S.Amdt. 2566Senate109th Congress (2005-2007)
To facilitate the commemoration of the success of the United States Armed Forces in Operation Enduring Freedom and Operation Iraqi Freedom.
Sponsored by 
Sen. Mitch McConnell (R-KY)
Sen. Mitch McConnell (R-KY)Submitted November 15, 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 2525. Mr. WARNER (for Mr. Smith) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
On page 213, between lines 2 and 3, insert the following:
SEC. 807. TEMPORARY INAPPLICABILITY OF BERRY AMENDMENT TO
PROCUREMENTS OF SPECIALTY METALS USED TO
PRODUCE FORCE PROTECTION EQUIPMENT.
(a) In General.--Section 2533a(a) of title 10, United
States Code, shall not apply to the procurement, during the
2-year period beginning on the date of the enactment of this
Act, of specialty metals if such specialty metals are used to
produce force protection equipment needed to prevent combat
fatalities in Iraq or Afghanistan.
(b) Treatment of Procurements Within Period.--For the
purposes of subsection (a), a procurement shall be treated as
being made during the 2-year period described in that
subsection to the extent that funds are obligated by the
Department of Defense for that procurement during that
period.
______
SA 2526. Mr. WARNER (for Mrs. Hutchison (for herself and Mr. Nelson
of Florida)) proposed an amendment to the bill S. 1042, to authorize
appropriations for fiscal year 2006 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
At the appropriate place, insert the following:
SEC. . SENSE OF THE SENATE REGARDING MANNED SPACE FLIGHT.
(a) Findings.--The Congress finds that--
(1) human spaceflight preeminence allows the United States
to project leadership around the world and forms an important
component of United States national security;
(2) continued development of human spaceflight in low-Earth
orbit, on the Moon, and beyond adds to the overall national
strategic posture;
(3) human spaceflight enables continued stewardship of the
region between the earth and the Moon--an area that is
critical and of growing national and international security
relevance;
(4) human spaceflight provides unprecedented opportunities
for the United States to lead peaceful and productive
international relationships with the world community in
support of United States security and geo-political
objectives;
(5) a growing number of nations are pursuing human
spaceflight and space-related capabilities, including China
and India;
[[Page S12855]]
(6) past investments in human spaceflight capabilities
represent a national resource that can be built upon and
leveraged for a broad range of purposes, including national
and economic security; and
(7) the industrial base and capabilities represented by the
Space Transportation System provide a critical dissimilar
launch capability for the nation.
(b) Sense of the Senate.--It is the sense of the Senate
that it is in the national security interest of the United
States to maintain preeminence in human spaceflight.
______
SA 2527. Mr. WARNER (for Mr. Ensign) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 286, between lines 7 and 8, insert the following:
SEC. 1073. ANNUAL REPORT ON COSTS TO CARRY OUT UNITED NATIONS
RESOLUTIONS.
(a) Requirement for Annual Report.--The Secretary of
Defense and the Secretary of State shall submit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on International
Relations of the House of Representatives an annual report
that sets forth all direct and indirect costs (including
incremental costs) incurred by the Department of Defense
during the preceding year in implementing or supporting any
resolution adopted by the United Nations Security Council,
including any such resolution calling for international
sanctions, international peacekeeping operations,
international peace enforcement operations, monitoring
missions, observer missions, or humanitarian missions
undertaken by the Department of Defense. Each such report
shall include an aggregate of all such Department of Defense
costs by operation or mission, the percentage of the United
States contribution by operation or mission, and the total
cost of each operation or mission.
(b) Costs for Assisting Foreign Troops.--The Secretary of
Defense and the Secretary of State shall detail in each
annual report required by this section all direct and
indirect costs (including incremental costs) incurred in
training, equipping, and otherwise assisting, preparing,
resourcing, and transporting foreign troops for implementing
or supporting any resolution adopted by the United Nations
Security Council, including any such resolution calling for
international sanctions, international peacekeeping
operations, international peace enforcement operations,
monitoring missions, observer missions, or humanitarian
missions.
(c) Credit and Compensation.--The Secretary of Defense and
the Secretary of State shall detail in each annual report
required by this section all efforts made to seek credit
against past United Nations expenditures and all efforts made
to seek compensation from the United Nations for costs
incurred by the Department of Defense in implementing and
supporting United Nations activities.
(d) Form of Report.--Each annual report required by this
section shall be submitted in unclassified form, but may
include a classified annex.
______
SA 2528. Mr. WARNER (for Ms. Snowe) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense 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 237, after line 17, insert the following:
SEC. 846. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM
CONSIDERATION FOR PURPOSE OF SMALL BUSINESS
SIZE STANDARDS.
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)),
is amended by adding at the end the following:
``(4) Exclusion of certain security expenses from
consideration for purpose of small business size standards.--
``(A) Determination required.--Not later than 30 days after
the date of enactment of this paragraph, the Administrator
shall review the application of size standards established
pursuant to paragraph (2) to small business concerns that are
performing contracts in qualified areas and determine whether
it would be fair and appropriate to exclude from
consideration in the average annual gross receipts of such
small business concerns any payments made to such small
business concerns by Federal agencies to reimburse such small
business concerns for the cost of subcontracts entered for
the sole purpose of providing security services in a
qualified area.
``(B) Action required.--Not later than 60 days after the
date of enactment of this paragraph, the Administrator shall
either--
``(i) initiate an adjustment to the size standards, as
described in subparagraph (A), if the Administrator
determines that such an adjustment would be fair and
appropriate; or
``(ii) provide a report to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives explaining in detail
the basis for the determination by the Administrator that
such an adjustment would not be fair and appropriate.
``(C) Qualified areas.--In this paragraph, the term
`qualified area' means--
``(i) Iraq,
``(ii) Afghanistan, and
``(iii) any foreign country which included a combat zone,
as that term is defined in section 112(c)(2) of the Internal
Revenue Code of 1986, at the time of performance of the
relevant Federal contract or subcontract.''.
______
SA 2529. Mr. WARNER (for Ms. Snowe) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense 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 237, after line 17, insert the following:
SEC. 846. SMALL BUSINESS CONTRACTING IN OVERSEAS
PROCUREMENTS.
Section 15(g) of the Small Business Act (15 U.S.C. 644(g))
is amended by adding at the end the following:
``(3) Small business contracting in overseas
procurements.--
``(A) Statement of congressional policy.--It is the policy
of the Congress that Federal agencies shall endeavor to meet
the contracting goals established under this subsection,
regardless of the geographic area in which the contracts will
be performed.
``(B) Authorization to use contracting mechanisms.--Federal
agencies are authorized to use any of the contracting
mechanisms authorized in this Act for the purpose of
complying with the Congressional policy set forth in
subparagraph (A).
``(C) Report to congressional committees.--Not later than 1
year after the date of enactment of this paragraph, the
Administrator and the Chief Counsel for Advocacy shall submit
to the Committee on Small Business and Entrepreneurship of
the Senate and Committee on Small Business of the House of
Representatives a report on the activities undertaken by
Federal agencies, offices, and departments to carry out this
paragraph.''.
______
SA 2530. Mr. WARNER (for Ms. Snowe) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense 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 237, after line 17, insert the following:
SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.
Section 15(g) of the Small Business Act (15 U.S.C. 644(g))
is amended by adding at the end the following:
``(3) Fair access to multiple-award contracts.--
``(A) Statement of congressional policy.--It is the policy
of the Congress that Federal agencies shall endeavor to meet
the contracting goals established under this subsection with
regard to orders under multiple-award contracts, including
Federal Supply Schedule contracts and multi-agency contracts.
``(B) Authorization for limited competition.--The head of a
contracting agency may include in any contract entered under
section 2304a(d)(1)(B) or 2304b(e) of title 10, United States
Code, a clause setting aside a specific share of awards under
such contract pursuant to a competition that is limited to
small business concerns, if the head of the contracting
agency determines that such limitation is necessary to comply
with the congressional policy stated in subparagraph (A).
``(C) Report requirement.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Administrator shall
submit a report on the level of participation of small
business concerns in multiple-award contracts, including
Federal Supply Schedule contracts, to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives.
``(ii) Contents.--The report required by clause (i) shall
include, for the most recent 2-year period for which data are
available--
``(I) the total number of multiple-award contracts;
``(II) the total number of small business concerns that
received multiple-award contracts;
``(III) the total number of orders under multiple-award
contracts;
``(IV) the total value of orders under multiple-award
contracts;
``(V) the number of orders received by small business
concerns under multiple-award contracts;
``(VI) the value of orders received by small business
concerns under multiple-award contracts;
``(VII) the number of small business concerns that received
orders under multiple-award contracts; and
[[Page S12856]]
``(VIII) such other information as may be relevant.''.
______
SA 2531. Mr. WARNER (for Ms. Snowe (for herself and Mr. Kerry))
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 218, strike line 1 and all that follows through
page 220, line 5, and insert the following:
SEC. 814. RESEARCH AND DEVELOPMENT EFFORTS FOR PURPOSES OF
SMALL BUSINESS RESEARCH.
(a) In General.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended by adding at the end the following:
``(x) Research and Development Focus.--
``(1) Revision and update of criteria and procedures of
identification.--In carrying out subsection (g), the
Secretary of Defense shall, not less often than once every 4
years, revise and update the criteria and procedures utilized
to identify areas of the research and development efforts of
the Department of Defense which are suitable for the
provision of funds under the Small Business Innovation
Research Program and the Small Business Technology Transfer
Program.
``(2) Utilization of plans.--The criteria and procedures
described in paragraph (1) shall be developed through the use
of the most current versions of the following plans:
``(A) The joint warfighting science and technology plan
required under section 270 of the National Defense
Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note).
``(B) The Defense Technology Area Plan of the Department of
Defense.
``(C) The Basic Research Plan of the Department of Defense.
``(3) Input in identification of areas of effort.--The
criteria and procedures described in paragraph (1) shall
include input in the identification of areas of research and
development efforts described in that paragraph from
Department of Defense program managers (PMs) and program
executive officers (PEOs).
``(y) Commercialization Pilot Program.--
``(1) In general.--The Secretary of Defense and the
Secretary of each military department is authorized to create
and administer a `Commercialization Pilot Program' to
accelerate the transition of technologies, products, and
services developed under the Small Business Innovation
Research Program to Phase III, including the acquisition
process.
``(2) Identification of research programs for accelerated
transition to acquisition process.--In carrying out the
Commercialization Pilot Program, the Secretary of Defense and
the Secretary of each military department shall identify
research programs of the Small Business Innovation Research
Program that have the potential for rapid transitioning to
Phase III and into the acquisition process.
