To expedite the prompt return of the remains of deceased members of the Armed Forces to their loved ones for burial.

TEXT OF AMENDMENTS

SA 2065. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title XV, add the following:

SEC. 1535. CONDOLENCE AND SOLATIA PAYMENTS.

(a) In General.--The Secretary of Defense shall ensure that
the amounts authorized to be paid per incident for condolence
and solatia payments in Iraq and Afghanistan are identical.
(b) Quarterly Report.--The Secretary of Defense shall
include in the report submitted to the congressional defense
committees under section 1201(b) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2077) a description of each
condolence or solatia payment in excess of $2,500 made during
the reporting period in Iraq or Afghanistan, including the
date, location, and circumstances of each such payment.
______

SA 2066. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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.''.
______

SA 2067. Mr. KENNEDY (for himself and Mr. Smith submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title X, add the following:

SEC. 1070. HATE CRIMES.

(a) Short Title.--This section may be cited as the
``Matthew Shepard Local Law Enforcement Hate Crimes
Prevention Act of 2007''.
(b) Findings.--Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority
of violent crimes in the United States, including violent
crimes motivated by bias. These authorities can carry out
their responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) A prominent characteristic of a violent crime motivated
by bias is that it devastates not just the actual victim and
the family and friends of the victim, but frequently savages
the community sharing the traits that caused the victim to be
selected.
(6) Such violence substantially affects interstate commerce
in many ways, including the following:
(A) The movement of members of targeted groups is impeded,
and members of such groups are forced to move across State
lines to escape the incidence or risk of such violence.
(B) Members of targeted groups are prevented from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial activity.
(C) Perpetrators cross State lines to commit such violence.
(D) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(E) Such violence is committed using articles that have
traveled in interstate commerce.
(7) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United
States, through widespread public and private violence
directed at persons because of their race, color, or
ancestry, or perceived race, color, or ancestry. Accordingly,
eliminating racially motivated violence is an important means
of eliminating, to the extent possible, the badges,
incidents, and relics of slavery and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the
extent possible, the badges, incidents, and relics of
slavery, it is necessary to prohibit assaults on the basis of
real or perceived religions or national origins, at least to
the extent such religions or national origins were regarded
as races at the time of the adoption of the 13th, 14th, and
15th amendments to the Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local
authorities to work together as partners in the investigation
and prosecution of such crimes.
(10) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States, local jurisdictions,
and Indian tribes.
(c) Definition of Hate Crime.--In this section--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
(d) Support for Criminal Investigations and Prosecutions by
State, Local, and Tribal Law Enforcement Officials.--
(1) Assistance other than financial assistance.--
(A) In general.--At the request of State, local, or Tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of
any crime that--
(i) constitutes a crime of violence;
(ii) constitutes a felony under the State, local, or Tribal
laws; and
(iii) is motivated by prejudice based on the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim, or is a violation of the State, local, or Tribal hate
crime laws.

[[Page S9029]]

(B) Priority.--In providing assistance under subparagraph
(A), the Attorney General shall give priority to crimes
committed by offenders who have committed crimes in more than
one State and to rural jurisdictions that have difficulty
covering the extraordinary expenses relating to the
investigation or prosecution of the crime.
(2) Grants.--
(A) In general.--The Attorney General may award grants to
State, local, and Indian law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(B) Office of justice programs.--In implementing the grant
program under this paragraph, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns
and needs of all affected parties, including community groups
and schools, colleges, and universities, are addressed
through the local infrastructure developed under the grants.
(C) Application.--
(i) In general.--Each State, local, and Indian law
enforcement agency that desires a grant under this paragraph
shall submit an application to the Attorney General at such
time, in such manner, and accompanied by or containing such
information as the Attorney General shall reasonably require.
(ii) Date for submission.--Applications submitted pursuant
to clause (i) shall be submitted during the 60-day period
beginning on a date that the Attorney General shall
prescribe.
(iii) Requirements.--A State, local, and Indian law
enforcement agency applying for a grant under this paragraph
shall--

(I) describe the extraordinary purposes for which the grant
is needed;
(II) certify that the State, local government, or Indian
tribe lacks the resources necessary to investigate or
prosecute the hate crime;
(III) demonstrate that, in developing a plan to implement
the grant, the State, local, and Indian law enforcement
agency has consulted and coordinated with nonprofit,
nongovernmental victim services programs that have experience
in providing services to victims of hate crimes; and
(IV) certify that any Federal funds received under this
paragraph will be used to supplement, not supplant, non-
Federal funds that would otherwise be available for
activities funded under this paragraph.

(D) Deadline.--An application for a grant under this
paragraph shall be approved or denied by the Attorney General
not later than 30 business days after the date on which the
Attorney General receives the application.
(E) Grant amount.--A grant under this paragraph shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(F) Report.--Not later than December 31, 2008, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this paragraph, the
award of such grants, and the purposes for which the grant
amounts were expended.
(G) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $5,000,000 for
each of fiscal years 2008 and 2009.
(e) Grant Program.--
(1) Authority to award grants.--The Office of Justice
Programs of the Department of Justice may award grants, in
accordance with such regulations as the Attorney General may
prescribe, to State, local, or Tribal programs designed to
combat hate crimes committed by juveniles, including programs
to train local law enforcement officers in identifying,
investigating, prosecuting, and preventing hate crimes.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(f) Authorization for Additional Personnel to Assist State,
Local, and Tribal Law Enforcement.--There are authorized to
be appropriated to the Department of the Treasury and the
Department of Justice, including the Community Relations
Service, for fiscal years 2008, 2009, and 2010 such sums as
are necessary to increase the number of personnel to prevent
and respond to alleged violations of section 249 of title 18,
United States Code, as added by this section.
(g) Prohibition of Certain Hate Crime Acts.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 249. Hate crime acts

``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause bodily
injury to any person, because of the actual or perceived
race, color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting under
color of law, in any circumstance described in subparagraph
(B), willfully causes bodily injury to any person or, through
the use of fire, a firearm, or an explosive or incendiary
device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, national origin,
gender, sexual orientation, gender identity or disability of
any person--
``(i) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--

``(I) death results from the offense; or
``(II) the offense includes kidnaping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.

``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph (A) occurs
during the course of, or as the result of, the travel of the
defendant or the victim--

``(I) across a State line or national border; or
``(II) using a channel, facility, or instrumentality of
interstate or foreign commerce;

``(ii) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in subparagraph (A);
``(iii) in connection with the conduct described in
subparagraph (A), the defendant employs a firearm, explosive
or incendiary device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in subparagraph (A)--

``(I) interferes with commercial or other economic activity
in which the victim is engaged at the time of the conduct; or
``(II) otherwise affects interstate or foreign commerce.

``(b) Certification Requirement.--No prosecution of any
offense described in this subsection may be undertaken by the
United States, except under the certification in writing of
the Attorney General, the Deputy Attorney General, the
Associate Attorney General, or any Assistant Attorney General
specially designated by the Attorney General that--
``(1) such certifying individual has reasonable cause to
believe that the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person was a motivating factor
underlying the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State
or local law enforcement officials regarding the prosecution
and determined that--
``(A) the State does not have jurisdiction or does not
intend to exercise jurisdiction;
``(B) the State has requested that the Federal Government
assume jurisdiction;
``(C) the State does not object to the Federal Government
assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to State
charges left demonstratively unvindicated the Federal
interest in eradicating bias-motivated violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense
under this section, evidence of expression or associations of
the defendant may not be introduced as substantive evidence
at trial, unless the evidence specifically relates to that
offense. However, nothing in this section affects the rules
of evidence governing impeachment of a witness.''.
(2) Technical and conforming amendment.--The analysis for
chapter 13 of title 18, United States Code, is amended by
adding at the end the following:

``249. Hate crime acts.''.
(h) Statistics.--
(1) In general.--Subsection (b)(1) of the first section of
the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended
by inserting ``gender and gender identity,'' after ``race,''.
(2) Data.--Subsection (b)(5) of the first section of the
Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by
inserting ``, including data about crimes committed by, and
crimes directed against, juveniles'' after ``data acquired
under this section''.
(i) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section, the
amendments made by this section, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
______

SA 2068. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal

[[Page S9030]]

year, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 1517. MITIGATION OF EFFECTS OF EXPLOSIVELY FORMED
PROJECTILES.

Of the amount authorized to be appropriated by section
1510(a) for the Joint Improvised Explosive Device Defeat
Fund, $40,000,000 may be available for the Joint Improvised
Explosive Device Defeat Organization to mitigate the effects
of Explosively Formed Projectiles (EFPs).
______

SA 2069. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title XXXI, add the following:

SEC. 3126. REPEAL OF SUNSET DATE OF THE OFFICE OF THE
OMBUDSMAN OF THE ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.

Section 3686 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is
amended by striking subsection (g).
______

SA 2070. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title XXIV, add the following:

SEC. 2406. CONSTRUCTION OF FACILITIES AT CANNON AIR FORCE
BASE, NEW MEXICO.

(a) Authorization for Projects.--
(1) In general.--The amount set forth in the item relating
to Cannon Air Force Base, New Mexico, in the table entitled
``Special Operations Command'' in section 2401(a) is hereby
increased by $68,000,000.
(2) Projects authorized.--The amount authorized to acquire
real property and carry out military construction projects at
Cannon Air Force, New Mexico, pursuant to paragraph (1) is
allocated for the following projects in the following
amounts:
(A) $31,000,000 for the construction of Special Operations
Forces C-130 Fuel Cell and Corrosion Control Hangars.
(B) $7,500,000 for the construction of a Special Operations
Forces CV-22 Simulator Facility.
(C) $17,500,000 for the construction of Special Operations
Forces UAV Squadron Operations / Ground Control Stations.
(D) $12,000,000 for the construction of a Special
Operations Forces MC-130 Squadron Operations Facility.
(b) Increase in Amount Authorized to Be Appropriated.--The
amount authorized to be appropriated by section 2403 for
military construction, land acquisition, and military family
housing functions of the Department of Defense and the amount
designated under paragraph (1) of such section for military
construction projects inside the United States are each
increased by $68,000,000.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance for the Air
Force is hereby reduced by $68,000,000.
______

SA 2071. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title XXIV, add the following:

SEC. 2406. CONSTRUCTION OF SPECIAL OPERATIONS FORCES C-130
FUEL CELL AND CORROSION CONTROL HANGARS AT
CANNON AIR FORCE BASE, NEW MEXICO.

(a) Authorization for Projects.--
(1) In general.--The amount set forth in the item relating
to Cannon Air Force Base, New Mexico, in the table entitled
``Special Operations Command'' in section 2401(a) is hereby
increased by $31,000,000.
(2) Project authorized.--The amount authorized to acquire
real property and carry out military construction projects
for the Special Operations Command at Cannon Air Force, New
Mexico, pursuant to paragraph (1) may be available for the
construction of Special Operations Forces C-130 Fuel Cell and
Corrosion Control Hangars.
(b) Increase in Amount Authorized To Be Appropriated.--The
amount authorized to be appropriated by section 2403 for
military construction, land acquisition, and military family
housing functions of the Department of Defense and the amount
designated under paragraph (1) of such section for military
construction projects inside the United States are each
increased by $31,000,000.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance for the Air
Force is hereby reduced by $31,000,000.
______

SA 2072. Mrs. LINCOLN (for herself, Mr. Crapo, Mr. Durbin, Mr.
Coleman, Mr. Brown, Mr. Kerry, Mr. Leahy, Mr. Harkin, Mr. Casey, Ms.
Snowe, Ms. Mikulski, and Ms. Klobuchar) submitted an amendment intended
to be proposed by her to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 673. RECODIFICATION IN TITLE 38, UNITED STATES CODE, OF
CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS FOR
MEMBERS OF THE RESERVE COMPONENTS.

(a) In General.--Part III of title 38, United States Code,
is amended by inserting after chapter 32 the following new
chapter:

``CHAPTER 33--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE RESERVE
COMPONENTS

``subchapter i--members of the selected reserve

``Sec.
``3301. Educational assistance program: establishment; amount.
``3302. Eligibility for educational assistance.
``3303. Time limitation for use of entitlement.
``3304. Termination of assistance.
``3305. Failure to participate satisfactorily; penalties.
``3306. Administration of program
``3307. Reports to Congress.

``subchapter ii--reserve component members supporting contingency
operations and certain other operations

``3321. Purpose.
``3322. Educational assistance program.
``3323. Eligibility for educational assistance.
``3324. Time limitation for use of entitlement.
``3325. Termination of assistance.
``3326. Administration of program.

``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE

``Sec. 3301. Educational assistance program: establishment;
amount

``(a) Establishment.--To encourage membership in units of
the Selected Reserve of the Ready Reserve, the Secretary of
Veterans Affairs, shall establish and maintain a program to
provide educational assistance to members of the Selected
Reserve of the Ready Reserve of the Armed Forces. The
Secretary of each military department shall, under
regulations prescribed by the Secretary of Defense, provide
to individuals who meet the eligibility requirements under
section 3302 of this title the opportunity to receive
educational assistance under this subchapter and shall
maintain a program to increase the rate of educational
assistance under this subchapter in accordance with
subsection (i).
``(b) Amount of Payment.--(1) Each educational assistance
program established under subsection (a) shall provide for
payment by the Secretary of Veterans Affairs of an
educational assistance allowance to each person entitled to
educational assistance under this subchapter who is pursuing
a program of education. Except as provided in subsections (d)
through (f), the educational assistance allowance shall be
paid at the rates in effect under the former chapter 1606 of
title 10, as in effect immediately before the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2008, as increased under paragraph (3).
``(2) For each month of less than half-time pursuit of a
program of education, educational assistance under this
subchapter shall be paid at a rate of 25 percent of the
amount payable for a month of full-time pursuit of a program
of education, except that no payment may be made to a person
for less than half-time pursuit if tuition assistance is
otherwise available to the person for such pursuit from the
military department concerned.
``(3) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar)
in the rates payable under subparagraphs (A), (B), and (C) of
paragraph (1) equal to the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(B) such Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).

[[Page S9031]]

``(c) Approved Programs of Education; Maximum Months of
Assistance.--(1) Educational assistance may be provided under
this subchapter for pursuit of any program of education that
is an approved program of education for purposes of chapter
30 of this title.
``(2) Subject to section 3695 of this title, the maximum
number of months of educational assistance that may be
provided to any person under this subchapter is 36 (or the
equivalent thereof in part-time educational assistance).
``(3)(A) Notwithstanding any other provision of this
subchapter or chapter 36 of this title, any payment of an
educational assistance allowance described in subparagraph
(B) of this paragraph shall not--
``(i) be charged against the entitlement of any individual
under this subchapter; or
``(ii) be counted toward the aggregate period for which
section 3695 of this title limits an individual's receipt of
assistance.
``(B) The payment of the educational assistance allowance
referred to in subparagraph (A) of this paragraph is the
payment of such an allowance to the individual for pursuit of
a course or courses under this subchapter if the Secretary of
Veterans Affairs finds that the individual--
``(i) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 12301(a),
12301(d), 12301(g), 12302, or 12304 of title 10; and
``(ii) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having
to discontinue, as described in clause (i), the individual's
course pursuit.
``(C) The period for which, by reason of this subsection,
an educational assistance allowance is not charged against
entitlement or counted toward the applicable aggregate period
under section 3695 of this title shall not exceed the portion
of the period of enrollment in the course or courses for
which the individual failed to receive credit or with respect
to which the individual lost training time, as determined
under subparagraph (B)(ii).
``(d) Programs of Apprenticeship.--(1) Except as provided
in paragraph (2), the amount of the monthly educational
assistance allowance payable to a person pursuing a full-time
program of apprenticeship or other on-the-job training under
this subchapter is--
``(A) for each of the first six months of the person's
pursuit of such program, 75 percent of the monthly
educational assistance allowance otherwise payable to such
person under this subchapter;
``(B) for each of the second six months of the person's
pursuit of such program, 55 percent of such monthly
educational assistance allowance; and
``(C) for each of the months following the first 12 months
of the person's pursuit of such program, 35 percent of such
monthly educational assistance allowance.
``(2) In any month in which any person pursuing a program
of education consisting of a program of apprenticeship or
other on-the-job training fails to complete 120 hours of
training, the amount of the monthly educational assistance
allowance payable under this subchapter to the person shall
be limited to the same proportion of the applicable full-time
rate as the number of hours worked during such month, rounded
to the nearest 8 hours, bears to 120 hours.
``(3)(A) Except as provided in subparagraph (B), for each
month that such person is paid a monthly educational
assistance allowance under this subchapter, the person's
entitlement under this subchapter shall be charged at the
rate of--
``(i) 75 percent of a month in the case of payments made in
accordance with paragraph (1)(A);
``(ii) 55 percent of a month in the case of payments made
in accordance with paragraph (1)(B); and
``(iii) 35 percent of a month in the case of payments made
in accordance with paragraph (1)(C).
``(B) Any such charge to the entitlement shall be reduced
proportionately in accordance with the reduction in payment
under paragraph (2).
``(e) Correspondence Courses.--(1)(A) The amount of the
educational assistance allowance payable under this
subchapter to a person who enters into an agreement to
pursue, and is pursuing, a program of education exclusively
by correspondence is an amount equal to 55 percent of the
established charge which the institution requires nonveterans
to pay for the course or courses pursued by such person.
``(B) For purposes of subparagraph (A), the term
`established charge' means the lesser of--
``(i) the charge for the course or courses determined on
the basis of the lowest extended time payment plan offered by
the institution and approved by the appropriate State
approving agency; or
``(ii) the actual charge to the person for such course or
courses.
``(C) Such allowance shall be paid quarterly on a pro rata
basis for the lessons completed by the person and serviced by
the institution.
``(2) In each case in which the amount of educational
assistance is determined under paragraph (1), the period of
entitlement of the person concerned shall be charged with one
month for each amount equal to the amount of the monthly rate
payable under subsection (b)(1)(A) for the fiscal year
concerned which is paid to the individual as an educational
assistance allowance.
``(f) Flight Training.--(1) The Secretary of Veterans
Affairs may approve the pursuit of flight training (in
addition to a course of flight training that may be approved
under section 3680A(b) of this title) by an individual
entitled to educational assistance under this subchapter if--
``(A) such training is generally accepted as necessary for
the attainment of a recognized vocational objective in the
field of aviation;
``(B) the individual possesses a valid private pilot
certificate and meets, on the day the individual begins a
course of flight training, the medical requirements necessary
for a commercial pilot certificate; and
``(C) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved by
the Federal Aviation Administration and the State approving
agency.
``(2) Each individual who is pursuing a program of
education consisting exclusively of flight training approved
as meeting the requirements of paragraph (1) shall be paid an
educational assistance allowance under this subchapter in the
amount equal to 60 percent of the established charges for
tuition and fees which similarly circumstanced nonveterans
enrolled in the same flight course are required to pay.
``(3) No educational assistance allowance may be paid under
this subchapter to an individual for any month during which
such individual is pursuing a program of education consisting
exclusively of flight training until the Secretary has
received from that individual and the institution providing
such training a certification of the flight training received
by the individual during that month and the tuition and other
fees charged for that training.
``(4) The period of entitlement of an individual pursuing a
program of education described in paragraph (1) shall be
charged with one month for each amount equal to the amount of
the monthly rate payable under subsection (b)(1)(A) for the
fiscal year concerned which is paid to that individual as an
educational assistance allowance for such program.
``(5) The number of solo flying hours for which an
individual may be paid an educational assistance allowance
under this subsection may not exceed the minimum number of
solo flying hours required by the Federal Aviation
Administration for the flight rating or certification which
is the goal of the individual's flight training.
``(g) Individualized Tutorial Assistance.--(1)(A) Subject
to subparagraph (B), the Secretary of Veterans Affairs shall
approve individualized tutorial assistance for any person
entitled to educational assistance under this subchapter
who--
``(i) is enrolled in and pursuing a postsecondary course of
education on a half-time or more basis at an educational
institution; and
``(ii) has a deficiency in a subject required as a part of,
or which is prerequisite to, or which is indispensable to the
satisfactory pursuit of, the program of education.
``(B) The Secretary of Veterans Affairs shall not approve
individualized tutorial assistance for a person pursuing a
program of education under this paragraph unless such
assistance is necessary for the person to successfully
complete the program of education.
``(2)(A) Subject to subparagraph (B), the Secretary of
Veterans Affairs shall pay to a person receiving
individualized tutorial assistance pursuant to paragraph (1)
a tutorial assistance allowance. The amount of the allowance
payable under this paragraph may not exceed $100 for any
month, nor aggregate more than $1,200. The amount of the
allowance paid under this paragraph shall be in addition to
the amount of educational assistance allowance payable to a
person under this subchapter.
``(B) A tutorial assistance allowance may not be paid to a
person under this paragraph until the educational institution
at which the person is enrolled certifies that--
``(i) the individualized tutorial assistance is essential
to correct a deficiency of the person in a subject required
as a part of, or which is prerequisite to, or which is
indispensable to the satisfactory pursuit of, an approved
program of education;
``(ii) the tutor chosen to perform such assistance is
qualified to provide such assistance and is not the person's
parent, spouse, child (whether or not married or over
eighteen years of age), brother, or sister; and
``(iii) the charges for such assistance do not exceed the
customary charges for such tutorial assistance.
``(3)(A) A person's period of entitlement to educational
assistance under this subchapter shall be charged only with
respect to the amount of tutorial assistance paid to the
person under this subsection in excess of $600.
``(B) A person's period of entitlement to educational
assistance under this subchapter shall be charged at the rate
of one month for each amount of assistance paid to the
individual under this section in excess of $600 that is equal
to the amount of the monthly educational assistance allowance
which the person is otherwise eligible to receive for full-
time pursuit of an institutional course under this
subchapter.
``(h) Courses Beyond Baccalaureate Degree.--A program of
education in a course of instruction beyond the baccalaureate
degree level shall be provided under this subchapter, subject
to the availability of appropriations.
``(i) Special Skills.--(1) In the case of a person who has
a skill or specialty designated by the Secretary of the
military department concerned as a skill or specialty in

