Volume 151, No. 146 covering the 1st Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S12450-S12453 on Nov. 7, 2005.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 2433. Mr. CHAMBLISS (for himself, Mr. Isakson, Mr. Pryor, and Ms. Landrieu) submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle C of title V, add the following: SEC. 538. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE
RETIRED PAY BY MEMBERS OF THE READY RESERVE ON
ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR
SIGNIFICANT PERIODS.
(a) Reduced Eligibility Age.--Section 12731 of title 10, United States Code, is amended--
(1) in subsection (a), by striking paragraph (1) and inserting the following:
``(1) has attained the eligibility age applicable under subsection (f) to that person;''; and
(2) by adding at the end the following new subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.
``(B)(i) Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title in support of a contingency operation. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title.
``(ii) Active service described in this subparagraph is service under a call to active service authorized by the President or the Secretary of Defense under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility of Non-Regular Service Retirees For Health Care.--Section 1074(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or Policy.--With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection
(a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.
(d) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act.
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SA 2434. Mr. HAGEL submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN
INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF
THE RESERVE AND NATIONAL GUARD.
Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C. 1383(j)(1)(B)) is amended by inserting ``(24 consecutive months, in the case of such an individual whose ineligibility for benefits under or pursuant to both such sections is a result of being called to active duty pursuant to section 12301(d) or 12302 of title 10, United States Code, or section 502(f) of title 32, United States Code)'' after ``for a period of 12 consecutive months''.
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SA 2435. Mr. KOHL (for himself and Mr. Jeffords) submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. __. STRATEGIC REFINERY RESERVE.
(a) Establishment.--
(1) In general.--The Secretary of Energy shall establish and operate a Strategic Refinery Reserve (referred to in this section as the ``Reserve'') in the United States.
(2) Authorities.--To carry out this subsection, the Secretary of Energy may contract for--
(A) the construction or operation of new refineries; or
(B) the acquisition or reopening of closed refineries.
(b) Operation.--The Secretary of Energy shall operate the Reserve--
(1) to provide petroleum products to--
(A) the Federal Government (including the Department of Defense); and
(B) any State governments and political subdivisions of States that opt to purchase refined petroleum products from the Reserve; and
(2) to provide petroleum products to the general public during any period described in subsection (c).
(c) Emergency Periods.--The Secretary of Energy shall make petroleum products from the Reserve available under subsection (b)(2) only if the President determines that--
(1) there is a severe energy supply interruption within the meaning of the term under section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202); or
(2)(A) there is a regional petroleum product supply shortage of significant scope and duration; and
(B) action taken under subsection (b)(2) would directly and significantly assist in reducing the adverse impact of the shortage.
(d) Locations.--In determining the location of a refinery for inclusion in the Reserve, the Secretary of Energy shall take into account--
(1) the impact of the refinery on the local community, as determined after requesting and reviewing any comments from State and local governments and the public;
(2) regional vulnerability to--
(A) natural disasters; and
(B) terrorist attacks;
(3) the proximity of the refinery to the Reserve;
(4) the accessibility of the refinery to energy infrastructure and Federal facilities (including facilities under the jurisdiction of the Department of Defense);
(5) the need to minimize adverse public health and environmental impacts; and
(6) the energy needs of the Federal Government (including the Department of Defense).
(e) Increased Capacity.--The Secretary of Energy shall ensure that refineries in the Reserve are designed to provide a rapid increase in production capacity during periods described in subsection (c).
(f) Implementation Plan.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to Congress a plan for the establishment and operation of the Reserve under this section.
(2) Requirements.--The plan required under paragraph (1) shall--
(A)(i)(I) provide for, within 2 years after the date of enactment of this Act, a capacity within the Reserve equal to 5 percent of the total United States daily demand for gasoline, diesel, and aviation fuel; and
(II) provide for a capacity within the Reserve such that not less than 75 percent of the gasoline and diesel fuel produced by the Reserve contain an average of 10 percent renewable fuel (as that term is defined in 211(o)(1)(C) of the Clean Air Act (42 U.S.C. 7545(o)(1)(C)); or
(ii) if the Secretary of Energy finds that achieving the capacity described in either subclause (I) or (II) of clause
(i) is not feasible within 2 years, include--
(I) an explanation from the Secretary of Energy of the reasons why achieving the capacity within the timeframe is not feasible; and
(II) provisions for achieving the required capacity as soon as practicable; and
(B) provide for adequate delivery systems capable of providing Reserve product to the entities described in subsection (b)(1).
(g) Coordination.--The Secretary of Energy shall carry out this section in coordination with the Secretary of Defense.
(h) Compliance With Federal Environmental Requirements.--Nothing in this section affects any requirement to comply with Federal or State environmental or other laws.
SEC. __. REPORTS ON REFINERY CLOSURES.
