To repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan by veterans' dependency and indemnity compensation and to modify the date of paid-up coverage under the Survivor Benefit Plan.

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008--Continued

The PRESIDING OFFICER. The Senate will now resume consideration of
H.R. 1585. Cloture having been invoked on amendment No. 3035, offered
by the Senator from Massachusetts, Mr. Kennedy, the pending motion to
commit with instructions offered by the Senator from Nevada, Mr. Reid,
falls.
Amendment No. 3035, offered by the Senator from Massachusetts, Mr.
Kennedy, having been adopted, amendment No. 2064, offered by the
Senator from South Carolina, Mr. Graham, falls.
Mr. WARNER. Mr. President, may we have order?

Amendment No. 2999, as Further Modified

The PRESIDING OFFICER. The question is on agreeing to amendment No.
2999, as modified further. The 2 minutes of debate are evenly divided.
The Senator from Virginia.
Mr. WEBB. Mr. President, I would like to briefly say how proud I am
that this amendment has been worked out, and I express my appreciation,
both to the senior Senator from Virginia for having helped us work this
out and also to my colleague from Missouri who did such a great job on
the floor yesterday, managing the bill. I yield the rest of our time to
the Senator from Missouri.
The PRESIDING OFFICER. The Senator from Missouri is recognized.
Mrs. McCASKILL. Mr. President, ``We intend to see that no man or
corporate group shall profit inordinately on the blood of the boys in
the foxhole.''
That is what Senator Harry Truman said as the Truman committee began
its work. I think Harry Truman would be very proud of the Senate
tonight. I, too, thank the senior Senator from Virginia for his
willingness to sit down and work this out, along with Senator Levin for
all of his support. I think this commission can do important work in a
bipartisan way to fix some problems, to make sure we get contracting
under control whenever our men and women are in danger.
I yield the floor.
The PRESIDING OFFICER. The Senator from Virginia is recognized.
Mr. WARNER. Mr. President, I compliment my colleagues from Missouri
and Virginia, Senators McCaskill and Webb.
The amendment was carefully reviewed by myself and others on this
side. We made several recommendations. Each of those recommendations
were accepted. We indicate for the record that the amendment is
accepted on this side. I ask that we have a voice vote.
The PRESIDING OFFICER. Under the previous order, the amendment is
agreed to.
The Amendment (No. 2999), as further modified, is as follows:

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

SEC. 1535. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND
CONTRACTING PROCESSES IN OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM.

(a) Commission on Wartime Contracting.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on Wartime
Contracting'' (in this subsection referred to as the
``Commission'').
(2) Membership matters.--
(A) Membership.--The Commission shall be composed of 8
members, as follows:
(i) 2 members shall be appointed by the Majority Leader of
the Senate, in consultation with the Chairmen of the
Committee on Armed Services and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(ii) 2 members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairmen
of the Committee on Armed Services and the Committee on
Oversight and Government Reform of the House of
Representatives.
(iii) 1 member shall be appointed by the Minority Leader of
the Senate, in consultation with the Ranking Minority Members
of the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(iv) 1 member shall be appointed by the Minority Leader of
the House of Representatives, in consultation with the
Ranking Minority Member of the Committee on Armed Services
and the Committee on Oversight and Government Reform of the
House of Representatives.
(v) 1 member shall be appointed by the Secretary of
Defense.
(vi) 1 member shall be appointed by the Secretary of State.
(B) Deadline for appointments.--All appointments to the
Commission shall be made not later than 90 days after the
date of the enactment of this Act.
(C) Chairman and vice chairman.--
(i) Chairman.--The chairman of the Commission shall be a
member of the Commission selected by the members appointed
under clauses (i) and (ii) of subparagraph (A), but only if
approved by the vote of a majority of the members of the
Commission.
(ii) Vice chairman.--The vice chairman of the Commission
shall be a member of the Commission selected by the members
appointed under clauses (iii) and (iv) of subparagraph (A),
but only if approved by the vote of a majority of the members
of the Commission.
(D) Vacancy.--In the event of a vacancy in the Commission,
the individual appointed to fill the membership shall be of
the same political party as the individual vacating the
membership.
(3) Duties.--
(A) General duties.--The Commission shall study and
investigate the following matters:
(i) Federal agency contracting for the reconstruction of
Iraq and Afghanistan.
(ii) Federal agency contracting for the logistical support
of coalition forces in Operation Iraqi Freedom and Operation
Enduring Freedom.
(iii) Federal agency contracting for the performance of
security and intelligence functions in Operation Iraqi
Freedom and Operation Enduring Freedom.
(B) Scope of contracting covered.--The Federal agency
contracting covered by this paragraph includes contracts
entered into both in the United States and abroad for the
performance of activities described in subparagraph (A),
whether performed in the United States or abroad.
(C) Particular duties.--In carrying out the study under
this paragraph, the Commission shall assess--
(i) the extent and impact of the reliance of the Federal
Government on contractors to perform functions (including
security, intelligence, and management functions) in
Operation Iraqi Freedom and Operation Enduring Freedom;
(ii) the performance of the contracts under review, and the
mechanisms used to manage the performance of the contracts
under review;
(iii) the extent of waste, fraud, abuse, or mismanagement
under such contracts;
(iv) the extent to which those responsible for such waste,
fraud, abuse, or mismanagement have been held financially or
legally accountable;
(v) the appropriateness of the organizational structure,
policies, practices, and resources of the Department of
Defense and the Department of State for handling contingency
contract management and support; and
(vi) the extent of the misuse of force and violations of
the laws of war or Federal law by contractors.
(4) Reports.--
(A) Interim report.--On January 15, 2009, the Commission
shall submit to Congress an interim report on the study
carried out under paragraph (3), including the results and
findings of the study as of that date.
(B) Other reports.--The Commission may from time to time
submit to Congress such other reports on the study carried
out under paragraph (3) as the Commission considers
appropriate.
(C) Final report.--Not later than two years after the date
of the appointment of all of the members of the Commission
under paragraph (2), the Commission shall submit to Congress
a report on the study carried out under paragraph (3). The
report shall--
(i) include the findings of the Commission;

[[Page S12259]]

(ii) identify lessons learned on the contracting covered by
the study; and
(iii) include specific recommendations for improvements to
be made in--

(I) the process for developing contract requirements for
wartime contracts and contracts for contingency operations;
(II) the process for awarding contracts and task orders for
wartime contracts and contracts for contingency operations;
(III) the process for managing and providing oversight for
the performance of wartime contracts and contracts for
contingency operations;
(IV) the process for holding contractors and their
employees accountable for waste, fraud, abuse, or
mismanagement under wartime contracts and contracts for
contingency operations;
(V) the process for determining which functions are
inherently governmental and which functions are appropriate
for performance by contractors in an area of combat
operations (including an area of a contingency operation),
including a determination whether the use of civilian
contractors to provide security in an area of combat
operations is a function that is inherently governmental;
(VI) the organizational structure, resources, policies, and
practices of the Department of Defense and the Department of
State handling contract management and support for wartime
contracts and contracts for contingency operations; and
(VII) the process by which roles and responsibilities with
respect to wartime contracts and contracts for contingency
operations are distributed among the various departments and
agencies of the Federal Government, and interagency
coordination and communication mechanisms associated with
wartime contracts and contracts for contingency operations.

(5) Other powers and authorities.--
(A) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this
subsection--
(i) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths (provided that the quorum for a hearing
shall be three members of the Commission); and
(ii) provide for the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents,

as the Commission or such designated subcommittee or
designated member may determine advisable.
(B) Inability to obtain documents or testimony.--In the
event the Commission is unable to obtain testimony or
documents needed to conduct its work, the Commission shall
notify the committees of Congress of jurisdiction and
appropriate investigative authorities.
(C) Access to information.--The Commission may secure
directly from the Department of Defense and any other
department or agency of the Federal Government any
information or assistance that the Commission considers
necessary to enable the Commission to carry out the
requirements of this subsection. Upon request of the
Commission, the head of such department or agency shall
furnish such information expeditiously to the Commission.
Whenever information or assistance requested by the
Commission is unreasonably refused or not provided, the
Commission shall report the circumstances to Congress without
delay.
(D) Personnel.--The Commission shall have the authorities
provided in section 3161 of title 5, United States Code, and
shall be subject to the conditions set forth in such section,
except to the extent that such conditions would be
inconsistent with the requirements of this subsection.
(E) Detailees.--Any employee of the Federal Government may
be detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(F) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the
extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without
the appropriate security clearances.
(G) Violations of law.--
(i) Referral to attorney general.--The Commission may refer
to the Attorney General any violation or potential violation
of law identified by the Commission in carrying out its
duties under this subsection.
(ii) Reports on results of referral.--The Attorney General
shall submit to Congress a report on each prosecution,
conviction, resolution, or other disposition that results
from a referral made under this subparagraph.
(6) Termination.--The Commission shall terminate on the
date that is 60 days after the date of the submittal of its
final report under paragraph (4)(C).
(7) Contingency operation defined.--In this subsection, the
term ``contingency operation'' has the meaning given that
term in section 101 of title 10, United States Code.
(b) Investigation of Waste, Fraud, Abuse, and
Mismanagement.--
(1) In general.--The Special Inspector General for Iraq
Reconstruction shall, in collaboration with the Inspector
General of the Department of Defense, the Inspector General
of the Department of State, and the Inspector General of the
United States Agency for International Development, conduct a
series of audits to identify potential waste, fraud, abuse,
or mismanagement in the performance of--
(A) Department of Defense contracts and subcontracts for
the logistical support of coalition forces in Operation Iraqi
Freedom and Operation Enduring Freedom; and
(B) Federal agency contracts and subcontracts for the
performance of security and reconstruction functions in
Operation Iraqi Freedom and Operation Enduring Freedom.
(2) Scope of audits of contracts.--Each audit conducted
pursuant to paragraph (1)(A) shall focus on a specific
contract, task order, or site of performance under a contract
or task order and shall examine, at a minimum, one or more of
the following issues:
(A) The manner in which requirements were developed.
(B) The procedures under which the contract or task order
was awarded.
(C) The terms and conditions of the contract or task order.
(D) The contractor's staffing and method of performance,
including cost controls.
(E) The efficacy of Department of Defense management and
oversight, Department of State management and oversight, and
United States Agency for International Development management
and oversight, including the adequacy of staffing and
training of officials responsible for such management and
oversight.
(F) The flow of information from the contractor to
officials responsible for contract management and oversight.
(3) Scope of audits of other contracts.--Each audit
conducted pursuant to paragraph (1)(B) shall focus on a
specific contract, task order, or site of performance under a
contract or task order and shall examine, at a minimum, one
or more of the following issues:
(A) The manner in which the requirements were developed and
the contract or task order was awarded.
(B) The manner in which the Federal agency exercised
control over the contractor's performance.
(C) The extent to which operational field commanders are
able to coordinate or direct the contractor's performance in
an area of combat operations.
(D) The extent to which the functions performed were
appropriate for performance by a contractor.
(E) The degree to which contractor employees were properly
screened, selected, trained, and equipped for the functions
to be performed.
(F) The nature and extent of any incidents of misconduct or
unlawful activity by contractor employees.
(G) The extent to which any incidents of misconduct or
unlawful activity were reported, documented, investigated,
and (where appropriate) prosecuted.
(4) Continuation of special inspector general.--
(A) In general.--Notwithstanding section 3001(o) of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 5 U.S.C. App. 8G note), the Office of the Special
Inspector General for Iraq Reconstruction shall not terminate
until the date that is 60 days after the date of the
submittal under paragraph (4)(C) of subsection (a) of the
final report of the Commission on Wartime Contracting
established by subsection (a).
(B) Reaffirmation of certain duties and responsibilities.--
Congress reaffirms that the Special Inspector General for
Iraq Reconstruction retains the duties and responsibilities
in sections 4 of the Inspector General Act of 1978 (5 U.S.C.
App. 4; relating to reports of criminal violations to the
Attorney General) and section 5 of the Inspector General Act
of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as
expressly provided in subsections (f)(3) and (i)(3),
respectively, of section 3001 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be required to carry out
the provisions of this section.

Mr. LEVIN. Mr. President, let me add my commendation to Senators Webb
and McCaskill and the others who fought so hard for this amendment. The
heart of this amendment has remained. There have been some changes in
it. But the substance of this amendment, the crying need for a
commission to look into the contract abuses and waste and fraud is very
strong. This amendment is going to do some important work for the
country and for the next time we are in a situation where we have such
massive spending as we have in this war.
Mr. President, I ask unanimous consent--I have cleared this with my
friend, Senator Warner--that we vitiate the vote on the Menendez
amendment--that has been done? Fine.

[[Page S12260]]

Mr. WARNER. Mr. President, I further ask unanimous consent that we
may have printed in the Record at this point such other statements
relative to the changes that we deem appropriate to support this
amendment, including a document dated September 25, 2007, by the Deputy
Secretary of Defense subject: ``Management of DOD Contractors and
Contract Personnel Accompanying U.S. Armed Forces in Contingency
Operations Outside the United States.''
This is a step by the Deputy Secretary to correct some of the
problems that this commission will be addressing. It underlies the
necessity for the commission that these two Senators and others have
advocated.
There being no objection, the material was ordered to be printed in
the Record, as follows:

The Deputy Secretary of Defense,

Washington, DC, September 25, 2007.

Management of DoD Contractors and Contractor Personnel Accompanying
U.S. Armed Forces in Contingency Operations Outside the United States

Defense contractors fulfill a variety of important
functions for the Department of Defense, both inside the
United States and abroad. These functions encompass vital
support to our military forces engaged in combat operations
in Iraq and Afghanistan to include security for convoys,
sites, personnel and the like.
While investigations are still ongoing and no findings of
wrongdoing determined, recent events regarding non-DoD
contractors performing security service in Iraq have
identified a need to better ensure that relevant DoD policies
and processes are being followed. This review is applicable
for all policies and processes to manage DoD contractors
accompanying U.S. armed forces in contingency operations
outside the United States. DoDI 3020.41, ``Contractor
Personnel Authorized to Accompany the U.S. Armed Forces,'' is
the comprehensive source of policy and procedures concerning
DoD contractor personnel.
Geographic Combatant Commanders are responsible for
establishing lines of command responsibility within their
Area of Responsibility (AOR) for oversight and management of
DoD contractors and for discipline of DoD contractor
personnel when appropriate. Accordingly, addressees will
ensure the consistency of their implementing guidance for
policies outlined in DoDI 3020.41 and ensure contracts being
executed within an AOR require DoD contractors to comply with
the respective geographic Combatant Commander's guidance for
the AOR including, for example, Rules on the Use of Force
(RUF).
DoD contractor personnel (regardless of nationality)
accompanying U.S. armed forces in contingency operations are
currently subject to UCMJ jurisdiction. Commanders have UCMJ
authority to disarm, apprehend, and detain DoD contractors
suspected of having committed a felony offense in violation
of the RUF, or outside the scope of their authorized mission,
and to conduct the basic UCMJ pretrial process and trial
procedures currently applicable to the courts-martial of
military servicemembers. Commanders also have available to
them contract and administrative remedies, and other
remedies, including discipline and possible criminal
prosecution.
Under the Military Extraterritorial Jurisdiction Act
(MEJA), federal jurisdiction exists over felony offenses
committed outside the U.S. by contractor personnel of any
federal agency or provisional authority whose employment
relates to supporting the DoD mission. Implementing guidance
under this Act is included in DoDI 5525.11, ``Criminal
Jurisdiction Over Civilians Employed by or Accompanying the
Armed Forces Outside the United States, Certain Service
Members, and Former Service Members,'' and military
department regulations. This instruction requires DoD
coordination with the Department of Justice for the return to
the U.S. of contractor personnel subject to MEJA for
prosecution.
Pursuant to these authorities, addressees as appropriate
will:
1. Ensure that all required clauses are included in DoD
contracts when contract performance requires contractors and
contractor personnel to accompany U.S. forces in contingency
operations.
2. Verify that all DoD contractors ensure that their
personnel authorized to carry weapons as security personnel
or for personal protection have been properly trained and
licensed for the weapons they are authorized to carry and
appropriately trained on the applicable RUF.
3. Provide appropriate discipline for unauthorized
possession, carrying, or discharging weapons.
4. Ensure that instructions have been issued to their
command and to their contractors to prevent contractor
personnel who are suspected of having committed a felony act
or of having committed an act in violation of the RUF from
being allowed to leave the country until approved by the
senior commander in the country or until an investigation is
completed and a decision is rendered by the flag officer
court martial convening authority. Officials of contracting
firms who arrange for, facilitate, or allow such personnel to
leave the country before being cleared will be subject to
disciplinary action under either UCMJ or MEJA.
5. Review periodically the existing RUF and make any
changes necessary to minimize the risk of innocent civilian
casualties or unnecessary destruction of civilian property.
6. Require DoD contractors performing security services to
provide to the Combatant Commander copies of their Standard
Operating Procedures (SOPs) and guidance to their contractor
personnel on escalation of the use of force, the use of
deadly force, and on the rules for interaction with host
country nationals who may be present and/or potentially
involved in a situation perceived by contractor personnel as
a potential threat to their mission or to themselves. Require
that such SOPs and guidance be modified as necessary to be
consistent with the RUF.
7. Review periodically the guidance and authorization for
DoD contractor personnel to possess and carry weapons.
Over the past several months, the Department has been
developing and staffing additional guidance regarding this
UCMJ disciplinary authority over persons serving with or
accompanying the armed forces during contingency operations.
The UCMJ authority referenced in this memorandum remains in
effect until modified by promulgation of such additional
guidance.

