To provide $1,975,183,000 for medical care for veterans.
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Senate amendment submitted
April 12, 2005
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Senate amendment submitted
April 12, 2005
Senate amendment proposed (on the floor): Amendment SA 344 proposed by Senator Murray.
April 12, 2005
Roll call votes on amendments in Senate: Motion to waive Sec. 402 of S.Con.Res. 95 of the 108th Congress with respect to amendment SA 344 (the section within the amendment regarding an emergency designation) rejected in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 89.
April 12, 2005
Roll call votes on amendments in Senate: Motion to waive the Budget Act with respect to amendment SA 344 rejected in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 90.
April 12, 2005
Amendment SA 344 proposed by Senator Murray. (consideration: CR S3451-3455, S3456-3458, S3461-3462, S3468; text: CR S3451; text as modified: CR S3457-3458) To provide $1,975,183,000 for medical care for veterans.
April 12, 2005
Point of order that an emergency designation within the amendment violates Sec. 402 of S.Con.Res. 95 of the 108th Congress raised in Senate with respect to amendment SA 344.
April 12, 2005
Motion to waive Sec. 402 of S.Con.Res. 95 of the 108th Congress with respect to amendment SA 344 (the section within the amendment regarding an emergency designation) rejected in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 89.
April 12, 2005
The emergency designation within amendment SA 344 was stricken.
April 12, 2005
Point of order that the amendment violates the Budget Act raised in Senate with respect to amendment SA 344.
April 12, 2005
Motion to waive the Budget Act with respect to amendment SA 344 rejected in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 90.
April 12, 2005
Amendment SA 344 ruled out of order by the chair.
April 12, 2005
Votes
2 roll calls on this amendment
SENATE
Roll Call AvailableApril 12, 2005 at 4:01 PM
On the Motion (Motion to Waive C.B.A. Re: Murray Amdt. No. 344, As Modified)
Majority required: 3/5 (60%)
46 - 54
SENATE
Roll Call AvailableApril 12, 2005 at 3:26 PM
On the Motion (Motion to Waive Sec. 402, S. Con. Res. 95 (108th) "Emergency designation" Re: Murray Amdt. No. 344, As Modified)
Majority required: 3/5 (60%)
46 - 54
Text
Submitted
TEXT OF AMENDMENTS SA 338. Ms. SNOWE (for herself, Mr. Kerry, Mr. Lieberman, Ms. Cantwell, Mr. Bayh, and Mr. Pryor) submitted an amendment intended to be proposed by her to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism- related grounds for inadmissibility and removal to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 214, strike lines 5 through 19. ______ SA 339. Mr. DeWINE (for himself, Mr. Durbin, Mr. Allen, and Mr. Coleman) submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 159, strike line 6 and all that follows through page 160, line 22, and insert the following: Sec. 1112. (a) Increase in Death Gratuity.-- (1) Amount.--Section 1478(a) of title 10, United States Code, is amended by striking ``$12,000'' and inserting ``$100,000''. (2) Effective date.--The amendments made by this subsection shall take effect on [[Page S3495]] October 7, 2001, and shall apply with respect to deaths occurring on or after that date. (3) No adjustment for increases in basic pay before date of enactment.--No adjustment shall be made under subsection (c) of section 1478 of title 10, United States Code, with respect to the amount in force under subsection (a) of that section, as amended by paragraph (1), for any period before the date of the enactment of this Act. (4) Payment for deaths before date of enactment.--Any additional amount payable as a death gratuity under this subsection for the death of a member of the Armed Forces before the date of the enactment of this Act shall be paid to the eligible survivor of the member previously paid a death gratuity under section 1478 of title 10, United States Code, for the death of the member. If payment cannot be made to such survivor, payment of such amount shall be made to living survivor of the member otherwise highest on the list under 1477(a) of title 10, United States Code. On page 161, line 23, strike ``$238,000'' and insert ``$150,000''. ______ SA 340. Mr. DeWINE (for himself, Mr. Durbin, and Mr. Coleman) submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. INCREASED PERIOD OF CONTINUED TRICARE COVERAGE OF CHILDREN OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE SERVING ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS. (a) Period of Eligibility.--Section 1079(g) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' after ``(g)''; and (2) by striking the second sentence and inserting the following: ``(2) In addition to any continuation of eligibility for benefits under paragraph (1), when a member dies while on active duty for a period of more than 30 days, the member's dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for such benefits during the three-year period beginning on the date of the member's death, except that, in the case of such a dependent who is a child of the deceased, the period of continued eligibility shall be the longer of the following periods beginning on such date: ``(A) Three years. ``(B) The period ending on the date on which the child attains 21 years of age. ``(C) In the case of a child of the deceased who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member's death, in fact dependent on the member for over one-half of the child's support, the period ending on the earlier of