[[Page S9032]]

which there is a critical shortage of personnel or for which
it is difficult to recruit or, in the case of critical units,
retain personnel, the Secretary of the military department
concerned may increase the rate of the educational assistance
allowance applicable to that person to such rate in excess of
the rate prescribed under subparagraphs (A) through (D) of
subsection (b)(1) as the Secretary of Defense considers
appropriate, but the amount of any such increase may not
exceed $350 per month.
``(2) In the case of a person who has a skill or specialty
designated by the Secretary of the military department
concerned as a skill or specialty in which there is a
critical shortage of personnel or for which it is difficult
to recruit or, in the case of critical units, retain
personnel, who is eligible for educational benefits under
chapter 30 (other than section 3012) of this title and who
meets the eligibility criteria specified in subparagraphs (A)
and (B) of section 3302(a)(1) of this title, the Secretary of
the military department concerned may increase the rate of
the educational assistance allowance applicable to that
person to such rate in excess of the rate prescribed under
section 3015 of this title as the Secretary of Defense
considers appropriate, but the amount of any such increase
may not exceed $350 per month.
``(3) The authority provided by paragraphs (1) and (2)
shall be exercised by the Secretaries of the military
departments under regulations prescribed by the Secretary of
Defense.
``(j) Licensing and Certification.--(1) Subject to
paragraph (3), the amount of educational assistance payable
under this subchapter for a licensing or certification test
described in section 3452(b) of this title is the lesser of
$2,000 or the fee charged for the test.
``(2) The number of months of entitlement charged in the
case of any individual for such licensing or certification
test is equal to the number (including any fraction)
determined by dividing the total amount of educational
assistance paid such individual for such test by the full-
time monthly institutional rate of educational assistance
which, but for paragraph (1), such individual would otherwise
be paid under subsection (b).
``(3) In no event shall payment of educational assistance
under this subsection for such a test exceed the amount of
the individual's available entitlement under this subchapter.

``Sec. 3302. Eligibility for educational assistance

``(a) Eligibility.--A person who--
``(1) after June 30, 1985--
``(A) enlists, reenlists, or extends an enlistment as a
Reserve for service in the Selected Reserve for a period of
not less than six years; or
``(B) is appointed as, or is serving as, a reserve officer
and agrees to serve in the Selected Reserve for a period of
not less than six years in addition to any other period of
obligated service in the Selected Reserve to which the person
may be subject; and
``(2) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
an equivalency certificate);

is entitled to educational assistance under section 3301 of
this title.
``(b) Active Duty for Training Required.--Educational
assistance may not be provided to a member under this
subchapter until the member has completed the initial period
of active duty for training required of the member.
``(c) Notification.--Each person who becomes entitled to
educational assistance under subsection (a) shall at the time
the person becomes so entitled be given a statement in
writing summarizing the provisions of this subchapter and
stating clearly and prominently the substance of sections
3304 and 3305 of this title as such sections may apply to the
person. At the request of the Secretary of Veterans Affairs,
the Secretary of Defense shall transmit a notice of
entitlement for each such person to that Secretary.
``(d) Bar From Dual Eligibility.--A person who serves in
the Selected Reserve may not receive credit for such service
under both the program established by chapter 30 of this
title and the program established by this subchapter but
shall elect (in such form and manner as the Secretary of
Veterans Affairs may prescribe) the program to which such
service is to be credited. However, a person may not receive
credit under the program established by this subchapter for
service (in any grade) on full-time active duty or full-time
National Guard duty for the purpose of organizing,
administering, recruiting, instructing, or training the
reserve components in a position which is included in the end
strength required to be authorized each year by section
115(a)(1)(B) of title 10.

``Sec. 3303. Time limitation for use of entitlement

``(a) Time Limitation.--Except as provided in subsection
(b), the period during which a person entitled to educational
assistance under this subchapter may use such person's
entitlement expires: (1) at the end of the 14-year period
beginning on the date on which such person becomes entitled
to such assistance; or (2) on the date the person is
separated from the Selected Reserve, whichever occurs first.
``(b) Exceptions.--(1) In the case of a person--
``(A) who is separated from the Selected Reserve because of
a disability which was not the result of the individual's own
willful misconduct incurred on or after the date on which
such person became entitled to educational assistance under
this subchapter; or
``(B) who, on or after the date on which such person became
entitled to educational assistance under this subchapter
ceases to be a member of the Selected Reserve during the
period beginning on October 1, 1991, and ending on December
31, 2001, by reason of the inactivation of the person's unit
of assignment or by reason of involuntarily ceasing to be
designated as a member of the Selected Reserve pursuant to
section 10143(a) of title 10,

the period for using entitlement prescribed by subsection (a)
shall be determined without regard to clause (2) of such
subsection.
``(2) The provisions of section 3031(f) of this title shall
apply to the period of entitlement prescribed by subsection
(a).
``(3) The provisions of section 3031(d) of this title shall
apply to the period of entitlement prescribed by subsection
(a) in the case of a disability incurred in or aggravated by
service in the Selected Reserve.
``(4) In the case of a member of the Selected Reserve of
the Ready Reserve who serves on active duty pursuant to an
order to active duty issued under section 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10--
``(A) the period of such active duty service plus four
months shall not be considered in determining the expiration
date applicable to such member under subsection (a); and
``(B) the member may not be considered to have been
separated from the Selected Reserve for the purposes of
clause (2) of such subsection by reason of the commencement
of such active duty service.

``Sec. 3304. Termination of assistance

``Educational assistance may not be provided under this
subchapter--
``(1) to a member receiving financial assistance under
section 2107 of title 10 as a member of the Senior Reserve
Officers' Training Corps program; or
``(2) to a member who fails to participate satisfactorily
in required training as a member of the Selected Reserve.

``Sec. 3305. Failure to participate satisfactorily; penalties

``(a) Penalties.--At the option of the Secretary of the
military department concerned, in consultation with the
Secretary of Veterans Affairs, a member of the Selected
Reserve of an armed force who does not participate
satisfactorily in required training as a member of the
Selected Reserve during a term of enlistment or other period
of obligated service that created entitlement of the member
to educational assistance under this subchapter, and during
which the member has received such assistance, may--
``(1) be ordered to active duty for a period of two years
or the period of obligated service the person has remaining
under section 3302 of this title, whichever is less; or
``(2) be subject to repayment requirements prescribed by
the Secretary of Veterans Affairs that are similar to the
repayment provisions under section 303a(e) of title 37.
``(b) Collection of Funds.--The Secretary of Veterans
Affairs shall collect any amount required to be repaid under
subsection (a)(2).
``(c) Effect of Repayment.--Any repayment under subsection
(a)(2) shall not affect the period of obligation of a member
to serve as a Reserve in the Selected Reserve.

``Sec. 3306. Administration of program

``(a) Payments.--(1) Except as provided under paragraph
(2), payments for educational assistance under this
subchapter shall be made from funds appropriated or otherwise
made available to the Department of Veterans Affairs for
fiscal year 2009 or any subsequent fiscal year for the
payment of readjustment benefits.
``(2) Payments for increases in rates of educational
assistance under section 3301(i) shall be made from amounts
in the Department of Defense Education Benefits Fund under
section 2006 of title 10. Amounts for such payments shall be
made available to the Secretary in accordance with the
provisions of section 2006(d) of title 10.
``(b) Program Management.--Except as otherwise provided in
this subchapter, the provisions of sections 3470, 3471, 3474,
3476, 3482(g), 3483, and 3485 of this title and the
provisions of subchapters I and II of chapter 36 of this
title (with the exception of sections 3686(a) and 3687) shall
be applicable to the provision of educational assistance
under this subchapter. The term `eligible veteran' and the
term `person', as used in those provisions, shall be deemed
for the purpose of the application of those provisions to
this subchapter to refer to a person eligible for educational
assistance under this subchapter.
``(c) Application of Benefits.--The Secretary of Veterans
Affairs may not make a distinction in the application of
educational assistance benefits under this subchapter on the
basis of whether a person who is eligible for educational
assistance under this subchapter first became so eligible
under former chapter 1606 of title 10, as in effect
immediately on September 30, 2008.

``Sec. 3307. Biennial report to Congress

``The Secretary of Veterans Affairs, in coordination with
the Secretary of Defense, shall submit to Congress a report
not later than March 1 of each odd-numbered year concerning
the operation of the educational assistance program
established by this subchapter during the preceding two
fiscal years. Each such report shall include the number of
members of the Selected Reserve of the Ready Reserve of each
armed force receiving, and the number entitled to receive,
educational assistance under this subchapter during those
fiscal years. The Secretary may

[[Page S9033]]

submit the report more frequently and adjust the period
covered by the report accordingly.

``SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY
OPERATIONS AND CERTAIN OTHER OPERATIONS

``Sec. 3321. Purpose

``The purpose of this subchapter is to provide educational
assistance to members of the reserve components called or
ordered to active service in response to a war or national
emergency declared by the President or Congress, in
recognition of the sacrifices that those members make in
answering the call to duty.

``Sec. 3322. Educational assistance program

``(a) Program Establishment.--The Secretary of Veterans
Affairs, shall establish and maintain a program as prescribed
in this subchapter to provide educational assistance to
members of the Ready Reserve of the Armed Forces. The
Secretary of each military department shall, under
regulations prescribed by the Secretary of Defense, provide
to individuals who meet the eligibility requirements under
section 3323 of this title the opportunity to receive
educational assistance under this subchapter.
``(b) Authorized Education Programs.--Educational
assistance may be provided under this subchapter for pursuit
of any program of education that is an approved program of
education for purposes of chapter 30 of this title.
``(c) Benefit Amount.--(1) The educational assistance
program established under subsection (a) shall provide for
payment by the Secretary of Veterans Affairs of an
educational assistance allowance to each member entitled to
educational assistance under this subchapter who is pursuing
a program of education authorized under subsection (b).
``(2) The educational assistance allowance provided under
this subchapter shall be based on the applicable percent
under paragraph (4) to the applicable rate provided under
section 3015 of this title for a member whose entitlement is
based on completion of an obligated period of active duty of
three years.
``(3) The educational assistance allowance provided under
this section for a person who is undertaking a program for
which a reduced rate is specified in chapter 30 of this
title, that rate shall be further adjusted by the applicable
percent specified in paragraph (4).
``(4) The adjusted educational assistance allowance under
paragraph (2) or (3), as applicable, shall be--
``(A) 40 percent in the case of a member of a reserve
component who performed active service for 90 consecutive
days but less than one continuous year;
``(B) 60 percent in the case of a member of a reserve
component who performed active service for one continuous
year but less than two continuous years; or
``(C) 80 percent in the case of a member of a reserve
component who performed active service for two continuous
years or more.
``(d) Maximum Months of Assistance.--(1) Subject to section
3695 of this title, the maximum number of months of
educational assistance that may be provided to any member
under this subchapter is 36 (or the equivalent thereof in
part-time educational assistance).
``(2)(A) Notwithstanding any other provision of this
subchapter or chapter 36 of this title, any payment of an
educational assistance allowance described in subparagraph
(B) shall not--
``(i) be charged against the entitlement of any individual
under this subchapter; or
``(ii) be counted toward the aggregate period for which
section 3695 of this title limits an individual's receipt of
assistance.
``(B) The payment of the educational assistance allowance
referred to in subparagraph (A) is the payment of such an
allowance to the individual for pursuit of a course or
courses under this subchapter if the Secretary of Veterans
Affairs finds that the individual--
``(i) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 12301(a),
12301(d), 12301(g), 12302, or 12304 of title 10; and
``(ii) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having
to discontinue, as described in clause (i), the individual's
course pursuit.
``(C) The period for which, by reason of this subsection,
an educational assistance allowance is not charged against
entitlement or counted toward the applicable aggregate period
under section 3695 of this title shall not exceed the portion
of the period of enrollment in the course or courses for
which the individual failed to receive credit or with respect
to which the individual lost training time, as determined
under subparagraph (B)(ii).
``(e) Availability of Assistance for Licensing and
Certification Tests.--The provisions of section 3301(j) of
this title shall apply to the provision of educational
assistance under this subchapter, except that, in applying
such section under this subchapter, the reference to
subsection (b) in paragraph (2) of such section is deemed to
be a reference to subsection (c) of this section.
``(f) Flight Training.--The Secretary of Veterans Affairs
may approve the pursuit of flight training (in addition to a
course of flight training that may be approved under section
3680A(b) of this title) by an individual entitled to
educational assistance under this subchapter if--
``(1) such training is generally accepted as necessary for
the attainment of a recognized vocational objective in the
field of aviation;
``(2) the individual possesses a valid private pilot
certificate and meets, on the day the member begins a course
of flight training, the medical requirements necessary for a
commercial pilot certificate; and
``(3) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved by
the Federal Aviation Administration and the State approving
agency.

``Sec. 3323. Eligibility for educational assistance

``(a) Eligibility.--On or after September 11, 2001, a
member of a reserve component is entitled to educational
assistance under this subchapter if the member--
``(1) served on active duty in support of a contingency
operation for 90 consecutive days or more; or
``(2) in the case of a member of the Army National Guard of
the United States or Air National Guard of the United States,
performed full time National Guard duty under section 502(f)
of title 32 for 90 consecutive days or more when authorized
by the President or Secretary of Defense for the purpose of
responding to a national emergency declared by the President
and supported by Federal funds.
``(b) Disabled Members.--Notwithstanding the eligibility
requirements in subsection (a), a member who was ordered to
active service as prescribed under subsection (a)(1) or
(a)(2) but is released from duty before completing 90
consecutive days because of an injury, illness or disease
incurred or aggravated in the line of duty shall be entitled
to educational assistance under this subchapter at the rate
prescribed in section 3322(c)(4)(A) of this title.
``(c) Written Notification.--(1) Each member who becomes
entitled to educational assistance under subsection (a) shall
be given a statement in writing prior to release from active
service that summarizes the provisions of this subchapter and
stating clearly and prominently the substance of section 3325
of this title as such section may apply to the member.
``(2) At the request of the Secretary of Veterans Affairs,
the Secretary of the military department concerned shall
transmit a notice of entitlement for each such member to that
Secretary.
``(d) Bar From Dual Eligibility.--A member who qualifies
for educational assistance under this subchapter may not
receive credit for such service under both the program
established by chapter 30 of this title and the program
established by this subchapter but shall make an irrevocable
election (in such form and manner as the Secretary of
Veterans Affairs may prescribe) as to the program to which
such service is to be credited.
``(e) Bar From Duplication of Educational Assistance
Allowance.--(1) Except as provided in paragraph (2), an
individual entitled to educational assistance under this
subchapter who is also eligible for educational assistance
under subchapter I of this chapter, chapter 30, 31, 32, or 35
of this title, or under the Hostage Relief Act of 1980
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive
assistance under more than one such programs and shall elect
(in such form and manner as the Secretary of Veterans Affairs
may prescribe) under which program the member elects to
receive educational assistance.
``(2) The restriction on duplication of educational
assistance under paragraph (1) does not apply to the
entitlement of educational assistance under section 3301(i)
of this title.

``Sec. 3324. Time limit for use of entitlement

``(a) Duration of Entitlement.--Except as provided in
subsection (b), a member remains entitled to educational
assistance under this subchapter while serving--
``(1) 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
``(2) 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).
``(b) Duration of Entitlement for Disabled Members.--(1) In
the case of a person who is separated from the Ready Reserve
because of a disability which was not the result of the
individual's own willful misconduct incurred on or after the
date on which such person became entitled to educational
assistance under this subchapter, such person's entitlement
to educational assistance expires at the end of the 10-year
period beginning on the date on which such person became
entitled to such assistance.
``(2) The provisions of subsections (d) and (f) of section
3031 of this title shall apply to the period of entitlement
prescribed by paragraph (1).

``Sec. 3325. Termination of assistance

``(a) In General.--Except as provided in subsection (b),
educational assistance may not be provided under this
subchapter, or if being provided under this subchapter, shall
be terminated--
``(1) if the member is receiving financial assistance under
section 2107 of title 10 as a member of the Senior Reserve
Officers' Training Corps program; or
``(2) when the member separates from the Ready Reserve, as
provided for under section 3324(a)(1) or section 3324(a)(2),
as applicable, of this title.

[[Page S9034]]

``(b) Exception.--Under regulations prescribed by the
Secretary of Defense, educational assistance may be provided
under this subchapter to a member of the Selected Reserve of
the Ready Reserve who incurs a break in service in the
Selected Reserve of not more than 90 days if the member
continues to serve in the Ready Reserve during and after such
break in service.

