To establish a national commission on policies and practices on the treatment of detainees since September 11, 2001.

TEXT OF AMENDMENTS

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

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

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

(a) Program Authorized.--Subject to the availability of
funds under subsection (d), the Secretary of Energy shall
establish a program for the purposes of providing health,
medical, and life insurance benefits to workers at the Rocky
Flats Environmental Technology Site, Colorado (in this
section referred to as the ``Site''), who do not qualify for
such benefits because the physical completion date was
achieved before December 15, 2006.
(b) Eligibility for Benefits.--A worker at the Site is
eligible for health, medical, and life insurance benefits
under the program described in subsection (a) if the
employee--
(1) was employed by the Department of Energy, or by
contract or first or second tier subcontract to perform
cleanup, security, or administrative duties or
responsibilities at the Site on September 29, 2003; and
(2) would have achieved applicable eligibility requirements
for health, medical, and life insurance benefits as defined
in the Site retirement benefit plan documents if the physical
completion date had been achieved on December 15, 2006, as
specified in the Site project completion contract.
(c) Definitions.--In this section:
(1) Health, medical, and life insurance benefits.--The term
``health, medical, and life insurance benefits'' means those
benefits that workers at the Site are eligible for through
collective bargaining agreements, projects, or contracts for
work scope.
(2) Physical completion date.--The term ``physical
completion date'' means the date the Site contractor has
completed all services required by the Site project
completion contract other than close-out tasks and services
related to plan sponsorship and management of post-project
completion retirement benefits.
(3) Plan sponsorship and program management of post-project
completion retirement benefits.--The term ``plan sponsorship
and program management of post-project completion retirement
benefits'' means those duties and responsibilities that are
necessary to execute, and are consistent with, the terms and
legal responsibilities of the instrument under which the
post-project completion retirement benefits are provided to
workers at the Site.
(d) Authorization of Appropriations.--Of the amounts
authorized to be appropriated to the Secretary of Energy in
fiscal year 2006 for the Rocky Flats Environmental Technology
Site, $15,000,000 shall be made available to the Secretary to
carry out the program described in subsection (a).
______

SA 2424. Mr. NELSON of Florida (for himself, Mr. Hagel, Mr. Corzine,
Mr. Nelson of Nebraska, Mr. Smith, Ms.

[[Page S12408]]

Cantwell, Mr. Dayton, Mr. Kerry, Ms. Landrieu, Ms. Mikulski, Mrs.
Murray, Ms. Stabenow, Mrs. Boxer, Mr. Pryor, Mr. Durbin, Mr. Jeffords,
Mr. Johnson, and Mr. Salazar) proposed an amendment to the bill S.
1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescibe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:

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

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

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

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

Section 1452(j) of title 10, United States Code, is amended
by striking ``October 1, 2008'' and inserting ``October 1,
2005''.
______

SA 2425. Mr. McCAIN (for himself, Mr. Warner, Mr. Levin, Mr. Leahy,
Mr. Hagel, Mr. Durbin, and Mr. Kennedy) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescibe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:

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

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

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

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

(a) In General.--No individual in the custody or under the
physical control of the United States Government, regardless
of nationality or physical location, shall be subject to
cruel, inhuman, or degrading treatment or punishment.
(b) Construction.--Nothing in this section shall be
construed to impose any geographical limitation on the
applicability of the prohibition against cruel, inhuman, or
degrading treatment or punishment under this section.
(c) Limitation on Supersedure.--The provisions of this
section shall not be superseded, except by a provision of law
enacted after the date of the enactment of this Act which
specifically repeals, modifies, or supersedes the provisions
of this section.
(d) Cruel, Inhuman, or Degrading Treatment or Punishment
Defined.--In this section, the term ``cruel, inhuman, or
degrading treatment or punishment'' means the cruel, unusual,
and inhumane treatment or punishment prohibited by the Fifth,
Eighth, and Fourteenth Amendments to the Constitution of the
United States, as defined in the United States Reservations,
Declarations and Understandings to the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman
or Degrading Treatment or Punishment done at New York,
December 10, 1984.
______

SA 2426. Mr. DeWINE submitted an amendment intended to be proposed by
him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:

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

SEC. 733. CENTENNIAL DEMONSTRATION PROJECT.

