S.Amdt. 344Senate109th Congress (2005-2007)

To provide $1,975,183,000 for medical care for veterans.

Submitted April 12, 2005

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Senate amendment submitted

April 12, 2005

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Senate amendment submitted

April 12, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 344 proposed by Senator Murray.

April 12, 2005

Floor

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

Floor

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

Floor

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

Floor

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

Floor

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

Floor

The emergency designation within amendment SA 344 was stricken.

April 12, 2005

Floor

Point of order that the amendment violates the Budget Act raised in Senate with respect to amendment SA 344.

April 12, 2005

Floor

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

Floor

Amendment SA 344 ruled out of order by the chair.

April 12, 2005

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.

____________________