``(3) Limitation.--No research program may be identified
under paragraph (2), unless the Secretary of the military
department concerned certifies in writing that the successful
transition of the program to Phase III and into the
acquisition process is expected to meet high priority
military requirements of such military department.
``(4) Funding.--For payment of expenses incurred to
administer the Commercialization Pilot Program under this
subsection, the Secretary of Defense and each Secretary of a
military department is authorized to use not more than an
amount equal to 1 percent of the funds available to the
Department of Defense or the military department pursuant to
the Small Business Innovation Research Program. Such funds--
``(A) shall not be subject to the limitations on the use of
funds in subsection (f)(2); and
``(B) shall not be used to make Phase III awards.
``(5) Evaluative report.--At the end of each fiscal year,
the Secretary of Defense and each Secretary of a military
department shall submit to the Committee on Armed Services
and the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Armed Services and the
Committee on Small Business of the House of Representatives
an evaluative report regarding activities under the
Commercialization Pilot Program. The report shall include--
``(A) an accounting of the funds used in the
Commercialization Pilot Program;
``(B) a detailed description of the Commercialization Pilot
Program, including incentives and activities undertaken by
acquisition program managers, program executive officers, and
by prime contractors; and
``(C) a detailed compilation of results achieved by the
Commercialization Pilot Program, including the number of
small business concerns assisted and a number of inventions
commercialized.
``(6) Sunset.--The pilot program under this subsection
shall terminate at the end of fiscal year 2009.''.
(b) Implementation of Executive Order 13329.--Section 9 of
the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (b)--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) to provide for and fully implement the tenets of
Executive Order 13329 (Encouraging Innovation in
Manufacturing).'';
(2) in subsection (g)--
(A) in paragraph (9), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(11) provide for and fully implement the tenets of
Executive Order 13329 (Encouraging Innovation in
Manufacturing).''; and
(3) in subsection (o)--
(A) in paragraph (14), by striking ``and'' at the end;
(B) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(16) provide for and fully implement the tenets of
Executive Order 13329 (Encouraging Innovation in
Manufacturing).''.
(c) Testing and Evaluation Authority.--Section 9(e) of the
Small Business Act (15 U.S.C. 638(e)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the term `commercial applications' shall not be
construed to exclude testing and evaluation of products,
services, or technologies for use in technical or weapons
systems, and further, awards for testing and evaluation of
products, services, or technologies for use in technical or
weapons systems may be made in either the second or the third
phase of the Small Business Innovation Research Program and
of the Small Business Technology Transfer Program, as defined
in this subsection.''.
______
SA 2532. Mr. WARNER (for Mr. Kerry) 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 237, after line 17, insert the following:
SEC. 846. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED
BY DROUGHT.
(a) Drought Disaster Authority.--
(1) Definition of disaster.--Section 3(k) of the Small
Business Act (15 U.S.C. 632(k)) is amended--
(A) by inserting ``(1)'' after ``(k)''; and
(B) by adding at the end the following:
``(2) For purposes of section 7(b)(2), the term `disaster'
includes--
``(A) drought; and
``(B) below average water levels in the Great Lakes, or on
any body of water in the United States that supports commerce
by small business concerns.''.
(2) Drought disaster relief authority.--Section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
(A) by inserting ``(including drought), with respect to
both farm-related and nonfarm-related small business
concerns,'' before ``if the Administration''; and
(B) in subparagraph (B), by striking ``the Consolidated
Farmers Home Administration Act of 1961 (7 U.S.C. 1961)'' and
inserting the following: ``section 321 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961), in which
case, assistance under this paragraph may be provided to
farm-related and nonfarm-related small business concerns,
subject to the other applicable requirements of this
paragraph''.
(b) Limitation on Loans.--From funds otherwise appropriated
for loans under section 7(b) of the Small Business Act (15
U.S.C. 636(b)), not more than $9,000,000 may be used during
each of fiscal years 2005 through 2008, to provide drought
disaster loans to nonfarm-related small business concerns in
accordance with this section and the amendments made by this
section.
(c) Prompt Response to Disaster Requests.--Section
7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D))
is amended by striking ``Upon receipt of such certification,
the Administration may'' and inserting ``Not later than 30
days after the date of receipt of such certification by a
Governor of a State, the Administration shall respond in
writing to that Governor on its determination and the reasons
therefore, and may''.
(d) Rulemaking.--Not later than 45 days after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall promulgate final rules to carry
out this section and the amendments made by this section.
______
SA 2533. Mr. WARNER (for 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 appropriate place in title VIII, insert the
following:
[[Page S12857]]
SEC. __. ENSURING TRANSPARENCY IN FEDERAL CONTRACTING.
(a) Publication of Information on Federal Contractor
Penalties and Violations.--(1).--The Secretary of Defense
shall maintain a publicly-available website that provides
information on instances in which major contractors have been
fined, paid penalties or restitution, settled, plead guilty
to, or had judgments entered against them in connection with
allegations of improper conduct. The website shall be updated
not less than once a year.
(2) For the purposes of this subsection, a major contractor
is a contractor that receives at least $100,000,000 in
Federal contracts in the most recent fiscal year for which
data are available.
(b) Report on Federal Sole Source Contracts Related to Iraq
Reconstruction.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall submit to Congress a report
on all sole source contracts in excess of $2,000,000 entered
into by executive agencies in connection with Iraq
reconstruction from January 1, 2003, through the date of the
enactment of this Act.
(2) Content.--The report submitted under paragraph (1)
shall include the following information with respect to each
such contract:
(A) The date the contract was awarded.
(B) The contract number.
(C) The name of the contractor.
(D) The amount awarded.
(E) A brief description of the work to be performed under
the contract.
(3) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given such term in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
______
SA 2534. Mr. WARNER (for Mr. Kennedy (for himself and Mr. Chambliss))
proposed an amendment to the bill S. 1042, to authorize appropriations
for fiscal year 2006 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
On page 213, between lines 2 and 3, insert the following:
SEC. 807. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
(a) Limitation.--Section 2461(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5)(A) Notwithstanding subsection (d), a function of the
Department of Defense performed by 10 or more civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition process that--
``(i) formally compares the cost of civilian employee
performance of that function with the costs of performance by
a contractor;
``(ii) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A-76, as implemented on May 29, 2003; and
``(iii) requires continued performance of the function by
civilian employees unless the competitive sourcing official
concerned determines that, over all performance periods
stated in the solicitation of offers for performance of the
activity or function, the cost of performance of the activity
or function by a contractor would be less costly to the
Department of Defense by an amount that equals or exceeds the
lesser of $10,000,000 or 10 percent of the most efficient
organization's personnel-related costs for performance of
that activity or function by Federal employees.
``(B) Any function that is performed by civilian employees
of the Department of Defense and is proposed to be
reengineered, reorganized, modernized, upgraded, expanded, or
changed in order to become more efficient shall not be
considered a new requirement for the purpose of the
competition requirements in subparagraph (A) or the
requirements for public-private competition in Office of
Management and Budget Circular A-76.
``(C) A function performed by more than 10 Federal
Government employees may not be separated into separate
functions for the purposes of avoiding the competition
requirement in subparagraph (A) or the requirements for
public-private competition in Office of Management and Budget
Circular A-76.
``(D) The Secretary of Defense may waive the requirement
for a public-private competition under subparagraph (A) in
specific instances if--
``(i) the written waiver is prepared by the Secretary of
Defense or the relevant Assistant Secretary of Defense,
Secretary of a military department, or head of a Defense
Agency;
``(ii) the written waiver is accompanied by a detailed
determination that national security interests preclude
compliance with the requirement for a public-private
competition; and
``(iii) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is granted, although use of the waiver need not be
delayed until its publication.''.
(b) Inapplicability to Best-Value Source Selection Pilot
Program.--Paragraph (5) of section 2461(b) of title 10,
United States Code, as added by subsection (a), shall not
apply with respect to the pilot program for best-value source
selection for performance of information technology services
authorized by section 336 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1444; 10 U.S.C. 2461 note).
(c) Repeal of Superseded Law.--Section 327 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 2461 note) is repealed.
SEC. 808. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT
EMPLOYEES.
(a) Guidelines.--
(1) In general.--The Secretary of Defense shall prescribe
guidelines and procedures for ensuring that consideration is
given to using Federal Government employees on a regular
basis for work that is performed under Department of Defense
contracts and could be performed by Federal Government
employees.
(2) Criteria.--The guidelines and procedures prescribed
under paragraph (1) shall provide for special consideration
to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) were not awarded on a competitive basis; or
(D) have been determined by a contracting officer to be
poorly performed due to excessive costs or inferior quality.
(b) New Requirements.--
(1) Limitation on requiring public-private competition.--No
public-private competition may be required under Office of
Management and Budget Circular A-76 or any other provision of
law or regulation before the performance of a new requirement
by Federal Government employees commences, the performance by
Federal Government employees of work pursuant to subsection
(a) commences, or the scope of an existing activity performed
by Federal Government employees is expanded. Office of
Management and Budget Circular A-76 shall be revised to
ensure that the heads of all Federal agencies give fair
consideration to the performance of new requirements by
Federal Government employees.
(2) consideration of federal government employees.--The
Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are
fairly considered for the performance of new requirements,
with special consideration given to new requirements that
include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October
1, 1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary shall
include the use of the flexible hiring authority available
through the National Security Personnel System in order to
facilitate performance by Federal Government employees of new
requirements and work that is performed under Department of
Defense contracts.
(d) Inspector General Report.--Not later than 180 days
after the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the compliance of the Secretary of Defense with the
requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270;
112 Stat. 2384; 31 U.S.C. 501 note).
______
SA 2535. Mr. WARNER (for Mr. Inhofe) 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 appropriate place, insert the following:
SEC. __. 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
[[Page S12858]]
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 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
(G) 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.--It is the sense of Congress that the President
should take immediate steps to establish a coherent and
comprehensive plan to address the emergence of China
economically, diplomatically, and militarily, to promote
mutually beneficial trade relations with China, and to
encourage China's adherence to international norms in the
areas of trade, international security, and human rights.
(2) Contents.--The plan should contain the following:
(A) Actions to address China's policy of undervaluing its
currency, including--
(i) encouraging China to continue to upwardly revalue 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 trade
practices, including exchange rate manipulation, denial of
trading and distribution rights, insufficient 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 in East Asia. 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 work with China to
prevent 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 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.
(F) Actions by the administration to develop a coordinated,
comprehensive national policy and strategy designed to
maintain United States scientific and technological
leadership and competitiveness, in light of the rise of China
and the challenges of globalization.
(G) Actions to review laws and regulations governing the
Committee on Foreign Investment in the United States (CFIUS),
including exploring whether the definition of national
security should include the potential impact on national
economic security as a criterion to be reviewed, and whether
the chairmanship of CFIUS should be transferred from the
Secretary of the Treasury to a more appropriate executive
branch agency.