the following dates: ``(i) The date on which the child ceases to pursue such a course of study, as determined by the administering Secretary. ``(ii) The date on which the child attains 23 years of age. ``(3) For the purposes of paragraph (2)(C), a child shall be treated as being enrolled in a full-time course of study in an institution of higher education during any reasonable period of transition between the child's completion of a full-time course of study in a secondary school and the commencement of an enrollment in a full-time course of study in an institution of higher education, as determined by the administering Secretary. ``(4) No charge may be imposed for any benefits coverage under this chapter that is provided for a child for a period of continued eligibility under paragraph (2), or for any benefits provided to such child during such period under that coverage.''. (b) Effective Date.--The amendments made by this section shall take effect as of October 1, 2001, and shall apply with respect to deaths occurring on or after such date. ______ SA 341. Mr. DeWINE (for himself, Mr. Durbin, and Mr. Coleman) submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. EXPANSION OF AUTHORIZED USES OF EDUCATIONAL ASSISTANCE UNDER THE SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. Section 3531(a) of title 38, United States Code, is amended by inserting ``room, board,'' after ``equipment,''. F_____ SA 342. Mr. DeWINE (for himself, Mr. Bingaman, Mr. Coleman, Mr. Nelson of Florida, Mr. Martinez, Mr. Corzine, Mrs. Dole, Mr. Dodd, and Mr. Chafee) submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 183, after line 23, add the following: Funds Appropriated to the President united states agency for international development child survival and health programs fund For necessary expenses to provide assistance to Haiti under chapter 1 of part I of the Foreign Assistance Act of 1961, for child survival, health, and family planning/reproductive health activities, in addition to funds otherwise available for such purposes, $10,000,000, to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). Assistance to Haiti Sec. 2105. (a)(1) The total amount appropriated by this chapter under the heading ``Economic Support Fund'' is increased by $21,000,000. Of the total amount appropriated under that heading, $21,000,000 shall be available for necessary expenses to provide assistance to Haiti. (2) Of the funds made available under paragraph (1), up to $10,000,000 may be made available for election assistance in Haiti. (3) Of the funds made available under paragraph (1), up to $10,000,000 may be made available for public works programs in Haiti. (4) Of the funds made available under paragraph (1), up to $1,000,000 may be made available for administration of justice programs in Haiti. (5) The amount made available under paragraph (1) is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). (b)(1) The total amount appropriated by this chapter under the heading ``International Narcotics Control and Law Enforcement'' is increased by $10,000,000. Of the total amount appropriated under that heading, $10,000,000 shall be available for necessary expenses to provide assistance to Haiti. (2) Of the funds made available under paragraph (1), up to $5,000,000 may be made available for training and equipping the Haitian National Police. (3) Of the funds made available under paragraph (1), up to $5,000,000 may be made available to provide additional United States civilian police in support of the United Nations Stabilization Mission in Haiti. (4) The amount made available under paragraph (1) is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). F_____ SA 343. Mr. PRYOR submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 231, between lines 3 and 4, insert the following: Sec. 6047. The United States releases to the State of Arkansas the reversionary interest described in sections 2 and 3 of the Act entitled ``An Act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter 429), in and to the surface estate of the land constituting Camp Joseph T. Robinson, Arkansas, which lies east of the Batesville Pike county road, in sections 24, 25, and 36, township 3 north, range 12 west, Pulaski County, Arkansas. [[Page S3496]] F_____ SA 344. Mrs MURRAY (for herself, Mr. Akaka, Mr. Byrd, Mrs. Boxer, Mr. Bingaman, Mr. Rockefeller, Ms. Mikulski, Mr. Jeffords, Mr. Salazar, Mr. Dayton, Mr. Schumer, Mr. Johnson, Mr. Corzine, Mrs. Lincoln, Ms. Landrieu, Mr. Dorgan, and Mr. Biden) proposed an amendment to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal to ensure expeditious construction of the San Diego border fence, and for other purposes; as follows: On page 188, after line 20, add the following: CHAPTER 5 DEPARTMENT OF VETERANS AFFAIRS Veterans Health Administration Medical Services For necessary expenses for furnishing, as authorized by law, outpatient and inpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans as described in paragraphs (1) through (8) of section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the department and including medical supplies and equipment and salaries and expenses of health-care employees hired under title 38, United States Code, and to aid State homes as authorized under section 1741 of title 38, United States Code; $1,975,183,000 plus reimbursements: Provided, That of the amount under this heading, $610,183,000 shall be available to address the needs of servicemembers deployed for Operation Iraqi Freedom and Operation Enduring Freedom; Provided further, That of the amount