Mr. WARNER. I think we are prepared to vote.
The PRESIDING OFFICER. Under the previous order, the amendment has
been agreed to.
Mr. WARNER. Mr. President, I move to reconsider the vote and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 2196

The PRESIDING OFFICER. The next question is on amendment No. 2196,
offered by Senator Coburn. Ten minutes will be evenly divided.
Mr. COBURN. Mr. President, this is a very simple amendment. We voted
to increase the debt limit. We have a project that the Department of
Justice, the DEA, and all the other drug enforcement agencies say is
ineffective.
I am going to give you some quotes from the people who worked there
and what they had said. Former official of the Drug Czar's office put
it bluntly: ``We see nothing from this.''
The former, most recently resigned, Director: ``I recognize that many
of the reports were god-awful, poorly written, poorly researched, and
in many cases just plain wrong.''
Jim Milford, former NDIC Deputy, admitted: ``I have never come to
terms with the justification for the NDIC, and the bottom line is we
actually have to search for a mission.''
These are good people who work there. It is not about them. It is
about whether we are going to be prudent with the money we spend. They
have one program that is effective. It is called DOCX. The problem with
it being where it is, is it cannot be applied there, it has to be
applied at other drug intelligence centers and the other DEA centers
throughout the country.
The administration, the Department of Justice, the DEA and all the
other drug centers, especially the one in El Paso, is where this
information ought to be processed.
We have spent half a billion dollars and gotten very little return.
It is a recommendation that we have a chance to do something. We have a
chance to eliminate a program that is not effective by any metric that
the Government has applied or the former Directors have applied or the
Deputy Directors have applied who have worked there, saying it is not
effective.
My hope is this body will approve this amendment and start us down
the road of eliminating programs that are ineffective.
I reserve the remainder of my time.
The PRESIDING OFFICER. The Senator from Michigan.
Mr. LEVIN. Mr. President, I will yield half the time in opposition to
the Coburn amendment to the two Senators from Pennsylvania, half to
Senator Specter and half to Senator Casey.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SPECTER. Mr. President, will you advise me when the 2\1/2\
minutes have expired?
The PRESIDING OFFICER. Yes.
Mr. SPECTER. Mr. President, contrary to the arguments of the Senator
from Oklahoma, the National Drug Intelligence Center has been
functioning since 1993 and has never been challenged on this floor in
any respect. It has not been challenged until today because it has
performed so well.
Yesterday I had printed in the Record the extensive compliments

[[Page S12261]]

which have been paid by the FBI in an expansive letter on November 21,
2001, by DEA, the Drug Enforcement Agency; on June 21, 2006, by FBI
field offices around the country, including Tampa, Detroit, and
Charlotte, by U.S. attorneys around the country. It has performed with
very strategic results. It is important to decentralize operations such
as the National Drug Intelligence Center. Everything does not have to
be in Washington. It costs about a third to do it in Johnstown as it
would in Washington.
When the Senator from Oklahoma says it ought to be in El Paso because
all the drugs come from El Paso, that is simply not true. Drugs come
into this country from Miami, from New York, from Detroit, from
California. They come from everywhere.
It has been in existence for 14 years and is functioning
successfully. It is not a minor matter that it has 340 jobs. Johnstown
has become accustomed to having this. Johnstown, as is well known
historically, has had its tough time with two major floods. It doesn't
deserve another flood by having this body saying the office ought to be
removed at this time.
I yield to my distinguished colleague from Scranton, PA.
Mr. CASEY. I wish to reiterate much of what Senator Specter already
said. This center is providing important law enforcement services right
now, helping out on international drug trafficking, which helps out in
the fight against terrorism.
If we came to this floor every week and talked about what some
Government agency said about a particular facility such as this, we
would be having these votes all the time. I was the auditor of
Pennsylvania. I know a lot about waste, fraud, and abuse. I know how to
find it and root it out. But I also know you cannot take one Government
agency's word for it. This center is providing an important service
right now, in crime fighting, in keeping local law enforcement working
with the Federal Government.
It is an important facility in the State of Pennsylvania. There are
people there who are working hard in Johnstown, PA. This is a diversion
from some other things we have been doing.
This is very important that we support this kind of facility. All the
answers do not reside in Washington, DC. There are some people out
there who know how to fight crime, some people out there who know how
to root out and crack down on drug trafficking.
This center plays that role. I urge my colleagues to vote against
this amendment.
Mr. COBURN. Mr. President, how much time do I have remaining?
The PRESIDING OFFICER. There are 3 minutes 11 seconds.
Mr. COBURN. What you did not hear is what is the mission of the NDIC.
It has no mission. That is the problem. The agency running this center
says it should be closed--for very good reasons. It does not have an
international mandate. They have had people fired because they are
doing things that are outside of what restricted mission they have.
The one program that works is DOSX, and those people who are
functioning with DOSX have to go to wherever the information is, which
they are extracting in the investigation. None of that is done in
Johnstown. So if they travel, it doesn't matter where they start.
The point is, the people who work there, who have run it, the people
who are managing it, and the rest of the Drug Enforcement Agency and
the rest of our drug intelligence says it has no mission. It has
accomplished very little. I rest my case and would appreciate a vote.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There appears to
be a sufficient second.
The question is on agreeing to the amendment.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware Mr. (Biden) the
Senator from New York (Mrs. Clinton), and the Senator from Illinois
(Mr. Obama) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback) and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER (Mr. Pryor). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 26, nays 69, as follows:

[Rollcall Vote No. 356 Leg.]

YEAS--26

Alexander
Allard
Barrasso
Bunning
Burr
Carper
Coburn
Cornyn
DeMint
Dole
Ensign
Enzi
Feingold
Graham
Grassley
Inhofe
Kyl
Lott
Lugar
Martinez
McConnell
Rockefeller
Sessions
Sununu
Thune
Vitter

NAYS--69

Akaka
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Brown
Byrd
Cantwell
Cardin
Casey
Chambliss
Cochran
Coleman
Collins
Conrad
Corker
Craig
Crapo
Dodd
Domenici
Dorgan
Durbin
Feinstein
Gregg
Hagel
Harkin
Hatch
Hutchison
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Salazar
Sanders
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Voinovich
Warner
Webb
Whitehouse
Wyden

NOT VOTING--5

Biden
Brownback
Clinton
McCain
Obama
The amendment (No. 2196) was rejected.
Mr. LEVIN. Mr. President, I move to reconsider the vote.
Mr. WARNER. Mr. President, I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment Nos. 2902, 3000, 3041, 3073, 2127, as Modified; 3088, 2983,
3076, 2991, 2989, 3081, 3078, 3104, 2133, 3077, 2265, as Modified;
3087, 2954, 2049, 2101, 2261, 2074, 2000, 2161, 2925, 2912, 2066, 2984,
as Modified; 3075, as Modified; 3089, as Modified; 3090, 2993, as
Modified; 2872, as Modified; 2214, as Modified; 2942, as Modified, to
amendment No. 2011

Mr. LEVIN. Mr. President, I call up the managers' package at the
desk. This package has been agreed to in our unanimous consent
agreement. This is the package that is referred to in that unanimous
consent agreement.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were agreed to, as follows:

amendment no. 2902

(Purpose: To provide for an enhancement of the utility of the
Certificate of Release or Discharge from Active Duty of members of the
Armed Forces)

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

SEC. 594. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE
FROM ACTIVE DUTY.

The Secretary of Defense shall, in consultation with the
Secretary of Veterans Affairs, modify the Certificate of
Release or Discharge from Active Duty (Department of Defense
from DD214) in order to permit a member of the Armed Forces,
upon discharge or release from active duty in the Armed
Forces, to elect the forwarding of the Certificate to the
following:
(1) The Central Office of the Department of Veterans
Affairs in Washington, District of Columbia.
(2) The appropriate office of the United States Department
of Veterans in the State in which the member will first
reside after such discharge or release.

amendment no. 3000

(Purpose: To provide for the relocation of the Joint Spectrum Center in
Annapolis, Maryland, to Fort Meade. Maryland, and the termination of
the existing lease for the Center)

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

SEC. 2842. AUTHORITY TO RELOCATE THE JOINT SPECTRUM CENTER TO
FORT MEADE, MARYLAND.

(a) Authority to Carry Out Relocation Agreement.--If deemed
to be in the best interest of national security and to the
physical protection of personnel and missions of the
Department of Defense, the Secretary of Defense may carry out
an agreement to relocate the Joint Spectrum Center, a
geographically separated unit of the Defense Information
Systems Agency, from Annapolis, Maryland to Fort Meade,
Maryland or another military installation, subject to an
agreement between the lease holder and the Department of
Defense for equitable and appropriate terms to facilitate the
relocation.
(b) Authorization.--Any facility, road or infrastructure
constructed or altered on a military installation as a result
of the agreement must be authorized in accordance with
section 2802 of title 10, United States Code.
(c) Termination of Existing Lease.--Upon completion of the
relocation of the Joint Spectrum Center, all right, title,
and interest of the United States in and to the existing
lease for the Joint Spectrum Center shall

[[Page S12262]]

be terminated, as contemplated under Condition 29.B of the
lease.

Amendment no. 3041

(Purpose: To protect small high-tech firms)

At the end of title X, add the following:

SEC. 1070. SMALL HIGH-TECH FIRMS.

Section 9(m) of the Small Business Act (15 U.S.C. 638(m))
is amended by striking ``2008'' and inserting ``2010''.

amendment no. 3073

(Purpose: To provide for transparency and accountability in military
and security contracting)

At the end of subtitle E of title VIII, add the following:

SEC. 876. TRANSPARENCY AND ACCOUNTABILITY IN MILITARY AND
SECURITY CONTRACTING.

(a) Reports on Iraq and Afghanistan Contracts.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense, the Secretary of State, the Secretary
of the Interior, the Administrator of the United States
Agency for International Development, and the Director of
National Intelligence shall each submit to Congress a report
that contains the information, current as of the date of the
enactment of this Act, as follows:
(1) The number of persons performing work in Iraq and
Afghanistan under contracts (and subcontracts at any tier)
entered into by departments and agencies of the United States
Government, including the Department of Defense, the
Department of State, the Department of the Interior, and the
United States Agency for International Development,
respectively, and a brief description of the functions
performed by these persons.
(2) The companies awarded such contracts and subcontracts.
(3) The total cost of such contracts.
(4) A method for tracking the number of persons who have
been killed or wounded in performing work under such
contracts.
(b) Sense of the Senate.--It is the sense of the Senate
that the Secretary of Defense, the Secretary of State, the
Secretary of the Interior, the Administrator of the United
States Agency for International Development, and the Director
of National Intelligence should make their best efforts to
compile the most accurate accounting of the number of
civilian contractors killed or wounded in Iraq and
Afghanistan since October 1, 2001.
(c) Department of Defense Report on Strategy for and
Appropriateness of Activities of Contractors Under Department
of Defense Contracts in Iraq, Afghanistan, and the Global War
on Terror.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth the strategy of the
Department of Defense for the use of, and a description of
the activities being carried out by, contractors and
subcontractors working in Iraq and Afghanistan in support of
Department missions in Iraq, Afghanistan, and the Global War
on Terror, including its strategy for ensuring that such
contracts do not--
(1) have private companies and their employees performing
inherently governmental functions; or
(2) place contractors in supervisory roles over United
States Government personnel.

Amendment No. 2127, as modified

On page 236, line 8, strike ``and accounting for'' and
insert ``accounting for, and keeping appropriate records
of''.
On page 236, between lines 14 and 15, insert the following:
(C) a process for the registration and identification of
armored vehicles, helicopters, and other military vehicles
operated by contractors and subcontractors performing private
security functions in an area of combat operations;
On page 236, line 15, strike ``(C)'' and insert ``(D)''.
On page 236, beginning on line 15, strike ``for the
reporting of all incidents in which--'' and insert ``under
which contractors are required to report all incidents, and
persons other than contractors are permitted to report
incidents, in which--''.
On page 236, line 19, strike ``or''.
On page 236, strike line 22 and insert the following:
ations are filled or injured; or
(iii) persons are killed or injured, or property is
destroyed, as a result of conduct by contractor personnel;
On page 236, line 23, strike ``(D)'' and insert ``(E)''.
On page 236, line 23, strike ``investigating--'' and insert
``the independent review and, where appropriate,
investigation of--''.
On page 236, line 25, strike ``(C)'' and insert ``(D)''.
On page 237, line 4, strike ``(E)'' and insert ``(F)''.
On page 237, line 8, strike ``(F)'' and insert ``(G)''.
On page 237, strike line 15 and insert the following:
(ii) predeployment training requirements for personnel
performing private security functions in an area of combat
operations, addressing the requirements of this section,
resources and assistance available to contractor personnel,
country information and cultural training, and guidance on
working with host country nationals and military; and
On page 237, line 16, strike ``(ii)'' and insert ``(iii)''.
On page 237, line 16, strike ``rules of engagement'' and
insert ``rules on the use of force''.
On page 237, line 18, strike ``and'' at the end.
On page 237, line 19, strike ``(G)'' and insert ``(H)''.
On page 237, line 21, strike the period at the end and
insert the following: ``; and
(I) a process by which the Department of Defense shall
implement the training requirements referred to in
subparagraph (G)(ii).
(3) Availability of orders, directives, and instructions.--
The regulations prescribed under subsection (a) shall include
mechanisms to ensure the provision and availability of the
orders, directives, and instructions referred to in paragraph
(2)(G)(i) to contractors and subcontractors referred to in
that paragraph, including through the maintenance of a single
location (including an Internet website) at or through which
such contractors and subcontractors may access such orders,
directives, and instructions.
On page 238, beginning on line 15, strike ``and accounting
for'' and insert ``accounting for, and keeping appropriate
records of''.
On page 238, strike line 23 and insert the following:
ations;
(iii) registration and identification of armored vehicles,
helicopters, and other military vehicles operated by
contractors and subcontractors performing private security
functions in an area of combat operations; and
On page 238, line 24, strike ``(iii)'' and insert ``(iv)''.
On page 239, line 4, strike ``or''.
On page 239, strike line 7 and insert the following:

bat operations are killed or injured; or
(III) persons are killed or injured, or property is
destroyed, as a result of conduct by contractor personnel;

On page 239, line 10, strike ``comply with--'' and insert
``are briefed on and understand their obligation to comply
with--''.
On page 240, line 3, strike ``rules of engagement'' and
insert ``rules on the use of force''.

amendment no. 3088

(Purpose: To require a report on medical physical examinations of
members of the Armed Forces before their deployment)

At the end of title VII, add the following:

SEC. 703. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS
OF THE ARMED FORCES BEFORE THEIR DEPLOYMENT.