(a) Establishment.--
(1) Requirement.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Defense shall
implement a demonstration project (referred to in this
section as the ``Centennial Demonstration Project'') with a
non-profit health care entity (referred to in this section as
the ``partner'') to permit employees of the Department of
Defense and of the partner to jointly staff and provide heath
care services to military personnel and civilians at a
Department of Defense military treatment facility.
(2) Term of the project.--The Secretary shall carry out the
Centennial Demonstration Project for a 5-year period.
(b) Purposes.--The purposes of the Centennial Demonstration
Project shall be to evaluate whether jointly staffing a
Department of Defense military treatment facility with
employees of the Department of Defense and of the partner--
(1) improves the quality of care provided to military
personnel through the use of supplemental civilian medical
resources that are not otherwise available at the military
treatment facility;
(2) enhances the economical use of the military treatment
facility by permitting excess capacity within the facility to
be used by civilian medical personnel for civilian care; and
(3) provides military medical personnel additional training
opportunities involving the care of civilians at the military
treatment facility.
(c) Limitation on Services to Civilians by Military
Personnel.--The Secretary of Defense may not permit any
civilian to receive medical services provided by military
medical personnel under the Centennial Demonstration Project
unless the Secretary submits to the Armed Services Committee
of the Senate and the Armed Service Committee of the House of
Representatives a report that includes descriptions of--
(1) the services to be provided by the military medical
personnel to civilians under such Project;
(2) any benefits associated with providing such services
that enhance the readiness and proficiency of the military
personnel participating in such Program; and
(3) the mechanisms for recovering the costs associated with
the provision of such services.
(d) Financial Arrangements.--The Secretary of Defense is
authorized to enter into appropriate financial arrangements
with the partner to ensure that the Department of Defense is
compensated for any care provided to civilians under the
Centennial Demonstration Project. The Secretary of Defense
shall determine the terms of such arrangements after
evaluating--
(1) the value of the services to be provided by the partner
under such Project; and
(2) the value of the use of military treatment facility by
the partner during such Project.
(e) Liability.--Nothing in this section may be construed to
modify any law regarding the liability of civilian or
military medical personnel for medical services rendered to
either civilian or military personnel.
(f) Reports.--
(1) Requirement.--The Secretary of Defense and the
appropriate representative of the partner shall jointly
prepare and submit to Congress 2 reports on the Centennial
Demonstration Project and its impact on the military
treatment facility where such Project is implemented.
(2) Schedule.--
(A) First report.--The first report required by paragraph
(1) shall be submitted

[[Page S12409]]

not later than 4 years after the date of the enactment of
this Act.
(B) Second report.--The second report required by paragraph
(1) shall be submitted not later than 5 years after the date
of the enactment of this Act.
______

SA 2427. Mr. REED (for Mr. Levin (for himself, Mr. Reed, Mr. Kerry,
Mr. Feingold, and Mr. Lautenberg)) proposed an amendment to the bill S.
1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:

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

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

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

______

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

At the appropriate place, insert the following:

SEC. __. IMPROVE THE RADIATION DOSE RECONSTRUCTION PROGRAM.

(a) In General.--In implementing the Energy Employees
Occupational Illness Compensation Program Act, the Advisory
Board on Radiation and Worker Health shall, not later than 90
days after the enactment of this Act--
(1) in order to correctly identify quality problems through
the audit process of the Advisory Board, promptly develop a
formal comment resolution process including the tracking of
findings and issues; and
(2) review each site profile and each dose reconstruction
audit report provided by the Advisory Board's audit
contractor within 90 days of the date on which such audit
reports are received.
(b) Corrective Action Plan.--The National Institute on
Occupational Safety and Health shall, in response to
recommendations from the Advisory Board on Radiation and
Worker Health, prepare and submit a corrective action plan
within 90 days of receiving a recommendation from the
Advisory Board on items covered under subsection (a)(2). Such
plans shall contain specific deadlines for implementing such
recommendations to the extent that the Director concurs with
the recommendations of the Advisory Board.
______

SA 2429. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:

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

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

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

SA 2430. Mr. LEVIN (for himself, Mr. Reed, Mr. Kennedy, Mr.
Rockefeller, Mr. Bingaman, Mrs. Boxer, and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 1042, to
authorize appropriations for fiscal year 2006 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:

At the end of division A, add the following:

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

SEC. 1501. FINDINGS.

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

SEC. 1502. ESTABLISHMENT OF COMMISSION.

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

SEC. 1503. COMPOSITION OF THE COMMISSION.

(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the senior member of the
leadership of the Senate of the Democratic Party, in
consultation with the senior member of the leadership of the
House of Representatives of the Democratic Party, who shall
serve as vice chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party;
(4) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the
Federal Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, the Armed Forces, intelligence
gathering or analysis, law, public administration, law
enforcement, and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission shall be appointed not later than 30 days after
the date of the enactment of this Act.
(c) Meetings; Quorum; Vacancies.--
(1) Initial meeting.--The Commission shall meet and begin
the operations as soon as practicable after all members have
been appointed under subsection (b).
(2) Meetings.--After its initial meeting under paragraph
(1), the Commission shall meet upon the call of the chairman
or a majority of its members.

[[Page S12410]]

(3) Quorum.--Six members of the Commission shall constitute
a quorum.
(4) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.

SEC. 1504. PURPOSES.

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

SEC. 1505. FUNCTIONS OF COMMISSION.

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

SEC. 1506. POWERS OF COMMISSION.