under this heading, $840,000,000 shall be available, in equal amounts of $40,000,000, for each Veterans Integrated Service Network (VISN) to meet current and pending care and treatment requirements: Provided further, That of the amount under this heading, $525,000,000 shall be available for mental health care and treatment, including increased funding for centers for the provision of readjustment counseling and related mental health services under section 1712A of title 38, United States Code (commonly referred to as ``Vet Centers''), increased funding for post traumatic stress disorder (PTSD) programs, funding for the provision of primary care consultations for mental health, funding for the provision of mental health counseling in Community Based Outreach Centers (CBOCs), and funding to facilitate the provision of mental health services by Department of Veterans Affairs facilities that do not currently provide such services: Provided further, That the amount under this heading shall remain available until expended. F_____ SA 345. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: Sec. __. The Secretary of Labor shall convey to the State of Michigan, for no consideration, all right, title, and interest of the United States in and to the real property known as the ``Detroit Labor Building'' and located at 7310 Woodward Avenue, Detroit, Michigan, to the extent the right, title, or interest was acquired through a grant to the State of Michigan under title III of the Social Security Act (42 U.S.C. 501 et seq.) or the Wagner-Peyser Act (29 U.S.C. 49 et seq.) or using funds distributed to the State of Michigan under section 903 of the Social Security Act (42 U.S.C. 1103). F_____ SA 346. Mr. CORZINE (for himself and Mr. Brownback) submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 231, between lines 3 and 4, insert the following: TITLE VII--ACCOUNTABILITY IN DARFUR SECTION 7001. SHORT TITLE. This title may be cited as the ``Darfur Accountability Act of 2005''. SEC. 7002. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Government of sudan.--The term ``Government of Sudan'' means the National Congress Party-led government in Khartoum, Sudan, or any successor government formed on or after the date of the enactment of this title. (3) Member states.--The term ``member states'' means the member states of the United Nations. (4) Sudan north-south peace agreement.--The term ``Sudan North-South Peace Agreement'' means the comprehensive peace agreement signed by the Government of Sudan and the Sudan People's Liberation Army/Movement on January 9, 2005. (5) Those named by the un commission of inquiry.--The term ``those named by the UN Commission of Inquiry'' means those individuals whose names appear in the sealed file delivered to the Secretary-General of the United Nations by the International Commission of Inquiry on Darfur to the United Nations Security Council. (6) UN committee.--The term ``UN Committee'' means the Committee of the Security Council established in United Nations Security Council Resolution 1591 (29 March 2005); paragraph 3. SEC. 7003. FINDINGS. Congress makes the following findings: (1) On July 22, 2004, the House of Representatives and the Senate declared that the atrocities occurring in Darfur, Sudan are genocide. (2) On September 9, 2004, Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, ``[w]hen we reviewed the evidence compiled by our team, along with other information available to the State Department, we concluded that genocide has been committed in Darfur and that the Government of Sudan and the [Janjaweed] bear responsibility--and genocide may still be occurring''. (3) President George W. Bush, in an address before the United Nations General Assembly on September 21, 2004, stated, ``[a]t this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide''. (4) On July 30, 2004, the United Nations Security Council passed Security Council Resolution 1556, calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law and carried out other atrocities in the Darfur region. (5) On September 18, 2004, the United Nations Security Council passed Security Council Resolution 1564, determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556, calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry into violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 and 1564. (6) United Nations Security Council Resolution 1564 declares that if the Government of Sudan ``fails to comply fully'' with Security Council Resolutions 1556 and 1564, the Security Council shall consider taking ``additional measures'' against the Government of Sudan ``as contemplated in Article 41 of the Charter of the United Nations, such as actions to affect Sudan's petroleum sector or individual members of the Government of Sudan, in order to take effective action to obtain such full compliance and cooperation''. (7) United Nations Security Council Resolution 1564 also ``welcomes and supports the intention of the African Union to enhance and augment its monitoring mission in Darfur'' and ``urges member states to support the African Union in these efforts, including by providing all equipment, logistical, financial, material, and other resources necessary to support the rapid expansion of the African Union Mission''. (8) On February 1, 2005, the United Nations released the Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General, dated January 25, 2005, which stated that, ``[g]overnment forces and militias conducted indiscriminate attacks, including killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence, pillaging