Not later than April 1, 2008, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting
forth the following:
(1) The results of a study of the frequency of medical
physical examinations conducted by each component of the
Armed Forces (including both the regular components and the
reserve components of the Armed Forces) for members of the
Armed Forces within such component before their deployment.
(2) A comparison of the policies of the military
departments concerning medical physical examinations of
members of the Armed Forces before their deployment,
including an identification of instances in which a member
(including a member of a reserve component) may be required
to undergo multiple physical examinations, from the time of
notification of an upcoming deployment through the period of
preparation for deployment.
(3) A model of, and a business case analysis for, each of
the following:
(A) A single predeployment physical examination for members
of the Armed Forces before their deployment.
(B) A single system for tracking electronically the results
of examinations under subparagraph (A) that can be shared
among the military departments and thereby eliminate
redundancy of medical physical examinations for members of
the Armed Forces before their deployment.

amendment no. 2983

(Purpose: To modify authorities relating to the Office of the Special
Inspector General for Iraq Reconstruction)

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

SEC. 1535. MODIFICATION OF AUTHORITIES RELATED TO THE OFFICE
OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ
RECONSTRUCTION.

(a) Termination Date.--Subsection (o)(1) of section 3001 of
the Emergency Supplemental Appropriations Act for Defense and
for the Reconstruction of Iraq and Afghanistan, 2004 (Public
Law 108-106; 117 Stat. 1238; 5 U.S.C. App., note to section
8G of Public Law 95-452), as amended by section 1054(b) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2397), section 2 of
the Iraq Reconstruction Accountability Act of 2006 (Public
Law 109-440), and section 3801 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 147)
is amended to read as follows:
``(1) The Office of the Inspector General shall terminate
90 days after the balance of funds appropriated or otherwise
made available for the reconstruction of Iraq is less than
$250,000,000.''.
(b) Jurisdiction Over Reconstruction Funds.--Such section
is further amended by adding at the end the following new
subsection:
``(p) Rule of Construction.--For purposes of carrying out
the duties of the Special Inspector General for Iraq
Reconstruction, any

[[Page S12263]]

United States funds appropriated or otherwise made available
for fiscal years 2006 through 2008 for the reconstruction of
Iraq, irrespective of the designation of such funds, shall be
deemed to be amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund.''.
(c) Hiring Authority.--Subsection (h)(1) of such section is
amended by inserting after ``pay rates'' the following: ``,
and may exercise the authorities of subsections (b) through
(i) of section 3161 of title 5, United States Code (without
regard to subsection (a) of such section)''.

amendment no. 3076

(Purpose: To require a report on family reunions between United States
citizens and their relatives in North Korea)

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

SEC. 1234. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES
CITIZENS AND THEIR RELATIVES IN NORTH KOREA.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on family reunions between United States
citizens and their relatives in the Democratic People's
Republic of Korea.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An estimate of the current number of United States
citizens with relatives in North Korea, and an estimate of
the current number of such United States citizens who are
more than 70 years of age.
(2) An estimate of the number of United States citizens who
have traveled to North Korea for family reunions.
(3) An estimate of the amounts of money and aid that went
from the Korean-American community to North Korea in 2007.
(4) A summary of any allegations of fraud by third-party
brokers in arranging family reunions between United States
citizens and their relatives in North Korea.
(5) A description of the efforts, if any, of the President
to facilitate reunions between the United States citizens and
their relatives in North Korea, including the following:
(A) Negotiating with the Democratic People's Republic of
Korea to permit family reunions between United States
citizens and their relatives in North Korea.
(B) Planning, in the event of a normalization of relations
between the United States and the Democratic People's
Republic of Korea, to dedicate personnel and resources at the
United States embassy in Pyongyang, Democratic People's
Republic of Korea, to facilitate reunions between United
States citizens and their relatives in North Korea.
(C) Informing Korean-American families of fraudulent
practices by certain third-party brokers who arrange reunions
between United States citizens and their relatives in North
Korea, and seeking an end to such practices.
(D) Developing standards for safe and transparent family
reunions overseas involving United States citizens and their
relatives in North Korea.
(6) What additional efforts in the areas described in
paragraph (5), if any, the President would consider desirable
and feasible.

amendment no. 2991

(Purpose: To require the Secretary of State and the Secretary of
Defense to prepare reports assessing capabilities to provide training
and guidance to the command of an international intervention force that
seeks to prevent mass atrocities)

At the end of title XII, add the following:

SEC. 1234. REPORTS ON PREVENTION OF MASS ATROCITIES.

(a) Department of State Report.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of State
shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report assessing the capability of the Department of State
to provide training and guidance to the command of an
international intervention force that seeks to prevent mass
atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of State to prepare for the training and guidance
of the command of an international intervention force.
(B) An assessment of the role played by the United States
in developing the ``responsibility to protect'' doctrine
described in paragraphs 138 through 140 of the outcome
document of the High-level Plenary Meeting of the General
Assembly adopted by the United Nations in September 2005, and
an update on actions taken by the United States Mission to
the United Nations to discuss, promote, and implement such
doctrine.
(C) An assessment of the potential capability of the
Department of State and other Federal departments and
agencies to support the development of new doctrines for the
training and guidance of an international intervention force
in keeping with the ``responsibility to protect'' doctrine.
(D) Recommendations as to the steps necessary to allow the
Secretary of State to provide more effective training and
guidance to an international intervention force.
(b) Department of Defense Report.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report assessing the capability of the Department of
Defense to provide training and guidance to the command of an
international intervention force that seeks to prevent mass
atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of Defense to prepare for the training and guidance
of the command of an international intervention force.
(B) An assessment of the potential capability of the
Department of Defense and other Federal departments and
agencies to support the development of new doctrines for the
training and guidance of an international intervention force
in keeping with the ``responsibility to protect'' doctrine.
(C) Recommendations as to the steps necessary to allow the
Secretary of Defense to provide more effective training and
guidance to an international intervention force.
(D) A summary of any assessments or studies of the
Department of Defense or other Federal departments or
agencies relating to ``Operation Artemis'', the 2004 French
military deployment and intervention in the eastern region of
the Democratic Republic of Congo to protect civilians from
local warring factions.
(c) International Intervention Force.--For the purposes of
this section, ``international intervention force'' means a
military force that--
(1) is authorized by the United Nations; and
(2) has a mission that is narrowly focused on the
protection of civilian life and the prevention of mass
atrocities such as genocide.

amendment no. 2989

(Purpose: To provide accurate monitoring and tracking of weapons
provided to the Government of Iraq and other individuals and groups in
Iraq)

At the end of title XV, add the following:

SEC. 1535. TRACKING AND MONITORING OF DEFENSE ARTICLES
PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER
INDIVIDUALS AND GROUPS IN IRAQ.

(a) Export and Transfer Control Policy.--The President, in
coordination with the Secretary of State and the Secretary of
Defense, shall implement a policy to control the export and
transfer of defense articles into Iraq, including
implementation of the registration and monitoring system
under subsection (c).
(b) Requirement To Implement Control System.--
Notwithstanding any other provision of law, no defense
articles may be provided to the Government of Iraq or any
other group, organization, citizen, or resident of Iraq until
the Secretary of State certifies that a registration and
monitoring system meeting the requirements set forth in
subsection (c) has been established.
(c) Registration and Monitoring System.--The registration
and monitoring system required under this section shall
include--
(1) the registration of the serial numbers of all small
arms provided to the Government of Iraq or to other groups,
organizations, citizens, or residents of Iraq;
(2) a program of enhanced end-use monitoring of all lethal
defense articles provided to such entities or individuals;
and
(3) a detailed record of the origin, shipping, and
distribution of all defense articles transferred under the
Iraq Security Forces Fund or any other security assistance
program to such entities or individuals in Iraq.
(d) Review.--The President shall periodically review the
items subject to the registration and monitoring requirements
under subsection (c) to determine what items, if any, no
longer warrant export controls under such subsection. The
results of such reviews shall be reported to the Speaker of
the House of Representatives and to the Committee on Foreign
Relations, the Committee on Armed Services, and the Committee
on Banking, Housing, and Urban Affairs of the Senate. The
President may not exempt any item from such requirements
until 30 days after the date on which the President has
provided notice of the proposed removal to the Committee on
Foreign Affairs of the House of Representatives and to the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate in accordance with the procedures
applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1). Such notice shall describe the nature of any
controls to be imposed on that item under any other provision
of law.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403)(d)).
(2) Small arms.--The term ``small arms'' means--
(A) handguns;
(B) shoulder-fired weapons;
(C) light automatic weapons up to and including .50 caliber
machine guns;
(D) recoilless rifles up to and including 106mm;
(E) mortars up to and including 81mm;
(F) rocket launchers, man-portable;
(G) grenade launchers, rifle and shoulder fired; and
(H) individually operated weapons which are portable or can
be fired without special

[[Page S12264]]

mounts or firing devices and which have potential use in
civil disturbances and are vulnerable to theft.
(f) Effective Date.--This section shall take effect 90 days
after the date of the enactment of this Act, unless the
President certifies in writing to Congress that it is in the
vital interest of the United States to delay the effective
date of this section by an additional period of up to 90
days, including an explanation of such vital interest, in
which case the section shall take effect on such later
effective date.

amendment no. 3081

(The Amendment is printed in today's Record under ``Text of
Amendments.)

amendment no. 3078

(Purpose: Relating to administrative separations of members of the
Armed Forces for personality disorder)

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

SEC. 594. ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED
FORCES FOR PERSONALITY DISORDER.

(a) Clinical Review of Administrative Separations Based on
Personality Disorder.--
(1) Review of separations of certain members.--Not later
than 30 days after the date of the enactment of this Act, and
continuing until the Secretary of Defense submits to Congress
the report required by subsection (b), a covered member of
the Armed Forces may not, except as provided in paragraph
(2), be administratively separated from the Armed Forces on
the basis of a personality disorder.
(2) Clinical review of proposed separations based on
personality disorder.--
(A) In general.--A covered member of the Armed Forces may
be administratively separated from the Armed Forces on the
basis of a personality disorder under this paragraph if a
clinical review of the case is conducted by a senior officer
in the office of the Surgeon General of the Armed Force
concerned who is a credentialed mental health provider and
who is fully qualified to review cases involving maladaptive
behavior (personality disorder), diagnosis and treatment of
post-traumatic stress disorder, or other mental health
conditions.
(B) Purposes of review.--The purposes of the review with
respect to a member under subparagraph (A) are as follows:
(i) To determine whether the diagnosis of personality order
in the member is correct and fully documented.
(ii) To determine whether evidence of other mental health
conditions (including depression, post-traumatic stress
disorder, substance abuse, or traumatic brain injury)
resulting from service in a combat zone may exist in the
member which indicate that the separation of the member from
the Armed Forces on the basis of a personality disorder is
inappropriate pending diagnosis and treatment, and, if so,
whether initiation of medical board procedures for the member
is warranted.
(b) Secretary of Defense Report on Administrative
Separations Based on Personality Disorder.--
(1) Report required.--Not later than April 1, 2008, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on all cases of administrative separation from the
Armed Forces of covered members of the Armed Forces on the
basis of a personality disorder.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A statement of the total number of cases, by Armed
Force, in which covered members of the Armed Forces have been
separated from the Armed Forces on the basis of a personality
disorder, and an identification of the various forms of
personality order forming the basis for such separations.
(B) A statement of the total number of cases, by Armed
Force, in which covered members of the Armed Forces who have
served in Iraq and Afghanistan since October 2001 have been
separated from the Armed Forces on the basis of a personality
disorder, and the identification of the various forms of
personality disorder forming the basis for such separations.
(C) A summary of the policies, by Armed Forces, controlling
administrative separations of members of the Armed Forces
based on personality disorder, and an evaluation of the
adequacy of such policies for ensuring that covered members
of the Armed Forces who may be eligible for disability
evaluation due to mental health conditions are not separated
from the Armed Forces prematurely or unjustly on the basis of
a personality order.
(D) A discussion of measures being implemented to ensure
that members of the Armed Forces who should be evaluated for
disability separation or retirement due to mental health
conditions are not prematurely or unjustly processed for
separation from the Armed Forces on the basis of a
personality disorder, and recommendations regarding how
members of the Armed Forces who may have been so separated
from the Armed Forces should be provided with expedited
review by the applicable board for the correction of military
records.
(c) Comptroller General Report on Policies on
Administrative Separation Based on Personality Disorder.--
(1) Report required.--Not later than June 1, 2008, the
Comptroller General shall submit to Congress a report on the
policies and procedures of the Department of Defense and of
the military departments relating to the separation of
members of the Armed Forces based on a personality disorder.
(2) Elements.--The report required by paragraph (1) shall--
(A) include an audit of a sampling of cases to determine
the validity and clinical efficacy of the policies and
procedures referred to in paragraph (1) and the extent, if
any, of the divergence between the terms of such policies and
procedures and the implementation of such policies and
procedures; and
(B) include a determination by the Comptroller General of
whether, and to what extent, the policies and procedures
referred to in paragraph (1)--
(i) deviate from standard clinical diagnostic practices and
current clinical standards; and
(ii) provide adequate safeguards aimed at ensuring that
members of the Armed Forces who suffer from mental health
conditions (including depression, post-traumatic stress
disorder, or traumatic brain injury) resulting from service
in a combat zone are not prematurely or unjustly separated
from the Armed Forces on the basis of a personality disorder.
(d) Covered Member of the Armed Forces Defined.--In this
section, the term ``covered member of the Armed
Forces''includes the following:
(1) Any member of a regular component of the Armed Forces
of the Armed Forces who has served in Iraq or Afghanistan
since October 2001.
(2) Any member of the Selected Reserve of the Ready Reserve
of the Armed Forces who served on active duty in Iraq or
Afghanistan since October 2001.

amendment no. 3104

(Purpose: To express the sense of Congress on the Air Force strategy
for the replacement of the aerial refueling tanker aircraft fleet)

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

SEC. 143. SENSE OF CONGRESS ON THE AIR FORCE STRATEGY FOR THE
REPLACEMENT OF THE AERIAL REFUELING TANKER
AIRCRAFT FLEET.

(a) Findings.--Congress makes the following findings:
(1) A properly executed comprehensive strategy to replace
Air Force tankers will allow the United States military to
continue to project combat capability anywhere in the world
on short notice without relying on intermediate bases for
refueling.
(2) With an average age of 45 years, it is estimated that
it will take over 30 years to replace the KC-135 aircraft
fleet with the funding currently in place.
(3) In addition to the KC-X program of record, which
supports the tanker replacement strategy, the Air Force
should immediately pursue that part of the tanker replacement
strategy that would support, augment, or enhance the Air
Force air refueling mission, such as Fee-for-Service support
or modifications and upgrades to maintain the viability of
the KC-135 aircraft force structure as the Air Force
recapitalizes the tanker fleet.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the timely modernization of the Air Force aerial
refueling tanker fleet is a vital national security priority;
and
(2) in furtherance of meeting this priority, the Secretary
of the Air Force has initiated, and Congress approves of, a
comprehensive strategy for replacing the aerial refueling
tanker aircraft fleet, which includes the following elements:
(A) Replacement of the aging tanker aircraft fleet with
newer and improved capabilities under the KC-X program of
record which supports the tanker replacement strategy,
through the purchase of new commercial derivative aircraft.
(B) Sustainment and extension of the legacy tanker aircraft
fleet until replacement through depot-type modifications and
upgrades of KC-135 aircraft and KC-10 aircraft.
(C) Augmentation of the aerial refueling capability through
aerial refueling Fee-for-Service.

amendment no. 2133

(Purpose: To modify the calculation of back pay for persons who were
approved for promotion as members of the Navy and Marine Corps while
interned as prisoners of war during World War II to take into account
changes in the Consumer Price Index)

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

SEC. 683. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF
NAVY AND MARINE CORPS SELECTED FOR PROMOTION
WHILE INTERNED AS PRISONERS OF WAR DURING WORLD
WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER
PRICE INDEX.