(a) Reports to Secretary of Energy.--
(1) In general.--Not later than 180 days before permanently closing a refinery in the United States, the owner or operator of the refinery shall provide to the Secretary of Energy notice of the closing.
(2) Requirements.--The notice required under paragraph (1) with respect to a refinery to be closed shall include an explanation of the reasons for the closing of the refinery.
(b) Reports to Congress.--The Secretary of Energy shall, in consultation with the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the Federal Trade Commission and as soon as practicable after receipt of a report under subsection (a), submit to Congress--
(1) the report; and
(2) an analysis of the effects of the proposed closing covered by the report on--
(A) in accordance with the Clean Air Act (42 U.S.C. 7401 et seq.), supplies of clean fuel;
(B) petroleum product prices;
(C) competition in the refining industry;
(D) the national economy;
(E) regional economies;
(F) regional supplies of refined petroleum products;
(G) the supply of fuel to the Department of Defense; and
(H) energy security.
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SA 2436. Ms. SNOWE (for herself, Ms. Collins, Ms. Landrieu, Mr. Wyden and Mr. Corzine) proposed an amendment to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle D of title XXVIII of division B, add the following:
SEC. 2887. TRANSFER TO REDEVELOPMENT AUTHORITIES WITHOUT
CONSIDERATION OF PROPERTY LOCATED AT MILITARY
INSTALLATIONS CLOSED OR REALIGNED UNDER 2005
ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.
(a) Option on Transfer of Real Property and Facilities.--Paragraph (2)(C) of section 2905(b) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by inserting ``(i)'' after ``(C)''; and
(2) by adding at the end the following new clause:
``(ii)(I) Except as provided in subclause (II), in the case of any real property or facilities located at an installation for which the date of approval of closure or realignment is after January 1, 2005, including property or facilities that would otherwise be transferred to a military department or other entity within the Department of Defense or the Coast Guard under clause (i), or would otherwise be transferred to another Federal agency--
``(aa) the Secretary shall instead offer to transfer such property or facilities to the redevelopment authority with respect to such installation; and
``(bb) if the redevelopment authority accepts the offer, transfer such property or facilities to the redevelopment authority, without consideration, subject to the provisions of paragraph (4).
``(II) The requirement under subclause (I) shall not apply--
``(aa) to a transfer of property or facilities to a military department or other entity within the Department of Defense or the Coast Guard under clause (i), or to the Department of Homeland Security, if the Secretary of Defense determines that such transfer is necessary in the national security interest of the United States; or
``(bb) to a transfer of property or facilities to an Indian tribe or tribal organization pursuant to section 105(f)(3) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450j(f)(3)).''.
(b) Option on Transfer of Personal Property.--Paragraph (3) of such section is amended--
(1) in subparagraph (C)(i), by striking ``subparagraphs (E) and (F)'' and inserting ``subparagraphs (F) and (G)'';
(2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(3) by inserting after subparagraph (D) the following new subparagraph (E):
``(E) In the case of any personal property located at an installation for which the date of approval of closure or realignment is after January 1, 2005, including property that is determined pursuant to the inventory under subparagraph
(A)(i) to be excess property that would otherwise be transferred to another Federal agency under subchapter II of chapter 5 of title 40, United States Code, pursuant to the authority in paragraph (1)(A)--
``(i) the Secretary shall, unless the Secretary determines that a transfer of such property to a military department or other entity within the Department of Defense or the Coast Guard, or to the Department of Homeland Security, is necessary in the national security interest of the United States, instead offer to transfer such property to the redevelopment authority with respect to such installation; and
``(ii) if the redevelopment authority accepts the offer, transfer such property to the redevelopment authority, without consideration, subject to the provisions of paragraph
(4).''.
(c) Economic Redevelopment.--Paragraph (4)(A) of such section is amended by striking ``purposes of job generation'' and inserting ``purposes of economic redevelopment or job generation''.
(d) Conforming Change.--Paragraph (4)(B) of such section is amended--
(1) by striking ``shall seek'' and all that follows through
``with respect to the installation'' and inserting the following: ``may not obtain consideration in connection with any transfer under this paragraph of property located at the installation. The redevelopment authority to which such property is transferred shall'';
(2) in clause (i), by striking ``agrees'' and inserting
``agree''; and
(3) in clause (ii)--
(A) by striking ``executes'' and inserting ``execute''; and
(B) by striking ``accepts'' and inserting ``accept''.
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SA 2437. Mr. CRAIG (for himself, Mr. Roberts, Mr. Brownback, and Ms. Mikulski) submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SECTION __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR
INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.