(H) 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.
(I) Actions by the administration to discourage foreign
defense contractors from selling sensitive 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.
______
SA 2536. Mr. WARNER (for 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. __. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND
UNMANNED GROUND VEHICLE SYSTEMS.
(a) Report Required.--Not later than nine months after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall
submit to the congressional defense committees a report on
the development and utilization of robotics and unmanned
ground vehicle systems by the Department of Defense.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the utilization of robotics and
unmanned ground vehicle systems in current military
operations.
(2) A description of the manner in which the development of
robotics and unmanned ground vehicle systems capabilities
supports current major acquisition programs of the Department
of Defense.
(3) A detailed description, including budget estimates, of
all Department programs and activities on robotics and
unmanned ground vehicle systems for fiscal years 2004 through
2012, including programs and activities relating to research,
development, test and evaluation, procurement, and operation
and maintenance.
(4) A description of the long-term research and development
strategy of the Department on technology for the development
and integration of new robotics and unmanned ground vehicle
systems capabilities in support of Department missions.
(5) A description of any planned demonstration or
experimentation activities of the Department that will
support the development and deployment of robotics and
unmanned ground vehicle systems by the Department.
(6) A statement of the Department organizations currently
participating in the development of new robotics or unmanned
ground vehicle systems capabilities, including the specific
missions of each such organization in such efforts.
(7) A description of the activities of the Department to
collaborate with industry, academia, and other Government and
nongovernment organizations in the development of new
capabilities in robotics and unmanned ground vehicle systems.
(8) An assessment of the short-term and long-term ability
of the industrial base of the United States to support the
production of robotics and unmanned ground vehicle systems to
meet Department requirements.
(9) An assessment of the progress being made to achieve the
goal established by section 220(a)(2) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-38)
that, by 2015, one-third of operational ground combat
vehicles be unmanned.
(10) An assessment of international research, technology,
and military capabilities in robotics and unmanned ground
vehicle systems.
______
SA 2537. Mr. WARNER proposed an amendment to the bill S. 1042, to
authorize appropriations for fiscal year 2006 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. __. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON
SHARE-IN-SAVINGS CONTRACTS.
(a) Inclusion of Information Technology Improvements in
Share-In-Savings.--Paragraph (1) of subsection (a) of section
2332 of title 10, United States Code, is amended by adding at
the end the following new sentence: ``Each such contract
shall provide that the contractor shall incur the cost of
implementing information technology improvements, including
costs incurred in acquiring, installing, maintaining, and
upgrading information technology equipment and training
personnel in the use of such equipment, in exchange for a
share of any savings directly resulting from the
implementation of such improvements during the term of the
contract.''.
(b) Contract Performance Evaluation.--Such subsection is
further amended--
(1) in paragraph (3), by striking ``, to the maximum extent
practicable,'';
(2) by striking paragraph (4);
(3) by redesignating paragraph (5) as paragraph (7); and
(4) inserting after paragraph (3) the following new
paragraphs:
``(4) The head of an agency that enters into contracts
pursuant to the authority of this section shall establish a
panel of employees of such agency, independent of any program
office or contracting office responsible for awarding and
administering such contracts, for the purpose of verifying
performance baselines and methodologies for calculating
savings resulting from the implementation of information
technology improvements under such contracts. Employees
assigned to any such panel shall have experience and
expertise appropriate for the duties of such panel.
[[Page S12859]]
``(5) Each contract awarded pursuant to the authority of
this section shall include a provision containing a
quantifiable baseline of current and projected costs, a
methodology for calculating actual costs during the period of
performance, and a savings share ratio governing the amount
of payments the contractor is to receive under such contract
that are certified by a panel established pursuant to
paragraph (4) to be financially sound and based on the best
available information.
``(6) Each contract awarded pursuant to the authority of
this section shall--
``(A) provide that aggregate payments to the contractor may
not exceed the amount the agency would have paid, in
accordance with the baseline of current and projected costs
incorporated in such contract, during the period covered by
such contract; and
``(B) require an independent annual audit of actual costs
in accordance with the methodology established under
paragraph (5)(B), which shall serve as a basis for annual
payments based on savings share ratio established in such
contract.''.
(c) Extension of Pilot Program.--Such section is further
amended--
(1) in subsection (b)(3)(B), by striking ``fiscal years
2003, 2004, and 2005'' and inserting ``fiscal years 2003
through 2007''; and
(2) in subsection (d), by striking ``September 30, 2005''
and inserting ``September 30, 2007''.
(d) Reports to Congress.--
(1) Secretary of defense reports.--Not later than March 31,
2006, and each year thereafter until the year after the
termination of the pilot program under section 2332 of title
10, United States Code (as amended by subsection (a)), the
Secretary of Defense shall submit to Congress a report
containing a list of each contract entered into by each
Federal agency under such section during the preceding year
that contains terms providing for the contractor to implement
information technology improvements in exchange for a share
of the savings derived from the implementation of such
improvements. The report shall set forth, for each contract
listed--
(A) the information technology performance acquired by
reason of the improvements concerned;
(B) the total amount of payments made to the contractor
during the year covered by the report; and
(C) the total amount of savings or other measurable
benefits realized by the Federal agency during such year as a
result of such improvements.
(2) Comptroller general reports.--Not later than two months
after the Secretary submits a report required by paragraph
(1), the Comptroller General of the United States shall
submit to Congress a report on the costs and benefits to the
United States of the implementation of the technology
improvements under the contracts covered by such report,
together with such recommendations as the Comptroller General
considers appropriate.
______
SA 2538. 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 C of title III, add the following:
SEC. __. SUPERVISION AND MANAGEMENT OF DEFENSE BUSINESS
TRANSFORMATION AGENCY.
Section 192 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Special Rule for Defense Business Transformation
Agency.--(1) The Defense Business Transformation Agency shall
be supervised by the vice chairman of the Defense Business
System Management Committee.
``(2) Notwithstanding the results of any periodic review
under subsection (c) with regard to the Defense Business
Transformation Agency, the Secretary of Defense shall
designate that the Agency be managed cooperatively by the
Deputy Under Secretary of Defense for Business Transformation
and the Deputy Under Secretary of Defense for Financial
Management.''.
______
SA 2539. Mr. WARNER (for Mr. Chambliss) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of Subtitle D of title I, add the following:
SEC. 138. C-37B AIRCRAFT.
(a) Additional Amount for Aircraft Procurement, Air
Force.--The amount authorized to be appropriated by section
103(1) for aircraft procurement for the Air Force is hereby
increased by $45,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 103(1) for aircraft for the Air
Force, as increased by subsection (a), up to $45,000,000 may
be used for the procurement of one C-37B aircraft.
(c) Offset.--The amount authorized to be appropriated by
section 301(1) for operation and maintenance for the Army is
hereby reduced by $25,000,000 and the amount authorized to be
appropriated by section 301(5) for O&M, defensewide is hereby
reduced by $20,000,000.
______
SA 2540. Mr. WARNER (for Mr. Isakson) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle F of title V, insert the following:
SEC. __. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING
PROGRAM SCHOLARSHIPS.
Section 2107a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(j) Financial assistance provided under this section to a
cadet appointed at a military junior college is designated
as, and shall be known as, an `Ike Skelton Early
Commissioning Program Scholarship'.''.
______
SA 2541. Mr. WARNER proposed an amendment to the bill S. 1042, to
authorize appropriations for fiscal year 2006 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
At the end of subtitle H of title V, add the following:
SEC. __. MODIFICATION OF ELIGIBILITY FOR POSITION OF
PRESIDENT OF THE NAVAL POSTGRADUATE SCHOOL.
Subsection (a) of section 7042 of title 10, United States
Code, is amended to read as follows:
``(a)(1) The President of the Naval Postgraduate School
shall be one of the following:
``(A) An officer of the Navy not below the grade of rear
admiral (lower half) who is detailed to such position.
``(B) A civilian individual having qualifications
appropriate to the position of President of the Naval
Postgraduate School who is appointed to such position.
``(2) The President of the Naval Postgraduate School shall
be detailed or assigned to such position under paragraph (1)
by the Secretary of the Navy, upon the recommendation of the
Chief of Naval Operations.
``(3) An individual assigned as President of the Naval
Postgraduate School under paragraph (1)(B) shall serve in
such position for a term of not more than five years.''.
______
SA 2542. Mr. WARNER (for Mr. DeWine) 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 167, between lines 6 and 7, insert the following:
(c) Additional Death Gratuity.--In the case of an active
duty member of the armed forces who died between October 7,
2001, and May 11, 2005, and was not eligible for an
additional death gratuity under section 1478(e)(3)(A) of
title 10, United States Code (as added by section 1013(b) of
Public Law 109-13), the eligible survivors of such decedent
shall receive, in addition to the death gratuity available to
such survivors under section 1478(a) of such title, an
additional death gratuity of $150,000 under the same
conditions as provided under section 1478(e)(4) of such
title.
______
SA 2543. Mr. WARNER (for Mr. Allen (for himself, Mr. DeWine, and 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 G of title X, insert:
SEC. __. SENSE OF SENATE ON AERONAUTICS RESEARCH AND
DEVELOPMENT.
(a) Findings.--Congress makes the following findings:
(1) The advances made possible by Government-funded
research in emerging aeronautics technologies have enabled
longstanding military air superiority for the United States
in recent decades.
[[Page S12860]]
(2) Military aircraft incorporate advanced technologies
developed at research centers of the National Aeronautics and
Space Administration.
(3) The vehicle systems program of the National Aeronautics
and Space Administration has provided major technology
advances that have been used in every major civil and
military aircraft developed over the last 50 years.
(4) It is important for the cooperative research efforts of
the National Aeronautics and Space Administration and the
Department of Defense that funding of research on military
aviation technologies be robust.
(5) Recent National Aeronautics and Space Administration
and independent studies have demonstrated the
competitiveness, scientific merit, and necessity of existing
aeronautics programs.
(6) The economic and military security of the United States
is enhanced by the continued development of improved
aeronautics technologies.
(7) A national effort is needed to ensure that the National
Aeronautics and Space Administration can help meet future
aviation needs.
(b) Sense of Senate.--It is the sense of the Senate that it
is in the national security interest of the United States to
maintain a strong aeronautics research and development
program within the Department of Defense and the National
Aeronautics and Space Administration.
______
SA 2544. 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 E of title VIII, add the following:
SEC. ___. MODIFICATION OF LIMITED ACQUISITION AUTHORITY FOR
THE COMMANDER OF THE UNITED STATES JOINT FORCES
COMMAND.
