table;
as follows:
At the end of title XII, insert the following:
SEC. 1205. THE UNITED STATES-CHINA ECONOMIC AND SECURITY
REVIEW COMMISSION.
(a) Findings.--Congress finds the following:
(1) The 2004 Report to Congress of the United States-China
Economic and Security Review Commission states that--
(A) China's State-Owned Enterprises (SOEs) lack adequate
disclosure standards, which creates the potential for United
States investors to unwittingly contribute to enterprises
that are involved in activities harmful to United States
security interests;
(B) United States influence and vital long-term interests
in Asia are being challenged by China's robust regional
economic engagement and diplomacy;
(C) the assistance of China and North Korea to global
ballistic missile proliferation is extensive and ongoing;
(D) China's transfers of technology and components for
weapons of mass destruction (WMD) and their delivery systems
to countries of concern, including countries that support
acts of international terrorism, has helped create a new tier
of countries with the capability to produce WMD and ballistic
missiles;
(E) the removal of the European Union arms embargo against
China that is currently under consideration in the European
Union would accelerate weapons modernization and dramatically
enhance Chinese military capabilities;
(F) China's recent actions toward Taiwan call into question
China's commitments to a peaceful resolution;
(G) China is developing a leading-edge military with the
objective of intimidating Taiwan and deterring United States
involvement in the Strait, and China's qualitative and
quantitative military advancements have already resulted in a
dramatic shift in the cross-Strait military balance toward
China; and
(H) China's growing energy needs are driving China into
bilateral arrangements that undermine multilateral efforts to
stabilize oil supplies and prices, and in some cases may
involve dangerous weapons transfers.
(2) On March 14, 2005, the National People's Congress
approved a law that would authorize the use of force if
Taiwan formally declares independence.
(b) Sense of Congress.--
(1) Plan.--The President is strongly urged to take
immediate steps to establish a plan to implement the
recommendations contained in the 2004 Report to Congress of
the United States-China Economic and Security Review
Commission in order to correct the negative implications that
a number of current trends in United States-China relations
have for United States long-term economic and national
security interests.
(2) Contents.--Such a plan should contain the following:
(A) Actions to address China's policy of undervaluing its
currency, including--
(i) encouraging China to provide for a substantial upward
revaluation of the Chinese yuan against the United States
dollar;
(ii) allowing the yuan to float against a trade-weighted
basket of currencies; and
(iii) concurrently encouraging United States trading
partners with similar interests to join in these efforts.
(B) Actions to make better use of the World Trade
Organization (WTO) dispute settlement mechanism and
applicable United States trade laws to redress China's unfair
trade practices, including China's exchange rate
manipulation, denial of trading and distribution rights, lack
of intellectual property rights protection, objectionable
labor standards, subsidization of exports, and forced
technology transfers as a condition of doing business. The
United States Trade Representative should consult with our
trading partners regarding any trade dispute with China.
(C) Actions to encourage United States diplomatic efforts
to identify and pursue initiatives to revitalize United
States engagement with China's Asian neighbors. The
initiatives should have a regional focus and complement
bilateral efforts. The Asia-Pacific Economic Cooperation
forum (APEC) offers a ready mechanism for pursuit of such
initiatives.
(D) Actions by the administration to hold China accountable
for proliferation of prohibited technologies and to secure
China's agreement to renew efforts to curtail North Korea's
commercial export of ballistic missiles.
(E) Actions to encourage the creation of a new United
Nations framework for monitoring the proliferation of WMD and
their delivery systems in conformance with member nations'
obligations under the Nuclear Non-Proliferation Treaty, the
Biological Weapons Convention, and the Chemical Weapons
Convention. The new monitoring body should be delegated
authority to apply sanctions to countries violating these
treaties in a timely manner, or, alternatively, should be
required to report all violations in a timely manner to the
Security Council for discussion and sanctions.
(F) Actions by the administration to conduct a fresh
assessment of the ``One China'' policy, given the changing
realities in China and Taiwan. This should include a review
of--
(i) the policy's successes, failures, and continued
viability;
(ii) whether changes may be needed in the way the United
States Government coordinates its defense assistance to
Taiwan, including the need for an enhanced operating
relationship between United States and Taiwan defense
officials and the establishment of a United States-Taiwan
hotline for dealing with crisis situations;
[[Page S8577]]
(iii) how United States policy can better support Taiwan's
breaking out of the international economic isolation that
China seeks to impose on it and whether this issue should be
higher on the agenda in United States-China relations; and
(iv) economic and trade policy measures that could help
ameliorate Taiwan's marginalization in the Asian regional
economy, including policy measures such as enhanced United
States-Taiwan bilateral trade arrangements that would include
protections for labor rights, the environment, and other
important United States interests.