and forced displacement throughout Darfur'', that such ``acts were conducted on a widespread and systematic basis, and therefore may amount to crimes against humanity'', and that the ``magnitude and large-scale nature of some crimes against humanity as well as their [[Page S3497]] consistency over a long period of time, necessarily imply that these crimes result from a central planning operation''. (9) The Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General notes that, pursuant to its mandate and in the course of its work, the UN Commission collected information relating to individual perpetrators of acts constituting ``violations of international human rights law and international humanitarian law, including crimes against humanity and war crimes'' and that the UN Commission has delivered to the Secretary-General of the United Nations a sealed file of those named by the UN Commission with the recommendation that the ``file be handed over to a competent Prosecutor''. (10) On March 24, 2005, the United Nations Security Council passed Security Council Resolution 1590, establishing the United Nations Mission in Sudan (UNMIS) consisting of 10,000 military personnel and 715 civilian police personnel. The mandate of UNMIS includes to ``closely and continuously liaise and coordinate at all levels with the African Union Mission in Sudan (AMIS) with a view towards expeditiously reinforcing the effort to foster peace in Darfur, especially with regard to the Abuja peace process and the African Union Mission in Sudan''. Security Council Resolution 1590 also urged the Secretary-General and United Nations High Commissioner for Human Rights to increase the number and deployment rate of human rights monitors to Darfur. (11) On March 29, 2005, the United Security Council passed Security Council Resolution 1591, establishing a Committee of the Security Council and a Panel of Experts to identify individuals who have impeded the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, or who are responsible for offensive overflights, and calling on member states to prevent those individuals identified from entry into or transit of their territories and to freeze those individuals non-exempted assets. (12) On March 31, 2005, the United Nations Security Council passed Security Council Resolution 1593, referring the situation in Darfur since July 1, 2002, to the Prosecutor of the International Criminal Court (ICC) with the proviso that personnel from a state outside Sudan not a party to the Rome Statute of the ICC shall not be subject to the ICC in this instance. SEC. 7004. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the atrocities unfolding in Darfur, Sudan, have been and continue to be genocide; (2) the United States should immediately seek passage at the United Nations Security Council of a resolution that-- (A) extends the freezing of property and assets and denial of visas and entry, pursuant to United Nations Security Council Resolution 1591, to include-- (i) those named by the UN Commission of Inquiry; (ii) family members of those named by the UN Commission of Inquiry and those designated by the UN Committee; and (iii) any associates of those named by the UN Commission of Inquiry and those designated by the UN Committee to whom assets or property of those named by the UN Commission of Inquiry or those designated by the UN Committee were transferred on or after July 1, 2002; (B) urges member states to submit to the Security Council the name of any individual that the government of any such member state believes is or has been planning, carrying out, responsible for, or otherwise involved in genocide, war crimes, or crimes against humanity in Darfur, along with evidence supporting such belief so that the Security Council may consider imposing sanctions pursuant to United Nations Security Council Resolution 1591; (C) imposes additional sanctions or additional measures against the Government of Sudan, including sanctions that will affect the petroleum sector in Sudan, individual members of the Government of Sudan, and entities controlled or owned by officials of the government of Sudan or the National Congress Party in Sudan, that will remain in effect until such time as-- (i) humanitarian organizations are granted full, unimpeded access to Darfur; (ii) the Government of Sudan cooperates with humanitarian relief efforts, carries out activities to demobilize and disarm Janjaweed militias and any other militias supported or created by the Government of Sudan, and cooperates fully with efforts to bring to justice the individuals responsible for genocide, war crimes, or crimes against humanity in Darfur; (iii) the Government of Sudan cooperates fully with the African Union, the United Nations, and all other observer, monitoring, and protection missions mandated to operate in Sudan; (iv) the Government of Sudan permits the safe and voluntary return of displaced persons and refugees to their homes and rebuilds the communities destroyed in the violence in Darfur; and (v) the Sudan North-South Peace Agreement is fully implemented and a new coalition government is created under such Agreement; (D) establishes a military no-fly zone in Darfur; (E) supports the expansion of the African Union force in Darfur so that such force achieves the size and strength needed to prevent ongoing fighting and violence in Darfur; (F) urges member states to accelerate assistance to the African Union force in Darfur; (G) calls on the Government of Sudan to cooperate with, and allow unrestricted movement