``Sec. 3326. Administration of program

``(a) Payments.--Payments for educational assistance under
this subchapter shall be made from funds appropriated or
otherwise made available to the Department of Veterans
Affairs for fiscal year 2009 or any subsequent fiscal year
for the payment of readjustment benefits.
``(b) Program Management.--Except as otherwise provided in
this subchapter, the provisions of sections 3470, 3471, 3474,
3476, 3482(g), 3483, and 3485 of this title and the
provisions of subchapters I and II of chapter 36 of this
title (with the exception of sections 3686(a) and 3687) shall
be applicable to the provision of educational assistance
under this subchapter. The term `eligible veteran' and the
term `person', as used in those provisions, shall be deemed
for the purpose of the application of those provisions to
this subchapter to refer to a person eligible for educational
assistance under this subchapter.
``(c) Application of Benefits.--The Secretary of Veterans
Affairs may not make a distinction in the application of
educational assistance benefits under this subchapter on the
basis of whether a person who is eligible for educational
assistance under this subchapter first became so eligible
under former chapter 1607 of title 10, as in effect
immediately on September 30, 2008.''.
(b) Transfer of Amounts for Benefits Accrued Before October
1, 2008.--
(1) Fiscal year 2009.--By not later than October 1, 2008,
the Secretary of Defense shall transfer to the Secretary of
Veterans Affairs from the funds in the Department of Defense
Education Benefits Fund under section 2006 of title 10,
United States Code, that are attributable to armed forces
education liabilities under chapters 1606 and 1607 of such
title (other than such liabilities under section 16131(i) of
such title) that accrue before such date, such funds as may
be required by the Secretary of Veterans Affairs to make
payments with respect to such liabilities during fiscal year
2009. Such amounts shall be deposited into the Readjustment
Benefits Account of the Department of Veterans Affairs and
shall be used only by the Secretary of Veterans Affairs to
make payments of educational assistance under chapter 33 of
title 38, United States Code, as added by subsection (a).
Funds deposited in the Readjustment Benefits Account under
this paragraph may not be used to pay any benefit that is
payable from the Readjustment Benefits Account other than a
payment of educational assistance under chapter 33 of title
38, United States Code, as added by subsection (a).
(2) Treatment of receipts.--Receipts that would otherwise
be credited to the account established for the payment of
benefits under the Department of Defense Education Benefits
Fund under section 2006 of title 10, United States Code, for
the payment of benefits under the chapters 1606 and 1607 of
such title (other than such benefits under section 16131(i)
of such title), shall be credited to the Readjustment
Benefits Account of the Department of Veterans Affairs and
merged with funds deposited in that account under paragraph
(1), to be available for the same purposes and subject to the
same limitations as such funds.
(3) Agreement for subsequent fiscal years.--By not later
than October 1, 2008, the Secretary of Defense and the
Secretary of Veterans Affairs shall enter into an agreement
under which the Secretary of Defense shall transfer to the
Secretary of Veterans Affairs all remaining funds in the
Department of Defense Education Benefits Fund under section
2006 of title 10, United States Code, that are attributable
to armed forces liabilities under the former chapters 1606
and 1607 of such title (other than such liabilities under
section 16131(i) of such title) that accrue before such date.
Such amounts shall be deposited into the education account of
the Readjustment Benefits Account of the Department of
Veterans Affairs and shall be available to the Secretary of
Veterans Affairs to make payments of educational assistance
under chapter 33 of title 38, United States Code, as added by
subsection (a).
(4) Report.--By not later than October 1, 2008, the
Secretary of Defense shall submit to the congressional
defense committees, the Committee on Veterans Affairs of the
Senate, and the Committee on Veterans Affairs of the House of
Representatives a detailed report on the agreement between
the Secretary of Defense and the Secretary of Veterans
Affairs and the status of the transfer of funds described in
paragraph (2). Such report shall include the date on which
the Secretary of Defense has agreed to complete such
transfer.
(c) Clerical Amendments.--The tables of chapters at the
beginning of title 38, United States Code, and at the
beginning of part III of such title, are each amended by
inserting after the item relating to chapter 32 the following
new item:

``33. Educational Assistance for Members of the Reserve Comp3301''.....

(d) Technical and Conforming Amendments.--
(1) Conforming amendments on bar on dual eligibility for
benefits.--
(A) Section 3033 of title 38, United States Code, is
amended--
(i) in subsection (a)(1), by striking ``chapter 106 or 107
of title 10'' and inserting ``under subchapter I or
subchapter II of chapter 33 of this title, under chapter 107
of title 10''; and
(ii) in subsection (c), by striking ``chapter 106 of title
10'' and inserting ``subchapter I of chapter 33 of this
title''.
(B) Section 3221(f) of such title is amended by striking
``chapter 106 of title 10'' and inserting ``subchapter I of
chapter 33 of this title''.
(C) Section 3681 of such title is amended--
(i) in subsection (a), by striking ``34, 35, or 36 of this
title or 106 or 107 of title 10,'' and inserting ``33, 34,
35, or 36 of this title''; and
(ii) in subsection (b)--

(I) in paragraph (1), by inserting before the period the
following: ``, and subchapters I and II of chapter 33 of this
title''; and
(II) in paragraph (2), by striking ``Chapters 106 and'' and
inserting ``Chapter''.

(2) Conforming amendments relating to department of defense
education benefits fund.--
(A) Definition of armed forces education liabilities.--
Paragraph (1) of section 2006(b) of title 10, United States
Code, is amended to read as follows:
``(1) The term `armed forces education liabilities' means
liabilities of the armed forces for benefits under chapter 30
and section 3301(i) of title 38 and for Department of Defense
benefits under paragraphs (3) and (4) of section 510(e) of
this title, including funds provided by the Secretary of
Homeland Security for education liabilities for the Coast
Guard when it is not operating as a service in the Department
of the Navy.''.
(B) Definition of normal cost.--Paragraph (2) of such
section is amended by striking subparagraph (C) and inserting
the following new subparagraph:
``(C) The present value of the future Department of Defense
benefits payable from the Fund (including funds from the
Department in which the Coast Guard is operating) for
educational assistance under section 3301(i) of title 38 to
persons who during such period become entitled to such
assistance.''.
(3) Cross-reference amendments.--
(A) Chapter 106 of title 10, united states code.--
(i) Section 2131 of title 10, United States Code, is
amended to read as follows:

``Sec. 2131. Reference to subchapter I of chapter 33 of title
38

``Provisions of law related to educational assistance for
members of the Selected Reserve under the Montgomery GI Bill
program, as formerly set forth in this chapter and chapter
1606 of this title, are set forth in subchapter I of chapter
33 of title 38 (beginning with section 3301 of title 38).''.
(ii) The table of sections at the beginning of chapter 106
of such title is amended by striking the item relating to
section 2131 and inserting the following new item:

``2131. Reference to subchapter I of chapter 33 of title 38.''.

(B) Chapter 1606 of title 10, united states code.--Chapter
1606 of such title is amended by striking all after the
chapter heading and inserting the following:

``Sec.
``16131. Reference to subchapter I of chapter 33 of title 38.

``Sec. 16131. Reference to subchapter I of chapter 33 of
title 38

``Provisions of law related to educational assistance for
members of the Selected Reserve under the Montgomery GI Bill
program, as formerly set forth in this chapter, are set forth
in subchapter I of chapter 33 of title 38 (beginning with
section 3301 of that title).''.
(C) Chapter 1607 of title 10, united states code.--Chapter
1607 of such title is amended by striking all after the
chapter heading and inserting the following:

``Sec.
``16161. Reference to subchapter II of chapter 33 of title 38.

``Sec. 16161. Reference to subchapter II of chapter 33 of
title 38

``Provisions of law related to educational assistance for
members of the reserve components of the Armed Forces
supporting contingency operations and certain other
operations, as formerly set forth in this chapter, are set
forth in subchapter II of chapter 33 of title 38 (beginning
with section 3321 of that title).''.
(4) Additional conforming amendments.--
(A) Title 38, united states code.--
(i) Section 3485 of title 38, United States Code, is
amended--

(I) in subsection (a)(4)(E), by striking ``chapter 1606 or
1607 of title 10'' and inserting ``chapter 33 of this
title'';
(II) in subsection (b), by striking ``chapter 30, 31, 32,
or 34 of this title or chapter 1606 or 1607 of title 10,''
and inserting ``chapter 30, 31, 32, 33, or 34 of this
title''; and
(III) in subsection (e)(1)--

(aa) by striking ``, chapter 30, 31, 32, 35, or 36 of this
title, or chapter 1606 or 1607 of title 10'' and inserting
``or chapter 30, 31, 32, 33, 35, or 36 of this title''; and
(bb) by striking ``section 2135 of such title'' and
inserting ``section 3305 of this title''.
(ii) Section 3672(c) of such title is amended--

(I) in paragraph (3)(A), by striking ``chapters 30 and 35
of this title and chapter 1606 of title 10'' and inserting
``chapters 30, 33, and 35 of this title''; and

[[Page S9035]]

(II) in paragraph (4), by striking ``chapter 30 or 35 of
this title, or chapter 1606 of title 10, as the case may be''
and inserting ``chapter 30, 33, or 35 of this title''.

(iii) Section 3674 of such title is amended--

(I) in subsection (a)(1), by striking ``and chapter 106 of
title 10''; and
(II) in subsection (c), by inserting ``33,'' after ``32,''.

(iv) Section 3680A(d)(1) of such title is amended--

(I) by striking ``or under chapter 106 of title 10'' the
first place it appears; and
(II) by striking ``or chapter 30, 31, 32, or 35 of this
title or under chapter 106 of title 10'' and inserting ``or
chapter 30, 31, 32, 33, or 35 of this title''.

(v) Section 3684A(a)(1) of such title is amended by
striking ``chapter 30 or 32 of this title or in chapter 106
of title 10'' and inserting ``chapter 30, 32, or 33 of this
title''.
(vi) Section 3688(b) of such title is amended by striking
``, chapter 30, 32, or 35 of this title, or chapter 106 of
title 10'' and inserting ``or chapter 30, 32, 33, or 35 of
this title''.
(vii) Section 3689 of such title is amended by inserting
``33,'' after ``32,'' each place it appears.
(viii) Section 3692 of such title is amended--

(I) in subsection (a), by striking ``or 35 of this title
and chapter 1606 of title 10'' and inserting ``33, or 35 of
this title''; and
(II) in subsection (b), by striking ``, chapters 30, 32,
and 35 of this title, and chapter 1606 of title 10'' and
inserting ``and chapters 30, 32, 33, and 35 of this title''.

(ix) Section 3695(a) of such title is amended--

(I) by striking paragraph (4) and inserting the following
new paragraph (4):

``(4) Chapters 30, 32, 34, 35, and 36 of this title and
subchapters I and II of chapter 33 of this title.''; and

(II) in paragraph (5), by striking ``, 1606, 1607,''.

(x) Section 3697(a) of such title is amended by striking
``chapter 30, 32, 34, or 35 of this title, or chapter 106 of
title 10,'' and inserting ``chapter 30, 32, 33, 34, or 35 of
this title''.
(xi) Section 3697A(b)(1) of such title is amended by
striking ``or 32 of this title or chapter 106'' and inserting
``32, or 33 of this title or chapter''.
(B) Title 10, united states code.--Section 510(h) of title
10, United States Code, is amended--
(i) in paragraph (1)--

(I) in subparagraph (A), by striking ``additional
educational assistance under chapter 1606 of this title or to
basic educational assistance under subchapter II of chapter
30 of title 38'' and inserting ``basic educational assistance
under subchapter II of chapter 30 of title 38 or educational
assistance under subchapter I of chapter 33 of that title'';
and
(II) in subparagraph (B)--

(aa) by striking ``chapter 1606 of this title or chapter 30
of title 38'' and inserting ``chapter 30 or subchapter I of
chapter 33 of title 38''; and
(bb) by striking ``either such chapter'' each place it
appears and inserting ``either such provisions''; and
(ii) in paragraph (3)(A), by striking ``educational
assistance under chapter 1606 of this title'' and all that
follows through ``as the case may be'' and inserting ``basic
educational assistance under chapter 30 of title 38 or
educational assistance under subchapter I of chapter 33 of
that title from an entitlement to such basic educational
assistance under chapter 30 of that title or educational
assistance under subchapter I of chapter 33 of that title, as
the case may be''.
(C) Elementary and secondary education act of 1965.--
Section 2304(g) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6674(g)) is amended by striking ``chapter
30 of title 38 or chapter 1606 of title 10'' and inserting
``chapter 30 or 33 of title 38''.
(D) Internal revenue code of 1986.--Section 25A(g)(2)(B) of
the Internal Revenue Code of 1986 is amended by striking
``chapter 30, 31, 32, 34, or 35 of title 38, United States
Code, or under chapter 1606 of title 10, United States Code''
and inserting ``chapter 30, 31, 32, 33, 34, or 35 of title
38, United States Code''.
(e) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2008.
______

SA 2073. Mr. LIEBERMAN (for himself, Mr. McCain, Mr. Kyl, Mr. Graham,
Mr. Coleman, Ms. Collins, Mr. Sessions, Mr. Levin, Mr. Salazar, and Mr.
Craig) submitted an amendment intended to be proposed to amendment SA
2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill
H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

At the end of title XV, add the following:

SEC. 1535. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST
COALITION FORCES IN IRAQ.

(a) Findings.--Congress makes the following findings:
(1) Since January 19, 1984, the Secretary of State has
designated the Islamic Republic of Iran as a ``state sponsor
of terrorism,'' one of only five countries in the world at
present so designated.
(2) The Department of State, in its most recent ``Country
Reports on Terrorism,'' stated that ``Iran remained the most
active state sponsor of terrorism'' in 2006.
(3) The most recent Country Reports on Terrorism report
further stated, ``Iran continued [in 2006] to play a
destabilizing role in Iraq. . . Iran provided guidance and
training to select Iraqi Shia political groups, and weapons
and training to Shia militant groups to enable anti-Coalition
attacks. Iranian government forces have been responsible for
at least some of the increasing lethality of anti-Coalition
attacks by providing Shia militants with the capability to
build IEDs with explosively formed projectiles similar to
those developed by Iran and Lebanese Hezbollah. The Iranian
Revolutionary Guard was linked to armor-piercing explosives
that resulted in the deaths of Coalition Forces.''
(4) In an interview published on June 7, 2006, Zalmay
Khalilzad, then-United States ambassador to Iraq, said of
Iranian support for extremist activity in Iraq, ``We can say
with certainty that they support groups that are attacking
coalition troops. These groups are using the same ammunition
to destroy armored vehicles that the Iranians are supplying
to Hezbollah in Lebanon. They pay money to Shiite militias
and they train some of the groups. We can't say whether
Teheran is supporting Al Qaeda, but we do know that Al Qaeda
people come here from Pakistan through Iran. And Ansar al
Sunna, a partner organization of Zarqawi's network, has a
base in northwest Iran.''
(5) On April 26, 2007, General David Petraeus, commander of
Multi-National Force-Iraq, said of Iranian support for
extremist activity in Iraq, ``The level of financing, the
level of training on Iranian soil, the level of equipping
some sophisticated technologies. . . even advice in some
cases, has been very, very substantial and very harmful.''
(6) On April 26, 2007, General Petraeus also said of
Iranian support for extremist activity in Iraq, ``We know
that it goes as high as [Brig. Gen. Qassem] Suleimani, who is
the head of the Qods Force. . .. We believe that he works
directly for the supreme leader of the country.''
(7) On May 27, 2007, then-Major General William Caldwell,
spokesperson for Multi-National Force-Iraq, said, ``What we
do know is that the Iranian intelligence services, the Qods
Force, is in fact both training, equipping, and funding Shia
extremist groups. . . both in Iraq and also in Iran. . .. We
have in detention now people that we have captured that, in
fact, are Sunni extremist-related that have, in fact,
received both some funding and training from the Iranian
intelligence services, the Qods Force.''
(8) On February 27, 2007, in testimony before the Committee
on Armed Services of the Senate, Lieutenant General Michael
Maples, director of the Defense Intelligence Agency, said of
Iranian support for extremist activity in Iraq, ``We believe
Hezbollah is involved in the training as well.''
(9) On July 2, 2007, Brigadier General Kevin Bergner,
spokesperson for Multi-National Force-Iraq, stated, ``The
Iranian Qods Force is using Lebanese Hezbollah essentially as
a proxy, as a surrogate in Iraq.''
(10) On July 2, 2007, Brigadier General Bergner detailed
the capture in southern Iraq by coalition forces of Ali Musa
Daqdaq, whom the United States military believes to be a 24-
year veteran of Lebanese Hezbollah involved in the training
of Iraqi extremists in Iraq and Iran.
(11) The Department of State designates Hezbollah a foreign
terrorist organization.
(12) On July 2, 2007, Brigadier General Bergner stated that
the Iranian Qods Force operates three camps near Teheran
where it trains Iraqi extremists in cooperation with Lebanese
Hezbollah, stating, ``The Qods Force, along with Hezbollah
instructors, train approximately 20 to 60 Iraqis at a time,
sending them back to Iraq organized into these special
groups. They are being taught how to use EPFs [explosively
formed penetrators], mortars, rockets, as well as
intelligence, sniper, and kidnapping operations.''
(13) On July 2, 2007, Brigadier General Bergner stated that
Iraqi extremists receive between $750,000 and $3,000,000
every month from Iranian sources.
(14) On July 2, 2007, Brigadier General Bergner stated that
``[o]ur intelligence reveals that senior leadership in Iran
is aware of this activity'' and that it would be ``hard to
imagine'' that Ayatollah Ali Khamenei, the Supreme Leader of
Iran, is unaware of it.
(15) On July 2, 2007, Brigadier General Bergner stated,
``There does not seem to be any follow-through on the
commitments that Iran has made to work with Iraq in
addressing the destabilizing security issues here in Iraq.''
(16) On February 11, 2007, the United States military held
a briefing in Baghdad at which its representatives stated
that at least 170 members of the United States Armed Forces
have been killed, and at least 620 wounded, by weapons tied
to Iran.
(17) On January 20, 2007, a sophisticated attack was
launched by insurgents at the Karbala Provincial Joint
Coordination Center in Iraq, resulting in the murder of five
American soldiers, four of whom were first abducted.
(18) On April 26, 2007, General Petraeus stated that the
so-called Qazali network was responsible for the attack on
the Karbala

[[Page S9036]]

Provincial Joint Coordination Center and that ``there's no
question that the Qazali network is directly connected to the
Iranian Qods force [and has] received money, training, arms,
ammunition, and at some points in time even advice and
assistance and direction''.
(19) On July 2, 2007, Brigadier General Bergner stated that
the United States Armed Forces possesses documentary evidence
that the Qods Force had developed detailed information on the
United States position at the Karbala Provincial Joint
Coordination Center ``regarding our soldiers' activities,
shift changes, and defenses, and this information was shared
with the attackers''.
(20) On July 2, 2007, Brigadier General Bergner stated of
the January 20 Karbala attackers, ``[They] could not have
conducted this complex operation without the support and
direction of the Qods Force.''
(b) Sense of Congress.--It is the sense of Congress that--
(1) the murder of members of the United States Armed Forces
by a foreign government or its agents is an intolerable and
unacceptable act of hostility against the United States by
the foreign government in question; and
(2) the Government of the Islamic Republic of Iran must
take immediate action to end all training, arming, equipping,
funding, advising, and any other forms of support that it or
its agents are providing, and have provided, to Iraqi
militias and insurgents, who are contributing to the
destabilization of Iraq and are responsible for the murder of
members of the United States Armed Forces.
(c) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 60 days thereafter, the
Commander, Multi-National Forces Iraq and the United States
Ambassador to Iraq shall jointly submit to Congress a report
describing and assessing in detail--
(A) the external support or direction provided to anti-
coalition forces by the Government of the Islamic Republic of
Iran or its agents;
(B) the strategy and ambitions in Iraq of the Government of
the Islamic Republic of Iran; and
(C) any counter-strategy or efforts by the United States
Government to counter the activities of agents of the
Government of the Islamic Republic of Iran in Iraq.
(2) Form.--Each report required under paragraph (1) shall
be in unclassified form, but may contain a classified annex.
______

SA 2074. Mrs. LINCOLN (for herself, Ms. Collins, Mr. Crapo, Mr.
Durbin, Mr. Coleman, Mr. Brown, Mr. Kerry, Mr. Leahy, Mr. Pryor, Mr.
Harkin, Mr. Casey, Ms. Snowe, Ms. Mikulski, and Ms. Klobuchar)
submitted an amendment intended to be proposed by her to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

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.
______

SA 2075. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title XXIV, add the following:

SEC. 2406. CONSTRUCTION OF SPECIAL OPERATIONS FORCES CV-22
SIMULATOR FACILITY AT CANNON AIR FORCE BASE,
NEW MEXICO.

(a) Authorization for Projects.--
(1) In general.--The amount set forth in the item relating
to Cannon Air Force Base, New Mexico, in the table entitled
``Special Operations Command'' in section 2401(a) is hereby
increased by $7,500,000.
(2) Project authorized.--The amount authorized to acquire
real property and carry out military construction projects
for the Special Operations Command at Cannon Air Force Base,
New Mexico, pursuant to paragraph (1) may be available for
the construction of a Special Operations Forces CV-22
Simulator Facility.
(b) Increase in Amount Authorized to Be Appropriated.--The
amount authorized to be appropriated by section 2403 for
military construction, land acquisition, and military family
housing functions of the Department of Defense and the amount
designated under paragraph (1) of such section for military
construction projects inside the United States are each
increased by $7,500,000.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance for the Air
Force is hereby reduced by $7,500,000.
______

SA 2076. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title VI, add the following:

Subtitle G--Pay Protection for Members of the National Guard and
Reserve

SEC. 691. SHORT TITLE.