(G) Actions by the Secretaries of State and Energy to
consult with the International Energy Agency with the
objective of upgrading the current loose experience-sharing
arrangement, whereby China engages in some limited exchanges
with the organization, to a more structured arrangement
whereby China would be obligated to develop a meaningful
strategic oil reserve, and coordinate release of stocks in
supply-disruption crises or speculator-driven price spikes.
(H) Actions by the administration to develop and publish a
coordinated, comprehensive national policy and strategy
designed to meet China's challenge to maintaining United
States scientific and technological leadership and
competitiveness in the same way the administration is
presently required to develop and publish a national security
strategy.
(I) Actions to revise the law governing the Committee on
Foreign Investment in the United States (CFIUS), including
expanding the definition of national security to include the
potential impact on national economic security as a criterion
to be reviewed, and transferring the chairmanship of CFIUS
from the Secretary of the Treasury to a more appropriate
executive branch agency.
(J) Actions by the President and the Secretaries of State
and Defense to press strongly their European Union
counterparts to maintain the EU arms embargo on China.
(K) Actions by the administration to restrict foreign
defense contractors, who sell sensitive military use
technology or weapons systems to China, from participating in
United States defense-related cooperative research,
development, and production programs. Actions by the
administration may be targeted to cover only those technology
areas involved in the transfer of military use technology or
weapons systems to China. The administration should provide a
comprehensive annual report to the appropriate committees of
Congress on the nature and scope of foreign military sales to
China, particularly sales by Russia and Israel.
(L) Any additional actions outlined in the 2004 Report to
Congress of the United States-China Economic and Security
Review Commission that affect the economic or national
security of the United States.
______
SA 1313. 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; which was ordered to lie on the table;
as follows:
At the end of title XII, add the following:
SEC. 1205. ANNUAL REPORT ON THE INTERNATIONAL COMMITTEE ON
THE RED CROSS.
(a) Annual Report Required.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter, the Secretary of State shall, with the
concurrence of the Secretary of Defense and the Attorney
General, submit to Congress the activities and management of
the International Committee of the Red Cross (ICRC) meeting
the requirements set forth in subsection (b).
(b) Elements of Reports.--(1) Each report under subsection
(a) shall include, for the one-year period ending on the date
of such report, the following:
(A) A description of the financial contributions of the
United States, and of any other country, to the International
Committee of the Red Cross.
(B) A detailed description of the allocations of the funds
available to the International Committee of the Red Cross to
international relief activities and international
humanitarian law activities as defined by the International
Committee.
(C) A description of how United States contributions to the
International Committee of the Red Cross are allocated to the
activities described in subparagraph (B) and to other
activities.
(D) The nationality of each Assembly member, Assembly
Council member, and Directorate member of the International
Committee of the Red Cross, and the annual salary of each.
(E) A description of any activities of the International
Committee of the Red Cross to determine the status of United
States prisoners of war (POWs) or missing in action (MIAs)
who remain unaccounted for.
(F) A description of the efforts of the International
Committee of the Red Cross to assist United States prisoners
of war.
(G) A description of any expression of concern by the
Department of State, or any other department or agency of the
Executive Branch, that the International Committee of the Red
Cross, or any organization or employee of the International
Committee, exceeded the mandate of the International
Committee, violated established principles or practices of
the International Committee, interpreted differently from the
United States any international law or treaty to which the
United States is a state-party, or engaged in advocacy work
that exceeded the mandate of the International Committee.
(2) The first report under subsection (a) shall include, in
addition to the matters specified in paragraph (1) the
following:
(A) The matters specified in subparagraphs (A) and (G) of
paragraph (1) for the period beginning on January 1, 1990,
and ending on the date of the enactment of this Act.
(B) The matters specified in subparagraph (E) of paragraph
(1) for the period beginning on January 1, 1947, and ending
on the date of the enactment of this Act.
(C) The matters specified in subparagraph (F) of paragraph
(1) during each of the Korean conflict, the Vietnam era, and
the Persian Gulf War.
(c) Definitions.--In this section, the terms ``Korean
conflict'', ``Vietnam era'', and ``Persian Gulf War'' have
the meaning given such terms in section 101 of title 38,
United States Code.
______
SA 1314. Mr. WARNER (for himself and Mr. Kyl) proposed an amendment
to the bill S. 1042, to authorize appropriations for fiscal year 2006
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 303, strike line 3 and all that follows through
page 304, line 24, and insert the following:
(3) For other procurement $376,700,000.
(b) Availability of Certain Amounts.--
(1) Availability.--Of the amount authorized to be
appropriated by subsection (a)(3), $225,000,000 shall be
available for purposes as follows:
(A) Procurement of up-armored high mobility multipurpose
wheeled vehicles (UAHs).
(B) Procurement of wheeled vehicle add-on armor protection,
including armor for M1151/M1152 high mobility multipurpose
wheeled vehicles.
(C) Procurement of M1151/M1152 high mobility multipurpose
wheeled vehicles.