in Darfur by, the African Union force in the region, UNMIS, international humanitarian organizations, and United Nations monitors; (H) extends the embargo of military equipment established by paragraphs 7 through 9 of Security Council Resolution 1556 and expanded by Security Council Resolution 1591 to include a total prohibition of sale or supply to the Government of Sudan; (I) supports African Union and other international efforts to negotiate peace talks between the Government of Sudan and rebels in Darfur, calls on the Government of Sudan and rebels in Darfur to abide by their obligations under the N'Djamena Ceasefire Agreement of April 8, 2004, and subsequent agreements, and urges parties to engage in peace talks without preconditions and seek to resolve the conflict; and (J) expands the mandate of UNMIS to include the protection of civilians throughout Sudan, including Dafur; (3) the United States should work with other nations to ensure effective efforts to freeze the property and assets of and deny visas and entry to-- (A) those named by the UN Commission of Inquiry and those designated by the UN Committee; (B) any individuals the United States believes is or has been planning, carrying out, responsible for, or otherwise involved in genocide, war crimes, and crimes against humanity in Darfur; (C) family members of any person described in subparagraphs (A) or (B); and (D) any associates of any such person to whom assets or property of such person were transferred on or after July 1, 2002; (4) the United States should not provide assistance to the Government of Sudan, other than assistance necessary for the implementation of the Sudan North-South Peace Agreement, the support of the southern regional government in Sudan, or for humanitarian purposes in Sudan, unless the President certifies and reports to Congress that-- (A) humanitarian organizations are being granted full, unimpeded access to Darfur and the Government of Sudan is providing full cooperation with humanitarian efforts; (B) concrete, sustained steps are being taken toward demobilizing and disarming Janjaweed militias and any other militias supported or created by the Government of Sudan; (C) the Government of Sudan is cooperating fully with international efforts to bring to justice those responsible for genocide, war crimes, or crimes against humanity in Darfur; (D) the Government of Sudan cooperates fully with the African Union, the United Nations, and all other observer, monitoring, and protection missions mandated to operate in Sudan; (E) the Government of Sudan permits the safe and voluntary return of displaced persons and refugees to their homes and rebuilds the communities destroyed in the violence in Darfur; and (F) the Sudan North-South Peace Agreement is fully implemented and a new coalition government is created under such Agreement; (5) the President should work with international organizations, including the North Atlantic Treaty Organization (NATO), the United Nations, and the African Union to establish mechanisms for the enforcement of a no-fly zone in Darfur; (6) the African Union should extend its mandate in Darfur to include the protection of civilians and proactive efforts to prevent violence, and member states should support fully this extension; (7) the President should accelerate assistance to the African Union force in Darfur and discussions with the African Union and the European Union and other supporters of the African Union force on the needs of such force, including assistance for housing, transportation, communications, equipment, technical assistance such as training and command and control assistance, and intelligence; (8) the President should appoint a Presidential Envoy for Sudan-- (A) to support the implementation of the Sudan North-South Peace Agreement; (B) to seek ways to bring stability and peace to Darfur; (C) to address instability elsewhere in Sudan; and (D) to seek a comprehensive peace throughout Sudan; (9) United States officials, including the President, the Secretary of State, and the Secretary of Defense, should raise the issue of Darfur in bilateral meetings with officials from other members of the United Nations Security Council and relevant countries, with the aim of passing a United Nations Security Council resolution described in paragraph (2) and mobilizing maximum support for political, financial, and military efforts to stop the genocide in Darfur; (10) the Secretary of State should immediately engage in a concerted, sustained campaign with other members of the United [[Page S3498]] Nations Security Council and relevant countries with the aim of achieving the goals described in paragraph (9); (11) the United States fully supports the Sudan North-South Peace Agreement and urges the rapid implementation of its terms; (12) the United States condemns attacks on humanitarian workers and calls on all forces in Darfur, including forces of the Government of Sudan, all militia, and forces of the Sudan Liberation Army/Movement and the Justice and Equality Movement, to refrain from such attacks; and (13) The United States should actively participate in the UN Committee and the Panel of Experts established pursuant to Security Council Resolution 1591, and work to support the Secretary-General and the United Nations High Commissioner for Human Rights in their efforts to increase the number and deployment rate of human rights monitors to Darfur. SEC. 7005. IMPOSITION OF SANCTIONS. (a) Freezing Assets.