(a) Scope of Authority.--Subsection (a) of section 167a of
title 10, United States Code, is amended by striking and
``and acquire'' and inserting ``, acquire, and sustain''.
(b) Inapplicability to Certain Systems Funded With
Operation and Maintenance Funds.--Subsection (d) of such
section is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the total expenditure for operation and maintenance
is estimated to be $2,000,000 or more.''.
(c) Extension of Authority.--Subsection (f) of such section
is amended--
(1) by striking ``through 2006'' and inserting ``through
2009''; and
(2) by striking ``September 30, 2006'' and inserting
``September 30, 2009''.
______
SA 2545. Mr. WARNER (for himself, Mr. Levin, and Mr. Bingaman)
proposed an amendment to the bill S. 1042, to authorize appropriations
for fiscal year 2006 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle A of title X, add the following:
SEC. __. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE.
(a) First Emergency Supplemental To Meet Needs Arising From
Hurricane Katrina.--Amounts authorized to be appropriated to
the Department of Defense for fiscal year 2005 in the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375) are hereby adjusted, with respect
to any such authorized amount, by the amount by which
appropriations pursuant to such authorized amount are
increased by a supplemental appropriation, or by a transfer
of funds, pursuant to the Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the
Consequences of Hurricane Katrina, 2005 (Public Law 109-61).
(b) Second Emergency Supplemental To Meet Needs Arising
From Hurricane Katrina.--Amounts authorized to be
appropriated to the Department of Defense for fiscal year
2005 in the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 are hereby adjusted, with respect to
any such authorized amount, by the amount by which
appropriations pursuant to such authorized amount are
increased by a supplemental appropriation, or by a transfer
of funds, pursuant to the Second Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the
Consequences of Hurricane Katrina, 2005 (Public Law 109-62).
(c) Supplemental Appropriations for Avian Flu
Preparedness.--Amounts authorized to be appropriated to the
Department of Defense for fiscal year 2006 in this Act are
hereby adjusted, with respect to any such authorized amount,
by the amount by which appropriations pursuant to such
authorized amount are increased by a supplemental
appropriation, or by a transfer of funds, arising from the
proposal of the Administration relating to avian flu
preparedness that was submitted to Congress on November 1,
2006.
(d) Amounts Reallocated for Hurricane-Related Disaster
Relief.--Amounts authorized to be appropriated to the
Department of Defense for fiscal year 2006 in this Act are
hereby adjusted, with respect to any such authorized amount,
by the amount by which appropriations pursuant to such
authorized amount are increased by a reallocation of funds
from the Disaster Relief Fund (DRF) of the Federal Emergency
Management Agency arising from the proposal of the Director
of the Office of Management and Budget on the reallocation of
amounts for hurricane-related disaster relief that was
submitted to the President on October 28, 2005, and
transmitted to the Speaker of the House of Representatives on
that date.
(e) Amounts for Humanitarian Assistance for Earthquake
Victims in Pakistan.--There is authorized to be appropriated
as emergency supplemental appropriations for the Department
of Defense for fiscal year 2006, $40,000,000 for the use of
the Department of Defense for overseas, humanitarian,
disaster, and civic aid for the purpose of providing
humanitarian assistance to the victims of the earthquake that
devastated northern Pakistan on October 8, 2005.
(f) Reports on Use of Certain Funds.--
(1) Report on use of emergency supplemental funds.--Not
later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the obligation
and expenditure, as of that date, of any funds appropriated
to the Department of Defense for fiscal year 2005 pursuant to
the Acts referred to in subsections (a) and (b) as authorized
by such subsections. The report shall set forth--
(A) the amounts so obligated and expended; and
(B) the purposes for which such amounts were so obligated
and expended.
(2) Report on expenditure of reimbursable funds.--The
Secretary shall include in the report required by paragraph
(1) a statement of any expenditure by the Department of
Defense of funds that were reimbursable by the Federal
Emergency Management Agency, or any other department or
agency of the Federal Government, from funds appropriated in
an Act referred to in subsection (a) or (b) to such
department or agency.
(3) Report on use of certain other funds.--Not later than
May 15, 2006, and quarterly thereafter through November 15,
2006, the Secretary shall submit to the congressional defense
committees a report on the obligation and expenditure, during
the previous fiscal year quarter, of any funds appropriated
to the Department of Defense as specified in subsection (c)
and any funds reallocated to the Department as specified in
subsection (d). Each report shall, for the fiscal year
quarter covered by such report, set forth--
(A) the amounts so obligated and expended; and
(B) the purposes for which such amounts were so obligated
and expended.
(g) Report on Assistance for Earthquake Victims in
Pakistan.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report describing
Department of Defense efforts to provide relief to victims of
the earthquake that devastated northern Pakistan on October
8, 2005, and assessing the need for further reconstruction
and relief assistance.
______
SA 2546. Mr. WARNER (for Mr. Dayton (for himself, Mrs. Murray, and
Ms. Collins)) proposed an amendment to the bill S. 1042, to authorize
appropriations for fiscal year 2006 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
At the end of subtitle C of title V, add the following:
SEC. __. SENSE OF SENATE ON CERTAIN MATTERS RELATING TO THE
NATIONAL GUARD AND RESERVES.
It is the sense of the Senate--
(1) to recognize the important and integral role played by
members of the Active Guard and Reserve and military
technicians (dual status) in the efforts of the Armed Forces;
and
(2) to urge the Secretary of Defense to promptly resolve
issues relating to appropriate authority for payment of
reenlistment bonsuses stemming from reenlistment contracts
entered into between January 14, 2005, and April 17, 2005,
involving members of the Army National Guard and military
technicians (dual status).
______
SA 2547. Mr. WARNER (for Mr. Byrd) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities
[[Page S12861]]
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 XXXIII of division C, add the
following:
SEC. 3302. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may
dispose of up to 75,000 tons of ferromanganese from the
National Defense Stockpile during fiscal year 2006.
(b) Contingent Authority for Additional Disposal.--If the
Secretary of Defense completes the disposal of the total
quantity of ferromanganese authorized for disposal by
subsection (a) before September 30, 2006, the Secretary of
Defense may dispose of up to an additional 25,000 tons of
ferromanganese from the National Defense Stockpile before
that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of subsection (b) only if
the Secretary submits written certification to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, not later than 30
days before the commencement of disposal, that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional ferromanganese will not
cause undue disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is
consistent with the requirements and purpose of the National
Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense
may delegate the responsibility of the Secretary under
subsection (c) to an appropriate official within the
Department of Defense.
(e) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
______
SA 2548. Mr. WARNER (for Mr. Reid) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
At the end of subtitle C of title III, add the following:
SEC. __. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT
INITIATIVE MATTERS.
(a) Inclusion of Additional Facilities Within Initiative.--
Section 4551(2) of title 10, United States Code, is amended
by inserting ``, or a Government-owned, contractor-operated
depot for the storage, maintenance, renovation, or
demilitarization of ammunition,'' after ``manufacturing
facility''.
(b) Additional Consideration for Use of Facilities.--
Section 4554(b)(2) of such title is amended by adding at the
end the following new subparagraph:
``(D) The demilitarization and storage of conventional
ammunition.''.
______
SA 2549. 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 D of title XXVIII of division B, add
the following:
SEC. 2887. REQUIRED CONSULTATION WITH STATE AND LOCAL
ENTITIES ON TRANSPORTATION, HOUSING, AND OTHER
INFRASTRUCTURE ISSUES RELATED TO THE ADDITION
OF PERSONNEL OR FACILITIES AT MILITARY
INSTALLATIONS AS PART OF 2005 ROUND OF DEFENSE
BASE CLOSURE AND REALIGNMENT.
Section 2905(a) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended by adding at the end the
following new paragraph:
``(3) In carrying out any closure or realignment under this
part that would add personnel or facilities to an existing
military installation, the Secretary shall consult with
appropriate State and local entities on matters affecting the
local community related to transportation, utility
infrastructure, housing, schools, and family support
activities during the development of plans to implement such
closure or realignment.''.
______
SA 2550. Mr. WARNER (for Mr. Lott (for himself and Mr. Cornyn))
proposed an amendment to the bill S. 1042, to authorize appropriations
for fiscal year 2006 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle D of title XXVIII of division B, add
the following:
SEC. 2887. SENSE OF THE SENATE ON REVERSIONARY INTERESTS AT
NAVY HOMEPORTS.
It is the sense of the Senate that, in implementing the
decisions made with respect to Navy homeports as part of the
2005 round of defense base closure and realignment, the
Secretary of the Navy should, consistent with the national
interest and Federal policy supporting cost-free conveyances
of Federal surplus property suitable for use as port
facilities, release or otherwise relinquish any entitlement
to receive, pursuant to any agreement providing for such
payment, compensation from any holder of a reversionary
interest in real property used by the United States for
improvements made to any military installation that is closed
or realigned as part of such base closure round.
______
SA 2551. Mr. WARNER (for 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 G of title X, add the following:
SEC. 1073. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE
LABELLE DISCOTHEQUE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of Libya should be commended for the
steps the Government has taken to renounce terrorism and to
eliminate Libya's weapons of mass destruction and related
programs; and
(2) an important priority for improving relations between
the United States and Libya should be a good faith effort on
the part of the Government of Libya to resolve the claims of
members of the Armed Forces of the United States and other
United States citizens who were injured in the bombing of the
LaBelle Discotheque in Berlin, Germany that occurred in April
1986, and of family members of members of the Armed Forces of
the United States who were killed in that bombing.
(b) Reports.--
(1) Initial report.--Not later than 90 days after the date
of enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
status of negotiations between the Government of Libya and
United States claimants in connection with the bombing of the
LaBelle Discotheque in Berlin, Germany that occurred in April
1986, regarding resolution of their claims. The report shall
also include information on efforts by the Government of the
United States to urge the Government of Libya to make a good
faith effort to resolve such claims.
(2) Update.--Not later than one year after enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees an update of the report
required by paragraph (1).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on Armed
Services and the Committee on International Relations of the
House of Representatives.
______
SA 2552. Mr. WARNER (for Mr. Kennedy (for himself and Mrs.
Feinstein)) 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. PROHIBITION ON USE OF FUNDS FOR ROBUST NUCLEAR
EARTH PENETRATOR.
None of the funds authorized to be appropriated to the
Department of Energy under this Act may be made available for
the Robust Nuclear Earth Penetrator.
______
SA 2553. Mr. WARNER (for Ms. Snowe (for herself and Ms. Collins))
proposed an amendment to the bill S. 1042, to authorize appropriations
for fiscal year 2006 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle D of title XXVIII of division B, add
the following:
[[Page S12862]]
SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT
MILITARY INSTALLATIONS CLOSED OR REALIGNED
UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND
REALIGNMENT.