This subtitle may be cited as the ``Helping Our Patriotic
Employers at Helping Our Military Employees Act of 2007'' or
the ``HOPE at HOME Act of 2007''.

SEC. 692. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS
PERFORMING ACTIVE SERVICE IN THE UNIFORMED
SERVICES.

(a) In General.--Subchapter IV of chapter 55 of title 5,
United States Code, is amended by adding at the end the
following:

``Sec. 5538. Nonreduction in pay while serving in the
uniformed services

``(a) An employee who is absent from a position of
employment with the Federal Government in order to perform
service in the uniformed services for a period of more than
90 days shall be entitled to receive, for each pay period
described in subsection (b), an amount equal to the amount by
which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not
been interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service; and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with
respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been
interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as
referred to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which
an employee is entitled to reemployment rights under chapter
43 of title 38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
service in the uniformed services.
``(c) Any amount payable under this section to an employee
shall be paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's
civilian employment had not been interrupted.
``(d) The Office of Personnel Management shall, in
consultation with Secretary of Defense, prescribe any
regulations necessary to carry out the preceding provisions
of this section.

[[Page S9037]]

``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office,
prescribe procedures to ensure that the rights under this
section apply to the employees of such agency.
``(2) The Administrator of the Federal Aviation
Administration shall, in consultation with the Office,
prescribe procedures to ensure that the rights under this
section apply to the employees of that agency.
``(f) For purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as
given in section 4303 of title 38;
``(2) the term `service in the uniformed services' has the
meaning given that term in section 4303 of title 38 and
includes duty performed by a member of the National Guard
under section 502(f) of title 32 at the direction of the
Secretary of the Army or Secretary of the Air Force;
``(3) the term `employing agency', as used with respect to
an employee entitled to any payments under this section,
means the agency or other entity of the Government (including
an agency referred to in section 2302(a)(2)(C)(ii)) with
respect to which such employee has reemployment rights under
chapter 43 of title 38; and
``(4) the term `basic pay' includes any amount payable
under section 5304.''.
(b) Clerical Amendment.--The table of sections for chapter
55 of title 5, United States Code, is amended by inserting
after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services.''.

(c) Effective Date.--The amendments made by this section
shall apply with respect to pay periods (as described in
section 5538(b) of title 5, United States Code, as added by
this section) beginning on or after September 11, 2001.

SEC. 693. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT ADDED
TO GENERAL BUSINESS CREDIT.

(a) Ready Reserve-National Guard Credit.--Subpart D of part
IV of subchapter A of chapter 1 of the Internal Revenue Code
of 1986 (relating to business-related credits) is amended by
adding at the end the following:

``SEC. 45O. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.

``(a) General Rule.--For purposes of section 38, the Ready
Reserve-National Guard employee credit determined under this
section for any taxable year is an amount equal to 50 percent
of the actual compensation amount for such taxable year.
``(b) Definition of Actual Compensation Amount.--For
purposes of this section, the term `actual compensation
amount' means the amount of compensation paid or incurred by
an employer with respect to a Ready Reserve-National Guard
employee on any day during a taxable year when the employee
was absent from employment for the purpose of performing
qualified active duty.
``(c) Limitation.--No credit shall be allowed with respect
to a Ready Reserve-National Guard employee who performs
qualified active duty on any day on which the employee was
not scheduled to work (for reason other than to participate
in qualified active duty).
``(d) Definitions.--For purposes of this section--
``(1) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty, other than the training duty specified
in section 10147 of title 10, United States Code (relating to
training requirements for the Ready Reserve), or section
502(a) of title 32, United States Code (relating to required
drills and field exercises for the National Guard), in
connection with which an employee is entitled to reemployment
rights and other benefits or to a leave of absence from
employment under chapter 43 of title 38, United States Code,
and
``(B) hospitalization incident to such duty.
``(2) Compensation.--The term `compensation' means any
remuneration for employment, whether in cash or in kind,
which is paid or incurred by a taxpayer and which is
deductible from the taxpayer's gross income under section
162(a)(1).
``(3) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' means an employee who
is a member of the Ready Reserve of a reserve component of an
Armed Force of the United States as described in sections
10142 and 10101 of title 10, United States Code.
``(4) Certain rules to apply.--Rules similar to the rules
of section 52 shall apply.
``(e) Portion of Credit Made Refundable.--
``(1) In general.--In the case of an eligible employer of a
Ready Reserve-National Guard employee, the aggregate credits
allowed to a taxpayer under subpart C shall be increased by
the lesser of--
``(A) the credit which would be allowed under this section
without regard to this subsection and the limitation under
section 38(c), or
``(B) the amount by which the aggregate amount of credits
allowed by this subpart (determined without regard to this
subsection) would increase if the limitation imposed by
section 38(c) for any taxable year were increased by the
amount of employer payroll taxes imposed on the taxpayer
during the calendar year in which the taxable year begins.
The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and
shall reduce the amount of the credit otherwise allowable
under subsection (a) without regard to section 38(c).
``(2) Eligible employer.--For purposes of this subsection,
the term `eligible employer' means an employer which is a
State or local government or subdivision thereof.
``(3) Employer payroll taxes.--For purposes of this
subsection--
``(A) In general.--The term `employer payroll taxes' means
the taxes imposed by--
``(i) section 3111(b), and
``(ii) sections 3211(a) and 3221(a) (determined at a rate
equal to the rate under section 3111(b)).
``(B) Special rule.--A rule similar to the rule of section
24(d)(2)(C) shall apply for purposes of subparagraph (A).''.
(b) Credit To Be Part of General Business Credit.--
Subsection (b) of section 38 of such Code (relating to
general business credit) is amended by striking ``plus'' at
the end of paragraph (309), by striking the period at the end
of paragraph (31) and inserting ``, plus'', and by adding at
the end the following:
``(32) the Ready Reserve-National Guard employee credit
determined under section 45O(a).''.
(c) Denial of Double Benefit.--Section 280C(a) (relating to
rule for employment credits) is amended by inserting
``45O(a),'' after ``45A(a),''.
(d) Conforming Amendment.--The table of sections for
subpart D of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after
the item relating to section 45N the following:

``Sec. 45O. Ready Reserve-National Guard employee credit.''.

(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC. 694. READY RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE
CREDIT.

(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
foreign tax credit, etc.) is amended by adding after section
30C the following new section:

``SEC. 30D. READY RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE
CREDIT.

``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year the sum of the employment
credits for each qualified replacement employee under this
section.
``(2) Employment credit.--The employment credit with
respect to a qualified replacement employee of the taxpayer
for any taxable year is equal to 50 percent of the lesser
of--
``(A) the individual's qualified compensation attributable
to service rendered as a qualified replacement employee, or
``(B) $12,000.
``(b) Qualified Compensation.--The term `qualified
compensation' means--
``(1) compensation which is normally contingent on the
qualified replacement employee's presence for work and which
is deductible from the taxpayer's gross income under section
162(a)(1),
``(2) compensation which is not characterized by the
taxpayer as vacation or holiday pay, or as sick leave or pay,
or as any other form of pay for a nonspecific leave of
absence, and
``(3) group health plan costs (if any) with respect to the
qualified replacement employee.
``(c) Qualified Replacement Employee.--For purposes of this
section--
``(1) In general.--The term `qualified replacement
employee' means an individual who is hired to replace a Ready
Reserve-National Guard employee or a Ready Reserve-National
Guard self-employed taxpayer, but only with respect to the
period during which--
``(A) such Ready Reserve-National Guard employee is
receiving an actual compensation amount (as defined in
section 45O(b)) from the employee's employer and is
participating in qualified active duty, including time spent
in travel status, or
``(B) such Ready Reserve-National Guard self-employed
taxpayer is participating in such qualified active duty.
``(2) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' has the meaning given
such term by section 45O(d)(3).
``(3) Ready reserve-national guard self-employed
taxpayer.--The term `Ready Reserve-National Guard self-
employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as defined in
section 1402(a)) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as described
in section 10142 and 10101 of title 10, United States Code.
``(d) Coordination With Other Credits.--The amount of
credit otherwise allowable under sections 51(a), 1396(a), or
any other provision of this chapter with respect to any wages
or other compensation paid to an employee shall be reduced by
the credit allowed by this section with respect to such
employee.
``(e) Limitations.--
``(1) Application with other credits.--The credit allowed
under subsection (a) for any

[[Page S9038]]

taxable year shall not exceed the excess (if any) of--
``(A) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
29, and 30, over
``(B) the tentative minimum tax for the taxable year.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of
the armed forces of the united states.--No credit shall be
allowed under subsection (a) to a taxpayer for--
``(A) any taxable year, beginning after the date of the
enactment of this section, in which the taxpayer is under a
final order, judgment, or other process issued or required by
a district court of the United States under section 4323 of
title 38 of the United States Code with respect to a
violation of chapter 43 of such title, and
``(B) the 2 succeeding taxable years.
``(f) General Definitions and Special Rules.--For purposes
of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means a small business employer or a Ready Reserve-National
Guard self-employed taxpayer.
``(2) Small business employer.--
``(A) In general.--The term `small business employer'
means, with respect to any taxable year, any employer who
employed an average of 50 or fewer employees on business days
during such taxable year.
``(B) Controlled groups.--For purposes of subparagraph (A),
all persons treated as a single employer under subsection
(b), (c), (m), or (o) of section 414 shall be treated as a
single employer.
``(3) Qualified active duty.--The term `qualified active
duty' has the meaning given such term by section 45N(d)(1).
``(4) Special rules for certain manufacturers.--
``(A) In general.--In the case of any qualified
manufacturer--
``(i) subsection (a)(2)(B) shall be applied by substituting
`$20,000' for `$12,000', and
``(ii) paragraph (2)(A) of this subsection shall be applied
by substituting `100' for `50'.
``(B) Qualified manufacturer.--For purposes of this
paragraph, the term `qualified manufacturer' means any person
if--
``(i) the primary business of such person is classified in
sector 31, 32, or 33 of the North American Industrial
Classification System, and
``(ii) all of such person's facilities which are used for
production in such business are located in the United States.
``(5) Carryback and carryforward allowed.--
``(A) In general.--If the credit allowable under subsection
(a) for a taxable year exceeds the amount of the limitation
under subsection (e)(1) for such taxable year (in this
paragraph referred to as the `unused credit year'), such
excess shall be a credit carryback to each of the 3 taxable
years preceding the unused credit year and a credit
carryforward to each of the 20 taxable years following the
unused credit year.
``(B) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryback and credit
carryforward under subparagraph (A).
``(6) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall
apply.''.
(b) No Deduction for Compensation Taken Into Account for
Credit.--Section 280C(a) of the Internal Revenue Code of 1986
(relating to rule for employment credits), as amended by this
Act, is amended--
(1) by inserting ``or compensation'' after ``salaries'',
and
(2) by inserting ``30D,'' before ``45A(a),''.
(c) Conforming Amendment.--Section 55(c)(3) of the Internal
Revenue Code of 1986 is amended by inserting ``30D(e)(1),''
after ``30C(d)(2),''.
(d) Clerical Amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding after the item
relating to section 30C the following new item:

``Sec. 30D. Ready Reserve-National Guard Replacement Employee
Credit.''.

(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC. 695. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE
PAYMENTS.

(a) In General.--Section 3401 of the Internal Revenue Code
of 1986 (relating to definitions) is amended by adding at the
end the following new subsection:
``(h) Differential Wage Payments to Active Duty Members of
the Uniformed Services.--
``(1) In general.--For purposes of subsection (a), any
differential wage payment shall be treated as a payment of
wages by the employer to the employee.
``(2) Differential wage payment.--For purposes of paragraph
(1), the term `differential wage payment' means any payment
which--
``(A) is made by an employer to an individual with respect
to any period during which the individual is performing
service in the uniformed services while on active duty for a
period of more than 30 days, and
``(B) represents all or a portion of the wages the
individual would have received from the employer if the
individual were performing service for the employer.''.
(b) Effective Date.--The amendment made by this section
shall apply to remuneration paid after December 31, 2006.

SEC. 696. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR
RETIREMENT PLAN PURPOSES.

(a) Pension Plans.--
(1) In general.--Section 414(u) of the Internal Revenue
Code of 1986 (relating to special rules relating to veterans'
reemployment rights under USERRA) is amended by adding at the
end the following new paragraph:
``(11) Treatment of differential wage payments.--
``(A) In general.--Except as provided in this paragraph,
for purposes of applying this title to a retirement plan to
which this subsection applies--
``(i) an individual receiving a differential wage payment
shall be treated as an employee of the employer making the
payment,
``(ii) the differential wage payment shall be treated as
compensation, and
``(iii) the plan shall not be treated as failing to meet
the requirements of any provision described in paragraph
(1)(C) by reason of any contribution which is based on the
differential wage payment.
``(B) Special rule for distributions.--
``(i) In general.--Notwithstanding subparagraph (A)(i), for
purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii),
403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be
treated as having been severed from employment during any
period the individual is performing service in the uniformed
services described in section 3401(h)(2)(A).
``(ii) Limitation.--If an individual elects to receive a
distribution by reason of clause (i), the plan shall provide
that the individual may not make an elective deferral or
employee contribution during the 6-month period beginning on
the date of the distribution.
``(C) Nondiscrimination requirement.--Subparagraph (A)(iii)
shall apply only if all employees of an employer performing
service in the uniformed services described in section
3401(h)(2)(A) are entitled to receive differential wage
payments on reasonably equivalent terms and, if eligible to
participate in a retirement plan maintained by the employer,
to make contributions based on the payments. For purposes of
applying this subparagraph, the provisions of paragraphs (3),
(4), and (5), of section 410(b) shall apply.
``(D) Differential wage payment.--For purposes of this
paragraph, the term `differential wage payment' has the
meaning given such term by section 3401(h)(2).''.
(2) Conforming amendment.--The heading for section 414(u)
of such Code is amended by inserting ``and to Differential
Wage Payments to Members on Active Duty'' after ``USERRA''.
(b) Differential Wage Payments Treated as Compensation for
Individual Retirement Plans.--Section 219(f)(1) of the
Internal Revenue Code of 1986 (defining compensation) is
amended by adding at the end the following new sentence:
``The term `compensation' includes any differential wage
payment (as defined in section 3401(h)(2)).''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2006.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any plan or
annuity contract amendment--
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan or contract
during the period described in paragraph (2)(B)(i), and
(B) except as provided by the Secretary of the Treasury,
such plan shall not fail to meet the requirements of the
Internal Revenue Code of 1986 or the Employee Retirement
Income Security Act of 1974 by reason of such amendment.
(2) Amendments to which section applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any amendment made by this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2009.
(B) Conditions.--This subsection shall not apply to any
plan or annuity contract amendment unless--
(i) during the period beginning on the date the amendment
described in subparagraph (A)(i) takes effect and ending on
the date described in subparagraph (A)(ii) (or, if earlier,
the date the plan or contract amendment is adopted), the plan
or contract is operated as if such plan or contract amendment
were in effect, and
(ii) such plan or contract amendment applies retroactively
for such period.
______

SA 2077. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

[[Page S9039]]

SEC. 2842. RELOCATION OF UNITS FROM ROBERTS UNITED STATES
ARMY RESERVE CENTER AND NAVY-MARINE CORPS
RESERVE CENTER, BATON ROUGE, LOUISIANA.

Recommendation # 23 of the September 8, 2005, Final Report
of the 2005 Defense Base Closure and Realignment Commission,
relating to the relocation of units from the Roberts United
States Army Reserve Center and the Navy-Marine Corps Reserve
Center, Baton Rouge, Louisiana, shall be interpreted as
authorizing the relocation of such units to suitable State
property in the vicinity of greater Baton Rouge, Louisiana.
______

SA 2078. Mr. GRAHAM (for himself, Mr. McCain, and Mr. Kyl) submitted
an amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:

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

SEC. 1031. SENSE OF CONGRESS ON DWELL TIME BETWEEN
DEPLOYMENTS FOR MEMBERS OF THE ARMED FORCES.

It is the sense of Congress that--
(1) the wartime demands placed on the men and women of the
Armed Forces, both in the regular and reserve components, and
upon their families and loved ones, since the terrorist
attacks on the United States on September 11, 2001, have
required the utmost in honor, courage, commitment, and
dedication to duty, and the sacrifices they have made and
continue to make in the defense of our nation will forever be
remembered and revered;
(2) members of the Armed Forces who have completed combat
deployments require as much certainty as possible about the
amount of time they will be at their home stations before
commencing a subsequent extended operational deployment; and
(3) the goal, consistent with wartime requirements, for
dwell time between extended operational deployments of
members of the Armed Forces should be--
(A) for members of the regular components of the Armed
Forces, no less 12 months between deployments; and
(B) for members of the reserve components of the Armed
Forces, no less than 5 years between deployments.
______

SA 2079. Mr. ALLARD (for himself and Mr. Salazar) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title III, add the following:

SEC. 358. REIMBURSEMENT FOR COSTS OF MEETING AIR FORCE SAFETY
REQUIREMENTS FOR FLIGHT TRAINING OPERATIONS,
PUEBLO MEMORIAL AIRPORT, COLORADO.

None of the funds authorized to be appropriated by section
301(4) for operation and maintenance for the Air Force may be
made available for Air Force flight training operations at
Pueblo Memorial Airport, Colorado, until the Secretary of the
Air Force certifies to the congressional defense committees
that the Air Force has begun negotiations with the City of
Pueblo, Colorado, for the reimbursement of costs incurred by
the City in meeting Air Force safety requirements related to
fire protection, crash rescue, and other emergency response
capabilities required for such flight training operations.
______

SA 2080. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 555. ANNUAL ASSESSMENTS OF MOOD AMONG CADETS AND
MIDSHIPMEN AT THE SERVICE ACADEMIES.