--At such time as the United States has access to the names of those named by the UN Commission of Inquiry and those designated by the UN Committee, the President shall, except as described under subsection (c), take such action as may be necessary to immediately freeze the funds and other assets belonging to anyone so named, their family members, and any associates of those so named to whom assets or property of those so named were transferred on or after July 1, 2002, including requiring that any United States financial institution holding such funds and assets promptly report those funds and assets to the Office of Foreign Assets Control. (b) Visa Ban.--Beginning at such times as the United States has access to the names of those named by the UN Commission of Inquiry and those designated by the UN Committee, the President shall, except as described under subsection (c), deny visas and entry to-- (1) those named by the UN Commission of Inquiry and those designated by the UN Committee; (2) the family members of those named by the UN Commission of Inquiry and those designated by the UN Committee; and (3) anyone the President determines has been, is, or may be planning, carrying out, responsible for, or otherwise involved in crimes against humanity, war crimes, or genocide in Darfur, Sudan. (c) Waiver Authority.--The President may elect not to take an action otherwise required to be taken with respect to an individual under subsection (a) or (b) after submitting to Congress a report-- (1) naming the individual with respect to whom the President has made such election; (2) describing the reasons for such election; and (3) including the determination of the President as to whether such individual has been, is, or may be planning, carrying out, responsible for, or otherwise involved in crimes against humanity, war crimes, or genocide in Darfur, Sudan. (d) Asset Reporting Requirement.--Not later than 14 days after a decision to freeze the property or assets of, or deny a visa or entry to, any person under this section, the President shall report the name of such person to the appropriate congressional committees. (e) Notification of Waivers of Sanctions.--Not later than 30 days before waiving the provisions of any sanctions currently in force with regard to Sudan, the President shall submit to the appropriate congressional committees a report describing the waiver and the reasons therefor. SEC. 7006. REPORTS TO CONGRESS. (a) Reports on Stabilization in Sudan.-- (1) Initial report.--Not later than 30 days after the date of enactment of this title, the Secretary of State, in conjunction with the Secretary of Defense, shall report to the appropriate congressional committees on efforts to deploy an African Union force in Darfur, the capacity of such force to stabilize Darfur and protect civilians, the needs of such force to succeed at such mission including housing, transportation, communications, equipment, technical assistance, including training and command and control, and intelligence, current status of United States and other assistance to the African Union force, and additional United States assistance needed. (2) Subsequent reports.-- (A) Updates required.--The Secretary of State, in conjunction with the Secretary of Defense, shall submit an update of the report submitted under paragraph (1) until such time as the President certifies that the situation in Darfur is stable and that civilians are no longer in danger and that the African Union is no longer needed to prevent a resumption of violence and attacks against civilians. (B) Duration of reporting requirement.--The Secretary of State shall submit any updated reports required under subparagraph (A)-- (i) every 60 days during the 2-year period following the date of the enactment of this Act; and (ii) after such 2-year period, as part of the report required under section 8(b) of the Sudan Peace Act (50 U.S.C. 1701 note), as amended by section 5(b) of the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 118 Stat. 4018). (b) Report on Those Named by the UN Commission of Inquiry.--At such time as the United States has access to the names of those named by the UN Commission of Inquiry, the President shall submit to the appropriate congressional committees a report listing such names. F_____ SA 347. Mr. CORZINE (for himself, Mr. DeWine, Mr. Brownback, Mr. Durbin, and Mr. Leahy) submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism- related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 183, after line 23, add the following: requirement for transfer of funds Sec. 2105. Not later than 15 days after the date of the enactment of this Act, the authority contained under the heading ``International Disaster and Famine Assistance'' in chapter 2 of title II of Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1227) to transfer funds made available under such chapter, shall be fully exercised and the funds transferred as follows: (1) $53,000,000 shall be transferred to and consolidated with funds appropriated under the heading ``peacekeeping operations'' in title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (as enacted in division D of Public Law 108-447; 118 Stat. 2988) and used for the support of the efforts of the African Union to halt genocide and other atrocities in Darfur, Sudan; and (2) $40,500,000 shall be transferred to and consolidated with funds appropriated under the heading ``international disaster and famine assistance'' in such Act and used for assistance for Darfur, Sudan. F_____ SA 348. Mr. TALENT submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 169, between lines 8 and 9, insert the following: procurement of commercial satellite bandwidth services Sec. 1122. The Secretary of Defense may not implement the action plan for the procurement of commercial satellite bandwidth services proposed by the Assistant Secretary of Defense for Networks and Information Integration on December 14, 2004, or enter into any new contract for commercial satellite communications services (other than through existing contract vehicles), until 30 days after the date on which the Comptroller General of the United States submits to the congressional defense committees a report setting forth the comprehensive assessment and recommendations of the Comptroller General regarding the Defense Information Systems Network Satellite Transmission Services-Global (DSTS-G) program, as previously requested by Congress. ______ SA 349. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism- related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 169, between lines 8 and 9, insert the following: acquisition of vital learning recruitment/retention screening test program Sec. 1122. (a) In General.--In determining the person or entity to supply the Vital Learning Recruitment/Retention Screening Test Program to the Navy for purposes of the acquisition of that program, the Secretary of the Navy shall utilize a strategy that emphasizes past performance on technical capabilities (commonly referred to as a ``best value'' strategy) applicable to that program. [[Page S3499]] (b) Vital Learning Recruitment/Retention Screening Test Program Defined.--In this section, the term ``Vital Learning Recruitment/Retention Screening Test Program'' means the recruitment and retention screening test program of the Navy for which $1,000,000 is available under the heading ``Operation and Maintenance, Navy'' in each of the Department of Defense Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1057) and the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 954). ______ SA 350. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC VETERANS HEALTH ADMINISTRATION FACILITIES. Section 414(c)(1) of the Veterans Health Programs Improvement Act of 2004, is amended by inserting ``, and all outpatient clinics in the VA Boston Healthcare System'' before the period at the end. ______ SA 351. Mr. SALAZAR submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. _. SENSE OF THE SENATE ON THE EARNED INCOME TAX CREDIT. (a) Findings.--The Senate makes the following findings: (1) In an effort to provide support to military families, this Act includes an important increase in the maximum payable benefit under Servicemembers' Group Life Insurance from $150,000 to $400,000. (2) In an effort to provide support to military families, this Act includes an important increase in the death gratuity from $12,000 to $100,000. (3) In an effort to provide support to military families, this Act includes an important increase in the maximum Reserve Affiliation bonus to $10,000. (4) The Federal earned income tax credit (EITC) under section 32 of the Internal Revenue Code of 1986 provides critical tax relief and support to military as well as civilian families. In 2003, approximately 21,000,000 families benefitted from the EITC. (5) Nearly 160,000 active duty members of the armed forces, 11 percent of all active duty members, currently are eligible for the EITC, based on analyses of data from the Department of Defense and the Government Accountability Office. (6) Congress acted in 2001 and 2004 to expand EITC eligibility to more military personnel, recognizing that military families and their finances are intensely affected by war. (7) With over 300,000 National Guard and reservists called to active duty since September 11, 2001, the need for tax assistance is greater than ever. (8) Census data shows that the EITC lifted 4,900,000 people out of poverty in 2002, including 2,700,000 children. The EITC lifts more children out of poverty than any other single program or category of programs. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) Congress should take steps necessary to support our troops and their families; (2) it is not in the interests of our troops and their families to reduce the earned income tax credit under section 32 of the Internal Revenue Code of 1986; and (3) the conference committee for H. Con. Res. 96, the concurrent resolution on the budget for fiscal year 2006, should not assume any reduction in the earned income tax credit in the budget process this year, as provided in such resolution as passed by the House of Representatives. ______ SA 352. Mr. SALAZAR (for himself and Mr. Allard) submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 162, between lines 22 and 23, insert the following: SEC. 1113. RENAMING OF DEATH GRATUITY PAYABLE FOR DEATHS OF MEMBERS OF THE ARMED FORCES AS FALLEN HERO COMPENSATION. (a) In General.--Subchapter II of chapter 75 of title 10, United States Code, is amended as follows: (1) In section 1475(a), by striking ``have a death gratuity paid'' and inserting ``have fallen hero compensation paid''. (2) In section 1476(a)-- (A) in paragraph (1), by striking ``a death gratuity'' and inserting ``fallen hero compensation''; and (B) in paragraph (2), by striking ``A death gratuity'' and inserting ``Fallen hero compensation''. (3) In section 1477(a), by striking ``A death gratuity'' and inserting ``Fallen hero compensation''. (4) In section 1478(a), by striking ``The death gratuity'' and inserting ``The amount of fallen hero compensation''. (5) In section 1479(1), by striking ``the death gratuity'' and inserting ``fallen hero compensation''. (6) In section 1489-- (A) in subsection (a), by striking ``a gratuity'' in the matter preceding paragraph (1) and inserting ``fallen hero compensation''; and (B) in subsection (b)(2), by inserting ``or other assistance'' after ``lesser death gratuity''. (b) Clerical Amendments.