(2) Allocation of funds.--
(A) In general.--Subject to subparagraph (B), the Secretary
of the Army shall allocate the manner in which amounts
available under paragraph (1) shall be available for the
purposes specified in that paragraph.
(B) Limitation.--Amounts available under paragraph (1) may
not be allocated under subparagraph (A) until the Secretary
certifies to the congressional defense committees that the
Army has a validated requirement for procurement for a
purpose specified in paragraph (1) based on a statement of
urgent needs from a commander of a combatant command.
(C) Reports.--Not later than 15 days after an allocation of
funds is made under subparagraph (A), the Secretary shall
submit to the congressional defense committees a report
describing such allocation of funds.
SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2006 for the procurement accounts of the Navy
in amounts as follows:
(1) For aircraft, $183,800,000.
(2) For weapons, including missiles and torpedoes,
$165,500,000.
(3) For other procurement, $30,800,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2006 for the procurement account
for the Marine Corps in the amount of $429,600,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2006 for the
procurement account for ammunition for the Navy and the
Marine Corps in the amount of $104,500,000.
(d) Availability of Certain Amounts.--
(1) Availability.--Of the amount authorized to be
appropriated by subsection (b), $340,400,000 shall be
available for purposes as follows:
(A) Procurement of up-armored high mobility multipurpose
wheeled vehicles (UAHs).
(B) Procurement of wheeled vehicle add-on armor protection,
including armor for M1151/M1152 high mobility multipurpose
wheeled vehicles.
(C) Procurement of M1151/M1152 high mobility multipurpose
wheeled vehicles.
(2) Allocation of funds.--
(A) In general.--Subject to subparagraph (B), the Secretary
of the Navy shall allocate the manner in which amounts
available under paragraph (1) shall be available for the
purposes specified in that paragraph.
(B) Limitation.--Amounts available under paragraph (1) may
not be allocated under subparagraph (A) until the Secretary
certifies to the congressional defense committees that the
Marine Corps has a validated requirement for procurement for
a purpose specified in paragraph (1) based on a statement of
urgent needs from a commander of a combatant command.
(C) Reports.--Not later than 15 days after an allocation of
funds is made under subparagraph (A), the Secretary shall
submit to
[[Page S8578]]
the congressional defense committees a report describing such
allocation of funds.
______
SA 1315. Mr. WARNER (for himself and Mr. Levin) 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. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD OF
DEGREE OF MASTER OF SCIENCE IN JOINT CAMPAIGN
PLANNING AND STRATEGY.
(a) Joint Forces Staff College Program.--Section 2163 of
title 10, United States Code, is amended to read as follows:
``Sec. 2163. National Defense University: master of science
degrees
``(a) Authority To Award Specified Degrees.--The President
of the National Defense University, upon the recommendation
of the faculty of the respective college or other school
within the University, may confer the master of science
degrees specified in subsection (b).
``(b) Authorized Degrees.--The following degrees may be
awarded under subsection (a):
``(1) Master of science in national security strategy.--The
degree of master of science in national security strategy, to
graduates of the University who fulfill the requirements of
the program of the National War College.
``(2) Master of science in national resource strategy.--The
degree of master of science in national resource strategy, to
graduates of the University who fulfill the requirements of
the program of the Industrial College of the Armed Forces.
``(3) Master of science in joint campaign planning and
strategy.--The degree of master of science in joint campaign
planning and strategy, to graduates of the University who
fulfill the requirements of the program of the Joint Advanced
Warfighting School at the Joint Forces Staff College.
``(c) Regulations.--The authority provided by this section
shall be exercised under regulations prescribed by the
Secretary of Defense.''.
(b) Clerical Amendment.--The item relating to section 2163
in the table of sections at the beginning of chapter 108 of
such title is amended to read as follows:
``2163. National Defense University: master of science degrees.''.
(c) Effective Date.--Paragraph (3) of section 2163(b) of
title 10, United States Code, as amended by subsection (a),
shall take effect for degrees awarded after May 2005.
______
SA 1316. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title II, add the following:
SEC. 213. JOINT SERVICE SMALL ARMS PROGRAM.
(a) Increased Amount for Research, Development, Test, and
Evaluation, Army.--The amount authorized to be appropriated
by section 201(1) for research, development, test, and
evaluation for the Army is hereby increased by $5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by subsection
(a), $5,000,000 shall be available for the Joint Service
Small Arms Program.
(c) Offset.--The amount authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation for Defense-wide activities is hereby reduced by
$5,000,000, with the amount of the reduction to be allocated
to Distribution Process Owner Technology Development and
Implementation.
______
SA 1317. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title II, add the following:
SEC. 213. TOWED ARRAY HANDLER.
(a) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, $5,000,000 shall be
available for Program Element 0604503N for the design,
development, and test of improvements to the towed array
handler in order to increase the reliability of the towed
array and the towed array handler by capitalizing on ongoing
testing and evaluation of such systems.