(a) United States Military Academy.--
(1) In general.--Chapter 403 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 4362. Cadets: annual assessment of mood among cadets

``(a) In General.--The Secretary of the Army shall direct
the Superintendent of the Academy to conduct at the Academy
during each Academy program year an assessment of the mood
among cadets at the Academy. The Superintendent shall conduct
each such assessment through a survey of cadets conducted for
that purpose.
``(b) Matters To Be Assessed.--Each assessment under this
section shall be designed to assess the mood and perceptions
of cadets with respect to the following at the Academy:
``(1) With respect to sexual harassment and sexual
violence--
``(A) the incidence during the program year covered by such
assessment of sexual harassment and sexual violence events,
on or off the Academy reservation, that have been reported to
officials of the Academy;
``(B) the incidence during the program year covered by such
assessment of sexual harassment and sexual violence events,
on or off the Academy reservation, that have not been
reported to officials of the Academy;
``(C) the policies, training, and procedures of the Academy
on sexual harassment and sexual violence involving cadets or
other Academy personnel, including the enforcement of such
policies; and
``(D) any other issues relating to sexual harassment and
sexual violence involving cadets or other Academy personnel.
``(2) Race and ethnicity.
``(3) Religion.
``(4) Alcohol-related behavior.
``(5) Trust and confidence in the leadership of the
Academy.
``(6) Fear of reprisal.
``(7) Trust and confidence in the response of the Academy
to sexual assault.
``(8) Any other matters that the Secretary considers
appropriate.
``(c) Annual Reports.--(1) The Secretary of the Army shall
direct the Superintendent of the Academy to submit to the
Secretary each year a report on the assessment conducted
under this section for the preceding Academy program year.
``(2) Each report shall include the following:
``(A) The number of sexual assaults, rapes, and other
sexual offenses involving cadets or other Academy personnel
that have been reported to Academy officials during the
program year covered by such report and, of those reported
cases, the number that have been substantiated.
``(B) The policies, procedures, and processes implemented
by the Secretary and the leadership of the Academy in
response to sexual harassment and sexual violence involving
cadets or other Academy personnel during such program year.
``(C) A plan for the actions that are to be taken in the
following Academy program year regarding the prevention of
and response to sexual harassment and sexual violence
involving cadets or other Academy personnel.
``(D) The assessment of the Superintendent with respect to
the matters specified in paragraphs (2) through (8) of
subsection (b).
``(E) Any recommendations that the Superintendent considers
appropriate in response to matters raised in or identified by
the assessment.
``(F) Any other matters that the Superintendent considers
appropriate.
``(3) The Secretary of the Army shall transmit to the
Secretary of Defense, and to the Board of Visitors of the
Academy, each report received by the Secretary of the Army
under this subsection, together with the comments of the
Secretary of the Army on such report.
``(4) The Secretary of Defense shall transmit each report
received by the Secretary under this subsection, together
with the comments of the Secretary on the report, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 403 of such title is amended by adding
at the end the following new item:

``4362. Cadets: annual assessment of mood among cadets.''.
(3) Conforming repeal.--Section 4361 of such title is
amended by striking subsections (c) and (d).
(b) United States Naval Academy.--
(1) In general.--Chapter 603 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 6981. Midshipmen: annual assessment of mood among
midshipmen

``(a) In General.--The Secretary of the Navy shall direct
the Superintendent of the Naval Academy to conduct at the
Naval Academy during each Academy program year an assessment
of the mood among midshipmen at the Academy. The
Superintendent shall conduct each such assessment through a
survey of midshipmen conducted for that purpose.
``(b) Matters To Be Assessed.--Each assessment under this
section shall be designed to assess the mood and perceptions
of midshipmen with respect to the following at the Academy:
``(1) With respect to sexual harassment and sexual
violence--
``(A) the incidence during the program year covered by such
assessment of sexual harassment and sexual violence events,
on or off the Academy reservation, that have been reported to
officials of the Academy;
``(B) the incidence during the program year covered by such
assessment of sexual harassment and sexual violence events,
on or off the Academy reservation, that have not been
reported to officials of the Academy;
``(C) the policies, training, and procedures of the Academy
on sexual harassment and sexual violence involving midshipmen
or other Academy personnel, including the enforcement of such
policies; and

[[Page S9040]]

``(D) any other issues relating to sexual harassment and
sexual violence involving midshipmen or other Academy
personnel.
``(2) Race and ethnicity.
``(3) Religion.
``(4) Alcohol-related behavior.
``(5) Trust and confidence in the leadership of the
Academy.
``(6) Fear of reprisal.
``(7) Trust and confidence in the response of the Academy
to sexual assault.
``(8) Any other matters that the Secretary considers
appropriate.
``(c) Annual Reports.--(1) The Secretary of the Navy shall
direct the Superintendent of the Academy to submit to the
Secretary each year a report on the assessment conducted
under this section for the preceding Academy program year.
``(2) Each report shall include the following:
``(A) The number of sexual assaults, rapes, and other
sexual offenses involving midshipmen or other Academy
personnel that have been reported to Academy officials during
the program year covered by such report and, of those
reported cases, the number that have been substantiated.
``(B) The policies, procedures, and processes implemented
by the Secretary and the leadership of the Academy in
response to sexual harassment and sexual violence involving
midshipmen or other Academy personnel during such program
year.
``(C) A plan for the actions that are to be taken in the
following Academy program year regarding the prevention of
and response to sexual harassment and sexual violence
involving midshipmen or other Academy personnel.
``(D) The assessment of the Superintendent with respect to
the matters specified in paragraphs (2) through (8) of
subsection (b).
``(E) Any recommendations that the Superintendent considers
appropriate in response to matters raised in or identified by
the assessment.
``(F) Any other matters that the Superintendent considers
appropriate.
``(3) The Secretary of the Navy shall transmit to the
Secretary of Defense, and to the Board of Visitors of the
Naval Academy, each report received by the Secretary of the
Navy under this subsection, together with the comments of the
Secretary of the Navy on such report.
``(4) The Secretary of Defense shall transmit each report
received by the Secretary under this subsection, together
with the comments of the Secretary on the report, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 603 of such title is amended by adding
at the end the following new item:

``6981. Midshipmen: annual assessment of mood among midshipmen.''.
(3) Conforming repeal.--Section 6980 of such title is
amended by striking subsections (c) and (d).
(c) United States Air Force Academy.--
(1) In general.--Chapter 903 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 9362. Cadets: annual assessment of mood among cadets

``(a) In General.--The Secretary of the Air Force shall
direct the Superintendent of the Academy to conduct at the
Academy during each Academy program year an assessment of the
mood among cadets at the Academy. The Superintendent shall
conduct each such assessment through a survey of cadets
conducted for that purpose.
``(b) Matters To Be Assessed.--Each assessment under this
section shall be designed to assess the mood and perceptions
of cadets with respect to the following at the Academy:
``(1) With respect to sexual harassment and sexual
violence--
``(A) the incidence during the program year covered by such
assessment of sexual harassment and sexual violence events,
on or off the Academy reservation, that have been reported to
officials of the Academy;
``(B) the incidence during the program year covered by such
assessment of sexual harassment and sexual violence events,
on or off the Academy reservation, that have not been
reported to officials of the Academy;
``(C) the policies, training, and procedures of the Academy
on sexual harassment and sexual violence involving cadets or
other Academy personnel, including the enforcement of such
policies; and
``(D) any other issues relating to sexual harassment and
sexual violence involving cadets or other Academy personnel.
``(2) Race and ethnicity.
``(3) Religion.
``(4) Alcohol-related behavior.
``(5) Trust and confidence in the leadership of the
Academy.
``(6) Fear of reprisal.
``(7) Trust and confidence in the response of the Academy
to sexual assault.
``(8) Any other matters that the Secretary considers
appropriate.
``(c) Annual Reports.--(1) The Secretary of the Air Force
shall direct the Superintendent of the Academy to submit to
the Secretary each year a report on the assessment conducted
under this section for the preceding Academy program year.
``(2) Each report shall include the following:
``(A) The number of sexual assaults, rapes, and other
sexual offenses involving cadets or other Academy personnel
that have been reported to Academy officials during the
program year covered by such report and, of those reported
cases, the number that have been substantiated.
``(B) The policies, procedures, and processes implemented
by the Secretary and the leadership of the Academy in
response to sexual harassment and sexual violence involving
cadets or other Academy personnel during such program year.
``(C) A plan for the actions that are to be taken in the
following Academy program year regarding the prevention of
and response to sexual harassment and sexual violence
involving cadets or other Academy personnel.
``(D) The assessment of the Superintendent with respect to
the matters specified in paragraphs (2) through (8) of
subsection (b).
``(E) Any recommendations that the Superintendent considers
appropriate in response to matters raised in or identified by
the assessment.
``(F) Any other matters that the Superintendent considers
appropriate.
``(3) The Secretary of the Air Force shall transmit to the
Secretary of Defense, and to the Board of Visitors of the
Academy, each report received by the Secretary of the Air
Force under this subsection, together with the comments of
the Secretary of the Air Force on such report.
``(4) The Secretary of Defense shall transmit each report
received by the Secretary under this subsection, together
with the comments of the Secretary on the report, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 903 of such title is amended by adding
at the end the following new item:

``9362. Cadets: annual assessment of mood among cadets.''.
(3) Conforming repeal.--Section 9361 of such title is
amended by striking subsections (c) and (d).
(d) Conforming Repeal of Requirement for Focus Groups.--
Subsection (b) of section 532 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2205; 10 U.S.C. 4361 note) is repealed.
______

SA 2081. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of division C, add the following:

TITLE XXXIII--NAVAL PETROLEUM RESERVES

SEC. 3301. DISPOSITION OF QUALIFIED OIL SHALE REVENUES.

Section 7439 of title 10, United States Code, is amended--
(1) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``all moneys received during the period
specified in paragraph (2)'' and inserting ``during the
period beginning on November 18, 1997, and ending on December
31, 2017, all amounts received''; and
(ii) by striking ``and shall not be subject to the
distribution to the States pursuant to subsection (a) of such
section 35'' and inserting ``for distribution in accordance
with subsection (g)''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Any amounts deposited under paragraph (1) shall not
be subject to distribution to the States under section 35(a)
of the Mineral Leasing Act (30 U.S.C. 191(a)).''; and
(2) by striking subsection (g) and inserting the following:
``(g) Use of Revenues.--
``(1) Definitions.--In this subsection:
``(A) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(B) State.--The term `State' means the State of Colorado.
``(C) State fund.--The term `State fund' means the oil
shale special fund established under Colo. Rev. Stat. 34-63-
104.
``(2) Distribution of revenues.--Of the amounts deposited
under subsection (f)(1)--
``(A) 50 percent shall be transferred from the Secretary of
the Treasury to the State for deposit in the State fund, for
use in accordance with paragraph (3); and
``(B) 50 percent shall be deposited in a special account of
the Treasury, to be available to the Secretary without
further appropriation until expended, for use in accordance
with paragraph (4).
``(3) Use of state fund.--Amounts deposited in the State
fund under paragraph (2)(A) shall be used by the State in
accordance with the provisions of the State fund to assist
State agencies, school districts, and political subdivisions
of the State affected by the development and production of
energy resources from oil shale land in planning for and
providing facilities and services associated with the
development and production.
``(4) Use of special account.--
``(A) In general.--The Secretary shall use amounts
deposited in the special account under paragraph (2)(B) only
for 1 or more of the following purposes:
``(i) Any necessary environmental restoration, waste
management, or environmental

[[Page S9041]]

compliance activities with respect to Oil Shale Reserve
Numbered 3 that are--

``(I) the responsibility of the United States; and
``(II)(aa) identified in the report relating to Oil Shale
Reserve Numbered 3 submitted by the Secretary to Congress in
November 2005; or
``(bb) identified by the Secretary after the date of the
submission of the report described in item (aa).

``(ii) Any necessary additional analysis, site
characterization, and geotechnical studies or monitoring that
the Secretary determines to be necessary to support
environmental restoration, waste management, or environmental
compliance with respect to Oil Shale Reserve Numbered 3.
``(iii) Financial assistance to local governments in the
States of Colorado, Utah, and Wyoming affected by the
development and production of energy resources from oil shale
land in the form of grants awarded in a manner prescribed by
the Secretary to carry out planning for, and providing
infrastructure that may be necessary to address, community
needs created by new energy production and development
activities.
``(iv) Financial assistance to the States of Colorado,
Utah, and Wyoming for purposes of--

``(I) conducting studies requested by the Secretary; or
``(II) carrying out coordination and consultation
activities under this section.

``(v) Any additional administrative costs incurred by the
Bureau of Land Management for the coordination and processing
of use authorizations on Federal land, inspection and
enforcement activities, and monitoring necessary to implement
section 369 of the Energy Policy Act of 2005 (42 U.S.C.
15927).
``(B) Coordination.--To ensure accountability and
demonstrated results, the Secretary shall coordinate with the
Secretary of Energy, the State, local governments, and other
interested persons in using amounts in the special account
under this paragraph.''.
______

SA 2082. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 565. EMERGENCY FUNDING FOR LOCAL EDUCATIONAL AGENCIES
ENROLLING MILITARY DEPENDENT CHILDREN.

(a) Short Title.--This section may be cited as the ``Help
for Military Children Affected by War Act of 2007''.
(b) Grants Authorized.--The Secretary of Defense is
authorized to award grants to eligible local educational
agencies for the additional education, counseling, and other
needs of military dependent children who are affected by war
or dramatic military decisions.
(c) Definitions.--In this section:
(1) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency
that--
(A)(i) had a number of military dependent children in
average daily attendance in the schools served by the local
educational agency during the school year preceding the
school year for which the determination is made, that--
(I) equaled or exceeded 20 percent of the number of all
children in average daily attendance in the schools served by
such agency during the preceding school year; or
(II) was 1,000 or more,

whichever is less; and
(ii) is designated by the Secretary of Defense as impacted
by--
(I) Operation Iraqi Freedom;
(II) Operation Enduring Freedom;
(III) the global rebasing plan of the Department of
Defense;
(IV) the realignment of forces as a result of the base
closure process;
(V) the official creation or activation of 1 or more new
military units; or
(VI) a change in the number of required housing units on a
military installation, due to the Military Housing
Privatization Initiative of the Department of Defense; or
(B)(i) enrolls not less than 1 military dependent child
affected by Operation Iraqi Freedom or Operation Enduring
Freedom, as certified by the Secretary of Education; and
(ii) is not eligible for a payment under section 8002 or
8003 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702, 7703).
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) Military dependent child.--The term ``military
dependent child''--
(A) means a child described in subparagraph (B) or (D)(i)
of section 8003(a)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)(1)); and
(B) includes a child--
(i) who resided on Federal property with a parent on active
duty in the National Guard or Reserve; or
(ii) who had a parent on active duty in the National Guard
or Reserve but did not reside on Federal property.
(d) Use of Funds.--Grant funds provided under this section
shall be used for--
(1) tutoring, after-school, and dropout prevention
activities for military dependent children with a parent who
is or has been impacted by war-related action described in
subclause (I), (II), or (III) of subsection (c)(1)(A)(ii);
(2) professional development of teachers, principals, and
counselors on the needs of military dependent children with a
parent who is or has been impacted by war-related action
described in subclause (I), (II), or (III) of subsection
(c)(1)(A)(ii);
(3) counseling and other comprehensive support services for
military dependent children with a parent who is or has been
impacted by war-related action described in subclause (I),
(II), or (III) of subsection (c)(1)(A)(ii), including the
hiring of a military-school liaison; and
(4) other basic educational activities associated with an
increase in military dependent children.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Department of Defense $200,000,000 to carry out this
section for fiscal year 2008 and such sums as may be
necessary for each of the 3 succeeding fiscal years.
(2) Special rule.--Funds appropriated under paragraph (1)
are in addition to any funds made available to local
educational agencies under section 561 or 562 of this Act or
section 8003 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703).
______

SA 2083. Mr. DODD submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of division A, add the following:

TITLE XVI--MILITARY COMMISSION AND RELATED MATTERS

SEC. 1601. SHORT TITLE.

(a) Short Title.--This title may be cited as the
``Restoring the Constitution Act of 2007''.
(b) Ineffectiveness of Certain Provisions.--The amendments
made by section 1023 of this Act shall not go into effect.

SEC. 1602. DEFINITION OF UNLAWFUL ENEMY COMBATANT.

Paragraph (1) of section 948a of title 10, United States
Code, is amended to read as follows:
``(1) Unlawful enemy combatant.--The term `unlawful enemy
combatant' means an individual who is not a lawful enemy
combatant and--
``(A) who directly participates in hostilities in a zone of
active combat against the United States; or
``(B) who--
``(i) planned, authorized, committed, or intentionally
aided the terrorist acts on the United States of September
11, 2001; or
``(ii) intentionally harbored any individual described in
clause (i).

The term is used solely to designate individuals triable by
military commission under this chapter.''.

SEC. 1603. CONSTRUCTION WITH GENEVA CONVENTIONS.

Subsection (g) of section 948b of title 10, United States
Code, is amended to read as follows:
``(g) Construction With Geneva Conventions.--To the extent
that any provision of this chapter is determined to be
inconsistent with the obligations of the United States under
the Geneva Conventions, the Geneva Conventions shall prevail,
and such provision shall be deemed to have no further force
or effect.''.

SEC. 1604. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS
BY COMBATANT STATUS REVIEW TRIBUNAL NOT
DISPOSITIVE FOR PURPOSES OF JURISDICTION OF
MILITARY COMMISSIONS.

Section 948d of title 10, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).

SEC. 1605. TRIAL COUNSEL AND DEFENSE COUNSEL.

(a) Repeal of Authority for Civilian Trial Counsel.--
Subsection (b) of section 948k of title 10, United States
Code, is amended to read as follows:
``(b) Military Trial Counsel.--Subject to subsection (e),
trial counsel detailed for a military commission under this
chapter must be a judge advocate (as that term is defined in
section 801 of this title (article 1 of the Uniform Code of
Military Justice)) who is--
``(1) a graduate of an accredited law school or is a member
of the bar of a Federal court or of the highest court of a
State; and
``(2) certified as competent to perform duties as trial
counsel before general courts-martial by the Judge Advocate
General of the armed force of which he is a member.''.
(b) Authority for Civilian Defense Counsel.--Subsection (c)
of such section is amended to read as follows:
``(c) Defense Counsel.--Subject to subsection (e), trial
counsel detailed for a military commission under this chapter
must be--

[[Page S9042]]

``(1) a judge advocate (as so defined) who is--
``(A) a graduate of an accredited law school or is a member
of the bar of a Federal court or of the highest court of a
State; and
``(B) certified as competent to perform duties as trial
counsel before general courts-martial by the Judge Advocate
General of the armed force of which he is a member; or
``(2) a civilian who is--
``(A) a member of the bar of a Federal court or of the
highest court of a State; and
``(B) otherwise qualified to practice before the military
commission pursuant to regulations prescribed by the
Secretary of Defense.''.
(c) Conforming Amendment.--Subsection (d)(1) of such
section is amended by striking ``subsection (b)(1)'' and
inserting ``subsection (b)''.

SEC. 1606. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF
STATEMENTS OBTAINED BY COERCION.

Section 948r of title 10, United States Code, is amended by
striking subsections (c) and (d) and inserting the following
new subsection (c):
``(c) Exclusion of Statements Obtained by Coercion.--A
statement obtained by use of coercion shall not be admissible
in a military commission under this chapter, except against a
person accused of coercion as evidence that the statement was
made.''.

SEC. 1607. MODIFICATION OF AUTHORITIES ON RULES FOR MILITARY
COMMISSIONS.

(a) Rules Generally.--Subsection (a) of section 949a of
title 10, United States Code, is amended to read as follows:
``(a) Procedures and Rules of Evidence.--(1) Pretrial,
trial, and post-trial procedures, including elements and
modes of proof, for cases triable by military commission
under this chapter may be prescribed by the Secretary of
Defense. Such procedures may not be contrary to or
inconsistent with this chapter. Except as otherwise provided
in this chapter or chapter 47 of this title, the procedures
and rules of evidence applicable in trials by general courts-
martial shall apply in trials by military commission under
this chapter.
``(2) The Secretary of Defense may, in consultation with
the Attorney General, make such exceptions in the
applicability in trials by military commission under this
chapter from the procedures and rules of evidence otherwise
applicable in general courts-martial as may be required by
the unique circumstances of the conduct of military or
intelligence operations during hostilities. Such exceptions
may not be contrary to or inconsistent with this chapter.''.
(b) Exclusion of Evidence Seized Inside the United States
Without Warrant.--Subsection (b)(2)(B) of such section is
amended by inserting ``seized outside the United States''
after ``Evidence''.
(c) Discretion of Military Judge To Exclude Hearsay
Evidence Determined To Be Unreliable or Lacking in Probative
Value.--Subsection (b)(2)(E)(ii) of such section is amended
by striking ``if the party opposing the admission of the
evidence demonstrates that the evidence is unreliable or
lacking in probative value'' and inserting ``if the military
judge determines, upon motion by counsel, that the evidence
is unreliable or lacking in probative value''.

SEC. 1608. SELF-REPRESENTATION OF ACCUSED BEFORE MILITARY
COMMISSIONS.

Section 949c of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Self-Representation by Accused.--(1) Notwithstanding
any provision of subsection (b), the accused may represent
himself in his defense before a military commission under
this chapter.
``(2) The accused's representation of himself in his
defense shall be governed by such rules as the Secretary of
Defense shall prescribe. Such rules, and any rights,
privileges, or limitations under such rules, shall be
consistent with rules applicable to self-representation by an
accused in a criminal trial under the laws of the United
States and international law.
``(3) If the accused represents himself under this
subsection, the accused--
``(A) shall be assisted in his defense by military defense
counsel detailed in accordance with subsection (b)(2); or
``(B) may be assisted in his defense by civilian defense
counsel meeting the requirements of subsection (b)(3),
together with military defense counsel so detailed.
``(4) Any civilian counsel assisting in the defense of an
accused under this subsection shall comply with the
provisions of subsection (b)(4).
``(5) Subsection (b)(7) shall not apply with respect to any
defense counsel assisting in the defense of an accused under
this subsection, except to the extent the accused is unable
to carry out his defense.''.