--(1) Such subchapter is further amended by striking ``Death gratuity:'' each place it appears in the heading of sections 1475 through 1480 and 1489 and inserting ``Fallen hero compensation:''. (2) The table of sections at the beginning of such subchapter is amended by striking ``Death gratuity:'' in the items relating to sections 1474 through 1480 and 1489 and inserting ``Fallen hero compensation:''. (c) General References.--Any reference to a death gratuity payable under subchapter II of chapter 75 of title 10, United States Code, in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to fallen hero compensation payable under such subchapter, as amended by this section. ______ SA 353. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: DEPARTMENT OF DEFENSE--CIVIL Department of the Army OPERATIONS AND MAINTENANCE, GENERAL The Secretary of the Army, acting through the Chief of Engineers, shall use any funds appropriated to the Secretary pursuant to this Act to repair, restore, and maintain projects and facilities of the Corps of Engineers, including by dredging navigation channels, cleaning area streams, providing emergency streambank protection, restoring such public infrastructure as the Secretary determines to be necessary (including sewer and water facilities), conducting studies of the impacts of floods, and providing such flood relief as the Secretary determines to be appropriate: Provided, That of those funds, $32,000,000 shall be used by the Secretary for the Upper Peninsula, Michigan. ______ SA 354. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: [[Page S3500]] On page 169, between lines 8 and 9, insert the following: prohibition on implementation of certain orders and guidance on functions and duties of general counsel and judge advocate general of the air force Sec. 1122. No funds appropriated or otherwise made available by this Act, or any other Act, may be obligated or expended to implement or enforce either of the following: (1) The order of the Secretary of the Air Force dated May 15, 2003, and entitled ``Functions and Duties of the General Counsel and the Judge Advocate General''. (2) Any internal operating instruction or memorandum issued by the General Counsel of the Air Force in reliance upon the order referred to in paragraph (1). ______ SA 355. Mr. MARTINEZ submitted an amendment intended to be proposed by him to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism- related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: DEPARTMENT OF DEFENSE--CIVIL Department of the Army CONSTRUCTION, GENERAL The Secretary of the Army, acting through the Chief of Engineers, shall carry out construction at the Jacksonville Harbor, Florida, in accordance with the report of the Chief of Engineers dated July 22, 2003, using the funds appropriated for that purpose under title I of division C of the Energy and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2935). ______ SA 356. Mr. DURBIN (for himself, Ms. Mikulski, Mr. Allen, and Mr. Corzine) proposed an amendment to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; as follows: On page 153, between lines 15 and 16, insert the following: SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD. (a) Short Title.--This section may be cited as the ``Reservists Pay Security Act of 2005''. (b) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5538. Nonreduction in pay while serving in the uniformed services or National Guard ``(a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which-- ``(1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee's civilian employment with the Government had not been interrupted by that service, exceeds (if at all) ``(2) the amount of pay and allowances which (as determined under subsection (d))-- ``(A) is payable to such employee for that service; and ``(B) is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted)-- ``(A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and ``(B) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee's civilian employment with the Government. ``(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38-- ``(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and ``(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a). ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by such employee's employing agency; ``(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee's civilian employment had not been interrupted. ``(d) The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section. ``(e)(1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) For purposes of this section-- ``(1) the terms `employee', `Federal Government', and `uniformed services' have the same respective meanings as given them in section 4303 of title 38; ``(2) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and ``(3) the term `basic pay' includes any amount payable under section 5304.''. (c) Clerical Amendment.--The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following: ``5538. Nonreduction in pay while serving in the uniformed services or National Guard.''. (d) Effective Date.--The amendments made by this section shall apply with respect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after the date of enactment of this Act. ____________________