(a) Identification of Environmental Condition of
Property.--
(1) In general.--Not later than May 31, 2007, the Secretary
of Defense, in consultation with the Administrator of the
Environmental Protection Agency, other appropriate Federal
agencies, and State, tribal, and local government officials,
shall complete an identification of the environmental
condition of the real property (including groundwater) of
each military installation approved for closure or
realignment under the 2005 round of defense base closure and
realignment in accordance with section 120(h)(4) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(4)).
(2) Results.--
(A) In general.--As soon as practicable after the date on
which an identification under paragraph (1) is completed, the
Secretary of Defense shall--
(i) provide a notice of the results of the identification
to--
(I) the Administrator of the Environmental Protection
Agency;
(II) the head of any other appropriate Federal agency, as
determined by the Secretary; and
(III) any affected State or tribal government official, as
determined by the Secretary; and
(ii) publish in the Federal Register the results of the
identification.
(B) Request for concurrence.--The Secretary shall include
in a notice provided under subclause (I) or (III) of
subparagraph (A)(i) a request for concurrence with the
identification in such form as the Secretary determines to be
appropriate.
(3) Concurrence.--
(A) In general.--An identification under paragraph (1)
shall not be considered to be complete until--
(i) for a property that is a site, or part of a site, on
the National Priorities List developed by the President in
accordance with section 105(a)(8)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605(a)(8)(B)), the date on which the
Administrator of the Environmental Protection Agency and each
appropriate State and tribal government official concur with
the identification; and
(ii) for any property that is not a site described in
clause (i), the date on which each appropriate State and
tribal government official concurs with the identification.
(B) Failure to act.--The Administrator, or a State or
tribal government official, shall be considered to concur
with an identification under paragraph (1) if the
Administrator or government official fails to make a
determination with respect to a request for concurrence with
such identification under paragraph (2)(B) by not later than
90 days after the date on which such request for concurrence
is received.
(b) Expediting Environmental Response.--The Secretary of
Defense shall coordinate with appropriate Federal, State,
tribal, and local governmental officials, as determined by
the Secretary, to expedite environmental response at military
installations approved for closure or realignment under the
2005 round of defense base closure and realignment.
(c) Report.--The Secretary shall submit to Congress, as
part of each annual report under section 2706 of title 10,
United States Code, a report describing any progress made in
carrying out this section.
(d) Effect of Section.--Nothing in this section affects any
obligation of the Secretary with respect to any other Federal
or State requirement relating to--
(1) the environment; or
(2) the transfer of property.
______
SA 2554. Mr. WARNER (for Ms. Snowe) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2887. SENSE OF CONGRESS ON LIMITATION ON TRANSFER OF
UNITS FROM CLOSED AND REALIGNED MILITARY
INSTALLATIONS PENDING READINESS OF RECEIVING
LOCATIONS.
(a) Findings.--
(1) The Commission on Review of Overseas Military Facility
Structure of the United States, also known as the Overseas
Basing Commission, transmitted a report to the President and
Congress on August 15, 2005, that discussed considerations
for the return to the United States of up to 70,000 service
personnel and 100,000 family members and civilian employees
from overseas garrisons.
(2) The 2005 Base Closure and Realignment Commission
released a report on September 8, 2005, to the President that
assessed the closure and realignment decisions of the
Department of Defense, which would affect 26,830 military
personnel positions.
(3) Both of these reports expressed concerns that massive
movements of units, service personnel, and families may
disrupt unit operational effectiveness and the quality of
life for family members if not carried out with adequate
planning and resources.
(4) The 2005 Base Closure and Realignment Commission, in
its decision to close Fort Monmouth, included a provision
requiring the Secretary of Defense to provide a report that
``movement of organizations, functions, or activities from
Fort Monmouth to Aberdeen Proving Ground will be accomplished
without disruption of their support to the Global War on
Terrorism or other critical contingency operations, and that
safeguards exist to ensure that necessary redundant
capabilities are put in place to mitigate potential
degradation of such support, and to ensure maximum retention
of critical workforce''.
(5) The Overseas Basing Commission found that ``base
closings at home along with the return of yet additional
masses of service members and dependents from overseas will
have major impact on local communities and the quality of
life that can be expected. Movements abroad from established
bases into new locations, or into locations already in use
that will be put under pressure by increases in populations,
will impact on living conditions.''
(6) The Overseas Basing Commission notes that the four most
critical elements of quality of life as they relate to
restructuring of the global defense posture are housing,
military child education, healthcare, and service member and
family services.
(7) The Overseas Basing Commission recommended that
``planners must take a `last day-first day' approach to the
movement of units and families from one location to
another'', meaning that they must maintain the support
infrastructure for personnel until the last day they are in
place and must have the support infrastructure in place on
the first day troops arrive in the new location.
(8) The Overseas Basing Commission further recommended that
it is ``imperative that the `last day-first day' approach
should be taken whether the movement is abroad from one
locale to another, from overseas to the United States, or
from one base in CONUS [the continental United States] to yet
another as a result of base realignment and closures''.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should not transfer any unit from a
military installation closed or realigned due to the
relocation of forces under the Integrated Global Presence and
Basing Strategy or the 2005 round of defense base closure and
realignment until adequate facilities and infrastructure
necessary to support the unit's mission and quality of life
requirements for military families are ready for use at the
receiving location.
______
SA 2555. Mr. WARNER (for Mr. Hagel) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
In Title VI, subtitle E, at the end, insert the following:
SEC. __. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN
INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF
THE RESERVE AND NATIONAL GUARD.
Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C.
1383(j)(1)(B)) is amended by inserting ``(24 consecutive
months, in the case of such an individual whose ineligibility
for benefits under or pursuant to both such sections is a
result of being called to active duty pursuant to section
12301(d) or 12302 of title 10, United States Code, or section
502(f) of title 32, United States Code)'' after ``for a
period of 12 consecutive months''.
______
SA 2556. Mr. WARNER (for Mr. Nelson of Florida) proposed an amendment
to the bill S. 1042, to authorize appropriations for fiscal year 2006
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 378, between lines 10 and 11, insert the following:
SEC. 3114. SENSE OF THE SENATE REGARDING INTERIM REPORTS ON
RESIDUAL BERYLLIUM CONTAMINATION AT DEPARTMENT
OF ENERGY VENDOR FACILITIES.
(a) Findings.--The Senate makes the following findings:
(1) Section 3169 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
42 U.S.C. 7384 note) requires the National Institute for
Occupational Safety and Health to submit, not later than
December 31, 2006, an update to the October 2003 report of
the Institute on residual beryllium contamination at
Department of Energy vendor facilities.
(2) The American Beryllium Company, Tallevast, Florida,
machined beryllium for the Department of Energy's Oak Ridge
Y-12, Tennessee, and Rocky Flats, Colorado, facilities from
1967 until 1992.
[[Page S12863]]
(3) The National Institute for Occupational Safety and
Health has completed its evaluation of residual beryllium
contamination at the American Beryllium Company.
(4) Workers at the American Beryllium Company and other
affected companies should be made aware fo the site-specific
results of the study as soon as such results are available.
(b) Sense of the Senate.--It is the sense of the Senate to
urge the Director of the National Institute for Occupational
Safety and Health--
(1) to provide to Congress interim reports of residual
beryllium contamination at facilities not later than 14 days
after completing the internal review of such reports; and
(2) to publish in the Federal Register summaries of the
findings of such reports, including the dates of any
significant residual beryllium contamination, at such time as
the reports are provided to Congress under paragraph (1).
______
SA 2557. 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:
At the end of subtitle B of title VII, add the following:
SEC. __. COMPTROLLER GENERAL REPORT ON EXPANDED PARTNERSHIP
BETWEEN THE DEPARTMENT OF DEFENSE AND THE
DEPARTMENT OF VETERANS AFFAIRS ON THE PROVISION
OF HEALTH CARE SERVICES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the appropriate committees
of Congress a report on the feasibility of an expanded
partnership between the Department of Defense and the
Department of Veterans Affairs for the provision of health
care services.
(b) Report Elements.--The report required by subsection (a)
shall include the following:
(1) An overview of the current health care systems of the
Department of Defense and the Department of Veterans Affairs,
including--
(A) the total number of eligible beneficiaries in each
system as of September 30, 2005;
(B) the total number of current consumers of health care
services in each system as of that date;
(C) the total cost of each system in the most recent fiscal
year for which complete cost data for both systems exists;
(D) the annual workload or production of health care by
beneficiary category in each system in the most recent fiscal
year for which complete data on workload or production of
health care for both systems exists;
(E) the total cost of health care by beneficiary category
in each system in the most recent fiscal year for which
complete cost data for both systems exists;
(F) the total staffing of medical and administrative
personnel in each system as of September 30, 2005;
(G) the number and location of facilities, including both
hospitals and clinics, operated by each system as of that
date; and
(H) the size, capacity, and production of graduate medical
education programs in each system as of that date.
(2) A comparative analysis of the characteristics of each
health care system, including a determination and comparative
analysis of--
(A) the mission of such systems;
(B) the demographic characteristics of the populations
served by such systems;
(C) the categories of eligibility for health care services
in such systems;
(D) the nature of benefits available by beneficiary
category in such systems;
(E) access to and quality of health care services in such
systems;
(F) the out-of-pocket expenses for health care by
beneficiary category in such systems;
(G) the structure and methods of financing the care for all
categories of beneficiaries in such systems;
(H) the management and acquisition of medical equipment and
supplies in such systems, including pharmaceuticals and
prosthetic and other medical assistive devices;
(I) the mix of health care services available in such
systems;
(J) the current inpatient and outpatient capacity of such
systems; and
(K) the human resource systems for medical personnel in
such systems, including the rates of compensation for
civilian employees.
(3) A summary of current sharing efforts between the health
care systems of the Department of Defense and the Department
of Veterans Affairs.
(4) An assessment of the advantages and disadvantages for
military retirees and their dependents participating in the
health care system of the Department of Veterans Affairs of
an expanded partnership between the health care systems of
the Department of Defense and the Department of Veterans
Affairs, with a separate assessment to be made for--
(A) military retirees and dependents under the age of 65;
and
(B) military retirees and dependents over the age of 65.
(5) Projections for the future growth of health care costs
for retirees and veterans in the health care systems of the
Department of Defense and the Department of Veterans Affairs,
including recommendations on mechanisms to ensure more
effective and higher quality services in the future for
military retirees and veterans now served by both systems.
(6) Options for means of achieving a more effective
partnership between the health care systems of the Department
of Defense and the Department of Veterans Affairs, including
options for the expansion of, and enhancement of access of
military retirees and their dependents to, the health care
system of the Department of Veterans Affairs.