SEC. 1609. ENHANCEMENT OF AUTHORITIES ON DISCOVERY OF
WITNESSES AND OTHER EVIDENCE.

(a) Discovery of Sources, Methods, and Activities Relating
to Certain Government Actions.--Subsection (c) of section
949j of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``The military judge''
and inserting ``Except as provided in paragraph (3), the
military judge''; and
(2) by adding at the end the following new paragraph:
``(3) Notwithstanding any other provision of this chapter,
the military judge may, upon motion of defense counsel and at
the discretion of the military judge, order trial counsel to
disclose to defense counsel the sources, methods, or
activities (including classified sources, methods, or
activities) by which the United States obtained any out of
court statement the United States intends to introduce at
trial if the military judge determines, after ex parte
review, in camera review, or both, that evidence of such
sources, methods, or activities, as the case may be, might
reasonably tend to affect the weight given to the out of
court statement by the members of the military commission.
The military judge shall revoke such an order in the event
the United States elects not introduce the out of court
statement concerned at trial.''.
(b) Discretion of Military Judge To Take Certain Actions if
Substitute for Classified Exculpatory Evidence Is
Insufficient To Protect Right of Defendant to Fair Trial.--
Subsection (d)(1) of such section is amended by adding at the
end the following: ``If the military judge determines that
the substitute is not sufficient to protect the right of the
defendant to a fair trial, the military judge may--
``(A) dismiss the charges in their entirety;
``(B) dismiss the charges or specifications or both to
which the information relates; or
``(C) take such other actions as may be required in the
interest of justice.''.

SEC. 1610. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
RATHER THAN COURT OF MILITARY COMMISSION
REVIEW.

(a) Review.--
(1) In general.--Section 950f of title 10, United States
Code, is amended to read as follows:

``Sec. 950f. Review by Court of Appeals for the Armed Forces

``The United States Court of Appeals for the Armed Forces,
in accordance with procedures prescribed under regulations of
the Secretary, shall review the record in each case that is
referred to the Court by the convening authority under
section 950c of this title with respect to any matter of law
raised by the accused.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47A of such title is
amended by striking the item relating to section 950f and
inserting the following new item:

``950f. Review by Court of Appeals for the Armed Forces.''.

(b) Conforming Amendments.--
(1) In general.--Chapter 47A of title 10, United States
Code, is further amended as follows:
(A) In section 950c(a), by striking ``the Court of Military
Commission Review'' and inserting ``the United States Court
of Appeals for the Armed Forces''.
(B) In section 950d, by striking ``the Court of Military
Commission Review'' each place it appears and inserting ``the
United States Court of Appeals for the Armed Forces''.
(C) In section 950g(a)(2), by striking ``the Court of
Military Commission Review'' each place it appears and
inserting ``the United States Court of Appeals for the Armed
Forces''.
(D) In section 950h, by striking ``the Court of Military
Commission Review'' each place it appears and inserting ``the
United States Court of Appeals for the Armed Forces''.
(2) Uniform code of military justice.--Section 867a(a) of
title 10, United States Code (article 67a(a) of the Uniform
Code of Military Justice), is amended by striking
``Decisions'' and inserting ``Except as provided in sections
950d and 950g of this title, decisions''.

SEC. 1611. SCOPE OF REVIEW OF DETENTION-RELATED DECISIONS.

(a) Scope of Review of United States Court of Appeals for
the District of Columbia Circuit.--Section 950g of title 10,
United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Scope of Authority for Review of Military Commission
Procedures and Actions.--Subsection (b) of section 950j of
such title is amended to read as follows:
``(b) Limited Review of Military Commission Procedures and
Actions.--Except as otherwise provided in this chapter,
section 2241 of title 28, and any other habeas corpus
provision, no court, justice, or judge shall have
jurisdiction to hear or consider any claim or cause of action
whatsoever, including any action pending on or filed after
October 17, 2006, relating to the prosecution, trial, or
judgment of a military commission under this chapter,
including challenges to the lawfulness of procedures of
military commissions under this chapter.''.
(c) Termination of Superseded Authority for Review of
CSRTS.--Section 1005(e) of the Detainee Treatment Act of 2005
(10 U.S.C. 801 note) is amended by striking paragraphs (2)
through (4).

SEC. 1612. REPEAL OF PROHIBITION ON TREATY OBLIGATIONS AS
ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.

Section 5 of the Military Commissions Act of 2006 (Public
Law 109-366; 120 Stat. 2631; 28 U.S.C. 2241 note) is
repealed.

SEC. 1613. IMPLEMENTATION OF TREATY OBLIGATIONS.

(a) In General.--Section 6(a) of the Military Commissions
Act of 2006 (Public Law 109-366; 120 Stat. 2632; 18 U.S.C.
2441 note) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by inserting after
``international character'' the following:

[[Page S9043]]

``and preserve the capacity of the United States to prosecute
nationals of enemy powers for engaging in acts against
members of the United States Armed Forces and United States
citizens that have been prosecuted by the United States as
war crimes in the past''; and
(B) by striking the second sentence; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``the President has the authority for the
United States to interpret the meaning and application of the
Geneva Conventions and to promulgate'' and inserting ``the
President has the authority, subject to congressional
oversight and judicial review, to promulgate''; and
(ii) by striking ``higher standards and'';
(B) in subparagraph (B), by striking ``interpretations''
and inserting ``rules''; and
(C) by amending subparagraph (D) to read as follows:
``(D) The President shall notify other parties to the
Geneva Conventions that the United States expects members of
the United States Armed Forces and other United States
citizens detained in a conflict not of an international
character to be treated in a manner consistent with the
standards described in subparagraph (A) and embodied in
section 2441 of title 18, United States Code, as amended by
subsection (b).''.
(b) Modification of War Crimes Offenses.--
(1) Inclusion of denial of trial rights among offenses.--
Paragraph (1) of section 2441(d) of title 18, United States
Code, is amended by adding at the end the following new
subparagraph:
``(J) Denial of trial rights.--The act of a person who
intentionally denies one or more persons the right to be
tried before a regularly constituted court affording all the
judicial guarantees which are recognized as indispensable by
civilized peoples as prescribed by common Article 3.''.
(2) Inclusion of imposition of cruel, inhuman, or degrading
treatment or punishment among offenses.--Such section is
further amended--
(A) in paragraph (1), by adding at the end the following
new subparagraph:
``(K) Cruel, inhuman, or degrading treatment or
punishment.--The act of a person who subjects, or conspires
or attempts to subject, an individual in the custody or under
the physical control of the United States Government,
regardless of nationality or physical location, to cruel,
inhuman, or degrading treatment or punishment.''; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(F) the term `cruel, inhuman, or degrading treatment or
punishment' shall be applied for purposes of paragraph (1)(K)
in accordance with the meaning given that term in section
6(c)(2) of the Military Commissions Act of 2006 (42 U.S.C.
2000dd-0).''.
(3) Inclusion of certain other violations of common article
3 among offenses.--Paragraph (1) of such section is further
amended by adding at the end the following new subparagraph:
``(L) Certain other violations of common article 3.--The
act of a person not subject to chapter 47 of title 10 (the
Uniform Code of Military Justice) who commits, or conspires
or attempts to commit, an act not otherwise enumerated under
this paragraph that constitutes a violation of common Article
3 and is an act which, if committed by a person subject to
chapter 47 of title 10, would be punishable under that
chapter by the penalty of death or confinement for one year
or more.''.
(4) Additional definitional matters.--Paragraph (2) of such
section is further amended--
(A) in subparagraph (D)--
(i) by striking clause (ii) and inserting the following new
clause (ii):
``(ii) serious physical pain;''; and
(ii) in clause (iii), by striking ``(other than cuts,
abrasions, or bruises)''; and
(B) in subparagraph (E)(ii), by striking ``and non-
transitory''.

SEC. 1614. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS
DETAINED BY THE UNITED STATES.

(a) Restoration.--Subsection (e) of section 2241 of title
28, United States Code, is repealed.
(b) Conforming Amendment.--Subsection (b) of section 7 of
the Military Commissions Act of 2006 (Public Law 109-366; 120
Stat. 2636; 28 U.S.C. 2441 note) is repealed.

SEC. 1615. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS
ACT OF 2006.

Notwithstanding any other provision of law, the following
rules shall apply to any civil action, including an action
for declaratory judgment, that challenges any provision of
the Military Commissions Act of 2006 (Public Law 109-366), or
any amendment made by that Act, on the ground that such
provision or amendment violates the Constitution or the laws
of the United States:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard in that
Court by a court of three judges convened pursuant to section
2284 of title 28, United States Code.
(2) An interlocutory or final judgment, decree, or order of
the United States District Court for the District of Columbia
in an action under paragraph (1) shall be reviewable as a
matter of right by direct appeal to the Supreme Court of the
United States. Any such appeal shall be taken by a notice of
appeal filed within 10 days after the date on which such
judgment, decree, or order is entered. The jurisdictional
statement with respect to any such appeal shall be filed
within 30 days after the date on which such judgment, decree,
or order is entered.
(3) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of
the United States to advance on the docket and to expedite to
the greatest possible extent the disposition of any action or
appeal, respectively, brought under this section.

SEC. 1616. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall take effect on October
17, 2006, the date of the enactment of the Military
Commissions Act of 2006 (Public Law 109-366), immediately
after the enactment of that Act and shall apply to all cases,
without exception, that are pending on or after such date.
(b) Revisions to War Crimes Offenses.--The amendments made
by section 1613(b) shall take effect on the date of the
enactment of this Act.
______

SA 2084. Mr. OBAMA (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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.
(2) The companies awarded such contracts and subcontracts.
(3) The total cost of such contracts.
(4) The total number of persons who have been killed or
wounded in performing work under such contracts.
(b) 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;
(2) place contractors in supervisory roles over United
States Government personnel; or
(3) threaten the safety of contractor personnel or United
States Government personnel.
(c) Legal Status of Contract Personnel.--
(1) Inclusion of contractors under military
extraterritorial jurisdiction act.--Paragraph (1)(A) of
section 3267 of title 18, United States Code, is amended--
(A) in subparagraph (ii)(II), by inserting before the
semicolon the following: ``or is carried out in a region
outside the United States in which the Armed Forces are
conducting a contingency operation''; and
(B) in subparagraph (iii)(II), by inserting before the
semicolon the following: ``or is carried out in a region
outside the United States in which the Armed Forces are
conducting a contingency operation''.
(2) Contingency operation defined.--Such section is further
amended by adding at the end the following:
``(5) The term `contingency operation' has the meaning
given that term in section 101(a)(13) of title 10.''.
(d) Department of Justice Inspector General Report.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Inspector General of the
Department of Justice shall, in consultation with the
Inspector General of the Department of State, the Inspector
General of the United States Agency for International
Development, and the Special Inspector General for Iraq
Reconstruction, submit to Congress a report.

[[Page S9044]]

(2) Content of report.--The report shall include--
(A) a description of the status of Department of Justice
investigations of abuses alleged to have been committed by
contract personnel performing private security functions,
other contract personnel, or contractors under covered
contracts, which shall include--
(i) the number of complaints received by the Department of
Justice;
(ii) the number of investigations into complaints opened by
the Department of Justice;
(iii) the number of criminal cases opened by the Department
of Justice; and
(iv) the number and result of criminal cases closed by the
Department of Justice; and
(B) findings and recommendations about the capacity and
effectiveness of the Department of Justice in prosecuting
misconduct by such contract personnel.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
______

SA 2085. Mr. OBAMA (for himself and Mrs. Murray) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 703. POSTDEPLOYMENT MEDICAL AND MENTAL HEALTH SCREENINGS
FOR MEMBERS OF THE ARMED FORCES.

Section 1074f(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The system'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraph:
``(2) The postdeployment examination shall be conducted not
later than 90 days after the date of the return of a member
to the United States from a deployment as described in
subsection (a). The examination shall include a comprehensive
medical and mental health assessment conducted on an
individualized basis by personnel qualified to conduct such
examinations.''.
______

SA 2086. Mr. OBAMA (for himself, Mr. Bond, Mrs. Boxer, Mrs.
McCaskill, and Mrs. Murray) submitted an amendment intended to be
proposed by him to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 593. DISCHARGE OF MEMBERS OF THE ARMED FORCES FOR
PERSONALITY DISORDER.

(a) Temporary Moratorium on Discharges.--Effective as of
the date of the enactment of this Act, the Secretary of a
military department may not, except as provided in subsection
(b), discharge from the Armed Forces for personality disorder
any member of the Armed Forces (including a member of the
National Guard or Reserve) who has served on active duty in a
combat zone until the later of the dates as follows:
(1) The date of the completion by the Secretary of Defense
of a review of the policies and procedures of the Department
of Defense for diagnosing a personality disorder in members
of the Armed Forces.
(2) The date of the issuance by the Secretary of Defense of
policies and procedures to ensure the appropriate use of
discharge of members of the Armed Forces for personality
disorder, which discharges shall be based on standard
clinical diagnostic practices, including the practices
outlined in the most recent edition of the Diagnostic
Statistical Manual for Mental Disorders.
(3) The date of the establishment by the Secretary of
Defense of an independent review board for discharges of
members of the Armed Forces for personality discharge,
including for members so discharged on or after September 12,
2001, and before the date of the enactment of this Act.
(4) The date of the submittal by the Secretary of Defense
of a report to Congress on the progress in implementing the
requirements of paragraphs (1) through (3).
(5) The date that is 45 days after the date of the
submittal of the report referred to in paragraph (4), which
period shall permit Congress to consider the report.
(b) Exception.--The limitation in subsection (a) shall not
apply with respect to any member of the Armed Forces who
provided false or misleading information, or omitted
providing information about past criminal behavior, that is
material to a discharge for personality disorder during
recruitment for or enlistment in the Armed Forces.
______

SA 2087. Mr. LEVIN (for himself, Mr. Reed, Mr. Smith,Mr. Hagel, Mr.
Kerry, Ms. Snowe, Mr. Biden, Mr. Obama, Mrs. Clinton, and Mr. Durbin)
proposed an amendment to amendment SA 2011 proposed by Mr. Nelson of
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

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

SEC. 1535. REDUCTION AND TRANSITION OF UNITED STATES FORCES
IN IRAQ.

(a) Deadline for Commencement of Reduction.--The Secretary
of Defense shall commence the reduction of the number of
United States forces in Iraq not later than 120 days after
the date of the enactment of this Act.
(b) Implementation of Reduction as Part of Comprehensive
Strategy.--The reduction of forces required by this section
shall be implemented as part of a comprehensive diplomatic,
political, and economic strategy that includes sustained
engagement with Iraq's neighbors and the international
community for the purpose of working collectively to bring
stability to Iraq. As part of this effort, the President
shall direct the United States Permanent Representative to
the United Nations to use the voice, vote, and influence of
the United States at the United Nations to seek the
appointment of an international mediator in Iraq, under the
auspices of the United Nations Security Council, who has the
authority of the international community to engage political,
religious, ethnic, and tribal leaders in Iraq in an inclusive
political process.
(c) Limited Presence After Reduction and Transition.--After
the conclusion of the reduction and transition of United
States forces to a limited presence as required by this
section, the Secretary of Defense may deploy or maintain
members of the Armed Forces in Iraq only for the following
missions:
(1) Protecting United States and Coalition personnel and
infrastructure.
(2) Training, equipping, and providing logistic support to
the Iraqi Security Forces.
(3) Engaging in targeted counterterrorism operations
against al Qaeda, al Qaeda affiliated groups, and other
international terrorist organizations.
(d) Completion of Transition.--The Secretary of Defense
shall complete the transition of United States forces to a
limited presence and missions as described in subsection (c)
by April 30, 2008.
______

SA 2088. Mr. REED proposed an amendment to amendment SA 2087 proposed
by Mr. Levin (for himself, Mr. Reed, Mr. Smith, Mr. Hagel, Mr. Kerry,
Ms. Snowe, Mr. Biden, Mr. Obama, Mrs. Clinton, and Mr. Durbin) to the
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military actvities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes, as follows:

At the end of the amendment add the following:
This section shall take effect one day after the date of
this bill's enactment.
______

SA 2089. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 2019 submitted by Mr. Levin (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

On page 50, strike lines 11 and 12 and insert the
following:
``(13) To develop a program on comprehensive pain
management, including management of acute and chronic pain,
to utilize current and develop new treatments for pain, and
to identify and disseminate best practices on pain
management.
``(14) Such other responsibilities as the Secretary shall
specify.''.
______

SA 2090. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 2019 submitted by Mr. Levin (for himself and Mr.
McCain) and intended to be proposed to the H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

[[Page S9045]]

On page 46, strike lines 17 and 18 and insert the
following:
``(14) To develop a program on comprehensive pain
management, including management of acute and chronic pain,
to utilize current and develop new treatments for pain, and
to identify and disseminate best practices on pain
management.
``(15) Such other responsibilities as the Secretary shall
specify.''.
______

SA 2091. Mr. SALAZAR submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 358. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE
SUPPORT FOR CERTAIN SPORTING EVENTS.

(a) Provision of Support.--Section 2564 of title 10, United
States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraphs:
``(4) A sporting event sanctioned by the United States
Olympic Committee through the Paralympic Military Program.
``(5) Any national or international paralympic sporting
event (other than a sporting event described in paragraph (1)
through (4))--
``(A) that--
``(i) is held in the United States or any of its
territories or commonwealths;
``(ii) is governed by the International Paralympic
Committee; and
``(iii) is sanctioned by the United States Olympic
Committee; and
``(B) for which participation exceeds 100 amateur
athletes.''; and
(2) by adding at the end the following new subsection:
``(g) Funding for Support of Certain Events.--(1) Amounts
for the provision of support for a sporting event described
in paragraph (4) or (5) of subsection (c) shall be derived
from the Support for International Sporting Competitions,
Defense account established by section 5802 of the Omnibus
Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note),
notwithstanding any limitation under that section relating to
the availability of funds in such account for the provision
of support for international sporting competitions.
``(2) The total amount expended for any fiscal year to
provide support for sporting events described in subsection
(c)(5) may not exceed $1,000,000.''.
(b) Source of Funds.--Section 5802 of the Omnibus
Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note)
is amended--
(1) by inserting after ``international sporting
competitions'' the following: ``and for support of sporting
competitions authorized under section 2564(c)(4) and (5), of
title 10, United States Code,''; and
(2) by striking ``45 days'' and inserting ``15 days''.
______

SA 2092. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VI, add the following

SEC. 604. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED
FORCES OF ONE-HALF OF ONE PERCENTAGE POINT
HIGHER THAN EMPLOYMENT COST INDEX.

Section 1009(c)(2) of title 37, United States Code, is
amended by striking ``fiscal years 2004, 2005, and 2006'' and
inserting ``fiscal years 2009 through 2012''.

______

SA 2093. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

Strike section 1532.
______

SA 2094. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 510. EVALUATION OF POLICIES AND PRACTICES ON
RECRUITMENT, RETENTION, AND PROMOTION OF
OFFICERS WHO ARE MEMBERS OF MINORITIES.

(a) Panel for Evaluation.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall establish a panel of distinguished individuals
in the private sector to carry out an evaluation of the
policies, procedures, and practices of the military
departments on the recruitment, retention, and promotion of
commissioned officers of the Armed Forces who are members or
minority groups to identify potential improvements to such
policies, procedures, and practices in order to improve and
enhance the recruitment, retention, and promotion of
commissioned officers of the Armed Forces who are members of
minority groups.
(b) Report.--Not later than 180 days after the
establishment of the panel required by subsection (a), the
panel shall submit to the Secretary and Congress a report on
the evaluation carried out under that subsection, including--
(1) a description of the evaluation; and
(2) such recommendations for legislative or administrative
action as the panel considers appropriate in order to improve
and enhance the recruitment, retention, and promotion of
commissioned officers of the Armed Forces who are members of
minority groups.
______

SA 2095. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 656. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF
THE ARMED FORCES AND CERTAIN OTHER PERSONS.