(a) Modification.--Section 667(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-170)
is amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid
to or for that person, calculated on the

[[Page S12265]]

basis of the Consumer Price Index (all items--United States
city average) published monthly by the Bureau of Labor
Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this
Act, the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection
(a); and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the
surviving spouse of the person, an amount equal to the
excess.

amendment no. 3077

(Purpose: Relating to the Littoral Combat Ship program)

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

SEC. 132. LITTORAL COMBAT SHIP (LCS) PROGRAM.

(a) Findings.--Congress makes the following findings:
(1) The plan of the Chief of Naval Operations to
recapitalize the United States Navy to at least 313 battle
force ships is essential for meeting the long-term
requirements of the National Military Strategy.
(2) Fiscal challenges to the plan to build a 313-ship fleet
require that the Navy exercise discipline in determining
warfighter requirements and responsibility in estimating,
budgeting, and controlling costs.
(3) The 55-ship Littoral Combat Ship (LCS) program is
central to the shipbuilding plan of the Navy. The inability
of the Navy to control requirements and costs on the two lead
ships of the Littoral Combat Ship program raises serious
concerns regarding the capacity of the Navy to affordably
build a 313-ship fleet.
(4) According to information provided to Congress by the
Navy, the cost growth in the Littoral Combat Ship program was
attributable to several factors, most notably that--
(A) the strategy adopted for the Littoral Combat Ship
program, a so-called ``concurrent design-build'' strategy,
was a high-risk strategy that did not account for that risk
in the cost and schedule for the lead ships in the program;
(B) inadequate emphasis was placed on ``bid realism'' in
the evaluation of contract proposals under the program;
(C) late incorporation of Naval Vessel Rules into the
program caused significant design delays and cost growth;
(D) the Earned Value Management System of the contractor
under the program did not adequately measure shipyard
performance, and the Navy program organizations did not
independently assess cost performance;
(E) the Littoral Combat Ship program organization was
understaffed and lacking in the experience and qualifications
required for a major defense acquisition program;
(F) the Littoral Combat Ship program organization was aware
of the increasing costs of the Littoral Combat Ship program,
but did not communicate those cost increases directly to the
Assistant Secretary of the Navy in a time manner; and
(G) the relationship between the Naval Sea Systems Command
and the program executive offices for the program was
dysfunctional.
(b) Requirement.--In order to halt further cost growth in
the Littoral Combat Ship program, costs and government
liability under future contracts under the Littoral Combat
Ship program shall be limited as follows:
(1) Limitation of costs.--The total amount obligated or
expended for the procurement costs of the fifth and sixth
vessels in the Littoral Combat Ship (LCS) class of vessels
shall not exceed $460,000,000 per vessel.
(2) Procurement costs.--For purposes of paragraph (1),
procurement costs shall include all costs for plans, basic
construction, change orders, electronics, ordnance,
contractor support, and other costs associated with
completion of production drawings, ship construction, test,
and delivery, including work performed post-delivery that is
required to meet original contract requirements.
(3) Contract type.--The Navy shall employ a fixed-price
type contract for construction of the fifth and following
ships of the Littoral Combat Ship class of vessels.
(4) Limitation of government liability.--The Navy shall not
enter into a contract, or modify a contract, for construction
of the fifth or sixth vessel of the Littoral Combat Ship
class of vessels if the limitation of the Government's cost
liability, when added to the sum of other budgeted
procurement costs, would exceed $460,000,000 per vessel.
(5) Adjustment of limitation amount.--The Secretary of the
Navy may adjust the amount set forth in paragraphs (1) and
(4) for either vessel referred to in such paragraph by the
following:
(A) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2007.
(B) The amounts of outfitting costs and costs required to
complete post-delivery test and trials.
(c) Repeal of Superseded Authority.--Section 124 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3157) is repealed.

amendment no. 2265, as modified

On page 299, line 7, strike ``fifth fiscal year'' and
insert ``fourth fiscal year''.
On page 299, line 9, strike ``fifth fiscal year'' and
insert ``fourth fiscal year''.

Amendment no. 3087

(Purpose: To require reports on the utilization of tuition assistance
benefits by members of the Armed Forces)

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

SEC. 673. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY
MEMBERS OF THE ARMED FORCES.

(a) Reports Required.--Not later than April 1, 2008, the
Secretary of each military department shall submit to the
congressional defense committees a report on the utilization
of tuition assistance by members of the Armed Forces, whether
in the regular components of the Armed Forces or the reserve
components of the Armed Forces, under the jurisdiction of
such military department during fiscal year 2007.
(b) Elements.--The report with respect to a military
department under subsection (a) shall include the following:
(1) Information on the policies of such military department
for fiscal year 2007 regarding utilization of, and limits on,
tuition assistance by members of the Armed Forces under the
jurisdiction of such military department, including an
estimate of the number of members of the reserve components
of the Armed Forces under the jurisdiction of such military
department whose requests for tuition assistance during that
fiscal year were unfunded.
(2) Information on the policies of such military department
for fiscal year 2007 regarding funding of tuition assistance
for each of the regular components of the Armed Forces and
each of the reserve components of the Armed Forces under the
jurisdiction of such military department.

Amendment no. 2954

(Purpose: To increase the amount authorized to repair, restore, and
preserve the Lafayette Escadrille Memorial in Marnes-la-Coquette,
France)

At the end of title X, add the following:

SEC. 1070. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND
PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL,
MARNES-LA-COQUETTE, FRANCE.

Section 1065 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1233) is
amended--
(1) in subsection (a)(2), by striking ``$2,000,000'' and
inserting ``$2,500,000''; and
(2) in subsection (e), by striking ``under section
301(a)(4)''.

Amendment no. 2049

(Purpose: To modify the effective date of applicability of he
commencement or receipt of non-regular service retired pay)

On page 155, beginning on line 18, strike ``the date of the
enactment of this subsection'' and insert ``September 11,
2001''.

amendment no. 2101

(Purpose: To enhance education benefits for certain members of the
reserve components)

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

SEC. 673. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN
MEMBERS OF RESERVE COMPONENTS.

(a) Accelerated Payment of Educational Assistance for
Members of the Selected Reserve.--
(1) In general.--Chapter 1606 of title 10, United States
Code, is amended by inserting after section 16131 the
following new section:

``Sec. 16131A. Accelerated payment of educational assistance

``(a) The educational assistance allowance payable under
section 16131 of this title with respect to an eligible
person described in subsection (b) may, upon the election of
such eligible person, be paid on an accelerated basis in
accordance with this section.
``(b) An eligible person described in this subsection is a
person entitled to educational assistance under this chapter
who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an
associate, bachelors, masters, or other degree, subject to
subsection (g); and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions
thereof) in the enrollment period, exceeds the amount equal
to 200 percent of the monthly rate of educational assistance
allowance otherwise payable with respect to the person under
section 16131 of this title.
``(c)(1) The amount of the accelerated payment of
educational assistance payable with respect to an eligible
person making an election under subsection (a) for a program
of education shall be the lesser of--
``(A) the amount equal to 60 percent of the established
charges for the program of education; or
``(B) the aggregate amount of educational assistance
allowance to which the person remains entitled under this
chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in
subparagraph (B), the term `established charges', in the case
of a program of education, means the actual charges (as
determined pursuant to regulations prescribed by the
Secretary) for tuition and fees which similarly circumstanced
individuals who are not eligible for benefits under this
chapter and who are enrolled in the program of education
would be required to pay. Established

[[Page S12266]]

charges shall be determined on the following basis:
``(i) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term,
quarter, or semester.
``(ii) In the case of an individual enrolled in a program
of education not offered on a term, quarter, or semester
basis, the tuition and fees charged the individual for the
entire program of education.
``(B) In this subsection, the term `established charges'
does not include any fees or payments attributable to the
purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational
assistance allowance is elected by an eligible person under
subsection (a) shall certify to the Secretary of Veterans
Affairs the amount of the established charges for the program
of education.
``(d) An accelerated payment of educational assistance
allowance made with respect to an eligible person under this
section for a program of education shall be made not later
than the last day of the month immediately following the
month in which the Secretary of Veterans Affairs receives a
certification from the educational institution regarding--
``(1) the person's enrollment in and pursuit of the program
of education; and
``(2) the amount of the established charges for the program
of education.
``(e)(1) Except as provided in paragraph (2), for each
accelerated payment of educational assistance allowance made
with respect to an eligible person under this section, the
person's entitlement to educational assistance under this
chapter shall be charged the number of months (and any
fraction thereof) determined by dividing the amount of the
accelerated payment by the full-time monthly rate of
educational assistance allowance otherwise payable with
respect to the person under section 16131 of this title as of
the beginning date of the enrollment period for the program
of education for which the accelerated payment is made.
``(2) If the monthly rate of educational assistance
allowance otherwise payable with respect to an eligible
person under section 16131 of this title increases during the
enrollment period of a program of education for which an
accelerated payment of educational assistance allowance is
made under this section, the charge to the person's
entitlement to educational assistance under this chapter
shall be determined by prorating the entitlement chargeable,
in the manner provided for under paragraph (1), for the
periods covered by the initial rate and increased rate,
respectively, in accordance with regulations prescribed by
the Secretary of Veterans Affairs.
``(f) The Secretary of Veterans Affairs shall prescribe
regulations to carry out this section. The regulations shall
include requirements, conditions, and methods for the
request, issuance, delivery, certification of receipt and
use, and recovery of overpayment of an accelerated payment of
educational assistance allowance under this section. The
regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary
of Veterans Affairs considers appropriate for purposes of
this section.
``(g) The aggregate amount of educational assistance
payable under this section in any fiscal year for enrollments
covered by subsection (b)(1) may not exceed $4,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1606 of such title is amended by
inserting after the item relating to section 16131 the
following new item:

``16131A. Accelerated payment of educational assistance.''.

(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2008, and shall only apply to
initial enrollments in approved programs of education after
such date.
(b) Accelerated Payment of Educational Assistance for
Reserve Component Members Supporting Contingency Operations
and Other Operations.--
(1) In general.--Chapter 1607 of title 10, United States
Code, is amended by inserting after section 16162 the
following new section:

``Sec. 16162A. Accelerated payment of educational assistance

``(a) The educational assistance allowance payable under
section 16162 of this title with respect to an eligible
member described in subsection (b) may, upon the election of
such eligible member, be paid on an accelerated basis in
accordance with this section.
``(b) An eligible member described in this subsection is a
member of a reserve component entitled to educational
assistance under this chapter who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an
associate, bachelors, masters, or other degree, subject to
subsection (g); and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions
thereof) in the enrollment period, exceeds the amount equal
to 200 percent of the monthly rate of educational assistance
allowance otherwise payable with respect to the member under
section 16162 of this title.
``(c)(1) The amount of the accelerated payment of
educational assistance payable with respect to an eligible
member making an election under subsection (a) for a program
of education shall be the lesser of--
``(A) the amount equal to 60 percent of the established
charges for the program of education; or
``(B) the aggregate amount of educational assistance
allowance to which the member remains entitled under this
chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in
subparagraph (B), the term `established charges', in the case
of a program of education, means the actual charges (as
determined pursuant to regulations prescribed by the
Secretary) for tuition and fees which similarly circumstanced
individuals who are not eligible for benefits under this
chapter and who are enrolled in the program of education
would be required to pay. Established charges shall be
determined on the following basis:
``(i) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term,
quarter, or semester.
``(ii) In the case of an individual enrolled in a program
of education not offered on a term, quarter, or semester
basis, the tuition and fees charged the individual for the
entire program of education.
``(B) In this subsection, the term `established charges'
does not include any fees or payments attributable to the
purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational
assistance allowance is elected by an eligible member under
subsection (a) shall certify to the Secretary of Veterans
Affairs the amount of the established charges for the program
of education.
``(d) An accelerated payment of educational assistance
allowance made with respect to an eligible member under this
section for a program of education shall be made not later
than the last day of the month immediately following the
month in which the Secretary of Veterans Affairs receives a
certification from the educational institution regarding--
``(1) the member's enrollment in and pursuit of the program
of education; and
``(2) the amount of the established charges for the program
of education.
``(e)(1) Except as provided in paragraph (2), for each
accelerated payment of educational assistance allowance made
with respect to an eligible member under this section, the
member's entitlement to educational assistance under this
chapter shall be charged the number of months (and any
fraction thereof) determined by dividing the amount of the
accelerated payment by the full-time monthly rate of
educational assistance allowance otherwise payable with
respect to the member under section 16162 of this title as of
the beginning date of the enrollment period for the program
of education for which the accelerated payment is made.
``(2) If the monthly rate of educational assistance
allowance otherwise payable with respect to an eligible
member under section 16162 of this title increases during the
enrollment period of a program of education for which an
accelerated payment of educational assistance allowance is
made under this section, the charge to the member's
entitlement to educational assistance under this chapter
shall be determined by prorating the entitlement chargeable,
in the manner provided for under paragraph (1), for the
periods covered by the initial rate and increased rate,
respectively, in accordance with regulations prescribed by
the Secretary of Veterans Affairs.
``(f) The Secretary of Veterans Affairs shall prescribe
regulations to carry out this section. The regulations shall
include requirements, conditions, and methods for the
request, issuance, delivery, certification of receipt and
use, and recovery of overpayment of an accelerated payment of
educational assistance allowance under this section. The
regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary
of Veterans Affairs considers appropriate for purposes of
this section.
``(g) The aggregate amount of educational assistance
payable under this section in any fiscal year for enrollments
covered by subsection (b)(1) may not exceed $3,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1607 of such title is amended by
inserting after the item relating to section 16162 the
following new item:

``16162A. Accelerated payment of educational assistance.''.

(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2008, and shall only apply to
initial enrollments in approved programs of education after
such date.
(c) Enhancement of Educational Assistance for Reserve
Component Members Supporting Contingency Operations and Other
Operations.--
(1) Assistance for three years cumulative service.--
Subsection (c)(4)(C) of section 16162 of title 10, United
States Code, is amended by striking ``for two continuous
years or more.'' and inserting ``for--
``(i) two continuous years or more; or
``(ii) an aggregate of three years or more.''.
(2) Contributions for increased amount of educational
assistance.--Such section is further amended by adding at the
end the following new subsection:
``(f) Contributions for Increased Amount of Educational
Assistance.--(1)(A) Any individual eligible for educational
assistance

[[Page S12267]]

under this section may contribute amounts for purposes of
receiving an increased amount of educational assistance as
provided for in paragraph (2).
``(B) An individual covered by subparagraph (A) may make
the contributions authorized by that subparagraph at any time
while a member of a reserve component, but not more
frequently than monthly.
``(C) The total amount of the contributions made by an
individual under subparagraph (A) may not exceed $600. Such
contributions shall be made in multiples of $20.
``(D) Contributions under this subsection shall be made to
the Secretary concerned. Such Secretary shall deposit any
amounts received as contributions under this subsection into
the Treasury as miscellaneous receipts.
``(2) Effective as of the first day of the enrollment
period following the enrollment period in which an individual
makes contributions under paragraph (1), the monthly amount
of educational assistance allowance applicable to such
individual under this section shall be the monthly rate
otherwise provided for under subsection (c) increased by--
``(A) an amount equal to $5 for each $20 contributed by
such individual under paragraph (1) for an approved program
of education pursued on a full-time basis; or
``(B) an appropriately reduced amount based on the amount
so contributed as determined under regulations that the
Secretary of Veterans Affairs shall prescribe, for an
approved program of education pursued on less than a full-
time basis.''.