(b) Offset.--Of the amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy, the amount available for Program
Element 0604558N for new design for the Virginia Class
submarine for the large aperture bow array is hereby reduced
by $5,000,000.
______
SA 1318. Mr. WARNER (for himself and Mr. Levin) 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 E of title VIII, add the following:
SEC. 846. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE
PARTNERSHIPS FOR RESEARCH AND DEVELOPMENT.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to authorize the organizations
referred to in subsection (b) to enter into cooperative
research and development agreements under section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a) in order to assess the benefits of such agreements for
such organizations and for the Department of Defense as a
whole.
(b) Covered Organizations.--The organizations referred to
in this subsection are as follows:
(1) The National Defense University.
(2) The Defense Acquisition University.
(3) The Joint Forces Command.
(4) The United States Transportation Command.
(c) Limitation.--No agreement may be entered into, or
continue in force, under the pilot program under subsection
(a) after September 30, 2009.
(d) Report.--Not later than February 1, 2009, the Secretary
shall submit to the congressional defense committees a report
on the pilot program under subsection (a). The report shall
include--
(1) a description of any agreements entered into under the
pilot program; and
(2) the assessment of the Secretary of the benefits of the
agreements entered into under the pilot program for the
organizations referred to in subsection (b) and for the
Department of Defense as a whole.
______
SA 1319. Mr. WARNER (for himself and Mr. Levin) 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 E of title II, add the following:
SEC. 244. MODIFICATION OF REQUIREMENTS FOR REPORTS ON PROGRAM
TO AWARD PRIZES FOR ADVANCED TECHNOLOGY
ACHIEVEMENTS.
Subsection (e) of section 2374a of title 10, United States
Code, is amended to read as follows:
``(e) Annual Report.--(1) Not later than March 1 each year,
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the activities undertaken by the Defense Advanced
Research Projects Agency in the preceding year under the
authority of this section.
``(2) The report for a year under this subsection shall
include the following:
``(A) The results of consultations between the Director and
officials of the military departments regarding the areas of
research, technology development, or prototype development
for which prizes would be awarded under the program under
this section.
``(B) A description of the proposed goals of the
competitions established under the program, including the
areas of research, technology development, or prototype
development to be promoted by such competitions and the
relationship of such areas to the military missions of the
Department.
``(C) The total amount of cash prizes awarded under the
program, including a description of the manner in which the
amounts of cash prizes awarded and claimed were allocated
among the accounts of the Defense Advanced Research Projects
Agency for recording as obligations and expenditures.
``(D) The methods used for the solicitation and evaluation
of submissions under the program, together with an assessment
of the effectiveness of such methods.
``(E) A description of the resources, including personnel
and funding, used in the execution of the program, together
with a detailed description of the activities for which such
resources were used.
``(F) A description of any plans to transition the
technologies or prototypes developed as a result of the
program into acquisition programs of the Department.
[[Page S8579]]
``(G) For each competition under the program, a statement
of the reasons why the competition was a preferable means of
promoting basic, advanced, or applied research, technology
development, or prototype development projects to other means
of promoting such projects, including contracts, grants,
cooperative agreements, or other transactions.''.
______
SA 1320. 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:
On page 289, line 25, strike ``during such periods'' and
insert ``in the case of the period after completion of the
degree''.
______
SA 1321. 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 B of title VII, add the following:
SEC. 718. QUALIFICATIONS FOR INDIVIDUALS SERVING AS TRICARE
REGIONAL DIRECTORS.
(a) Qualifications.--Effective as of the date of the
enactment of this Act, no individual may serve in the
position of Regional Director under the TRICARE program
unless the individual--
(1) is--
(A) an officer of the Armed Forces in a general or flag
officer grade; or
(B) a civilian employee of the Department of Defense in the
Senior Executive Service; and
(2) has at least 10 years of experience, or equivalent
expertise or training, in the military health care system,
managed care, and health care policy and administration.
(b) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such term in
section 1072(7) of title 10, United States Code.
______
SA 1322. Mr. WARNER (for himself and Mr. Levin) 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 27, line 21, strike ``$18,843,296,000'' and insert
``$19,011,754,000''.
On page 305, between lines 19 and 20, insert the following:
(6) For the Naval Reserve, $2,400,000.
______
SA 1323. Mr. WARNER (for Mr. Graham) 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 77, strike lines 22 through 25 and insert the
following:
Section 3037(a) of title 10, United States Code, is amended
by striking the last sentence and inserting the following new
sentences: ``The Judge Advocate General, while so serving,
has the grade of lieutenant general. An officer appointed as
Assistant Judge Advocate General who holds a lower regular
grade shall be appointed in the regular grade of major
general.''.
______
SA 1324. Mr. WARNER (for Mr. McConnell (for himself, Mr. Allard, Mr.
Salazar, and Mr. Bunning)) 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 B of title II, add the following:
SEC. 213. CHEMICAL DEMILITARIZATION FACILITIES.