(c) Solicitation of View.--In preparing the report required
by subsection (a), the Comptroller General shall seek the
views of representatives of military family organizations,
military retiree organizations, and organizations
representing veterans and their families.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services and Veterans Affairs'
of the Senate; and
(2) the Committees on Armed Services and Veterans Affairs'
of the House of Representatives.
______
SA 2558. Mr. WARNER (for 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 prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle C of title III, add the following:
SEC. __. GRANTS FOR LOCAL WORKFORCE INVESTMENT BOARDS FOR
SERVICES FOR CERTAIN SPOUSES OF MEMBERS OF THE
ARMED FORCES.
(a) Grants Authorized.--The Secretary of Defense may, from
any funds authorized to be appropriated to the Department of
Defense, and in consultation with the Department of Labor,
make grants to local workforce investments boards established
under section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832), or consortia of such boards, in order to permit
such boards or consortia of boards to provide services to
spouses of members of the Armed Forces described in
subsection (b).
(b) Covered Spouses.--Spouses of members of the Armed
Forces described in this subsection are spouses of members of
the Armed Forces on active duty, which spouses--
(1) have experienced a loss of employment as a direct
result of relocation of such members to accommodate a
permanent change in duty station; or
(2) are in a family whose income is significantly reduced
due to--
(A) the deployment of such members;
(B) the call or order of such members to active duty in
support of a contingency operation pursuant to a provision of
law referred to in section 101(a)(13)(B) of title 10, United
States Code;
(C) a permanent change in duty station of such members; or
(D) the incurral by such members of a service-connected
disability (as that term is defined in section 101(16) of
title 38, United States Code).
(c) Regulations.--Any grants made under this section shall
be made pursuant to regulations prescribed by the Secretary
in consultation with the Department of Labor. Such regulation
shall set forth--
(1) criteria for eligibility of workforce investment boards
for grants under this section;
(2) requirements for applications for such grants; and
(3) the nature of services to be provided using such
grants.
______
SA 2559. 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 C of title III, add the following:
SEC. __. REST AND RECUPERATION LEAVE PROGRAMS.
(a) Availability of Funds For Reimbursement of Expenses.--
Of the amount authorized to be appropriated by section 301(5)
for operation and maintenance for Defense-wide activities,
$7,000,000 may be available for the reimbursement of expenses
of the Armed Forces Recreation Centers related to the
utilization of the facilities of the Armed Forces Recreation
Centers under official Rest and Recuperation Leave Programs
authorized by the military departments or combatant
commanders.
[[Page S12864]]
(b) Utilization of Reimbursements.--Amounts received by the
Armed Forces Recreation Centers under subsection (a) as
reimbursement for expenses may be utilized by such Centers
for facility maintenance and repair, utility expenses,
correction of health and safety deficiencies, and routine
ground maintenance.
(c) Regulations.--The utilization of facilities of the
Armed Forces Recreation Centers under Rest and Recuperation
Leave Programs, and reimbursement for expenses related to
such utilization of such facilities, shall be subject to
regulations prescribed by the Secretary of Defense.
______
SA 2560. Mr. WARNER (for Mr. Feingold) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle B of title V, add the following:
SEC. __. REPORT ON INFORMATION ON STOP LOSS AUTHORITIES GIVEN
TO ENLISTEES IN THE ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense began retaining selected
members of the Armed Forces beyond their contractual date of
separation from the Armed Forces, a policy commonly known as
``stop loss'', shortly after the events of September 11,
2001, and for the first time since Operation Desert Shield/
Desert Storm.
(2) The Marine Corps, Navy, and Air Force discontinued
their use of stop loss authority in 2003. According to the
Department of Defense, a total of 8,992 marines, 2,600
sailors, and 8,500 airmen were kept beyond their separation
dates under that authority.
(3) The Army is the only Armed Force currently using stop
loss authority. The Army reports that, during September 2005,
it was retaining 6,929 regular component soldiers, 3,002
soldiers in the National Guard, and 2,847 soldiers in the
Army Reserve beyond their separation date. The Army reports
that it has not kept an account of the cumulative number of
soldiers who have been kept beyond their separation date.
(4) The Department of Defense Form 4/1, Enlistment/
Reenlistment Document does not give notice to enlistees and
reenlistees in the regular components of the Armed Forces
that they may be kept beyond their contractual separation
date during times of partial mobilization.
(5) The Department of Defense has an obligation to clearly
communicate to all potential enlistees and reenlistees in the
Armed Forces their terms of service in the Armed Forces.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the actions being taken to ensure that each individual being
recruited for service in the Armed Forces is provided, before
making a formal enlistment in the Armed Forces, precise and
detailed information on the period or periods of service to
which such individual may be obligated by reason of
enlistment in the Armed Forces, including any revisions to
Department of Defense Form 4/1.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a description of how the Department informs enlistees
in the Armed Forces on--
(i) the so-called ``stop loss'' authority and the manner in
which exercise of such authority could affect the duration of
an individual's service on active duty in the Armed Forces;
(ii) the authority for the call or order to active duty of
members of the Individual Ready Reserve and the manner in
which such a call or order to active duty could affect an
individual following the completion of the individual's
expected period of service on active duty or in the
Individual Ready Reserve; and
(iii) any other authorities applicable to the call or order
to active duty of the Reserves, or of the retention of
members of the Armed Forces on active duty, that could affect
the period of service of an individual on active duty or in
the Armed Forces; and
(B) such other information as the Secretary considers
appropriate.
______
SA 2561. Mr. WARNER (for Mr. Byrd) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
At the end of subtitle G of title X of division A, add the
following:
SEC. 1073. COAL-TO-LIQUID FUEL DEVELOPMENT PLAN.
(a) Definition of Designated Committees.--In this section,
the term ``designated committees'' means--
(1) the Committees on Armed Services, Energy and Natural
Resources, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Energy and Commerce,
and Appropriations of the House of Representatives.
(b) Development Plan and Report.--Not later than 90 days
after the date of enactment of this Act, using amounts
available to the Department of Defense and the National
Energy Technology Laboratory of the Department of Energy--
(1) the Secretary of Energy, in coordination with the
Secretary of Defense, shall prepare and submit to the
designated committees a development plan for a coal-to-liquid
fuels program; and
(2) the Secretary of Defense, in coordination with the
Secretary of Energy, shall prepare and submit to the
designated committees a report on the potential use of the
fuels by the Department of Defense.
(c) Requirements.--The development plan described in
subsection (b)(1) shall be prepared taking into
consideration--
(1) technology needs and developmental barriers;
(2) economic and national security effects;
(3) environmental standards and carbon capture and storage
opportunities;
(4) financial incentives;
(5) timelines and milestones;
(6) diverse regions having coal reserves that would be
suitable for liquefaction plants;
(7) coal-liquid fuel testing to meet civilian and military
engine standards and markets; and
(8) any roles other Federal agencies, State governments,
and international entities could play in developing a coal-
to-liquid fuel industry.
______
SA 2562. Mr. WARNER (for Mr. Craig (for himself, Mr. Roberts, Mr.
Brownback, Ms. Mikulski, Mr. Warner, 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 prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes; as follows:
At the appropriate place, insert the following:
SEC. __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR
INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.
(a) Prohibition Against Interment in National Cemetery.--
Section 2411 of title 38, United States Code, is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) A person whose conviction of a Federal capital crime
is final.''; and
(B) by amending paragraph (2) to read as follows:
``(2) A person whose conviction of a State capital crime is
final.''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the death penalty or
life imprisonment'' and inserting ``a life sentence or the
death penalty''; and
(B) in paragraph (2), by striking ``the death penalty or
life imprisonment without parole may be imposed'' and
inserting ``a life sentence or the death penalty may be
imposed''.
(b) Denial of Certain Burial-Related Benefits.--Section 985
of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``who has been convicted
of a capital offense under Federal or State law for which the
person was sentenced to death or life imprisonment without
parole.'' and inserting ``described in section 2411(b) of
title 38.'';
(2) in subsection (b), by striking ``convicted of a capital
offense under Federal law'' and inserting ``described in
section 2411(b) of title 38''; and
(3) by amending subsection (c) to read as follows:
``(c) Definition.--In this section, the term `burial'
includes inurnment.''.
(c) Denial of Funeral Honors.--Section 1491(h) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking `` means a decedent who--'' and inserting
the following: ``--
``(1) means a decedent who--'';
(3) in subparagraph (B), as redesignated, by striking the
period at the end and inserting ``; and''; and
(4) by adding at the end the following:
``(2) does not include any person described in section
2411(b) of title 38.''.
(d) Rulemaking.--
(1) Department of defense.--The Secretary of Defense shall
prescribe regulations to ensure that a person is not interred
in any military cemetery under the authority of the Secretary
or provided funeral honors under section 1491 of title 10,
United States Code, unless a good faith effort has been made
to determine whether such person is described in section
2411(b) of title 38, United States Code, or is otherwise
ineligible for such interment or honors under Federal law.
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall prescribe regulations to ensure that a
person is not interred in any cemetery in the National
Cemetery System unless a good faith effort has been made to
determine whether such person is described in section 2411(b)
of title 38, United States Code, or is otherwise ineligible
for such interment under Federal law.
[[Page S12865]]
(e) Savings Provision.--The amendments made by subsections
(a), (b), and (c) shall not apply to any person whose
sentence for a Federal capital crime or a State capital crime
(as such terms are defined in section 2411(d) of title 38,
United States Code) was commuted by the President or the
Governor of a State.
______
SA 2563. Mr. WARNER (for Mr. Feingold) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle D of title X, add the following:
SEC. __. ANNUAL REPORTS ON BUDGETING RELATING TO KEY MILITARY
EQUIPMENT.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 234. Budgeting for key military equipment: annual
reports
``(a) Annual Report Required.--The Secretary of Defense
shall submit to Congress each year, at or about the time that
the budget of the President is submitted to Congress that
year under section 1105(a) of title 31, a report on the
budgeting of the Department of Defense for key military
equipment.
``(b) Report Elements.--The report required by subsection
(a) for a year shall set forth the following:
``(1) A description of the current strategies of the
Department of Defense for sustaining key military equipment,
and for any modernization that will be required of such
equipment.
``(2) A description of the amounts required for the
Department for the fiscal year beginning in such year in
order to fully fund the strategies described in paragraph
(1).
``(3) A description of the amounts requested for the
Department for such fiscal year in order to fully fund such
strategies.
``(4) A description of the risks, if any, of failing to
fund such strategies in the amounts required to fully fund
such strategies (as specified in paragraph (2)).
``(5) A description of the actions being taken by the
Department of Defense to mitigate the risks described in
paragraph (4).