Amendment No. 2261

(Purpose: To extend the period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force shaping
initiatives)

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

SEC. 673. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE FOR CERTAIN MEMBERS OF THE SELECTED
RESERVE AFFECTED BY FORCE SHAPING INITIATIVES.

Section 16133(b)(1)(B) of title 10, United States Code, is
amended by inserting ``or the period beginning on October 1,
2007, and ending on September 30, 2014,'' after ``December
31, 2001,''.

Amendment No. 2074

(Purpose: To modify the time limit for use of entitlement to
educational assistance for reserve component members supporting
contingency operations and other operations)

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

SEC. 673. MODIFICATION OF TIME LIMIT FOR USE OF ENTITLEMENT
TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT
MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND
OTHER OPERATIONS.

(a) Modification.--Section 16164(a) of title 10, United
States Code, is amended by striking ``this chapter while
serving--'' and all that follows and inserting ``this
chapter--
``(1) while the member is serving--
``(A) in the Selected Reserve of the Ready Reserve, in the
case of a member called or ordered to active service while
serving in the Selected Reserve; or
``(B) in the Ready Reserve, in the case of a member ordered
to active duty while serving in the Ready Reserve (other than
the Selected Reserve); and
``(2) in the case of a person who separates from the
Selected Reserve of the Ready Reserve after completion of a
period of active service described in section 16163 of this
title and completion of a service contract under other than
dishonorable conditions, during the 10-year period beginning
on the date on which the person separates from the Selected
Reserve.''.
(b) Conforming Amendment.--Paragraph (2) of section
16165(a) of such title is amended to read as follows:
``(2) when the member separates from the Ready Reserve as
provided in section 16164(a)(1) of this title, or upon
completion of the period provided for in section 16164(a)(2)
of this title, as applicable.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 28, 2004, as if included in the
enactment of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375),
to which such amendments relate.

amendment no. 2000

(Purpose: To repeal the requirement for reduction of survivor annuities
under the Survivor Benefit Plan by veterans' dependency and indemnity
compensation and to modify the date of paid-up coverage under the
Survivor Benefit Plan)

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

SEC. 656. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR
BENEFIT PLAN SURVIVOR ANNUITIES BY DEPENDENCY
AND INDEMNITY COMPENSATION.

(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph (C).
(C) In section 1452--
(i) in subsection (f)(2), by striking ``does not apply--''
and all that follows and inserting ``does not apply in the
case of a deduction made through administrative error.''; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``, 1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may
be paid to any person for any period before the effective
date provided under subsection (f) by reason of the
amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has
been in receipt of an annuity under the Survivor Benefit Plan
under subchapter II of chapter 73 of title 10, United States
Code, that is in effect before the effective date provided
under subsection (f) and that is adjusted by reason of the
amendments made by subsection (a) and who has received a
refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such
refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible
Spouses.--The Secretary of the military department concerned
shall restore annuity eligibility to any eligible surviving
spouse who, in consultation with the Secretary, previously
elected to transfer payment of such annuity to a surviving
child or children under the provisions of section
1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under
subsection (f). Such eligibility shall be restored whether or
not payment to such child or children subsequently was
terminated due to loss of dependent status or death. For the
purposes of this subsection, an eligible spouse includes a
spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having
attained age 55, or whose second or subsequent marriage has
been terminated by death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made
by this section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.

SEC. 657. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER SURVIVOR
BENEFIT PLAN.

(a) Survivor Benefit Plan.--Section 1452(j) of title 10,
United States Code, is amended by striking ``October 1,
2008'' and inserting ``October 1, 2007''.
(b) Retired Serviceman's Family Protection Plan.--Section
1436a of such title is amended by striking ``October 1,
2008'' and inserting ``October 1, 2007''.

AMENDMENT NO. 2161

(Purpose: To repeal the annual limit on the number of Reserve Officers'
Training Corps scholarships under the Army Reserve and Army National
Guard financial assistance program)

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

SEC. 555. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC
SCHOLARSHIPS UNDER ARMY RESERVE AND ARMY
NATIONAL GUARD FINANCIAL ASSISTANCE PROGRAM.

Section 2107a(h) of title 10, United States Code, is
amended by striking ``not more than 416 cadets each year
under this section, to include'' and inserting ``each year
under this section''.

AMENDMENT NO. 2925

(Purpose: To provide that veterans with service-connected disabilities
rated as total by virtue of unemployability shall be covered by the
termination of the phase-in of concurrent receipt of retired pay and
veterans disability compensation for military retirees).

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

SEC. 656. INCLUSION OF VETERANS WITH SERVICE-CONNECTED
DISABILITIES RATED AS TOTAL BY REASON OF
UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN
OF CONCURRENT RECEIPT OF RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION.

(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10,
United States Code, is amended by striking ``except that''
and all that follows and inserting ``except that payment of
retired pay is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on December
31, 2004, in the case of the following:
``(A) A qualified retiree receiving veterans' disability
compensation for a disability rated as 100 percent.
``(B) A qualified retiree receiving veterans' disability
compensation at the rate payable

[[Page S12268]]

for a 100 percent disability by reason of a determination of
individual unemployability.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on December 31, 2004.

AMENDMENT NO. 2912

(Purpose: Relating to increases in charges and fees for medical care)

At the end of title VII, add the following:

SEC. 703. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN
CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE
UNIFORMED SERVICES.

(a) Charges Under Contracts for Medical Care.--Section
1097(e) of title 10, United States Code, is amended by
striking ``September 30, 2007'' and inserting ``September 30,
2008''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such
title is amended by striking ``September 30, 2007'' and
inserting ``September 30, 2008''.
(c) Premiums Under TRICARE Coverage for Certain Members in
the Selected Reserve.--Section 1076d(d)(3) of such title is
amended by striking ``September 30, 2007'' and inserting
``September 30, 2008''.
(d) Premiums Under TRICARE Coverage for Members of the
Ready Reserve.--Section 1076b(e)(3) of such title is amended
by striking ``September 30, 2007'' and inserting ``September
30, 2008''.

SEC. 704. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.

During the period beginning on October 1, 2007, and ending
on September 30, 2008, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title
10, United States Code, for pharmaceutical agents available
through retail pharmacies covered by paragraph (2)(E)(ii) of
such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.

SEC. 705. SENSE OF CONGRESS ON FEES AND ADJUSTMENTS UNDER THE
TRICARE PROGRAM.

It is the sense of Congress that--
(1) career members of the uniformed services and their
families endure unique and extraordinary demands, and make
extraordinary sacrifices, over the course of 20-year to 30-
year careers in protecting freedom for all Americans;
(2) these demands and sacrifices are such that few
Americans are willing to accept them for a multi-decade
career;
(3) a primary benefit of enduring the extraordinary
sacrifices inherent in a military career is a system of
exceptional retirement benefits that a grateful Nation
provides for those who choose to subordinate much of their
personal life to the national interest for so many years;
(4) proposals to compare cash fees paid by retired military
members and their families to fees paid by civilians fail to
recognize adequately that military members prepay the
equivalent of very large advance premiums for health care in
retirement through their extended service and sacrifice, in
addition to cash fees, deductibles, and copayments;
(5) the Department of Defense and the Nation have a
committed obligation to provide health care benefits to
active duty, National Guard, Reserve and retired members of
the uniformed services and their families and survivors that
considerably exceeds the obligation of corporate employers to
provide health care benefits to their employees; and
(6) the Department of Defense has options to constrain the
growth of health care spending in ways that do not
disadvantage retired members of the uniformed services, and
should pursue any and all such options as a first priority.

Amendment No. 2066

(Purpose: To provide for the retention of reimbursement for the
provision of reciprocal fire protection services)

At the end of title X, add the following:

SEC. 1070. RETENTION OF REIMBURSEMENT FOR PROVISION OF
RECIPROCAL FIRE PROTECTION SERVICES.

Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat.
67; 42 U.S.C. 1856d) is amended--
(1) by striking ``Funds'' and inserting ``(a) Funds''; and
(2) by adding at the end the following new subsection:
``(b) Notwithstanding the provisions of subsection (a), all
sums received for any Department of Defense activity for fire
protection rendered pursuant to this Act shall be credited to
the appropriation fund or account from which the expenses
were paid. Amounts so credited shall be merged with funds in
such appropriation fund or account and shall be available for
the same purposes and subject to the same limitations as the
funds with which the funds are merged.''.

Amendment No. 2984, as modified

At the appropriate place, insert the following:

SEC. __. NATIONAL CENTER FOR HUMAN PERFORMANCE.

The scientific institute to perform research and education
in medicine and related sciences to enhance human performance
that is located at the Texas Medical Center shall hereafter
be known as the ``National Center for Human Performance''.
Nothing in this section shall be construed to convey on such
institute status as a center of excellence under the Public
Health Service Act or as a Center of the National Institutes
of Health under Title IV of such act.

Amendment No. 3075, as modified

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

SEC. 1535. IMPROVISED EXPLOSIVE DEVICE PROTECTION FOR
MILITARY VEHICLES.

(a) Procurement of Additional Mine Resistant Ambush
Protected Vehicles.--
(1) Additional amount for army other procurement.--The
amount authorized to be appropriated by section 1501(5) for
other procurement for the Army is hereby increased by
$23,600,000,000.
(2) Availability for procurement of additional mrap
vehicles.--Of the amount authorized to be appropriated by
section 1501(5) for other procurement for the Army, as
increased by paragraph (1), $23,600,000,000 may be available
for the procurement of 15,200 Mine Resistant Ambush Protected
(MRAP) Vehicles.

AMENDMENT NO. 3089, as modified

At the end of title VII, add the following:

SEC. 703. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR
MEMBERS OF THE ARMED FORCES PENDING RESOLUTION
OF SERVICE-RELATED MEDICAL CONDITIONS.

Section 1145(a) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``Transitional health
care'' and inserting ``Except as provided in paragraph (6),
transitional health care''; and
(2) by adding at the end the following new paragraph:
``(6) A member who has a medical condition relating to
service on active duty that warrants further medical care
shall be entitled to receive medical and dental care for such
medical condition as if the member were a member of the armed
forces on active duty until such medical condition is
resolved.
``(C) The Secretary concerned shall ensure that the Defense
Enrollment and Eligibility Reporting System (DEERS) is
continually updated in order to reflect the continuing
entitlement of members covered by subparagraph (B) to the
medical and dental care referred to in that subparagraph.''.

AMENDMENT NO. 3090

(Purpose: To enhance the computation of years of service for purposes
of retired pay for non-regular service)

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

SEC. 656. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF
RETIRED PAY FOR NON-REGULAR SERVICE.

Section 12733(3) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``before the year of service that includes October
30, 2007; and''; and
(3) by adding at the end the following new subparagraph:
``(D) 130 days in the year of service that includes October
30, 2007, and any subsequent year of service.''.

amendment no. 2993, as modified

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

SEC. 1535. SENSE OF CONGRESS ON THE CAPTURE OF OSAMA BIN
LADEN AND THE AL QAEDA LEADERSHIP.

It is the Sense of Congress that it should be the policy of
the United States Government that the foremost objective of
United States counterterrorist operations is to protect
United States persons and property from terrorist attacks by
capturing or killing Osama bin Laden, Ayman al-Zawahiri, and
other leaders of al Qaeda and destroying the al Qaeda
network.

AMENDMENT NO. 2872

Subtitle D--Iraq Refugee Crisis

SEC. 1541. SHORT TITLE.

This subtitle may be cited as the ``Refugee Crisis in Iraq
Act''.

SEC. 1542. PROCESSING MECHANISMS.

(a) In General.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall establish or
use existing refugee processing mechanisms in Iraq and in
countries, where appropriate, in the region in which--
(1) aliens described in section 1543 may apply and
interview for admission to the United States as refugees; and
(2) aliens described in section 1544(b) may apply and
interview for admission to United States as special
immigrants.
(b) Suspension.--The Secretary of State, in consultation
with the Secretary of Homeland of Security, may suspend in-
country processing for a period not to exceed 90 days. Such
suspension may be extended by the Secretary of State upon
notification to the Committee on the Judiciary of the Senate,
the Committee on Foreign Relations of the Senate, the
Committee on the Judiciary of the House of Representatives,
and the Committee on Foreign Affairs of the House of
Representatives. The Secretary of State shall submit a report
to the Committees of jurisdiction outlining the basis of such
suspension and any extensions.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
submit a report that contains the plans and assessment
described in paragraph (2) to--

[[Page S12269]]

(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(2) Contents.--The report submitted under paragraph (I)
shall--
(A) describe the Secretary's plans to establish the
processing mechanisms described in subsection (a);
(B) contain an assessment of in-country processing that
makes use of videoconferencing; and
(C) describe the Secretary of State's diplomatic efforts to
improve issuance of entry and exit visas or permits to United
States personnel and refugees.

SEC. 1543. UNITED STATES REFUGEE PROGRAM PROCESSING
PRIORITIES.

(a) In General.--Refugees of special humanitarian concern
eligible for Priority 2 processing under the refugee
resettlement priority system who may apply directly to the
United States Admission Program shall include--
(1) Iraqis who were or are employed by, or worked for the
United States Government, in Iraq;
(2) Iraqis who establish to the satisfaction of the
Secretary of State in coordination with the Secretary of
Homeland Security that they are or were employed in Iraq by--
(A) a media or nongovernmental organization headquartered
in the United States; or
(B) an organization or entity closely associated with the
United States mission in Iraq that has received United States
Government funding through an official and documented
contract, award, grant, or cooperative agreement; and
(3) spouses, children, and parents who are not accompanying
or following to join and sons, daughters, and siblings of
aliens described in paragraph (1) or section 1544(b)(1); and
(4) Iraqis who are members of a religious or minority
community, have been identified by the Department of State
with the concurrence of the Department of Homeland Security
as a persecuted group, and have close family members (as
described in section 201 (b)(2)(A)(i) or 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)
and 1153(a))) in the United States.
(b) Identification of Other Persecuted Groups.-- The
Secretary of State and the Secretary of Homeland Security are
authorized to identify other Priority 2 groups in Iraq.
(c) Ineligible Organizations and Entities.--Organizations
and entities described in section 1543 shall not include any
that appear on the Department of the Treasury's list of
Specially Designated Nationals or any entity specifically
excluded by the Secretary of Homeland Security, after
consultation with the Department of State and relevant
intelligence agencies.
(d) Aliens under this section who qualify for Priority 2
processing must meet the requirements of section 207 of the
Immigration and Nationality Act.