(a) Authority To Use Research, Development, Test, and
Evaluation Funds To Construct Facilities.--The Secretary of
Defense may, using amounts authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation, Defense-wide and available for chemical weapons
demilitarization activities under the Assembled Chemical
Weapons Alternatives program, carry out construction
projects, or portions of construction projects, for
facilities necessary to support chemical demilitarization
operations at each of the following:
(1) Pueblo Army Depot, Colorado.
(2) Blue Grass Army Depot, Kentucky.
(b) Scope of Authority.--The authority in subsection (a) to
carry out a construction project for facilities includes
authority to carry out planning and design and the
acquisition of land for the construction or improvement of
such facilities.
(c) Limitation on Amount of Funds.--The amount of funds
that may be utilized under the authority in subsection (a)
may not exceed $51,000,000.
(d) Duration of Authority.--A construction project, or
portion of a construction project, may not be commenced under
the authority in subsection (a) after September 30, 2006.
(e) Notice and Wait.--The Secretary may not carry out a
construction project, or portion of a construction project,
under the authority in subsection (a) until the end of the
21-day period beginning on the date on which the Secretary
notifies the congressional defense committees of the intent
to carry out such project.
______
SA 1325. Mr. LEVIN (for himself 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 title XI, add the following:
SEC. 1106. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Plan Required.--(1) Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall develop and submit to the appropriate committees of
Congress a strategic plan to shape and improve the civilian
employee workforce of the Department of Defense.
(2) The plan shall be known as the ``strategic human
capital plan''.
(b) Contents.--The strategic human capital plan required by
subsection (a) shall include--
(1) a workforce gap analysis, including an assessment of--
(A) the critical skills and competencies that will be
needed in the future civilian employee workforce of the
Department of Defense to support national security
requirements and effectively manage the Department over the
next decade;
(B) the skills and competencies of the existing civilian
employee workforce of the Department and projected trends in
that workforce based on expected losses due to retirement and
other attrition; and
(C) gaps in the existing or projected civilian employee
workforce of the Department that should be addressed to
ensure that the Department has continued access to the
critical skills and competencies described in subparagraph
(A); and
(2) a plan of action for developing and reshaping the
civilian employee workforce of the Department to address the
gaps in critical skills and competencies identified under
paragraph (1)(C), including--
(A) specific recruiting and retention goals, including the
program objectives of the Department to be achieved through
such goals; and
(B) specific strategies for development, training,
deploying, compensating, and motivating the civilian employee
workforce of the Department, including the program objectives
of the Department to be achieved through such strategies.
(c) Inapplicability of Certain Limitations.--The
recruitment and retention of civilian employees to meet the
goals established under subsection (b)(2)(A) shall not be
subject to any limitation or constraint under statute or
regulations on the end strength of the civilian workforce of
the Department of Defense or any part of the workforce of the
Department.
(d) Annual Updates.--Not later than March 1 of each year
from 2007 through 2012, the Secretary shall update the
strategic human capital plan required by subsection (a), as
previously updated under this subsection.
(e) Annual Reports.--Not later than March 1 of each year
from 2007 through 2012, the Secretary shall submit to the
appropriate committees of Congress--
(1) the update of the strategic human capital plan prepared
in such year under subsection (d); and
(2) the assessment of the Secretary, using results-oriented
performance measures, of the progress of the Department of
Defense in implementing the strategic human capital plan.
(f) Comptroller General Review.--(1) Not later than 90 days
after the Secretary submits under subsection (a) the
strategic human capital plan required by that subsection, the
Comptroller General shall submit to the appropriate
committees of Congress a report on the plan.
(2) Not later than 90 days after the Secretary submits
under subsection (e) an update of the strategic human capital
plan under subsection (d), the Comptroller General shall
submit to the appropriate committees of Congress a report on
the update.
[[Page S8580]]
(3) A report on the strategic human capital plan under
paragraph (1), or on an update of the plan under paragraph
(2), shall include the assessment of the Comptroller General
of the extent to which the plan or update, as the case may
be--
(A) complies with the requirements of this section; and
(B) complies with applicable best management practices (as
determined by the Comptroller General).
(g) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services and Homeland Security
and Governmental Affairs of the Senate; and
(2) the Committees on Armed Services and Government Reform
of the House of Representatives.
______
SA 1326. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title II, add the following:
SEC. 213. 20MM-40MM MEDIUM CALIBER METAL PARTS MANUFACTURE.
(a) Additional Amount for Research, Development, Test, and
Evaluation for the Army.--The amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army is hereby increased by
$1,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by subsection
(a), $1,000,000 shall be available for Munitions
Standardization, Effectiveness and Safety (PE#605805A) for
20mm-40mm Medium Caliber Metal Parts Manufacture.
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance, Defense-wide
activities is hereby reduced by $1,000,000, with the amount
of the reduction to be allocated to amounts for Information
Technology Initiatives.