(a) Prohibition Against Interment in National Cemetery.--Section 2411 of title 38, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking `` for which the person was sentenced to death or life imprisonment''; and
(B) in paragraph (2), by striking `` for which the person was sentenced to death or life imprisonment without parole''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the death penalty or life imprisonment'' and inserting ``a life sentence or the death penalty''; and
(B) in paragraph (2), by striking ``the death penalty or life imprisonment without parole may be imposed'' and inserting ``a life sentence or the death penalty may be imposed''.
(b) Denial of Certain Burial-Related Benefits.--Section 985 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment without parole.'' and inserting ``described in section 2411(b) of title 38.'';
(2) in subsection (b), by striking ``convicted of a capital offense under Federal law'' and inserting ``described in section 2411(b) of title 38''; and
(3) by amending subsection (c) to read as follows:
``(c) Definition.--In this section, the term `burial' includes inurement.''.
(c) Denial of Funeral Honors.--Section 1491(h) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) by striking `` means a decedent who--'' and inserting the following: ``--
``(1) means a decedent who--'';
(3) in subparagraph (B), as redesignated, by striking the period at the end and inserting ``; and''; and
(4) by adding at the end the following:
``(2) does not include any person described in section 2411(b) of title 38.''.
(d) Rulemaking.--
(1) Department of defense.--The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in any military cemetery under the authority of the Secretary or provided funeral honors under section 1491 of title 10, United States Code, unless a good faith effort has been made to determine whether such person is described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law.
(2) Department of veterans affairs.--The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law.
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SA 2438. Mr. HARKIN (for himself, and Mr. Dorgan) proposed an amendment to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle A of title IX, add the following:
SEC. 903. AMERICAN FORCES NETWORK.
(a) Mission.--The American Forces Network (AFN) shall provide members of the Armed Forces, civilian employees of the Department of Defense, and their families stationed outside the continental United States and at sea with the same type and quality of American radio and television news, information, sports, and entertainment as is available in the continental United States.
(b) Political Programming.--
(1) Fairness and balance.--All political programming of the American Forces Network shall be characterized by its fairness and balance.
(2) Free flow of programming.--The American Forces Network shall provide in its programming a free flow of political programming from United States commercial and public radio and television stations.
(c) Ombudsman of the American Forces Network.--
(1) Establishment.--There is hereby established the Office of the Ombudsman of the American Forces Network.
(2) Head of office.--
(A) Ombudsman.--The head of the Office of the Ombudsman of the American Forces Network shall be the Ombudsman of the American Forces Network (in this subsection referred to as the ``Ombudsman''), who shall be appointed by the Secretary of Defense.
(B) Qualifications.--Any individual nominated for appointment to the position of Ombudsman shall have recognized expertise in the field of mass communications, print media, or broadcast media.
(C) Part-time status.--The position of Ombudsman shall be a part-time position.
(D) Term.--The term of office of the Ombudsman shall be five years.
(E) Removal.--The Ombudsman may be removed from office by the Secretary only for malfeasance.
(3) Duties.--
(A) In general.--The Ombudsman shall ensure that the American Forces Network adheres to the standards and practices of the Network in its programming.
(B) Particular duties.--In carrying out the duties of the Ombudsman under this paragraph, the Ombudsman shall--
(i) initiate and conduct, with such frequency as the Ombudsman considers appropriate, reviews of the integrity, fairness, and balance of the programming of the American Forces Network;
(ii) initiate and conduct, upon the request of Congress or members of the audience of the American Forces Network, reviews of the programming of the Network;
(iii) identify, pursuant to reviews under clause (i) or
(ii) or otherwise, circumstances in which the American Forces Network has not adhered to the standards and practices of the Network in its programming, including circumstances in which the programming of the Network lacked integrity, fairness, or balance; and
(iv) make recommendations to the American Forces Network on means of correcting the lack of adherence identified pursuant to clause (iii).
(C) Limitation.--In carrying out the duties of the Ombudsman under this paragraph, the Ombudsman may not engage in any pre-broadcast censorship or pre-broadcast review of the programming of the American Forces Network.
(4) Resources.--The Secretary of Defense shall provide the Office of the Ombudsman of the American Forces Network such personnel and other resources as the Secretary and the Ombudsman jointly determine appropriate to permit the Ombudsman to carry out the duties of the Ombudsman under paragraph (3).
(5) Independence.--The Secretary shall take appropriate actions to ensure the complete independence of the Ombudsman and the Office of the Ombudsman of the American Forces Network within the Department of Defense.
(6) Annual reports.--
(A) In general.--The Ombudsman shall submit to the Secretary of Defense and the congressional defense committees each year a report on the activities of the Office of the Ombudsman of the American Forces Network during the preceding year.
(B) Availability to public.--The Ombudsman shall make available to the public each report submitted under subparagraph (A) through the Internet website of the Office of the Ombudsman of the American Forces Network and by such other means as the Ombudsman considers appropriate.
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