SEC. 1544. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

(a) In General.--Subject to subsection (c)(1) and
notwithstanding any other provision of law, for purposes of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
the Secretary of Homeland Security may provide an alien
described in subsection (b) with the status of a special
immigrant under section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)'', if the alien--
(1) or an agent acting on behalf of the alien, submits to
the Secretary a petition under section 204 of such Act (8
U.S.C. 1154) for classification under section 203(b)(4) of
such Act (8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant visa;
(3) is otherwise admissible to the United States for
permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4)); and
(4) cleared a background check and appropriate screening,
as determined by the Secretary of Homeland Security.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is a national of Iraq;
(B) was or is employed by, or worked for the United States
Government in Iraq, in or after 2003, for a period of not
less than 1 year;
(C) provided faithful and valuable service to the United
States Government, which is documented in a positive
recommendation or evaluation from the employee's senior
supervisor. Such evaluation or recommendation must be
accompanied by approval from the Chief of Mission or his
designee who shall conduct a risk assessment of the alien and
an independent review of records maintained by the hiring
organization or entity to confirm employment and faithful and
valuable service prior to approval of a petition under this
section; and
(D) has experienced or is experiencing an ongoing serious
threat as a consequence of their employment by the United
States Government.
(2) Spouses and children.--An alien is described in this
subsection if the alien is--
(A) the spouse or child of a principal alien described in
paragraph (l); and
(B) is accompanying or following to join the principal
alien in the United States.
(3) Treatment of surviving spouse or child--An alien shall
also fall within subsection (b) of section 1544 of this Act,
if--
(1) the alien was the spouse or child of a principal alien
who had an approved petition with the Secretary of Homeland
Security or the Secretary of State pursuant to section 1544
of this Act or section 1059 of the National Defense
Authorization Act for the Fiscal Year 2006, Public Law 109-
163, as amended by Public Law 110-36, which included the
alien as an accompanying spouse or child; and
(2) due to the death of the petitioning alien, such
petition was revoked or terminated (or otherwise rendered
null) after its approval.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
may not exceed 5,000 per year for each of the 5 fiscal years
beginning after the date of the enactment of this Act. The
authority provided by subsection (a) of this section shall
expire on September 30 of the fiscal year that is the fifth
fiscal year beginning after the date of enactment of this
Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against any numerical limitation under sections
20l(d), 202(a), or 203 (b)(4) of the Immigration and
Nationality Act (8 U.S.C. l15l(d), 1 152(a), and 1 1
53(b)(4)).
(3) Carry forward.--If the numerical limitation under
paragraph (1) is not reached during a given fiscal year, the
numerical limitation under paragraph (1) for the following
fiscal year shall be increased by a number equal to the
difference between--
(A) the number of visas authorized under paragraph (1) for
the given fiscal year; and
(B) the number of principal aliens provided special
immigrant status under this section during the given fiscal
year.
(d) Visa and Passport Issuance and Fees.--Neither the
Secretary of State nor the Secretary of Homeland Security may
charge an alien described in subsection (b) any fee in
connection with an application for, or issuance of, a special
immigrant visa. The Secretary of State shall make a
reasonable effort to ensure that aliens described in this
section who are issued special immigrant visas are provided
with the appropriate series Iraqi passport necessary to enter
the United States.
(e) Protection of Aliens.--The Secretary of State, in
consultation with other relevant Federal agencies, shall make
a reasonable effort to provide an alien described in this
section who is applying for a special immigrant visa with
protection or the immediate removal from Iraq, if possible,
of such alien if the Secretary determines after consultation
that such alien is in imminent danger.
(f) Definitions.--The terms defined in this Act shall have
the same meaning as those terms in the Immigration and
Nationality Act.
(g) Savings Provision.--Nothing in this section may be
construed to affect the authority of the Secretary of
Homeland Security under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163).

SEC. 1545. MINISTER COUNSELORS FOR IRAQI REFUGEES AND
INTERNALLY DISPLACED PERSONS.

(a) In General.--The Secretary of State shall establish in
the embassy of the United States located in Baghdad, Iraq, a
Minister Counselor for Iraqi Refugees and Internally
Displaced Persons (referred to in this section as the
``Minister Counselor for Iraq'').
(b) Duties.--The Minister Counselor for Iraq shall be
responsible for the oversight of processing for resettlement
of persons considered Priority 2 refugees of special
humanitarian concern, special immigrant visa programs in
Iraq, and the development and implementation of other
appropriate policies and programs concerning Iraqi refugees
and internally displaced persons. The Minister Counselor for
Iraq shall have the authority to refer persons to the United
States refugee resettlement program.
(c) Designation of Minister Counselors.--The Secretary of
State shall designate in the embassies of the United States
located in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and
Beirut, Lebanon a Minister Counselor to oversee resettlement
to the United States of persons considered Priority 2
refugees of special humanitarian concern in those countries
to ensure their applications to the United States refugee
resettlement program are processed in an orderly manner and
without delay.

SEC. 1546. COUNTRIES WITH SIGNIFICANT POPULATIONS OF
DISPLACED IRAQIS.

(a) In General.--With respect to each country with a
significant population of displaced Iraqis, including Iraq,
Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of
State shall--
(1) as appropriate, consult with other countries regarding
resettlement of the most vulnerable members of such refugee
populations; and
(2) as appropriate, except where otherwise prohibited by
the laws of the United States, develop mechanisms in and
provide assistance to countries with a significant population
of displaced Iraqis to ensure the well-being and safety of
such populations in their host environments.
(b) Numerical Limitations.--In determining the number of
Iraqi refugees who should be resettled in the United States
under sections (a) and (b) of section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157), the President shall
consult nongovernmental organizations that have a

[[Page S12270]]

presence in Iraq or experience in assessing the problems
faced by Iraqi refugees.
(c) Eligibility for Admission as Refugee.--No alien shall
be denied the opportunity to apply for admission under this
section solely because such alien qualifies as an immediate
relative or is eligible for classification as a special
immigrant.

SEC. 1547. DENIAL OR TERMINATION OF ASYLUM.

(a) Motion to Reopen.--Section 208(b) of the Immigration
and Nationality Act is amended by adding at the end the
following:
``(4) Changed country conditions.--An applicant for asylum
or withholding of removal, whose claim was denied by an
immigration judge solely on the basis of changed country
conditions on or after March 1, 2003, may file a motion to
reopen his or her claim not later than 6 months after the
date of the enactment of the Refugee Crisis in Iraq Act if
the applicant--
``(A) is a national of Iraq; and
``(B) remained in the United States on such date of
enactment.''.
(b) Procedure.--A motion filed under this section shall be
made in accordance with section 240(c)(7)(A) and (B) of the
Immigration and Nationality Act.

SEC. 1548. REPORTS.

(a) Secretary of Homeland Security.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report containing plans to expedite the
processing of Iraqi refugees for resettlement to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) detail the plans of the Secretary for expediting the
processing of Iraqi refugees for resettlement including
through temporary expansion of the Refugee Corps of United
States Citizenship and Immigration Services;
(B) describe the plans of the Secretary for increasing the
number of Department of Homeland Security personnel devoted
to refugee processing in the noted regions;
(C) describe the plans of the Secretary for enhancing
existing systems for conducting background and security
checks of persons applying for Special Immigrant Visas and of
persons considered Priority 2 refugees of special
humanitarian concern under this subtitle, which enhancements
shall support immigration security and provide for the
orderly processing of such applications without delay; and
(D) detail the projections of the Secretary, per country
and per month, for the number of refugee interviews that will
be conducted in fiscal year 2008 and fiscal year 2009.
(b) President.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to Congress an unclassified report,
with a classified annex if necessary, which includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the
provisions of this subtitle;
(2) the number of aliens described in section 1543(1);
(3) the number of such aliens who have applied for special
immigrant visas;
(4) the date of such applications; and
(5) in the case of applications pending for more than 6
months, the reasons that visas have not been expeditiously
processed.
(c) Report on Iraqi Nationals Employed by the United States
Government and Federal Contractors in Iraq.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of the
Treasury, and the Secretary of Homeland Security shall--
(A) review internal records and databases of their
respective agencies for information that can be used to
verify employment of Iraqi nationals by the United States
Government; and
(B) solicit from each prime contractor or grantee that has
performed work in Iraq since March 2003 under a contract,
grant, or cooperative agreement with their respective
agencies that is valued in excess of $25,000 information that
can be used to verify the employment of Iraqi nationals by
such contractor or grantee.
(2) Information required.--To the extent data is available,
the information referred to in paragraph (1) shall include
the name and dates of employment of, biometric data for, and
other data that can be used to verify the employment of, each
Iraqi national that has performed work in Iraq since March
2003 under a contract, grant, or cooperative agreement with
an executive agency.
(3) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given the term in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
(d) Report on Establishment of Database.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of the Treasury, and
the Secretary of Homeland Security, shall submit to Congress
a report examining the options for establishing a unified,
classified database of information related to contracts,
grants, or cooperative agreements entered into by executive
agencies for the performance of work in Iraq since March
2003, including the information described and collected under
subsection (c), to be used by relevant Federal departments
and agencies to adjudicate refugee, asylum, special immigrant
visa, and other immigration claims and applications.
(e) Noncompliance Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit a report to Congress that describes--
(1) the inability or unwillingness of any contractors or
grantees to provide the information requested under
subsection (c); and
(2) the reasons for failing to provide such information.

SEC. 1549. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.

Amendment no. 2214, as modified

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

SEC. 143. SENSE OF CONGRESS ON RAPID FIELDING OF ASSOCIATE
INTERMODAL PLATFORM SYSTEM AND OTHER INNOVATIVE
LOGISTICS SYSTEMS.

(a) Findings.--Congress makes the following findings:
(1) Use of the Associate Intermodal Platform (AIP) pallet
system, developed two years ago by the United States
Transportation Command, could save the United States as much
as $1,300,000 for every 1,000 pallets deployed.
(2) The benefits of the usage of the Associate Intermodal
Platform pallet system include the following:
(A) The Associate Intermodal Platform pallet system can be
used to transport cargo alone within current International
Standard of Organization containers and thereby provide
further savings in costs of transportation of cargo.
(B) The Associate Intermodal Platform pallet system has
successfully passed rigorous testing by the United States
Transportation Command at various military installations in
the United States, at a Navy testing lab, and in the field in
Iraq, Kuwait, and Antarctica.
(C) By all accounts the Associate Intermodal Platform
pallet system has performed well beyond expectations and is
ready for immediate production and deployment.
(b) Sense of Congress.--It is the sense of Congress that
the Department of Defense should--
(1) rapidly field innovative logistic systems such as the
Associated Intermodal Platform pallet system; and
(2) seek to fully procure innovative logistic systems such
as the Associate Intermodal Platform pallet system in future
budgets.

Amendment no. 2942, as modified

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

SEC. 1044. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION
PLAN REGARDING CHEYENNE MOUNTAIN AIR STATION,
COLORADO.

(a) Report on Relocation of North American Aerospace
Defense Command Center.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the relocation of the North
American Aerospace Defense command center and related
functions from Cheyenne Mountain Air Station, Colorado, to
Peterson Air Force Base, Colorado.
(2) Content.--The report required under paragraph (1) shall
include--
(A) an analysis comparing the total costs associated with
the relocation, including costs determined as part of ongoing
security-related studies of the relocation, to anticipated
operational benefits from the relocation; and
(B) a detailed explanation of those backup functions that
will remain located at Cheyenne Mountain Air Station, and how
those functions planned to be transferred out of Cheyenne
Mountain Air Station, including the Space Operations Center,
will maintain operational connectivity with their related
commands and relevant communications centers.
(b) Master Infrastructure Recapitalization Plan.--
(1) In general.--Not later than March 16, 2008, the
Secretary of the Air Force shall submit to Congress a master
infrastructure recapitalization plan for Cheyenne Mountain
Air Station.
(2) Content.--The plan required under paragraph (1) shall
include--
(A) A description of the projects that are needed to
improve the infrastructure required for supporting missions
associated with Cheyenne Mountain Air Station; and
(B) a funding plan explaining the expected timetable for
the Air Force to support such projects.

Cloture Motion

The PRESIDING OFFICER. Under the previous order, pursuant to rule
XXII, the Chair lays before the Senate the pending cloture motion,
which the clerk will state.
The legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the
provisions of rule XXII of the

[[Page S12271]]

Standing Rules of the Senate, do hereby move to bring to a
close debate on the pending substitute amendment to Calendar
No. 189, H.R. 1585, National Defense Authorization Act for
Fiscal Year 2008.
Mitch McConnell, C.S. Bond, David Vitter, Lisa Murkowski,
R.F. Bennett, Tom Coburn, Lindsey Graham, Jon Kyl,
Wayne Allard, John Thune, Norm Coleman, Richard Burr,
Ted Stevens, Jeff Sessions, J.M. Inhofe, Thad Cochran,
Michael B. Enzi.

The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call is waived.
The question is, Is it the sense of the Senate that debate on
Amendment No. 2011, offered by the Senator from Michigan, Mr. Levin, in
the nature of a substitute to H.R. 1585, the National Defense
Authorization Act for Fiscal Year 2008, shall be brought to a close?
Mr. LEVIN. Mr. President, just 30 seconds. I hope the Senate will
vote for cloture. Let me give the rundown of amendments we have now
adopted.
One hundred ninety-one amendments have now been adopted through
either clearance in voice vote or rollcall. We have a lot of amendments
left. We will be here tomorrow, and we will be here on Monday. If
cloture is invoked, we will work the best we can to see if we can get
some germane amendments adopted, even those that we agree by unanimous
consent may not be germane but should be adopted. I hope cloture is
invoked. We will be here tomorrow and Monday to work on amendments.
Mr. FEINGOLD. Mr. President, I support many of the priorities in this
bill, and I do not think the Senate should extend debate on it
indefinitely. But, if we invoke cloture on the bill, as it currently
stands, we will be ensuring that it contains no language to bring our
involvement in the Iraq war to a close. That would be a mistake. The
war in Iraq is taking a tremendous toll on our servicemembers and our
military preparedness--not to mention our national security and our
pocketbook. It is irresponsible for Congress to pass legislation
authorizing the activities of the Department of Defense that fails to
bring our troops home and this war to an end.
The PRESIDING OFFICER. The yeas and nays are mandatory under the
rule.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), and the Senator from Illinois
(Mr. Obama) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback) and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 89, nays 6, as follows:

[Rollcall Vote No. 357 Leg.]

YEAS--89

Akaka
Alexander
Allard
Barrasso
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Brown
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Coleman
Conrad
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feinstein
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Warner
Webb
Whitehouse
Wyden

NAYS--6

Collins
Dodd
Feingold
Leahy
Sanders
Voinovich

NOT VOTING--5

Biden
Brownback
Clinton
McCain
Obama
The PRESIDING OFFICER. On this vote, the yeas are 89, the nays are 6.
Three-fifths of the Senators duly chosen and sworn having voted in the
affirmative, the motion is agreed to.
The Senator from Virginia.
Mr. WARNER. Mr. President, we are now in the postcloture status.
The PRESIDING OFFICER. The majority leader.

Amendment No. 3058

(Purpose: To provide for certain public-private competition
requirements)

Mr. REID. Mr. President, on behalf of Senators Kennedy and Mikulski,
I call up amendment No. 3058.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Nevada [Mr. Reid}, for Mr. Kennedy and Ms.
Mikulski, proposes an amendment numbered 3058.

Mr. REID. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in the Record of Wednesday, September 26,
2007 under ``Text of Amendments.'')

Amendment No. 3109 to Amendment No. 3058

Mr. REID. Mr. President, I call up amendment No. 3109.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Nevada [Mr. Reid], for Mr. Kennedy,
proposes an amendment numbered 3109 to amendment No. 3058.

Mr. REID. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
In the amendment strike all after the first word and insert
the following:

SEC. 358. MODIFICATION TO PUBLIC-PRIVATE COMPETITION
REQUIREMENTS BEFORE CONVERSION TO CONTRACTOR
PERFORMANCE.

(a) Comparison of Retirement System Costs.--Section
2461(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) requires that the contractor shall not receive an
advantage for a proposal that would reduce costs for the
Department of Defense by--
``(i) not making an employer-sponsored health insurance
plan (or payment that could be used in lieu of such a plan),
health savings account, or medical savings account, available
to the workers who are to be employed to perform the function
under the contract;
``(ii) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than the
amount that is paid by the Department of Defense for health
benefits for civilian employees of the Department under
chapter 89 of title 5; or
``(iii) offering to such workers a retirement benefit that,
in any year, costs less than the annual retirement cost
factor applicable to civilian employees of the Department of
Defense under chapter 84 of title 5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b) through (d) as
subsections (c) through (e); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each
officer or employee of the Department of Defense responsible
for determining under Office of Management and Budget
Circular A-76 whether to convert to contractor performance
any function of the Department of Defense--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The Secretary of Defense shall prescribe regulations
to carry out this subsection. The regulations shall include
provisions for the selection or designation of appropriate
representatives of employees referred to in subparagraph (B)
for purposes of consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as
amended by subsection (a), is further amended--

[[Page S12272]]

(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after ``2003'' the
following: ``, or any successor circular''; and
(B) in subparagraph (D), by striking ``and reliability''
and inserting ``, reliability, and timeliness''; and
(2) in subsection (c)(2), as redesignated under subsection
(b)(2), by inserting ``of'' after ``examination''.