______
SA 1327. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title II, add the following:
SEC. 213. CIVIL RESERVE SPACE SERVICE.
(a) Additional Amount for Research, Development, Test, and
Evaluation, Air Force.--The amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force is hereby increased by
$3,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force, as increased by
subsection (a), $3,000,000 shall be available for the
Satellite Control Network (Space) (PE#305110F) for the Civil
Reserve Space Service.
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $3,000,000, with the amount
of the reduction to be allocated to amounts available for
Information Technology Initiatives.
______
SA 1328. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title II, add the following:
SEC. 213. ADVANCED LIGHTWEIGHT SILICON SWITCH FOR THE
ELECTROMAGNETIC GUN SYSTEM.
(a) Additional Amount for Research, Development, Test, and
Evaluation, Army.--The amount authorized to be appropriated
by section 201(1) for research, development, test, and
evaluation for the army is hereby increased by $2,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by subsection
(a), $2,000,000 shall be available for Weapons and Munitions
Advanced Technology (PE#603004A) for the Advanced Lightweight
Silicon Switch (LSS) for the Electromagnetic Gun System.
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $2,000,000, with the amount
of the reduction to be allocated to amounts available for
Information Technology Initiatives.
______
SA 1329. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle C of title I, add the following:
SEC. 124. RAPID INTRAVENOUS INFUSION PUMP.
(a) Additional Amount for Procurement for the Marine
Corps.--The amount authorized to be appropriated by section
102(b) for procurement for the Marine Corps is hereby
increased by $1,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 102(b) for procurement for the Marine
Corps, as increased by subsection (a), $1,000,000 shall be
available for General Property for Field Medical Equipment
for the Rapid Intravenous (IV) Infusion Pump.
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance, Defense-wide
activities is hereby reduced by $1,000,000, with the amount
of the reduction to be allocated to amounts for Information
Technology Initiatives.
______
SA 1330. Mr. DeWINE submitted an amendment intended to be proposed by
him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 184, between lines 18 and 19, insert the following:
SEC. 718. CENTENNIAL DEMONSTRATION PROJECT.
(a) Authorization.--Not later than December 31, 2005, the
Secretary of the Air Force shall implement a demonstration
project (in this section referred to as the ``Centennial
Demonstration Project'') with a non-profit health care entity
to jointly staff and provide heath care services to military
personnel and civilians at a Department of Defense military
treatment facility.
(b) Participants.--The Centennial Demonstration project
shall be conducted at the Wright-Patterson Air Force Base by
the signatories to the ``Centennial'' Memorandum Agreement
entered into by the Department of the Air Force, Materiel
Command on December 17, 2003.
(c) Reports.--Not later than September 30, 2007, and
September 30, 2010, the parties to the agreement described in
subsection (b) shall jointly submit a report to Congress on
the Centennial Demonstration Project and its impact on the
utilization of the military treatment facility at which
health care services are provided under subsection (a).
(d) Effective Date.--This section shall be effective during
the 5-year period beginning on the date of the enactment of
this Act.
______
SA 1331. Mr. DeWINE submitted an amendment to be proposed by him to
the bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 14, line 14, strike ``$4,339,434,000'' and insert
``$4,689,434,000''.
______
SA 1332. Mr. DeWINE submitted an amendment to be proposed by him to
the bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 160, strike line 1 and all that follows through
page 161, line 9, and insert the following:
(1) Amount.--Section 1478(a) of title 10, United States
Code, is amended by striking ``$12,000'' and inserting
``$100,000''.
(2) Effective date.--The amendments made by this subsection
shall take effect on October 7, 2001, and shall apply with
respect to deaths occurring on or after that date.
[[Page S8581]]
(3) No adjustment for increases in basic pay before date of
enactment.--No adjustment shall be made under subsection (c)
of section 1478 of title 10, United States Code, with respect
to the amount in force under subsection (a) of that section,
as amended by paragraph (1), for any period before the date
of enactment of this Act.
(4) Payment for deaths before date of enactment.--Any
additional amount payable as a death gratuity under this
subsection for the death of a member of the Armed Forces
before the date of enactment of this Act shall be paid to the
eligible survivor of the member previously paid a death
gratuity under section 1478 of title 10, United States Code,
for the death of the member. If payment cannot be made to
such survivor, payment of such amount shall be made to living
survivor of the member otherwise highest on the list under
1477(a) of title 10, United States Code.
______
SA 1333. Mr. LOTT (for himself and Mr. Cochran) submitted an
amendment to be proposed by him to the bill S. 1042, to authorize
appropriations for fiscal year 2006 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 18, beginning on line 20, strike ``and advance
construction'' and insert ``advance construction, detail
design, and construction''.
On page 19, beginning on line 10, strike ``fiscal year
2007'' and insert ``fiscal year 2006''
On page 19, between lines 18 and 19, insert the following:
(e) Funding as Increment of Full Funding.--The amounts
available under subsections (a) and (b) for the LHA
Replacement ship are the first increments of funding for the
full funding of the LHA Replacement (LHA(R)) ship program.