(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
(B) subject to paragraph (2)(A), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents,

as the Commission or such designated subcommittee or
designated member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued under this
subsection only--

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

(ii) Signature.--Subject to clause (i), subpoenas issued
under this subsection may be issued under the signature of
the chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under subparagraph (A), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(c) Information and Materials From Federal Agencies.--
(1) In general.--
(A) Cooperation of agencies.--The Commission shall receive
the full and timely cooperation of any department, agency,
element, bureau, board, commission, independent
establishment, or other instrumentality of the United States
Government, and of any officer or employee thereof, whose
assistance is necessary for the fulfillment of the duties of
the Commission under this title.
(B) Furnishing of materials.--The Commission is authorized
to secure directly from any department, agency, element,
bureau, board, commission, independent establishment, or
other instrumentality of the United States Government
information, materials (including classified materials),
suggestions, estimates, and statistics for the purposes of
this title. Each such department, agency, element, bureau,
board, commission, independent establishment, or other
instrumentality shall, to the maximum extent authorized by
law, furnish all such information, materials, suggestions,
estimates, and statistics directly to the Commission,
promptly upon a request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission, but in
no case later than 14 days after such a request.
(2) Receipt, handling, storage, and dissemination.--
Information and materials shall be received, handled, stored,
and disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders. The Commission shall maintain all
classified information and materials provided to the
Commission under this title in a secure location in the
offices of the Commission or as designated by the Commission.
(3) Access to information and materials.--No department,
agency, element, bureau, board, commission, independent
establishment, or other instrumentality of the United States
may withhold information or materials, including classified
materials, from the Commission on the grounds that providing
the information or materials would constitute the
unauthorized disclosure of classified information, pre-
decisional materials, or information relating to intelligence
sources or methods.
(d) Assistance From Particular Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments,
agencies, and other elements of the United States Government
may provide to the Commission such services, funds,
facilities, staff, and other support services as they may
determine advisable and as may be authorized by law.
(e) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States Government.

[[Page S12411]]

SEC. 1507. COMPENSATION AND TRAVEL EXPENSES.

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

SEC. 1508. STAFF OF COMMISSION.

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

SEC. 1509. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.

The departments, agencies, and elements of the United
States Government shall cooperate with the Commission in
expeditiously providing to the Commission members and staff
appropriate security clearances to the extent possible
pursuant to existing procedures and requirements. No person
shall be provided with access to classified information under
this title without the appropriate security clearances.

SEC. 1510. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.

(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 1511.
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.

SEC. 1511. REPORTS OF COMMISSION; TERMINATION.

(a) Interim Reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions and recommendations as have been agreed
to by a majority of Commission members.
(b) Final Report.--Not later than 12 months after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress a final report containing such
findings, conclusions, and recommendations as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which
the final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports, disseminating the final report.

SEC. 1512. FUNDING.

(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission to carry out this
section $2,500,000.
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
______

SA 2431. Mr. MARTINEZ submitted an amendment intended to be proposed
by him to the bill S. 1042, to authorize appropriations for fiscal year
2006 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:

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

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

Notwithstanding any other provision of law, regulations of
the Department of Defense prohibiting members of the Armed
Forces from receiving a gift from an approved charitable
organization in an amount in excess of $20 shall not apply to
a member of the Armed Forces who is recuperating in a
military medical treatment facility.
______

SA 2432. Mr. INHOFE (for himself, Mr. Stevens, Mr. Roberts, Mr.
Sessions, Mr. Ensign, Mr. Graham, Mr. Thune, and Mr. Kyl) proposed an
amendment to the bill S. 1042, to authorize appropriations for fiscal
year 2006 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes; as follows:

At the end of title XII, add the following:

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

(a) Authority.--The President may authorize building the
capacity of partner nations' military or security forces to
disrupt or destroy terrorist networks, close safe havens, or
participate in or support United States, coalition, or
international military or stability operations.
(b) Types of Partnership Security Capacity Building.--The
partnership security capacity building authorized under
subsection (a) may include the provision of equipment,
supplies, services, training, and funding.
(c) Availability of Funds.--The Secretary of Defense may,
at the request of the Secretary of State, support partnership
security capacity building as authorized under subsection (a)
including by transferring funds available to the Department
of Defense to the Department of State, or to any other
Federal agency. Any funds so transferred shall remain
available until expended. The amount of such partnership
security capacity building provided by the Department of
Defense under this section may not exceed $750,000,000 in any
fiscal year.
(d) Congressional Notification.--Before building
partnership security capacity under this section, the
Secretaries of State and Defense shall submit to their
congressional oversight committees a notification of the
nations designated by the President with which partnership
security capacity will be built under this section and the
nature and amounts of security capacity building to occur.
Any such notification shall be submitted not less than 7 days
before the provision of such partnership security capacity
building.
(e) Complementary Authority.--The authority to build
partnership security capacity under this section is in
addition to any other authority of the Department of Defense
to provide assistance to a foreign country.
(f) Military and Security Forces Defined.--In this section,
the term ``military and security forces'' includes armies,
guard, border security, civil defense, infrastructure
protection, and police forces.

SEC. __. SECURITY AND STABILIZATION ASSISTANCE.

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

[[Page S12412]]

(d) Complementary Authority.--The authority to provide
assistance under this section shall be in addition to any
other authority to provide assistance to a foreign country.
(e) Expiration.--The authority in this section shall expire
on September 30, 2006.

____________________