SEC. 359. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT BUDGET CIRCULAR A-76.

(a) Eligibility to Protest Public-Private Competitions.--
Section 3551(2) of title 31, United States Code, is amended
to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
with respect to the performance of an activity or function of
a Federal agency, or a decision to convert a function
performed by Federal employees to private sector performance
without a competition under Office of Management and Budget
Circular A-76, includes--
``(i) any official who submitted the agency tender in such
competition; and
``(ii) any one individual who, for the purpose of
representing the Federal employees engaged in the performance
of the activity or function for which the public-private
competition is conducted in a protest under this subchapter
that relates to such public-private competition, has been
designated as the agent of the Federal employees by a
majority of such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such title
is amended by adding at the end the following new section:

``SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-PRIVATE
COMPETITIONS.

``For any protest of a public-private competition conducted
under Office of Management and Budget Circular A-76 with
respect to the performance of an activity or function of a
Federal agency, the Comptroller General shall administer the
provisions of this subchapter in the manner best suited for
expediting the final resolution of the protest and the final
action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at the
beginning of such chapter is amended by inserting after the
item relating to section 3556 the following new item:

``3557. Expedited action in protests of public-private competitions.''.
(c) Right to Intervene in Civil Action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If an interested party who is a member of the private
sector commences an action described in paragraph (1) with
respect to a public-private competition conducted under
Office of Management and Budget Circular A-76 regarding the
performance of an activity or function of a Federal agency,
or a decision to convert a function performed by Federal
employees to private sector performance without a competition
under Office of Management and Budget Circular A-76, then an
interested party described in section 3551(2)(B) of title 31
shall be entitled to intervene in that action.''.
(d) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by subsection (a)),
and paragraph (5) of section 1491(b) of title 28, United
States Code (as added by subsection (c)), shall apply to--
(1) a protest or civil action that challenges final
selection of the source of performance of an activity or
function of a Federal agency that is made pursuant to a study
initiated under Office of Management and Budget Circular A-76
on or after January 1, 2004; and
(2) any other protest or civil action that relates to a
public-private competition initiated under Office of
Management and Budget Circular A-76, or to a decision to
convert a function performed by Federal employees to private
sector performance without a competition under Office of
Management and Budget Circular A-76, on or after the date of
the enactment of this Act.

SEC. 360. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

(a) In General.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end
the following new section:

``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

``(a) Public-Private Competition.--(1) A function of an
executive agency performed by 10 or more agency civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition that--
``(A) formally compares the cost of performance of the
function by agency civilian employees with the cost of
performance by a contractor;
``(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A-76, as implemented on May 29, 2003, or
any successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet the
needs of the executive agency with respect to factors other
than cost, including quality, reliability, and timeliness;
``(E) examines the cost of performance of the function by
agency civilian employees and the cost of performance of the
function by one or more contractors to demonstrate whether
converting to performance by a contractor will result in
savings to the Government over the life of the contract,
including--
``(i) the estimated cost to the Government (based on offers
received) for performance of the function by a contractor;
``(ii) the estimated cost to the Government for performance
of the function by agency civilian employees; and
``(iii) an estimate of all other costs and expenditures
that the Government would incur because of the award of such
a contract;
``(F) requires continued performance of the function by
agency civilian employees unless the difference in the cost
of performance of the function by a contractor compared to
the cost of performance of the function by agency civilian
employees would, over all performance periods required by the
solicitation, be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the function by
a contractor on the agency mission associated with the
performance of the function.
``(2) A function that is performed by the executive agency
and is reengineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient, but still
essentially provides the same service, shall not be
considered a new requirement.
``(3) In no case may a function being performed by
executive agency personnel be--
``(A) modified, reorganized, divided, or in any way changed
for the purpose of exempting the conversion of the function
from the requirements of this section; or
``(B) converted to performance by a contractor to
circumvent a civilian personnel ceiling.
``(b) Requirement to Consult Employees.--(1) Each civilian
employee of an executive agency responsible for determining
under Office of Management and Budget Circular A-76 whether
to convert to contractor performance any function of the
executive agency--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The head of each executive agency shall prescribe
regulations to carry out this subsection. The regulations
shall include provisions for the selection or designation of
appropriate representatives of employees referred to in
paragraph (2)(B) for purposes of consultation required by
paragraph (1).
``(c) Congressional Notification.--(1) Before commencing a
public-private competition under subsection (a), the head of
an executive agency shall submit to Congress a report
containing the following:
``(A) The function for which such public-private
competition is to be conducted.
``(B) The location at which the function is performed by
agency civilian employees.
``(C) The number of agency civilian employee positions
potentially affected.
``(D) The anticipated length and cost of the public-private
competition, and a specific identification of the budgetary
line item from which funds will be used to cover the cost of
the public-private competition.
``(E) A certification that a proposed performance of the
function by a contractor is not a result of a decision by an
official of an executive agency to impose predetermined
constraints or limitations on such employees in terms of man
years, end strengths, full-time equivalent positions, or
maximum number of employees.
``(2) The report required under paragraph (1) shall include
an examination of the potential economic effect of
performance of the function by a contractor on--
``(A) agency civilian employees who would be affected by
such a conversion in performance; and
``(B) the local community and the Government, if more than
50 agency civilian employees perform the function.
``(3)(A) A representative individual or entity at a
facility where a public-private competition is conducted may
submit to the head of the executive agency an objection to
the public private competition on the grounds that the report
required by paragraph (1) has not been submitted or that the
certification required by paragraph (1)(E) is

[[Page S12273]]

not included in the report submitted as a condition for the
public private competition. The objection shall be in writing
and shall be submitted within 90 days after the following
date:
``(i) In the case of a failure to submit the report when
required, the date on which the representative individual or
an official of the representative entity authorized to pose
the objection first knew or should have known of that
failure.
``(ii) In the case of a failure to include the
certification in a submitted report, the date on which the
report was submitted to Congress.
``(B) If the head of the executive agency determines that
the report required by paragraph (1) was not submitted or
that the required certification was not included in the
submitted report, the function for which the public-private
competition was conducted for which the objection was
submitted may not be the subject of a solicitation of offers
for, or award of, a contract until, respectively, the report
is submitted or a report containing the certification in full
compliance with the certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services
of the Blind and Other Severely Handicapped Persons.--This
section shall not apply to a commercial or industrial type
function of an executive agency that--
``(1) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
``(2) is planned to be changed to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped persons in
accordance with that Act.
``(e) Inapplicability During War or Emergency.--The
provisions of this section shall not apply during war or
during a period of national emergency declared by the
President or Congress.''.
(b) Clerical Amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the
following new item:

``Sec. 43. Public-private competition required before conversion to
contractor performance.''.

SEC. 361. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT
EMPLOYEES.

(a) Guidelines.--
(1) In general.--The Under Secretary of Defense for
Personnel and Readiness shall prescribe guidelines and
procedures for ensuring that consideration is given to using
Federal Government employees on a regular basis for new work
and work that is performed under Department of Defense
contracts and could be performed by Federal Government
employees.
(2) Criteria.--The guidelines and procedures prescribed
under paragraph (1) shall provide for special consideration
to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) have been performed by a contractor pursuant to a
contract that was awarded on a noncompetitive basis, either a
contract for a function once performed by Federal employees
that was awarded without the conduct of a public-private
competition or a contract that was last awarded without the
conduct of an actual competition between contractors; or
(D) have been performed poorly by a contractor because of
excessive costs or inferior quality, as determined by a
contracting officer within the last five years .
(3) Deadline for issuance of guidelines.--The Secretary of
Defense shall implement the guidelines required under
paragraph (1) by not later than 60 days after the date of the
enactment of this Act.
(4) Establishment of contractor inventory.--The Secretary
of Defense shall establish an inventory of Department of
Defense contracts to determine which contracts meet the
criteria set forth in paragraph (2).
(b) New Requirements.--
(1) Limitation on requiring public-private competition.--No
public-private competition may be required for any Department
of Defense function before--
(A) the commencement of the performance by civilian
employees of the Department of Defense of a new Department of
Defense function;
(B) the commencement of the performance by civilian
employees of the Department of Defense of any Department of
Defense function described in subparagraphs (B) through (D)
of subsection (a)(2); or
(C) the expansion of the scope of any Department of Defense
function performed by civilian employees of the Department of
Defense.
(2) Consideration of federal government employees.--The
Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are
fairly considered for the performance of new requirements,
with special consideration given to new requirements that
include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October
1, 1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary may
use the flexible hiring authority available to the Secretary
under the National Security Personnel System, as established
pursuant to section 9902 of title 5, United States Code, to
facilitate the performance by civilian employees of the
Department of Defense of functions described in subsection
(b).
(d) Inspector General Report.--Not later than 180 days
after the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the compliance of the Secretary of Defense with the
requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270;
112 Stat. 2384; 31 U.S.C. 501 note).
(f) Conforming Repeal.--The National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is amended by
striking section 343.

SEC. 362. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET
INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC-
PRIVATE COMPETITIONS.

(a) Restriction on Office of Management and Budget.--The
Office of Management and Budget may not direct or require the
Secretary of Defense or the Secretary of a military
department to prepare for, undertake, continue, or complete a
public-private competition or direct conversion of a
Department of Defense function to performance by a contractor
under Office of Management and Budget Circular A-76, or any
other successor regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of
Defense or the Secretary of a military department may not
prepare for, undertake, continue, or complete a public-
private competition or direct conversion of a Department of
Defense function to performance by a contractor under Office
of Management and Budget Circular A-76, or any other
successor regulation, directive, or policy by reason of any
direction or requirement provided by the Office of Management
and Budget.

SEC. 363. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD
SPECIFIED IN PERFORMANCE AGREEMENT NOT
REQUIRED.

Section 2461(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) A military department or defense agency may not be
required to conduct a public-private competition under Office
of Management and Budget Circular A-76 or any other provision
of law at the end of the period specified in the performance
agreement entered into in accordance with this section for
any function of the Department of Defense performed by
Department of Defense civilian employees.''.
This section shall take effect one day after the date of
this bill's enactment.

Mr. WARNER. Mr. President, I ask for the yeas and nays on this
amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. WARNER. Mr. President, we are now on the bill in a postcloture
status. The distinguished chairman, Senator Levin, is here. I am here.
We are prepared to deal with whatever amendments come forward this
evening and, again, we will be here tomorrow.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, I rise to speak on behalf of the
Kennedy-Mikulski amendment, as amended by the distinguished majority
leader.
I know the hour is late so I will not speak at length, but I will
speak with passion about what this amendment is all about.
This is about contracting out. I am here to join in an amendment that
protects our Civil Service, protects our taxpayers, and protects
Government workers. I think we would all agree that America needs an
independent Civil Service and that our Federal employees are on the
front lines every day working hard for America. This administration's
plan for privatization is a quota-driven plan that costs money, morale,
and the integrity of the Civil Service. It forces Federal employees
into unfair competition and forces them to spend time and money
competing for their jobs instead of doing their jobs. The
administration has stacked the deck against Federal employees with
their A-76 competitions, but I am here to level the playing field along
with my colleagues.
This amendment is simple. It helps Federal employees compete for
their jobs and at the same time, makes sure

[[Page S12274]]

the Federal Government saves money. My other colleagues who are
cosponsors will focus on different pieces of this amendment, but I am
here to talk about three specific parts.
First of all, this amendment saves taxpayers money. When the
administration passed these new quota-driven bounty-hunting A-76 rules,
contractors were not even required to show they would save the
Government any money--but we thought that was the point of it--so we
had some private contracts that actually cost the Government more money
than if Federal employees were doing the work.
Now, the amendment that is pending would require that all contracts
save $10 million or 10 percent. You must save money: $10 million or 10
percent. So Federal workers will not be losing their jobs to contractor
bids that do not even save the Government or the taxpayers money.
Second, it deals with the issue of health and retirement benefits.
Right now, a private contractor can win a bid on Federal work simply
because they provide either no health and retirement benefits or skimpy
or Spartan benefits, this is bad for Federal employees and bad for the
contractors doing the work.
This amendment would prohibit contractors from winning a bid if the
only cost savings are from bad or no benefits. This is to prevent
bagging benefits in order to win the contract. This helps level the
playing field for Federal employees who have to submit their own best
bids, but they have to include these health and retiree benefits.
Number 3, really, this is what I think is crucial, and I hope my
colleagues from the other side of the aisle will hear this. This
amendment eliminates privatization quotas. Remember, the new Bush rules
are quota driven. It makes those who are pushing the A-76 in an agency
the equivalent of a bounty hunter.
Now, let's deal with the word ``quota.'' I have heard a lot about
quotas in my day, usually from the other side in a very pejorative way.
Hey, what happened to goals and timetables? I thought we did not go for
quotas in this Senate. I thought we were for goals and timetables.
Remember discussions on affirmative action? ``We don't want no
quotas.'' Well, I do not want quotas in privatization. Quite frankly, I
do not even want goals and timetables in privatization. But OMB imposes
privatization quotas on all Federal agencies, forcing them to conduct
A-76 competitions on as many as 150,000 jobs each year. What a huge
waste of money. These quota-driven bounty hunters force these wasteful
A-76 reviews, even on agencies that do not want to do them or in
categories that give them pause to pursue. It wastes time. It wastes
taxpayers' dollars.
This amendment would stop OMB from using quotas to force agencies to
conduct these privatization reviews. This would not prevent agencies
from contracting out work. It would simply allow Federal agencies to
make their own decisions about when to use the A-76 process.
Now let me be very clear. I am not opposed to contracting out. I am
not opposed to privatization. In my own State it has worked well. Look
at Goddard Space Flight Center. We have 3,000 civil service jobs, but
9,000 private contractor jobs. In this way, we get incredible value for
our space dollar. I am proud of them both, and they work well together.
They serve the Nation well.
But the way this administration is going about privatization does not
work. We need this amendment because the way contracting is being
pursued is irresponsible. It even puts our Nation's security at risk.
I want to give one specific issue--contracting out at Walter Reed.
Before my dear colleague Senator Paul Sarbanes left, we were on this
floor fighting an A-76 contract for contracting out facilities
management for people who handle the grounds and so on at Walter Reed.
We challenged that A-76 because there had been over three to six
appeals. Each time the Federal employees won. However, the
administration pushed and pushed and pushed. As we were battling it out
on the floor, I read a letter from the colonel who said: If you
contract this out, I am concerned there will be a degradation of
service at Walter Reed.
Well--guess what--we lost the amendment. Walter Reed contracted out
its facilities management. We went from 300 employees, who kept Walter
Reed tip top for our wounded warriors, down to 50 people, and we ended
up with a national scandal.
Now, you tell me, what did we gain from that contracting out? How
could you look in the eyes of a wounded warrior at Walter Reed and at a
hospital that was ridden with mold and rot, for which we all had to go
out and pound on the table and pound on our chest about the outrage? We
could have stopped the scandal at Walter Reed if we had stopped that
contracting out--300 people to 50. Why did it take 300 people at Walter
Reed? Because it is an older building. It is several buildings. Our
wounded warriors were in hospitals that made international headlines
because we could not take care of our own.
Well, I am now taking care of this contracting out. So this amendment
is the ``remember the Walter Reed scandal'' amendment. I hope my
colleagues will join with me. Yes, we will privatize where appropriate.
Yes, we will privatize where we will get value for our dollar. But I
don't want any kind of privatization that ends up in a national scandal
and a national disgrace.
I urge my colleagues to vote for this amendment.
Mr. FEINGOLD. Mr. President, I am deeply concerned about the threat
posed by Iran, but I voted against the amendment offered by Senators
Kyl and Lieberman because it could be interpreted as an authorization
to keep U.S. troops in Iraq indefinitely to police the Iraqi civil war
and engage in a proxy war with Iran. Maintaining a significant U.S.
troop presence in Iraq is undermining our ability to deter Iran as it
increases its influence in Iraq, becomes bolder in its nuclear
aspirations, and continues to support Hezbollah. The administration
needs to end its myopic focus on Iraq and develop comprehensive,
effective strategies for dealing with Iran and the other serious
challenges we face around the world.
Mr. President, I voted against Senator Biden's amendment because,
while we should support a comprehensive political settlement in Iraq,
the U.S. Government shouldn't tell the Iraqi people how to run their
country.
Ms. MIKULSKI. Mr. President, I am proud to cosponsor Senator Biden's
amendment calling on the United States to actively support a Federal
system of government in Iraq.
The brutal reality is that Iraq today is being torn apart by
sectarian violence. The Maliki government in Baghdad is too weak and
too corrupt to lead Iraq's Sunni, Shia and Kurdish communities to the
political reconciliation they need to end the fighting. Iraq is being
torn apart by civil war, and U.S. military forces are caught in the
middle.
It is clear to me that President Bush has no strategy for ending the
war in Iraq. It is up to Congress to provide the way forward to bring
stability to Iraq and to bring our troops home. Our military has done
everything we have asked them to do, valiantly and skillfully. But the
experts all agree: there is no military solution in Iraq. We need a
comprehensive political settlement that gives the Iraqi people control
over their own fate and allows our troops to come home.
Senator Biden has proposed a plan to maintain a united Iraq by
decentralizing it. Rather than putting our troops between warring
factions, this plan would give the Kurds, Sunni and Shia control over
their own land and people, while leaving a central government in
Baghdad responsible for protecting common national Iraqi interests.
This plan has five major parts.
Step one is establishing three autonomous regions in Iraq with a
functional central government in Baghdad. Each region would have
authority over its own domestic laws, administration, and internal
security. The central government would control border defense, foreign
policy, and oil revenues. This would give Iraq's sectarian groups
control over their own destiny and ensure that Iraq does not splinter
into pieces, creating regional chaos.
Step two of the Biden plan is to secure the cooperation of Iraq's
Sunni minority. The Sunni Arabs in Iraq do not have access to the same
oil wealth enjoyed by the Kurds in the north and the Shia in the south.
Under this plan, Iraq's central Government would guarantee the Sunni's
economic viability