______
SA 1334. Mr. BAYH submitted an amendment to be proposed by him to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle E of title VI, add the following:
SEC. 653. OUTREACH TO MEMBERS OF THE ARMED FORCES AND THEIR
DEPENDENTS ON THE SERVICEMEMBERS CIVIL RELIEF
ACT.
(a) Outreach to Members of the Armed Forces.--
(1) In general.--The Secretary concerned shall provide to
each member of the Armed Forces under the jurisdiction of the
Secretary comprehensive information on the rights and
protections available to servicemembers and their dependents
under the Servicemembers Civil Relief Act (50 U.S.C. App. 501
et seq.).
(2) Time of provision.--Information shall be provided to a
member of the Armed Forces under paragraph (1) at times as
follows:
(A) When the member first becomes a member of the Armed
Forces or first enters on active duty as a member of the
Armed Forces.
(B) In the case of a member of a reserve component of the
Armed Forces, at any subsequent time when the member is
called or ordered to active duty.
(C) At such other times as the Secretary concerned
considers appropriate.
(b) Outreach to Dependents.--
(1) In general.--The Secretary concerned shall provide to
the adult dependents of members of the Armed Forces under the
jurisdiction of the Secretary comprehensive information on
the rights and protections available to servicemembers and
their dependents under the Servicemembers Civil Relief Act.
(2) Time of provision.--Information shall be provided to
dependents of a member of the Armed Forces under paragraph
(1) at times as follows:
(A) As soon as practicable after the date on which the
member first becomes a member of the Armed Forces or first
enters on active duty as a member of the Armed Forces.
(B) In the case of dependents of a member of a reserve
component of the Armed Forces, as soon as practicable after
any subsequent date on which the member is called or ordered
to active duty.
(C) At such other times as the Secretary concerned
considers appropriate.
(c) Comptroller General Study on Reduction of Financial
Burdens Associated With Mobilization.--
(1) Study.--The Comptroller General of the United States
shall conduct a study of rights and obligations under the
Servicemembers Civil Relief Act in order to identify
additional rights and obligations that could be included in
that Act in order to ease the financial burdens of members of
the Armed Forces resulting from a call or order to active
duty.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Secretary of Defense, and to the appropriate
committees of Congress, a report on the study required by
paragraph (1). The report shall include such recommendations
for legislative or administrative action as the Comptroller
General considers appropriate in light of the study.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services, Appropriations, and
Veterans' Affairs of the Senate; and
(B) the Committees on Armed Services, Appropriations, and
Veterans' Affairs of the House of Representatives.
(2) The terms ``dependent'' and ``Secretary concerned''
have the meanings given such terms in section 101 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 511).
______
SA 1335. Mr. BAYH submitted an amendment to be proposed by him to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle G of title X, add the following:
SEC. 1073. LIABILITY FOR NONCOMPLIANCE WITH SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) In General.--The Servicemembers Civil Relief Act (50
U.S.C. App. 501 et seq.) is amended by adding at the end the
following new title:
``TITLE VIII--CIVIL LIABILITY AND ENFORCEMENT
``SEC. 801. CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE.
``(a) In General.--Any person or entity (other than a
servicemember or dependent) who is negligent in failing to
comply with any requirement imposed by this Act with respect
to a servicemember or dependent is liable to such
servicemember or dependent in an amount equal to the sum of--
``(1) any actual damages sustained by such servicemember or
dependent as a result of the failure;
``(2) such amount of punitive damages as the court may
allow; and
``(3) in the case of any successful action to enforce
liability under this section, the cost of the action together
with reasonable attorneys fees as determined by the court.
``(b) Attorney Fees.--On a finding by the court that an
unsuccessful pleading, motion, or other paper filed in
connection with an action under this section was filed in bad
faith or for the purposes of harassment, the court shall
award to the prevailing party attorney fees in amount that is
reasonable in relation to the work expended in responding to
such pleading, motion, or other paper.
``SEC. 802. ADMINISTRATIVE ENFORCEMENT.
``(a) Enforcement by Federal Trade Commission.--(1) Except
as provided in subsection (b), compliance with the
requirements imposed by this Act shall be enforced by the
Federal Trade Commission in accordance with the Federal Trade
Commission Act with respect to entities and persons subject
to the Federal Trade Commission Act.
``(2) For the purpose of the exercise by the Commission
under this subsection of its functions and powers under the
Federal Trade Commission Act, a violation of any requirement
or prohibition imposed by this Act shall constitute an unfair
or deceptive act or practice in commerce in violation of
section 5(a) of the Federal Trade Commission Act, and shall
be subject to enforcement by the Commission with respect to
any entity or person subject to enforcement by the Commission
pursuant to this subsection, irrespective of whether such
person or entity is engaged in commerce or meets any other
jurisdictional tests under the Federal Trade Commission Act.