``(c) Key Military Equipment Defined.--In this section, the
term `key military equipment'--
``(1) means--
``(A) major weapons systems that are essential to
accomplishing the national defense strategy; and
``(B) other military equipment, such as major command,
communications, computer intelligence, surveillance, and
reconnaissance (C4ISR) equipment and systems designed to
prevent fratricide, that is critical to the readiness of
military units; and
``(2) includes equipment reviewed in the report of the
Comptroller General of the United States numbered GAO-06-
141.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``234. Budgeting for key military equipment: annual reports.''.
______
SA 2564. Mr. WARNER (for Mr. Martinez (for himself and 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 C of title III, add the following:
SEC. __. IMPROVEMENT OF AUTHORITIES ON GENERAL GIFT FUNDS OF
THE DEPARTMENT OF DEFENSE.
(a) Restatement and Expansion of Current Authority.--
Subsection (a) of section 2601 of title 10, United States
Code, is amended to read as follows:
``(a)(1) Subject to subsection (b), the Secretary concerned
may accept, hold, administer, and spend any gift, devise, or
bequest of real or personal property made on the condition
that it be used for the benefit, or in connection with, the
establishment, operation, or maintenance of a school,
hospital, library, museum, cemetery, or other institution or
organization under the jurisdiction of such Secretary.
``(2)(A) Subject to subsection (b), the Secretary concerned
may accept, hold, administer, and spend any gift, devise, or
bequest of real or personal property made on the condition
that it be used for the benefit of members of the armed
forces or civilian employees of United States Government, or
the dependents or survivors of such members or employees, who
are wounded or killed while serving in Operation Iraqi
Freedom, Operation Enduring Freedom, or any other military
operation or activity, or geographic area, designated by the
Secretary of Defense for purposes of this section.
``(B) The Secretary of Defense shall prescribe regulations
specifying the conditions that may be attached to a gift,
devise, or bequest accepted under this paragraph.
``(C) The authority to accept gifts, devises, or bequests
under this paragraph shall expire on December 31, 2007.
``(3) The Secretary concerned may pay all necessary
expenses in connection with the conveyance or transfer of a
gift, devise, or bequest made under this subsection.''.
(b) Scope of Authority To Use Accepted Property.--Such
section is further amended--
(1) by redesignating subsections (b), (c) and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) Except as provided in paragraph (2), property
accepted under subsection (a) may be used by the Secretary
concerned without further specific authorization in law.
``(2) Property accepted under subsection (a) may not be
used--
``(A) if the use of such property in connection with any
program, project, or activity would result in the violation
of any prohibition or limitation otherwise applicable to such
program, project, or activity;
``(B) if the conditions attached to such property are
inconsistent with applicable law or regulations;
``(C) if the use of such property would reflect unfavorably
on ability of the Department of Defense, any employee of the
Department, or any member of the armed forces to carry out
any responsibility or duty of the Department in a fair and
objective manner; or
``(D) if the use of such property would compromise the
integrity or appearance of integrity of any program of the
Department of Defense, or any individual involved in such a
program.''.
(c) Conforming Amendment.--Subsection (c) of such section,
as redesignated by subsection (b)(1) of this section, is
further amended in the flush matter following paragraph (4)
by striking ``benefit or use of the designated institution or
organization'' and inserting ``purposes specified in
subsection (a)''.
(d) GAO Audits.--Such section is further amended by adding
at the end the following new subsection:
``(f) The Comptroller General of the United States shall
make periodic audits of real or personal property accepted
under subsection (a) at such intervals as the Comptroller
General determines to be warranted. The Comptroller General
shall submit to Congress a report on the results of each such
audit.''.
______
SA 2565. Mr. WARNER (for Mr. McCain) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle D of title V, add the following:
SEC. __. SENSE OF SENATE ON APPLICABILITY OF UNIFORM CODE OF
MILITARY JUSTICE TO RESERVES ON INACTIVE-DUTY
TRAINING OVERSEAS.
It is the sense of the Senate that--
(1) there should be no ambiguity about the applicability of
the Uniform Code of Military Justice (UCMJ) to members of the
reserve components of the Armed Forces while serving overseas
under inactive-duty training (IDT) orders for any period of
time under such orders; and
(2) the Secretary of Defense should--
(A) take action, not later than February 1, 2006, to
clarify jurisdictional issues relating to such applicability
under section 802 of title 10, United States Code (article 2
of the Uniform Code of Military Justice); and
(B) if necessary, submit to Congress a proposal for
legislative action to ensure the applicability of the Uniform
Code of Military Justice to members of the reserve components
of the Armed Forces while serving overseas under inactive-
duty training orders.
______
SA 2568. Mr. WARNER (for Mr. McConnell) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle C of title III, add the following:
SEC. __. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN
OPERATION ENDURING FREEDOM AND OPERATION IRAQI
FREEDOM.
(a) Finding.--Congress finds that it is both right and
appropriate that, upon their return from Operation Enduring
Freedom in Afghanistan and Operation Iraqi Freedom in Iraq,
all soldiers, sailors, marines, and airmen in the Armed
Forces who served in those operations be honored and
recognized for their achievements, with appropriate
ceremonies, activities, and awards commemorating their
sacrifice and service to the United States and the cause of
freedom in the Global War on Terrorism.
(b) Celebration Honoring Military Efforts in Operation
Enduring Freedom and
[[Page S12866]]
Operation Iraqi Freedom.--The President may, at the sole
discretion of the President--
(1) designate a day of celebration to honor the soldiers,
sailors, marines, and airmen of the Armed Forces who have
served in Operation Enduring Freedom or Operation Iraqi
Freedom and have returned to the United States; and
(2) issue a proclamation calling on the people of the
United States to observe that day with appropriate ceremonies
and activities.
(c) Participation of Armed Forces in Celebration.--
(1) Participation authorized.--Members and units of the
Armed Forces may participate in activities associated with
the day of celebration designated under subsection (b) that
are held in Washington, District of Columbia.
(2) Availability of funds.--Subject to paragraph (4),
amounts authorized to be appropriated for the Department of
Defense may be used to cover costs associated with the
participation of members and units of the Armed Forces in the
activities described in paragraph (1).
(3) Acceptance of private contributions.--(A)
Notwithstanding any other provision of law, the Secretary of
Defense may accept cash contributions from private
individuals and entities for the purposes of covering the
costs of the participation of members and units of the Armed
Forces in the activities described in paragraph (1). Amounts
so accepted shall be deposited in an account established for
purposes of this paragraph.
(B) Amounts accepted under subparagraph (A) may be used for
the purposes described in that subparagraph until expended.
(4) Limitation.--The total amount of funds described in
paragraph (2) that are available for the purpose set forth in
that paragraph may not exceed the amount equal to--
(A) $20,000,000, minus
(B) the amount of any cash contributions accepted by the
Secretary under paragraph (3).
(d) Award of Recognition Items.--
(1) Authority to award.--Under regulations prescribed by
the Secretary of Defense, appropriate recognition items may
be awarded to any individual who served honorably as a member
of the Armed Forces in Operation Enduring Freedom or
Operation Iraqi Freedom during the Global War on Terrorism.
The purpose of the award of such items is to recognize the
contribution of such individuals to the success of the United
States in those operations.
(2) Recognition items defined.--In this subsection, the
term ``recognition items'' means recognition items authorized
for presentation under section 2261 of title 10, United
States Code (as amended by section 593(a) of this Act).
______
SA 2567. Mr. WARNER (for Mr. McConnell) proposed an amendment to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 310, in the table following line 16, insert after
the item relating to Fort Campbell, Kentucky, the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Fort Knox........... $4,600,000
------------------------------------------------------------------------
On page 311, in the table preceding line 1, strike the
amount identified as the total in the amount column and
insert ``$1,199,722,000''.
On page 317, between lines 3 and 4, insert the following:
SEC. 2105. CONSTRUCTION OF BATTALION DINING FACILITIES, FORT
KNOX, KENTUCKY.
(a) Authorization of Appropriations.--The amount authorized
to be appropriated by section 2104(a) for military
construction, land acquisition, and military family housing
functions of the Department of the Army and the amount of
such funds authorized by paragraph (1) of such subsection for
military construction projects inside the United States are
each hereby decreased by $3,600,000.
(b) Use of Funds.--Of the amount authorized to be
appropriated by section 2104(a)(1) for the Department of the
Army and available for military construction at Fort Knox,
Kentucky, $4,600,000 is available for the construction of
battalion dining facilities at Fort Knox.
______
SA 2568. Mr. WARNER (for 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 A of title IX, add the following:
SEC. __. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS
MILITARY ADVISERS TO THE HOMELAND SECURITY
COUNCIL.
(a) Responsibility as Military Advisers.--
(1) In general.--Subsection (b) of section 151 of title 10,
United States Code, is amended--
(A) in paragraph (1), by inserting ``the Homeland Security
Council,'' after ``the National Security Council,''; and
(B) in paragraph (2), by inserting ``the Homeland Security
Council,'' after ``the National Security Council,''.
(2) Consultation by chairman.--Subsection (c)(2) of such
section is amended by inserting ``the Homeland Security
Council,'' after ``the National Security Council,'' both
places it appears.
(3) Advice and opinions of members other than chairman.--
Subsection (d) of such section is amended--
(A) in paragraph (1), by inserting ``the Homeland Security
Council,'' after ``the National Security Council,'' both
places it appears; and
(B) in paragraph (2), by inserting ``the Homeland Security
Council,'' after ``the National Security Council,''.
(4) Advice on request.--Subsection (e) of such section is
amended by inserting ``the Homeland Security Council,'' after
``the National Security Council,'' both places it appears.
(b) Attendance at Meeting of Homeland Security Council.--
Section 903 of the Homeland Security Act of 2002 (6 U.S.C.
493) is amended--
(1) by inserting ``(a) Members.--'' before ``The members'';
and
(2) by adding at the end the following new subsection:
``(b) Attendance of Chairman of Joint Chiefs of Staff at
Meetings.--The Chairman of the Joint Chiefs of Staff (or, in
the absence of the Chairman, the Vice Chairman of the Joint
Chiefs of Staff) may, in the role of the Chairman of the
Joint Chiefs of Staff as principal military adviser to the
Homeland Security Council and subject to the direction of the
President, attend and participate in meetings of the Homeland
Security Council.''.
______
SA 2569. Mr. WARNER (for 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 prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 286, between lines 7 and 8, insert the following:
SEC. 1073. SENSE OF SENATE ON COMMON REMOTELY OPERATED
WEAPONS STATION (CROWS) PLATFORM.
(a) Findings.--The Senate makes the following findings:
(1) With only a few systems deployed, the Common Remotely
Operated Weapons Station (CROWS) platform is already saving
the lives of soldiers today in Iraq by moving soldiers out of
the exposed gunner's seat and into the protective shell of an
up-armored Humvee.