[[Page S12275]]

by pledging 20-percent of Iraq's oil revenue. It would address Sunni
political concerns by allowing former members of the Baath party to
join Iraq's national Government. Iraq's Sunnis must have confidence
that they can prosper and thrive in a peaceful Iraq, so they will lay
down their arms and end their destructive insurgency.
Step three of this plan is to call on the international community and
Iraq's neighbors to help stabilize Iraq by accepting this federal
arrangement and respecting Iraq's borders and sovereignty. Iraq will
need strong support from the international community to ensure that its
neighbors do not try to expand their influence into any of the three
autonomous regions created under this federalist system.
Step four calls for the withdrawal of most U.S. military forces from
Iraq. We would leave a small but effective residual force behind to
help Iraq's security forces combat terrorism and protect Iraq's
borders, but most U.S. forces would be out of Iraq before the end of
2008. We know there is no military solution to Iraq's current problems,
and we know the armed militias that are tearing Iraq apart will never
lay down their arms as long as the U.S. military has a large presence
in their country. Withdrawing most U.S. troops will demonstrate to the
Iraqi people that they must take responsibility for building a
peaceful, stable Iraq. A small but lethal contingent of U.S. forces
that remains either in Iraq or nearby can help the Iraqis combat
terrorism and deter mischief by Iraq's neighbors.
Finally, the Biden plan calls for robust international support for
reconstruction in Iraq. This economic assistance must be conditioned on
respect for minority and women's rights. The international community
has an interest in seeing a vital, healthy Iraq, but we should use our
resources to help Iraq build a society based on equality for all. By
providing economic opportunities for every Iraqi, we can help end the
violence and build a strong, stable Iraq.
We know that President Bush has no plan for stabilizing Iraq or
ending the war. The Biden plan can lead to a lasting political solution
in Iraq that stops the violence and allows our military forces to come
home. I am proud to support it, and I am proud to cosponsor this
amendment.
Mr. DOMENICI. Mr. President, I want to take a moment to inform the
Senate about amendment No. 2981. I greatly appreciate Chairman Levin's
and Ranking Member McCain's cooperation in including it in the
managers' package.
My amendment to the Defense authorization bill calls for a review of
the Department of Energy's strategic plan for advanced computing. This
review would be completed by the independent scientific advisory group
and assess where the Department is headed in this important area.
The measure focuses attention on the essential role our national
laboratories play in advancing the state of the art for high
performance computing a vital area for our national security and
scientific leadership.
Our laboratories have been instrumental in pressing the limits of raw
computing power and creating more sophisticated simulation
capabilities.
Since the early days of scientific computing and continuing through
the development of today's advanced parallel computing systems, the
laboratories pioneered the development of high performance computing
and software development. From developing advanced computing
architectures and algorithms to effective means for storing and viewing
the enormous amounts of data generated by these machines, the
laboratories have made high performance computing a reality.
These capabilities have become a requirement for certifying the
nation's nuclear weapons stockpile without nuclear testing. They also
find application far outside laboratory walls.
The Stockpile Stewardship Program was created as the alternative to
underground nuclear testing, to ensure that our nuclear weapons systems
would remain safe, secure and reliable. Doing so without nuclear
testing required significant investments in computer modeling and
simulation.
This investment has paid enormous dividends. Every year, computing
power increases at a pace set by America's national laboratories. The
world's current fastest supercomputer is Lawrence Livermore's ``Blue
Gene,'' which recently exceeded 280 ``teraflops'' or trillions of
calculations per second. Oak Ridge's ``Jaguar'' system and Sandia
National Laboratory's ``Red Storm'' are second and third, each
exceeding 100 teraflops.
The applications go well beyond security and basic science. The
laboratories have worked hard to transition these capabilities to
academia and industry, simulating complex industrial processes and
their environmental impact including global climate change.
Collaborations with the private sector have also driven down the
cost, so that now high performance does not mean high expense. This has
had an enormous impact, making advanced computing within the reach of
an ever wider circle of users including the Department of Energy's
Office of Science.
At the labs today, not only do these computers run advanced
experimental models that give us confidence in our nuclear deterrent,
but they also help us decipher the human genome and develop improved
medicines. Advanced computing has also helped Sandia engineers
understand the safety risks to the Space Shuttle, when the foam from
the fuel tank hit and damaged the heat tiles.
We will continue to use advanced computing to support engineering
design work to ensure that our bridges and infrastructure are safe, as
well as filter massive amounts of data in an effort to predict where
terrorists are planning to attack next.
These achievements did not happen by accident. They required
planning, commitment and follow through.
Unfortunately, I am concerned that we may be losing this focus and
commitment to support long term research on advance computing
architectures and continue the search for even greater simulation
capabilities. The Department of Energy and the National Nuclear
Security Administration appear not to have a coordinated strategy for
advancing the state-of-the-art in computing and instead propose to
actually reduce computing capacity within the laboratory system. I
believe this is a mistake.
In the Senate Energy and Water Development appropriations bill for
fiscal year 2008, Chairman Dorgan and I have proposed to establish a
joint program office for high performance computing led by the NNSA
Administrator and the Under Secretary for Science. This office will
have the primary responsibility of ensuring a well balanced portfolio
of computing platforms for the DOE and the Nation.
The proposed office will develop a high performance computing
technology roadmap and acquisition strategy for the DOE. I strongly
believe that DOE and NNSA must pool their resources and establish an
advanced computing R&D program. A long term, Department-wide strategy
is necessary to ensure that the world class simulation capabilities
within the complex are maintained and investments are made to drive
innovation. If the past success of the program is a predictor, there
will be amazing new technological innovations and the cost of computing
will fall like a stone. This will ensure that universities,
laboratories, U.S. businesses and law enforcement will have the
computing capability necessary for their success.
We must continue to raise the bar, giving our best and brightest new
targets to aim for, ensuring that America will retain its technical
leadership in advanced computing.
I would like to pay tribute to the men and women of Sandia, Los
Alamos and Livermore National labs and their private sector
counterparts at Cray, IBM, and Intel, and the Department of Energy and
the NNSA. These individuals have worked extraordinarily hard to solve
complex computing architecture and software challenges. This work has
paid off and we must remain committed to future excellence in this
field.
Mr. President, I ask unanimous consent that a listing of the world's
fastest computers be printed in the Record. I would like for my
colleagues to note that 8 of the top 10 computers are located at U.S.
Department of Energy national labs and universities and this would not
be the case except for the investments made by the Department of
Energy.

[[Page S12276]]

There being no objection, the material was ordered to be printed in
the Record, as follows:

Top 10 Fastest Supercomputers in the World (June 2007)*

Name, Location--Speed (TFlops/s).
1. Blue Gene/L (IBM), Lawrence Livermore (DOE)--280.6.
2. Jaguar (Cray), Oak Ridge (DOE)--101.7.
3. Red Storm (Cray), Sandia (DOE)--101.4
4. Blue Gene Watson (IBM), IBM Thomas Watson--Research
Center--91.2.
5. New York Blue (IBM), Stony Brook/Brookhaven (DOE)--82.1.
6. ASC Purple (IBM), Lawrence Livermore (DOE)--75.7.
7. eService Blue Gene (IBM), Rensselaer Polytechnic
Institute (Troy, NY)--73.0.
8. Abe (Dell), NSF-NCSA--62.6
9. MareNostrum (IBM), Barcelona Supercomputing Center--
62.6.
10. HLRB-II (SGI), Leibniz Rechenzentrum--56.5.
*Ranking from the TOP500 Project (
http://www.top500.org
)
Mr. ENZI. Mr. President, I wish to express my concern about the
current agenda of the U.S. Senate.
For about 16 days, we have been debating the National Defense
Authorization Act for fiscal year 2008. I do not think that any Member
of this Chamber believes this is an unimportant or throwaway piece of
legislation. This bill is about our troops and our veterans. It is
about their health care. It is about their equipment. It is about how
we treat those individuals who have put on the uniforms of our Armed
Forces and served our Nation.
The Defense bill before us authorizes $24.6 billion for the defense
health program, including a $1.9 billion adjustment to fund TRICARE
benefits. The bill includes authorization for the purchase of upgrades
to Bradley fighting vehicles and the purchase of Stryker vehicles. This
legislation authorized research into technology that will keep our
troops safer while they carry out their current missions and research
into medical technology that will help with battlefield diagnostics and
care for any wounded warrior.
In the midst of considering this troop-related bill, we are now
considering amendments on items completely unrelated to the men and
women in uniform. This kind of political gamesmanship is precisely why
congressional approval ratings are at an all-time low.
Are we going to provide the resources our men and women in the
military need by passing this Defense bill or are we going to stuff
this bill so full of nondefense policy and programs that the
legislation blows up like a makeshift terrorist explosive device? The
majority party is in charge of getting critical bills through, yet they
are delaying passage of these bills by trying to empty their outbox
full of controversial issues. Unfortunately, the authors of these
unrelated special interest amendments have chosen the latter.
The first amendment set to come before us for a vote is legislation
on hate crimes. When it is the appropriate time to be debating the
merits of a hate crime bill then I will debate that. Debating it in
relation to a bill we need in order to provide for our military is not
the appropriate time. We have also been told to expect amendments
related to immigration. The Senate earlier this year spent weeks on
immigration legislation--that is where debate on that amendment should
occur.
As my colleague from Texas, Senator Cornyn, stated, there is a time
and a place for everything. A bill drafted to address our national
defense and our troops is not the place for these amendments.
Instead of focusing on the needs of our troops in the field, our
wounded warriors needing medical attention, and our veterans who have
served us all, the authors of these amendments seek to distract our
attention and delay progress on this bill.
I sincerely hope all Members of the Senate will put these issues
aside for a more appropriate time for debate and let us proceed on
improving the lives of our troops. Let's put our troops first on the
Senate agenda.
Mr. CONRAD. Mr. President, I was pleased to join my co-chair of the
Senate Tanker Caucus, the senior Senator from Utah, in introducing
amendment No. 2895. And I am very glad that the distinguished ranking
member of the Armed Services Committee chose to join with our caucus in
preparing a compromise amendment, No. 3104, that makes clear how
crucial recapitalizing our tanker fleet is to our national security.
I thank Senator McCain and Senator Levin for their leadership on this
issue and their willingness to accept this amendment.
In October of last year, the Secretary and Chief of Staff of the Air
Force made a very important announcement. They declared that their top
acquisition priority for the future is the replacement of our Nation's
aerial refueling tanker fleet. This program could cost about $13
billion over the next 5 years, and perhaps $100 billion over the next
three decades.
The senior Senator from Utah and I joined forces to form a caucus in
support of this vital objective. We believe that updating our aerial
tanker fleet is crucial if we are to continue to be able to project
American military power around the globe.
The U.S. national security strategy depends on a robust air refueling
capability, as do our coalition partners. No other nation in the world
has a comparable capability. The U.S. advantage in tankers is at the
center of almost all the other strategic capabilities of our Air Force.
Yet today, our tanker fleet is the oldest part of the Air Force
inventory making maintenance difficult and expensive. The KC-135 makes
up over 90 percent of our refueling capability, but the average age of
that fleet is over 45 years. The ``E-Model'' aircraft have the oldest
engines and are rapidly declining in utility. Their mission capable
rates have dropped significantly, and their cost-per-flying hour has
increased.
Despite generations of meticulous maintenance, these tankers are
getting toward the end of their economic service life. Uncertainty
about corrosion problems creates a significant vulnerability--we could
find a serious problem in a few of these aircraft that could result in
the whole fleet being grounded.
And that would have catastrophic results, as General Michael Moseley
made very clear in comments on October 12. ``In this global business
we're in, the single point of failure of an air bridge, or the single
point failure for global intelligence, surveillance and reconnaissance,
or the single point of failure for global strike is the tanker,'' he
said. ``To be able to bridge the Atlantic, to be able to bridge the
Pacific, or to be able to let business in the theater be persistent
business in the theater, it's the tanker.''
To reverse that vulnerability, the Air Force is taking steps to
replace these tankers. The tanker caucus supports that effort. The Air
Force is also taking steps to make sure that a portion of the current
tanker fleet is kept viable as they work to develop and buy the next
generation tanker. This amendment supports that effort as well, by
specifically referencing the Air Force's strategy to modify and upgrade
an appropriate portion of the KC-135 fleet to ensure that it remains
viable as the Air Force waits for new tankers to be delivered. Nothing
in this amendment would further constrain the Air Force's ability to
retire the oldest tankers as they deem necessary.
Finally, this amendment recognizes that the procurement of aerial
refueling on a fee-for-service basis may also end up being part of the
solution to preventing a temporary gap in tanker capability--though I
doubt that it will make up a major portion of our overall tanker
capacity.
The Air Force is working through two competing submissions for tanker
replacement in response to the request for proposals it issued last
year. This full, free and open competition will help to achieve the
best value possible for the taxpayer on this major program.
As General Moseley noted, ``It's important to get started'' on this
important acquisition program. The time is right to begin
recapitalizing this vital national asset. The Air Force predicts that a
funding shortfall this year would likely lead to a 6 to 9 month delay
in fielding the new tankers.
The original amendment that Senator Hatch and I offered was co-
sponsored by Senators Dorgan, Gregg, Roberts, Sununu, Cantwell and
Inhofe. It simply expressed the sense of the Congress that timely
replacement of the Air Force tanker fleet is a vital national security
priority, and presented the reasons for that judgment. The McCain-
Conrad amendment makes the same point in expressing

[[Page S12277]]

that modernizing the tanker force is a vital national security
priority.
While some members and some committees differ on the amount of
funding that they believe is required to carry out this program fiscal
year 2008, I believe that the Senate can agree that carrying out this
program is a vital national security priority. I appreciate my
colleagues' support for this amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Michigan.
Mr. LEVIN. Mr. President, is there any objection if we proceed to
morning business?
Mr. WARNER. Mr. President, there is no objection on this side. We
will resume the bill tomorrow morning, I presume, around 10 o'clock.

____________________