``(3) The Commission shall have such procedural,
investigative, and enforcement powers, including the power to
issue procedural rules in enforcing compliance with the
requirements imposed by this Act and to require the filing of
reports, the production of documents, and the appearance of
witnesses, as though the applicable terms and conditions of
the Federal Trade Commission Act were part of this Act.
``(4) Any person or entity violating any provision of this
Act shall be subject to the penalties, and entitled to the
privileges and immunities, provided in the Federal Trade
Commission Act as though the applicable terms and provisions
of the Federal Trade Commission Act were part of this Act.
``(5)(A) In the event of a knowing violation, which
constitutes a pattern or practice of violations of this Act,
the Commission may commence a civil action to recover a civil
penalty in a district court of the United States against any
person or entity that has engaged in such violation. In such
action, such person or entity shall be liable for a civil
penalty of not less than $5,000 and not more than $50,000.
``(B) In determining the amount of a civil penalty under
subparagraph (A), the court shall take into account the
degree of culpability, any history of prior such conduct,
[[Page S8582]]
ability to pay, effect on ability to continue to do business,
and such other matters as justice may require.
``(b) Enforcement by Other Regulatory Agencies.--Compliance
with the requirements imposed by this Act with respect to
financial institutions shall be enforced under--
``(1) section 8 of the Federal Deposit Insurance Act, in
the case of--
``(A) national banks, and Federal branches and Federal
agencies of foreign banks, and any subsidiaries of such
(except brokers, dealers, persons providing insurance,
investment companies, and investment advisers) by the Office
of the Comptroller of the Currency;
``(B) member banks of the Federal Reserve System (other
than national banks), branches and agencies of foreign banks
(other than Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial lending
companies owned or controlled by foreign banks, and
organization operating under section 25 or 25A of the Federal
Reserve Act, and bank holding companies and their nonbank
subsidiaries or affiliates (except brokers, dealers, persons
providing insurance, investment companies, and investment
advisers) by the Board of Governors of the Federal Reserve
System; and
``(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, and any
subsidiaries of such entities (except brokers, dealers,
persons providing insurance, investment companies, and
investment advisers) by the Board of Directors of the Federal
Deposit Insurance Corporation;
``(2) section 8 of the Federal Deposit Insurance Act, by
the Director of the Office of Thrift Supervision, in the case
of a savings association the deposits of which are insured by
the Federal Deposit Insurance Corporation and any
subsidiaries of such saving associations (except brokers,
dealers, persons providing insurance, investment companies,
and investment advisers);
``(3) the Federal Credit Union Act, by the Administrator of
the National Credit Union Administration with respect to any
federally insured credit union, and any subsidiaries of such
an entity;
``(4) State insurance law, by the applicable State
insurance authority of the State in which a person is
domiciled, in the case of a person providing insurance; and
``(5) the Federal Trade Commission Act, by the Federal
Trade Commission for any other financial institution or other
person that is not subject to the jurisdiction of any agency
or authority under paragraphs (1) through (4).''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act is amended by adding at the end the
following new items:
``TITLE VIII--CIVIL LIABILITY AND ENFORCEMENT
``Sec. 801. Civil liability for negligent noncompliance.
``Sec. 802. Administrative enforcement.''.
______
SA 1336. Mr. BAYH submitted an amendment to be proposed by him to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle E of title VI, add the following:
SEC. 653. SERVICEMEMBERS RIGHTS UNDER THE HOUSING AND URBAN
DEVELOPMENT ACT OF 1968.
(a) In General.--Section 106(c)(5)(A)(ii) of the Housing
and Urban Development Act of 1968 (12 U.S.C.
1701x(c)(5)(A)(ii)) is amended--
(1) in subclause (II), by striking ``; and'' and inserting
a semicolon;
(2) in subclause (III), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(IV) notify the homeowner or mortgage applicant by a
statement or notice, written in plain English by the
Secretary of Housing and Urban Development, in consultation
with the Secretary of Defense and the Secretary of the
Treasury, explaining the mortgage and foreclosure rights of
servicemembers, and the dependents of such servicemembers,
under the Servicemembers Civil Relief Act (50 U.S.C. App. 501
et seq.), including the toll-free military one source number
to call if servicemembers, or the dependents of such
servicemembers, require further assistance.''.
(b) No Preemption.--Nothing in this section shall preempt
or relieve a mortgagor or creditor of a loan of any
obligation such mortgagor or creditor has under the
Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).
(c) Disclosure Form.--Not later than 150 days after the
date of enactment of this Act, the Secretary of Housing and
Urban Development shall issue a final disclosure form to
fulfill the requirement of section 106(c)(5)(A)(ii)(IV) of
the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x(c)(5)(A)(ii)).
(d) Effective Date.--The amendments made under subsection
(a) shall take effect 150 days after the date of enactment of
this Act.
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Senate amendment submitted
July 20, 2005