(2) The Common Remotely Operated Weapons Station platform
dramatically improves battlefield awareness by providing a
laser rangefinder, night vision, telescopic vision, a fire
control computer that allows on-the-move target acquisition,
and one-shot one-kill accuracy at the maximum range of a
weapon.
(3) As they become available, new technologies can be
incorporated into the Common Remotely Operated Weapons
Station platform, thus making the platform scalable.
(4) The Army has indicated that an additional $206,000,000
will be required in fiscal year 2006 to procure 750 Common
Remotely Operated Weapons Station units for the Armed Forces,
and to prepare for future production of such weapons
stations.
(b) Sense of Senate.--It is the sense of the Senate that
the President should include in the next request submitted to
Congress for supplemental funding for military operations in
Iraq and Afghanistan sufficient funds for the production in
fiscal year 2006 of a number of Common Remotely Operated
Weapons Station units that is adequate to meet the
requirements of the Armed Forces.
______
SA 2570. 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
[[Page S12867]]
for the Armed Forces, and for other purposes; as follows:
At the end of subtitle C of title III, add the following:
SEC. __. INCLUSION OF PACKET BASED TELEPHONY IN DEPARTMENT OF
DEFENSE TELECOMMUNICATIONS BENEFIT.
(a) Inclusion in Benefit.--Subsection (a) of section 344 of
the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1448) is amended by inserting
``packet based telephony service,'' after ``prepaid phone
cards,''.
(b) Inclusion of Internet Telephony in Deployment of
Additional Telephone Equipment.--Subsection (e) of such
section is amended--
(1) by inserting ``or Internet service'' after ``additional
telephones'';
(2) by inserting ``or packet based telephony'' after ``to
facilitate telephone''; and
(3) by inserting ``or Internet access'' after
``installation of telephones''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in the subsection caption of subsection (a), by
striking ``Prepaid Phone Cards'' and inserting ``Benefit'';
and
(2) in the subsection caption of subsection (e), by
inserting ``or Internet Access'' after ``Telephone
Equipment''.
______
SA 2571. Mr. WARNER (for Ms. Collins) (for herself and Ms. Snowe))
proposed an amendment to the bill S. 1042, to authorize appropriations
for fiscal year 2006 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. __. SENSE OF SENATE ON APPLICABILITY OF COMPETITION
EXCEPTIONS TO ELIGIBILITY OF NATIONAL GUARD FOR
FINANCIAL ASSISTANCE FOR PERFORMANCE OF
ADDITIONAL DUTIES.
It is the sense of the Senate that the amendment made by
section 806 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2010) permits the Secretary of Defense to provide
financial assistance to the Army National Guard for the
performance of additional duties specified in section 113(a)
of title 32, United States Code, without the use of
competitive procedures under the standard exceptions to the
use of such procedures in accordance with section 2304(c) of
title 10, United States Code.
______
SA 2572. Mr. WARNER (for Mr. Durbin) (for himself, Mr. Vitter, Mr.
Wyden, Mr. Dayton, Ms. Landrieu, Mr. Chambliss, Mr. Isakson, and Mr.
Schumer)) 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 appropriate place, insert the following:
SEC. __. VETERANS PREFERENCE ELIGIBILITY FOR MILITARY
RESERVISTS.
(a) Short Title.--This section may be cited as the
``Reservist Access to Veterans Preference Act''.
(b) Veterans Preference Eligibility.--Section 2108(1) of
title 5, United States Code, is amended by striking
``separated from'' and inserting ``discharged or released
from active duty in''.
(c) Savings Provision.--Nothing in the amendment made by
subsection (b) may be construed to affect a determination
made before the date of enactment of this Act that an
individual is preference eligible (as defined in section
2108(3) of title 5, United States Code).
______
SA 2573. Mr. WARNER (for Mr. DeWine) 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. STUDY AND REPORT ON CIVILIAN AND MILITARY
PARTNERSHIP PROJECT.
(a) Study.--The Secretary of Defense shall conduct a study
on the feasibility of conducting a military and civilian
partnership project to permit employees of the Department of
Defense and of a non-profit health care entity to jointly
staff and provide health care services to military personnel
and civilians at a Department of Defense military treatment
facility.
(b) Report.--Not later than December 31, 2006, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the study required
by subsection (a).
______
SA 2574. Mr. WARNER (for Ms. Snowe) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
At the appropriate place in title VIII, insert:
Sec. __ Contracting Incentive for Small Power Plants on
Former Military Bases.
(A) Authorization.--Notwithstanding the limitation in
Section 501(b)(1)(B) of title 40, United States Code, the
Administrator of the General Services Administration is
authorized to contract for public utility services for a
period of not more than 20 years, provided that such services
are electricity services procured from a small power plant
located on a qualified HUBZone base closure area.
(B) Definition of small power plant.--In this section, the
term small power plant includes any power facility or project
with electrical output of not more than 60 Megawatts.
(C) Definition of public utility electric services.--In
this section, the term `public utility services', with
respect to electricity services, includes electricity
supplies and services, including transmission, generation,
distribution, and other services directly used in providing
electricity.''
(D) Definition of hubzone base closure area: In this
section, the term ``HUBZone base closure area'' has the same
meaning as such term is defined in Section 3(P)(4)(D) the
Small Business Act, 15 USC 632(p)(4)(D).
(E) Applicability of other provisions of law.--Contracting
pursuant to this section shall be subject to all other laws
and regulations applicable to contracting for public utility
services.
______
SA 2575. Mr. WARNER (for himself and Mr. McCain) proposed an
amendment to the bill S. 1042, to authorize appropriations for fiscal
year 2006 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. __. EXTENSION OF ANNUAL REPORTS ON MATURITY OF
TECHNOLOGY AT INITIATION OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
Section 804(a) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1180) is
amended by striking ``through 2006'' and inserting ``through
2010''.
______
SA 2576. Mr. WARNER (for Mr. Byrd) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
On page 337, between lines 4 and 5, insert the following:
SEC. 2602. NATIONAL GUARD CONSTRUCTION PROJECTS.
(a) Army National Guard at Camp Dawson, West Virginia.--
(1) Authorization of appropriations.--The amount authorized
to be appropriated by section 2601(1)(A) for the Department
of the Army for the Army National Guard of the United States
is hereby increased by $4,500,000.
(2) Use of funds.--Of the amount authorized to be
appropriated by section 2601(1)(A) for the Department of the
Army for the Army National Guard of the United States, as
increased by paragraph (1), $4,500,000 is available for the
construction of a readiness center at Camp Dawson, West
Virginia.
(3) Offset.--The amount authorized to be appropriated by
section 2601(3)(A) for the Department of the Air Force for
the Air National Guard of the United States, and available
for the construction of a bridge/gate house/force protection
entry project at Camp Yeager, West Virginia, is hereby
decreased by $4,500,000.
(b) Air National Guard at Eastern West Virginia Regional
Airport.--Of the amount authorized to be appropriated by
section 2603(3)(A) for the Department of the Air Force for
the Air National Guard of the United States, and otherwise
available for the construction of a bridge/gate house/force
protection entry project at Yeager Air National Guard Base,
West Virginia, $2,000,000 shall be available instead for C-5
aircraft shop upgrades at Eastern West Virginia Regional
Airport, Shepherd Field, Martinsburg, West Virginia.
______
SA 2577. 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
[[Page S12868]]
the Department of Energy, to prescribe personnel strengths for such
fiscal year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle C of title III, add the following:
SEC. __. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY
READINESS.
(a) Finding.--Congress finds that the Ministry of Defence
of the United Kingdom has determined, as a result of a
recently conducted study of the effect of windmill farms on
military readiness, not to permit construction of windmill
farms within 30 kilometers of military radar installations.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
effects of windmill farms on military readiness, including an
assessment of the effects on the operations of military radar
installations of the proximity of windmill farms to such
installations and of technologies that could mitigate any
adverse effects on military operations identified.
______
SA 2578. 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 XXXI, add the following:
SEC. __. REPORT ON ADVANCED TECHNOLOGIES FOR NUCLEAR POWER
REACTORS IN THE UNITED STATES.
(a) Report Required.--Not later than six months after the
date of the enactment of this Act, the Secretary of Energy
shall submit to Congress a report on advanced technologies
for nuclear power reactors in the United States.
(b) Report Elements.--The report required by subsection (a)
shall include the following:
(1) A description and assessment of technologies under
development for advanced nuclear power reactors that offer
the potential for further enhancements of the safety
performance of nuclear power reactors.
(2) A description and assessment of technologies under
development for advanced nuclear power reactors that offer
the potential for further enhancements of proliferation-
resistant nuclear power reactors.
(c) Form of Report.--The information in the report required
by subsection (a) shall be presented in manner and format
that facilitates the dissemination of such information to,
and the understanding of such information by, the general
public.
______
SA 2579. Mr. WARNER (for Mr. Bayh) proposed an amendment to the bill
S. 1042, to authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
At the end of subtitle D of title X, add the following:
SEC. __. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.
(a) Quarterly Reports.--At the same time the Secretary of
Defense submits to Congress each report on stability and
security in Iraq that is submitted to Congress after the date
of the enactment of this Act under the Joint Explanatory
Statement of the Committee on Conference to accompany the
conference report on the bill H.R. 1268 of the 109th
Congress, the Secretary of Defense and appropriate personnel
of the Central Intelligence Agency shall provide the
appropriate committees of Congress a briefing on the strategy
for the war in Iraq, including the measures of evaluation
utilized in determining the progress made in the execution of
that strategy.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives.
______
SA 2580. Mr. SANTORUM (for Mr. Frist) proposed an amendment to the
bill H.R. 1499, To amend the Internal Revenue Code of 1986 to allow
members of the Armed Forces serving in a combat zone to make
contributions to their individual retirement plans even if the
compensation on which such contribution is based is excluded from gross
income; as follows:
On page 3, line 3, change ``December 31, 2004'' to
``December 31, 2003''.
____________________Legislative Activity
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Senate amendment submitted
November 15, 2005
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Senate amendment submitted
November 15, 2005
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Senate amendment agreed to: Amendment SA 2566 agreed to in Senate by Unanimous Consent.
November 15, 2005
Floor
Senate amendment proposed (on the floor): Amendment SA 2566 proposed by Senator Warner for Senator McConnell.
November 15, 2005
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Amendment SA 2566 proposed by Senator Warner for Senator McConnell. (consideration: CR S12778-12791; text: CR S12789-12790) To facilitate the commemoration of the success of the United States Armed Forces in Operation Enduring Freedom and Operation Iraqi Freedom.
November 15, 2005
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Amendment SA 2566 agreed to in Senate by Unanimous Consent.
November 15, 2005