Section 1482(a)(8) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``When transportation of the remains includes transportation
by aircraft, the Secretary concerned shall provide, to the
maximum extent possible, for delivery of the remains by air
to the commercial, general aviation, or military airport
nearest to the place selected by the designee or, if such a
selection is not made, nearest to the cemetery selected by
the Secretary.''.
______

SA 2096. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

On page 501, between lines 2 and 3, insert the following:

SEC. 2842. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO
ENSURE TIMELY IMPLEMENTATION OF 2005 DEFENSE
BASE CLOSURE AND REALIGNMENT COMMISSION
RECOMMENDATIONS.

The Secretary of Defense shall submit to Congress with the
budget materials for fiscal year 2009 a comprehensive
accounting of the funding required to ensure that the plan
for implementing the final recommendations of the 2005
Defense Base Closure and Realignment Commission remains on
schedule.
______

SA 2097. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1044. REPORT ON COST OF REESTABLISHMENT OF THE READINESS
OF THE ARMED FORCES TO STATUS BEFORE
COMMENCEMENT OF HOSTILITIES IN IRAQ.

(a) Report Required.--The Secretary of Defense shall submit
to the congressional defense committee a report setting forth
the current estimate of the cost of reestablishing the
readiness status of the Armed Forces to the readiness status
of the Armed Forces immediately before the commencement of
hostilities in Iraq in 2003, including any costs associated
with replacement or repair of equipment and other assets of
the Armed Forces.
(b) Submittal Date.--The report required by subsection (a)
shall be submitted not later than the date of the submittal
to Congress of the budget of the President for fiscal year
2009 as submitted under section 1105(a) of title 31, United
States Code.

[[Page S9046]]

______

SA 2098. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1044. REPORT ON COST OF TRANSITIONING TROOPS INTO
MILITARY AND CIVILIAN LIFE IN THE UNITED STATES
AFTER THE COMPLETION OF OPERATION IRAQI
FREEDOM.

(a) Report Required.--The Secretary of Defense shall submit
to the congressional defense committee a report setting forth
the current estimate of the costs of transitioning members of
the Armed Forces into military and civilian life in the
United States after the completion of Operation Iraqi
Freedom, including the costs of any logistics associated with
the return of such members and their equipment to the United
States and the costs of any transition assistance and other
support programs anticipated to be required to assist such
members in returning and adjusting to military or civilian
life, as applicable, in the United States.
(b) Submittal Date.--The report required by subsection (a)
shall be submitted not later than the date of the submittal
to Congress of the budget of the President for fiscal year
2009 as submitted under section 1105(a) of title 31, United
States Code.
______

SA 2099. Mr. VOINOVICH (for himself, Mr. Bayh, Mr. Bingaman, Mr.
Brown, Mr. Domenici, Mr. Lieberman, Mr. Lott, and Mr. Reed) submitted
an amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

On page 354, after line 24, add the following:

SEC. 1070. EXTENSION OF DATE OF APPLICATION OF NATIONAL
SECURITY PERSONNEL SYSTEM TO DEFENSE
LABORATORIES.

Section 9902(c)(1) of title 5, United States Code, is
amended by striking ``October 1, 2008'' each place such term
appears and inserting ``October 1, 2011'' in each such place.
______

SA 2100. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XV, insert the following:

SEC. 1535. SENSE OF THE SENATE ON THE CONSEQUENCES OF A
FAILED STATE IN IRAQ.

(a) Findings.--The Senate makes the following findings:
(1) A failed state in Iraq would become a safe haven for
Islamic radicals, including al Qaeda and Hezbollah, who are
determined to attack the United States and United States
allies.
(2) The Iraq Study Group report found that ``[a] chaotic
Iraq could provide a still stronger base of operations for
terrorists who seek to act regionally or even globally''.
(3) The Iraq Study Group noted that ``Al Qaeda will portray
any failure by the United States in Iraq as a significant
victory that will be featured prominently as they recruit for
their cause in the region and around the world''.
(4) A National Intelligence Estimate concluded that the
consequences of a premature withdrawal from Iraq would be
that--
(A) Al Qaeda would attempt to use Anbar province to plan
further attacks outside of Iraq;
(B) neighboring countries would consider actively
intervening in Iraq; and
(C) sectarian violence would significantly increase in
Iraq, accompanied by massive civilian casualties and
displacement.
(5) The Iraq Study Group found that ``a premature American
departure from Iraq would almost certainly produce greater
sectarian violence and further deterioration of conditions. .
.. The near-term results would be a significant power vacuum,
greater human suffering, regional destabilization, and a
threat to the global economy. Al Qaeda would depict our
withdrawal as a historic victory.''
(6) A failed state in Iraq could lead to broader regional
conflict, possibly involving Syria, Iran, Saudi Arabia, and
Turkey.
(7) The Iraq Study group noted that ``Turkey could send
troops into northern Iraq to prevent Kurdistan from declaring
independence''.
(8) The Iraq Study Group noted that ``Iran could send
troops to restore stability in southern Iraq and perhaps gain
control of oil fields. The regional influence of Iran could
rise at a time when that country is on a path to producing
nuclear weapons.''
(9) A failed state in Iraq would lead to massive
humanitarian suffering, including widespread ethnic cleansing
and countless refugees and internally displaced persons, many
of whom will be tortured and killed for having assisted
Coalition forces.
(10) A recent editorial in the New York Times stated,
``Americans must be clear that Iraq, and the region around
it, could be even bloodier and more chaotic after Americans
leave. There could be reprisals against those who worked with
American forces, further ethnic cleansing, even genocide.
Potentially destabilizing refugee flows could hit Jordan and
Syria. Iran and Turkey could be tempted to make power
grabs.''
(11) The Iraq Study Group found that ``[i]f we leave and
Iraq descends into chaos, the long-range consequences could
eventually require the United States to return''.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Senate should commit itself to a strategy that will
not leave a failed state in Iraq; and
(2) the Senate should not pass legislation that will
undermine our military's ability to prevent a failed state in
Iraq.
______

SA 2101. Mr. CRAIG submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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 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

[[Page S9047]]

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 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--

[[Page S9048]]

``(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.''.
______

SA 2102. Mr. PRYOR (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed to amendment SA 2019 submitted by Mr.
Levin (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

On page 16, between lines 16 and 17, insert the following:
(vii) A standard for the appointment of a physician or
other health care professional who is independent of the
medical evaluation board and who shall--

(I) serve to inform the servicemember of the process and
procedures for the medical evaluation board; and
(II) provide the servicemember with advice and counsel
regarding the medical condition of the servicemember and the
findings and recommendations of the medical evaluation board.

______

SA 2103. Mr. CARDIN (for himself, Mr. Biden, and Mr. Feingold)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

SEC. 1234. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
PREVENTION OF MASS ATROCITIES.

(a) Report Required.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Armed Services
and the Committee on Foreign Relations of the Senate and the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives a report assessing
the capability of the Secretary of Defense and the Secretary
of State to provide training and advice to the command of an
international intervention force that seeks to prevent mass
atrocities.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An evaluation of any doctrine currently used by the
Secretary of Defense or the Secretary of State to prepare for
training and advising the command of an international
intervention force.
(2) An assessment of the current capability of the
Secretary of Defense and the Secretary of State to provide
training and advice to the command of an international
intervention force in keeping with 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.
(3) An assessment of the potential capability of the
Secretary of Defense and the Secretary of State to support
the development of new doctrine for training and advising an
international intervention force in keeping with the
``responsibility to protect'' doctrine.
(4) Recommendations as to the steps necessary to allow the
Secretary of Defense and the Secretary of State to provide
more effective training and advice to international
intervention forces.
(c) International Intervention Force.--For the purposes of
this section, ``international intervention force'' means a
military force that--
(1) is authorized by an international organization such as
the United Nations, the Economic Community of West African
States (ECOWAS), the North Atlantic Treaty Organization
(NATO), the European Union, or the African Union; and
(2) has a mission that is narrowly focused on the
protection of civilian life and the prevention of mass
atrocities such as genocide.
______

SA 2104. Mr. OBAMA (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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.
(2) The companies awarded such contracts and subcontracts.
(3) The total cost of such contracts.
(4) The total number of persons who have been killed or
wounded in performing work under such contracts.
(b) 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;
(2) place contractors in supervisory roles over United
States Government personnel; or
(3) threaten the safety of contractor personnel or United
States Government personnel.
(c) Legal Status of Contract Personnel.--
(1) Inclusion of contractors under military
extraterritorial jurisdiction act.--Paragraph (1)(A) of
section 3267 of title 18, United States Code, is amended--
(A) in subparagraph (ii)(II), by inserting before the
semicolon the following: ``or is carried out in a region
outside the United States in which the Armed Forces are
conducting a contingency operation''; and
(B) in subparagraph (iii)(II), by inserting before the
semicolon the following: ``or is carried out in a region
outside the United States in which the Armed Forces are
conducting a contingency operation''.
(2) Contingency operation defined.--Such section is further
amended by adding at the end the following:
``(5) The term `contingency operation' has the meaning
given that term in section 101(a)(13) of title 10.''.
(d) Department of Justice Inspector General Report.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Inspector General of the
Department of Justice shall, in consultation with the
Inspector General of the Department of State, the Inspector
General of the United States Agency for International
Development, and the Special Inspector General for Iraq
Reconstruction, submit to Congress a report.
(2) Content of report.--The report shall include--
(A) a description of the status of Department of Justice
investigations of abuses alleged to have been committed under
all Federal agency contracts and subcontracts in support of
military and reconstruction efforts in Iraq and Afghanistan,
including--
(i) the number of complaints received by the Department of
Justice;
(ii) the number of investigations into complaints opened by
the Department of Justice;
(iii) the number of criminal cases opened by the Department
of Justice; and
(iv) the number and result of criminal cases closed by the
Department of Justice; and
(B) findings and recommendations about the capacity and
effectiveness of the Department of Justice in prosecuting
misconduct by such contract personnel.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
______

SA 2105. Mr. NELSON of Nebraska (for Mr. Johnson) submitted an
amendment intended to be proposed by Mr. Nelson, of NE to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

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

[[Page S9049]]

SECTION 565. HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.

The Secretary of Education shall--
(1) deem each local educational agency that received a
fiscal year 2007 basic support payment for heavily impacted
local educational agencies under section 8003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)) as eligible to receive a fiscal year 2008 basic
support payment for heavily impacted local educational
agencies under such section; and
(2) make a payment to such local educational agency under
such section for fiscal year 2008.
______

SA 2106. Mr. OBAMA (for himself and Mrs. McCaskill, and Mr. Harkin)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

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

SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT
AGAINST CERTAIN FAMILY MEMBERS CARING FOR
RECOVERING MEMBERS OF THE ARMED FORCES.

(a) Prohibition.--A family member of a recovering
servicemember described in subsection (b) shall not be denied
retention in employment, promotion, or any benefit of
employment by an employer on the basis of the family member's
absence from employment as described in that subsection, for
a period of not more than 52 workweeks.
(b) Covered Family Members.--A family member described in
this subsection is a family member of a recovering
servicemember who is--
(1) on invitational orders while caring for the recovering
servicemember;
(2) a non-medical attendee caring for the recovering
servicemember; or
(3) receiving per diem payments from the Department of
Defense while caring for the recovering servicemember.
(c) Treatment of Actions.--An employer shall be considered
to have engaged in an action prohibited by subsection (a)
with respect to a person described in that subsection if the
absence from employment of the person as described in that
subsection is a motivating factor in the employer's action,
unless the employer can prove that the action would have been
taken in the absence of the absence of employment of the
person.
(d) Definitions.--In this section:
(1) The term ``benefit of employment'' has the meaning
given such term in section 4303 of title 38, United States
Code.
(2) The term ``caring for'', used with respect to a
recovering servicemember, means providing personal, medical,
or convalescent care to the recovering servicemember, under
circumstances that substantially interfere with an employee's
ability to work.
(3) The term ``employer'' has the meaning given such term
in section 4303 of title 38, United States Code, except that
the term does not include any person who is not considered to
be an employer under title I of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611 et seq.) because the person does
not meet the requirements of section 101(4)(A)(i) of such Act
(29 U.S.C. 2611(4)(A)(i)).
(4) The term ``family member'', with respect to a
recovering servicemember, has the meaning given that term in
section 411h(b) of title 37, United States Code.
(5) The term ``recovering servicemember'' means a member of
the Armed Forces, including a member of the National Guard or
a Reserve, who is undergoing medical treatment, recuperation,
or therapy, or is otherwise in medical hold or medical
holdover status, for an injury, illness, or disease incurred
or aggravated while on active duty in the Armed Forces.
______

SA 2107. Mr. BROWN (for himself and Mr. Voinovich, and Ms. Stabenow)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of section 593, add the following:
(g) Gary Lee McKiddy.--Subsection (a) applies with respect
to Garry Lee McKiddy for conspicuous acts of gallantry and
intrepidity at the risk of his life and beyond the call of
duty between October 25, 1969, and May 6, 1970, the day he
died during a combat operation in Cambodia while serving as a
Specialist Four in the 1st Cavalry Division of the United
States Army during the Vietnam era.
______

SA 2108. Mrs. CLINTON (for herself, Mr. Feingold, and Ms. Mikulski)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

SEC. 1205. REPORT ON PLANNING AND IMPLEMENTATION OF UNITED
STATES ENGAGEMENT AND POLICY TOWARD DARFUR.

(a) Requirement for Reports.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense and the Secretary of State shall submit to the
appropriate congressional committees a report on the policy
of the United States to address the crisis in Darfur, in
eastern Chad, and in north-eastern Central African Republic,
and on the contributions of the Department of Defense and the
Department of State to the North Atlantic Treaty Organization
(NATO), the United Nations, and the African Union in support
of the current African Union Mission in Sudan (AMIS) or any
covered United Nations mission.
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) An assessment of the extent to which the Government of
Sudan is in compliance with its obligations under
international law and as a member of the United Nations,
including under United Nations Security Council Resolutions
1706 (2006) and 1591 (2005), and a description of any
violations of such obligations, including violations relating
to the denial of or delay in facilitating access by AMIS and
United Nations peacekeepers to conflict areas, failure to
implement responsibilities to demobilize and disarm the
Janjaweed militias, obstruction of the voluntary safe return
of internally displaced persons and refugees, and degradation
of security of and access to humanitarian supply routes.
(2) A comprehensive explanation of the policy of the United
States to address the crisis in Darfur, including the
activities of the Department of Defense and the Department of
State.
(3) A comprehensive assessment of the impact of a no-fly
zone for Darfur, including an assessment of the impact of
such a no-fly zone on humanitarian efforts in Darfur and the
region and a plan to minimize any negative impact on such
humanitarian efforts during the implementation of such a no-
fly zone.
(4) A description of contributions made by the Department
of Defense and the Department of State in support of NATO
assistance to AMIS and any covered United Nations mission.
(5) An assessment of the extent to which additional
resources are necessary to meet the obligations of the United
States to AMIS and any covered United Nations mission.
(c) Form and Availability of Reports.--
(1) Form.--Each report submitted under this section shall
be in an unclassified form, but may include a classified
annex.
(2) Availability.--The unclassified portion of any report
submitted under this section shall be made available to the
public.
(d) Repeal of Superseded Report Requirement.--Section 1227
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2426) is
repealed.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Covered united nations mission.--The term ``covered
United Nations mission'' means any United Nations-African
Union hybrid peacekeeping operation in Darfur, and any United
Nations peacekeeping operating in Darfur, eastern Chad, or
northern Central African Republic, that is deployed on or
after the date of the enactment of this Act.
______

SA 2109. Mrs. CLINTON (for herself and Mr. Whitehouse) submitted an
amendment intended to be proposed by her to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title XXXI, add the following:

Subtitle D--Nuclear Terrorism Prevention

SEC. 3131. SHORT TITLE.

This subtitle may be cited as the ``Nuclear Terrorism
Prevention Act of 2007''.

SEC. 3132. DEFINITIONS.

In this subtitle:
(1) The term ``Convention on the Physical Protection of
Nuclear Material'' means the Convention on the Physical
Protection of Nuclear Material, signed at New York and Vienna
March 3, 1980.

[[Page S9050]]

(2) The term ``formula quantities of strategic special
nuclear material'' means uranium-235 (contained in uranium
enriched to 20 percent or more in the U-235 isotope),
uranium-233, or plutonium in any combination in a total
quantity of 5,000 grams or more computed by the formula,
grams = (grams contained U-235) + 2.5 (grams U-233 + grams
plutonium), as set forth in the definitions of ``formula
quantity'' and ``strategic special nuclear material'' in
section 73.2 of title 10, Code of Federal Regulations.
(3) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (21 UST 483).
(4) The term ``nuclear weapon'' means any device utilizing
atomic energy, exclusive of the means for transporting or
propelling the device (where such means is a separable and
divisible part of the device), the principal purpose of which
is for use as, or for the development of, a weapon, a weapon
prototype, or a weapon test device.

SEC. 3133. FINDINGS.

Congress makes the following findings:
(1) The possibility that terrorists may acquire and use a
nuclear weapon against the United States is the most horrific
threat that our Nation faces.
(2) The September 2006 ``National Strategy for Combating
Terrorism'' issued by the White House states, ``Weapons of
mass destruction in the hands of terrorists is one of the
gravest threats we face.''
(3) Former Senator and cofounder of the Nuclear Threat
Initiative Sam Nunn has stated, ``Stockpiles of loosely
guarded nuclear weapons material are scattered around the
world, offering inviting targets for theft or sale. We are
working on this, but I believe that the threat is outrunning
our response.''.
(4) Existing programs intended to secure, monitor, and
reduce nuclear stockpiles, redirect nuclear scientists, and
interdict nuclear smuggling have made substantial progress,
but additional efforts are needed to reduce the threat of
nuclear terrorism as much as possible.
(5) Former United Nations Secretary-General Kofi Annan has
said that a nuclear terror attack ``would not only cause
widespread death and destruction, but would stagger the world
economy and thrust tens of millions of people into dire
poverty''.
(6) United Nations Security Council Resolution 1540 (2004)
reaffirms the need to combat by all means, in accordance with
the Charter of the United Nations, threats to international
peace and security caused by terrorist acts, and directs all
countries, in accordance with their national procedures, to
adopt and enforce effective laws that prohibit any non-state
actor from manufacturing, acquiring, possessing, developing,
transporting, transferring, or using nuclear, chemical, or
biological weapons and their means of delivery, in particular
for terrorist purposes, and to prohibit attempts to engage in
any of the foregoing activities, participate in them as an
accomplice, or assist or finance them.
(7) The Director General of the International Atomic Energy
Agency, Dr. Mohammed ElBaradei, has said that it is a ``race
against time'' to prevent a terrorist attack using a nuclear
weapon.
(8) The International Atomic Energy Agency plays a vital
role in coordinating efforts to protect nuclear materials and
to combat nuclear smuggling.
(9) Legislation sponsored by Senator Richard Lugar, Senator
Pete Domenici, and former Senator Sam Nunn has resulted in
groundbreaking programs to secure nuclear weapons and
materials and to help ensure that such weapons and materials
do not fall into the hands of terrorists.

SEC. 3134. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR
TERRORISM.

It is the sense of Congress that--
(1) the President should make the prevention of a nuclear
terrorist attack on the United States of the highest
priority;
(2) the President should accelerate programs, requesting
additional funding as appropriate, to prevent nuclear
terrorism, including combating nuclear smuggling, securing
and accounting for nuclear weapons, and eliminating,
removing, or securing and accounting for formula quantities
of strategic special nuclear material wherever such
quantities may be;
(3) the United States, together with the international
community, should take a comprehensive approach to reducing
the danger of nuclear terrorism, including by making
additional efforts to identify and eliminate terrorist groups
that aim to acquire nuclear weapons, to ensure that nuclear
weapons worldwide are secure and accounted for and that
formula quantities of strategic special nuclear material
worldwide are eliminated, removed, or secure and accounted
for to a degree sufficient to defeat the threat that
terrorists and criminals have shown they can pose, and to
increase the ability to find and stop terrorist efforts to
manufacture nuclear explosives or to transport nuclear
explosives and materials anywhere in the world;
(4) within such a comprehensive approach, a high priority
must be placed on ensuring that all nuclear weapons worldwide
are secure and accounted for and that all formula quantities
of strategic special nuclear material worldwide are
eliminated, removed, or secure and accounted for; and
(5) the International Atomic Energy Agency should be funded
appropriately to fulfill its role in coordinating
international efforts to protect nuclear material and to
combat nuclear smuggling.

SEC. 3135. SENIOR ADVISOR TO THE PRESIDENT FOR THE PREVENTION
OF NUCLEAR TERRORISM.

(a) Designation of Position.--The President shall designate
an individual to serve in the Executive Office of the
President as the Senior Advisor to the President for the
Prevention of Nuclear Terrorism.
(b) Duties.--The Senior Advisor to the President, under the
direction of the Assistant to the President for National
Security Affairs, shall be responsible for--
(1) advising the President on all matters relating to
preventing nuclear terrorism and responding to a nuclear
terrorism event;
(2) directing and coordinating the formulation of United
States policies for preventing nuclear terrorism, including--
(A) developing plans, including timelines, measurable
milestones, and targets to which the departments and agencies
of the United States Government can be held accountable, to
better prevent nuclear terrorism;
(B) identifying and addressing gaps, duplication, and
inefficiencies in existing programs and taking other
appropriate actions to overcome obstacles to accelerated
progress to prevent nuclear terrorism;
(C) overseeing and coordinating the development, by the
departments and agencies of the United States Government, of
accelerated and strengthened program implementation
strategies and diplomatic strategies with respect to the
prevention of nuclear terrorism;
(D) overseeing and coordinating the development of budget
requests for programs to prevent nuclear terrorism and
ensuring that such requests adequately reflect the priority
of the threat of nuclear terrorism; and
(E) identifying such new initiatives to prevent nuclear
terrorism as may be needed; and
(3) coordinating United States efforts to implement such
policies.

SEC. 3136. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND
FORMULA QUANTITIES OF STRATEGIC SPECIAL NUCLEAR
MATERIAL.

(a) Policy.--It is the policy of the United States to work
with the international community to take all possible steps
to ensure that all nuclear weapons around the world are
secure and accounted for and that all formula quantities of
strategic special nuclear material are eliminated, removed,
or secure and accounted for to a level sufficient to defeat
the threats posed by terrorists and criminals.
(b) International Nuclear Security Standard.--In
furtherance of the policy described in subsection (a), and
consistent with the requirement for ``appropriate effective''
physical protection contained in United Nations Security
Council Resolution 1540 (2004), as well as the Nuclear Non-
Proliferation Treaty and the Convention on the Physical
Protection of Nuclear Material, the President, in
consultation with the Senior Advisor to the President for the
Prevention of Nuclear Terrorism and relevant Federal
departments and agencies, shall seek the broadest possible
international agreement on a global standard for nuclear
security that--
(1) ensures that nuclear weapons and formula quantities of
strategic special nuclear material are secure and accounted
for to a sufficient level to defeat the threats posed by
terrorists and criminals;
(2) takes into account the limitations of equipment and
human performance; and
(3) includes steps to provide confidence that the needed
measures have in fact been implemented.
(c) International Efforts.--In furtherance of the policy
described in subsection (a), the President, in consultation
with the Senior Advisor to the President for the Prevention
of Nuclear Terrorism and relevant Federal departments and
agencies, shall--
(1) work with other countries and the International Atomic
Energy Agency to assist as appropriate, and if necessary,
work to convince, the governments of any and all countries in
possession of nuclear weapons or formula quantities of
strategic special nuclear material to ensure that security is
upgraded to meet the standard described in subsection (b) as
rapidly as possible and in a manner that--
(A) accounts for the nature of the terrorist and criminal
threat in each such country; and
(B) ensures that any measures to which the United States
and any such country agree are sustained after United States
and other international assistance ends;
(2) ensure that United States financial and technical
assistance is available as appropriate to countries for which
the provision of such assistance would accelerate the
implementation of, or improve the effectiveness of, such
security upgrades; and
(3) work with the governments of other countries to ensure
that effective nuclear security rules, accompanied by
effective regulation and enforcement, are put in place to
govern all nuclear weapons and formula quantities of
strategic special nuclear material around the world.

SEC. 3137. ANNUAL REPORT.

(a) In General.--Not later than September 1 of each year,
the President, in consultation with the Senior Advisor to the
President for the Prevention of Nuclear Terrorism and
relevant Federal departments and agencies,

[[Page S9051]]

shall submit to Congress a report on the security of nuclear
weapons, formula quantities of strategic special nuclear
material, radiological materials, and related equipment
worldwide.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A section on the programs for the security and
accounting of nuclear weapons and the elimination, removal,
and security and accounting of formula quantities of
strategic special nuclear material and radiological
materials, established under section 3132(b) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (50 U.S.C. 2569(b)), which shall include the following:
(A) A survey of the facilities and sites worldwide that
contain nuclear weapons or related equipment, formula
quantities of strategic special nuclear material, or
radiological materials.
(B) A list of such facilities and sites determined to be of
the highest priority for security and accounting of nuclear
weapons and related equipment, or the elimination, removal,
or security and accounting of formula quantities of strategic
special nuclear material and radiological materials, taking
into account risk of theft from such facilities and sites,
and organized by level of priority.
(C) A prioritized diplomatic and technical plan, including
measurable milestones, metrics, estimated timetables, and
estimated costs of implementation, on the following:
(i) The security and accounting of nuclear weapons and
related equipment and the elimination, removal, or security
and accounting of formula quantities of strategic special
nuclear material and radiological materials at such
facilities and sites worldwide.
(ii) Ensuring that security upgrades and accounting reforms
implemented at such facilities and sites worldwide using the
financial and technical assistance of the United States are
effectively sustained after such assistance ends.
(iii) The role that international agencies and the
international community have committed to play, together with
a plan for securing contributions.
(D) An assessment of the progress made in implementing the
plan described in subparagraph (C), including a description
of the efforts of foreign governments to secure and account
for nuclear weapons and related equipment and to eliminate,
remove, or secure and account for formula quantities of
strategic special nuclear material and radiological
materials.
(2) A section on efforts to establish and implement the
international nuclear security standard described in section
3136(b) and related policies.
(c) Form.--The report may be submitted in classified form
but shall include a detailed unclassified summary.
______

SA 2110. Mr. SALAZAR submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title XXVIII, add the following:

SEC. 2864. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS
TO ADDRESS ENCROACHMENT OF MILITARY
INSTALLATIONS.

(a) Findings.--In light of the initial report of the
Department of Defense submitted pursuant to section 2684a(g)
of title 10, United States Code, and of the RAND Corporation
report entitled ``The Thin Green Line: An Assessment of DoD's
Readiness and Environmental Protection Initiative to Buffer
Installation Encroachment'', Congress makes the following
findings:
(1) Development and loss of habitat in the vicinity of, or
in areas ecologically related to, military installations,
ranges, and airspace pose a continuing and significant threat
to the readiness of the Armed Forces.
(2) The Range Sustainability Program (RSP) of the
Department of Defense, and in particular the Readiness and
Environmental Protection Initiative (REPI) involving
agreements pursuant to section 2684a of title 10, United
States Code, have been effective in addressing this threat to
readiness with regard to a number of important installations,
ranges, and airspace.
(3) Increasing and appropriate emphasis is being given to
regional, landscape-scale efforts such as the Southeast
Regional Partnership for Planning and Sustainability
(SERPPAS) and the Western Regional Partnership (WRP).
(4) The opportunities to take effective action to protect
installations, ranges, and airspace from encroachment is in
many cases transient, and delay in taking action will result
in either higher costs or permanent loss of the opportunity
effectively to address encroachment.
(5) With the exception of the Air Force, the military
departments are working to fully integrate the authority
provided by section 2684a of title 10, United States Code,
into their programs to address encroachment.
(b) Sense of Congress.--It is the sense of Congress that
the Department of Defense should--
(1) develop additional policy guidance on the further
implementation of the Range and Environmental Protection
Initiative (REPI), to include additional emphasis on
protecting biodiversity and on further refining procedures;
(2) continue to give emphasis to regional, landscape-scale
partnerships and initiatives such as the Southeastern
Regional Partnership for Planning and Sustainability
(SERPPAS) and the Western Regional Partnership (WRP);
(3) give greater emphasis to effective cooperation and
collaboration on matters of mutual concern with other Federal
agencies charged with managing Federal land;
(4) ensure that the Department of the Air Force takes full
advantages of the authorities provided by section 2684a of
title 10, United States Code, in addressing encroachment
adversely affecting, or threatening to adversely affect, the
installations, ranges, and military airspace of the Air
Force; and
(5) provide significant additional resources to the
program, to include dedicated staffing at the installation
level and additional emphasis on outreach programs at all
levels.
(c) Reporting Requirements.--
(1) Recommendations for proposed legislation.--The
Secretary of Defense shall include with the budget
justification materials submitted to Congress in support of
the budget of the President for fiscal year 2009 (as
submitted with the budget of the President under section 1105
of title 31, United States Code)--
(A) recommendations for proposed legislation to address the
issues highlighted by the Department of Defense in Chapter 6
of the initial report submitted to Congress under section
2684a(g) of title 10, United States Code; or
(B) an explanation of the reasons for not recommending any
such legislation.
(2) Reporting of certain actions taken.--The Secretary of
Defense shall include information on actions taken to address
the matters addressed under subsection (b) in the report
submitted to Congress by not later than March 1, 2008, under
section 2684a(g) of title 10, United States Code.
______

SA 2111. Mr. DODD submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

SEC. 1535. REDEPLOYMENT REQUIREMENTS AND SPENDING
RESTRICTIONS RELATED TO MILITARY OPERATIONS IN
IRAQ.

(a) Sense of Congress.--It is the sense of Congress that--
(1) there is no military solution to the ongoing conflict
in Iraq;
(2) the President should change direction in Iraq if he
wants to find a solution to the conflict in that country; and
(3) the President should launch a new diplomatic offensive
in order to promote reconciliation and stability in Iraq, by
appointing a special envoy to engage Iraqi leaders, regional
leaders, and international organizations, such as the United
Nations and the Arab League.
(b) Redeployment of United States Combat Forces.--
(1) Redeployment required.--The Secretary of Defense shall
begin the phased redeployment of members of the Armed Forces
from Iraq not later than 30 days after the date of the
enactment of this Act, and shall redeploy all such forces,
except those who are essential for the limited purposes set
forth in paragraph (2), by April 30, 2008.
(2) Exception for limited purposes.--The requirement to
redeploy forces under paragraph (1) does not apply to forces
essential--
(A) to conduct targeted operations, limited in duration and
scope, against members of al Qaeda and other international
terrorist organizations;
(B) to provide security for United States infrastructure
and personnel; or
(C) to train and equip Iraqi security forces.
(c) Armed Forces Readiness.--Upon completion of the
redeployment required under subsection (b), funds authorized
to be appropriated by this title for Operation Iraqi Freedom
may be available to be expended in accordance with the lists
of program priorities or requirements not included in the
President's proposed budget for fiscal year 2008 submitted to
the Committees on Armed Forces of the Senate and the House of
Representatives by the Chief of the National Guard Bureau,
the Chief of Staff of the Army, the Commandant of the Marine
Corps, the Chief of Staff of the Air Force, and the Chief of
Naval Operations. Such amounts may not exceed--
(1) $1,000,000,000 for the National Guard Reserve Equipment
Account;
(2) $10,288,000,000 for the Army;
(3) $3,189,600,000 for the Marine Corps;
(4) $16,943,600,000 for the Air Force; and
(5) $5,657,000,000 for the Navy.
(d) Limitation on Use of Funds in Event of Failure to
Redeploy Forces.--Twenty-five percent of the funds
appropriated or otherwise made available for the Department
of

[[Page S9052]]

Defense for fiscal year 2008 for activities in Iraq may not
be obligated or expended unless the number of members of the
Armed Forces deployed in Iraq by December 31, 2007, is at
least 50,000 fewer than the number so deployed as of July 11,
2007, unless the President certifies to the congressional
defense committees that it is still possible to redeploy all
such forces, except those who are essential for the limited
purposes set forth in subsection (b)(2), by April 30, 2008.
(e) Report.--Not later than 60 days after the date of the
enactment of this Act, and every 30 days thereafter until May
31, 2008, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of
redeployment efforts under this section.
(f) Rule of Construction.--Nothing in this section shall be
construed as prohibiting funding for personal protective
equipment or other equipment or materiel necessary for
improving the safety of members of the Armed Forces.
______

SA 2112. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 583. STUDY ON IMPROVING SUPPORT SERVICES FOR CHILDREN,
INFANTS, AND TODDLERS OF MEMBERS OF THE ACTIVE
AND RESERVE COMPONENTS UNDERGOING DEPLOYMENT.

(a) Study Required.--
(1) Study.--The Secretary of Defense shall conduct a study
to evaluate the feasibility and advisability of entering into
a contract or other agreement with a private sector entity
having expertise in the health and well-being of families and
children, infants, and toddlers in order to enhance and
develop support services for children of members of the
Active and Reserve Components who are deployed.
(2) Types of support services.--In conducting the study,
the Secretary shall consider the need--
(A) to develop materials for parents and other caretakers
of children of members of the Active and Reserve Components
who are deployed to assist such parents and caretakers in
responding to the adverse implications of such deployment
(and the death or injury of such members during such
deployment) for such children, including the role such
parents and caretakers can play in addressing and mitigating
such implications;
(B) to develop programs and activities to increase
awareness throughout the military and civilian communities of
the adverse implications of such deployment (and the death or
injury of such members during such deployment) for such
children and their families and to increase collaboration
within such communities to address and mitigate such
implications;
(C) to develop training for early child care and education,
mental health, health care, and family support professionals
to enhance the awareness of such professionals of their role
in assisting families in addressing and mitigating the
adverse implications of such deployment (and the death or
injury of such members during such deployment) for such
children; and
(D) to conduct research on best practices for building
psychological and emotional resiliency in such children in
coping with the deployment of such members.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report containing the results of the study
conducted under subsection (a).

SEC. 584. STUDY ON ESTABLISHMENT OF PILOT PROGRAM ON FAMILY-
TO-FAMILY SUPPORT FOR FAMILIES OF DEPLOYED
MEMBERS OF THE ACTIVE AND RESERVE COMPONENTS.

(a) Study.--The Secretary of Defense shall carry out a
study to evaluate the feasibility and advisability of
establishing a pilot program on family-to-family support for
families of deployed members of the Active and Reserve
Components. The study shall include an assessment of the
following:
(1) The effectiveness of family-to-family support programs
in--
(A) providing peer support for families of deployed members
of the Active Reserve and Components;
(B) identifying and preventing family problems in such
families;
(C) reducing adverse outcomes for children of such
families, including poor academic performance, behavioral
problems, stress, and anxiety; and
(D) improving family readiness and post-deployment
transition for such families.
(2) The feasibility and advisability of utilizing spouses
of members of the Armed Forces as counselors for families of
deployed members of the Active and Reserve Components, in
order to assist such families in coping throughout the
deployment cycle.
(3) Best practices for training spouses of members of the
Armed Forces to act as counselors for families of deployed
members of the Active and Reserve Components.
(b) Report.--The Secretary of Defense shall submit to
Congress a report containing the results of the study
conducted under subsection (a) not later than 180 days after
the date of the enactment of this Act.
______

SA 2113. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPARTMENT
OF DEFENSE FOR THE PURCHASE OF SYNTHETIC FUELS.

(a) Multiyear Procurement Authorized.--Chapter 141 of title
10, United States Code, as amended by section 826 of this
Act, is further amended by adding at the end the following
new section:

``Sec. 2410r. Multiyear procurement authority: purchase of
synthetic fuels

``(a) Multiyear Contracts Authorized.--Subject to
subsections (b) and (c), the Secretary of Defense may enter
into contracts for a period not to exceed 10 years for the
purchase of synthetic fuels.
``(b) Limitations on Contracts for Periods in Excess of
Five Years.--The Secretary may exercise the authority in
subsection (a) to enter a contract for a period in excess of
five years only if the Secretary determines, on the basis of
a business case prepared by the Department of Defense, that--
``(1) the proposed purchase of fuels under such contract is
cost effective for the Department of Defense; and
``(2) it would not be possible to purchase fuels from the
source in an economical manner without the use of a contract
for a period in excess of five years.
``(c) Limitation on Lifecycle Greenhouse Gas Emissions.--
The Secretary may not purchase synthetic fuels under the
authority in subsection (a) unless the lifecycle greenhouse
gas emissions from such fuels are not greater than the
lifecycle greenhouse gas emissions from similar conventional
petroleum-based fuels.
``(d) Synthetic Fuel Defined.--In this section, the term
`synthetic fuel' means any liquid, gas, or combination
thereof that--
``(1) can be used as a substitute for petroleum or natural
gas (or any derivative thereof, including chemical
feedstocks); and
``(2) is produced by chemical or physical transformation of
domestic sources of energy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of such title, as so amended, is
further amended by adding at the end the following new item:

``2410r. Multiyear procurement authority: purchase of
synthetic fuels.''.
______

SA 2114. Mr. CRAIG (for himself and Mr. Akaka) submitted an amendment
intended to be proposed to amendment SA 2019 submitted by Mr. Levin
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

On page 43, strike lines 8 through 11 and insert the
following:
``(b) Partnerships.--The Secretary shall ensure that the
Center collaborates to the maximum extent practicable with
the Department of Veterans Affairs, institu-
______

SA 2115. Mr. CRAIG (for himself and Mr. Akaka) submitted an amendment
intended to be proposed to amendment SA 2019 submitted by Mr. Levin
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

On page 47, strike lines 15 through 18 and insert the
following:
``(b) Partnerships.--The Secretary shall ensure that the
Center collaborates to the maximum extent practicable with
the National Center for Post-Traumatic Stress
______

SA 2116. Mr. CHAMBLISS (for himself, Mr. Coleman, Mr. Isakson, and
Ms. Klobuchar) submitted an amendment intended to be proposed by him to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal

[[Page S9053]]

year, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 683. NATIONAL GUARD YELLOW RIBBON REINTEGRATION PROGRAM.

(a) Establishment.--The Secretary of Defense, in
coordination with the Chief of the National Guard Bureau,
shall establish a national combat veteran reintegration
program to provide National Guard members and their families
with sufficient information, services, referral, and
proactive outreach opportunities throughout the entire
deployment cycle. This program shall be known as the Yellow
Ribbon Reintegration Program. The Secretary may also use
funds made available to carry out this section to support
reintegration programs for members of the Army Reserve,
Marine Corps Reserve, Navy Reserve, and Air Force Reserve and
their families.
(b) Purpose.--The Yellow Ribbon Reintegration Program shall
consist of informational events and activities for Reserve
Component members, their families, and community members
through the four phases of the deployment cycle:
(1) Pre-Deployment.
(2) Deployment.
(3) Demobilization.
(4) Post-Deployment-Reconstitution.
(c) Consultation.--The National Guard Bureau Chief shall
consult with the following parties during establishment of
the program:
(1) The Adjutant General of the Minnesota National Guard
and officials associated with the State's ``Beyond the Yellow
Ribbon'' Reintegration Program, the Adjutant General of New
Hampshire, the Adjutant General of Oregon, and the Adjutant
General of Washington.
(2) Adjutants General of the remaining States and
territories.
(d) Organization.--
(1) Executive agent.--The Secretary shall designate the
National Guard Bureau as the Department of Defense executive
agent for the Yellow Ribbon Reintegration Program.
(2) Establishment of the office for reintegration
programs.--
(A) In general.--The National Guard Bureau shall establish
the Office for Reintegration Programs within the National
Guard Bureau Joint Staff. The office shall administer all
reintegration programs in coordination with State National
Guard organizations. The office shall be responsible for
coordination with existing National Guard family and support
programs. The Directors of the Army National Guard and Air
National Guard may appoint liaison officers to work with the
permanent office staff. The office shall closely coordinate
with the Army National Guard and Air National Guard
Directorates for Manpower and Personnel with respect to
existing family support structure, mobilization schedules,
training schedules, training plans and programs, and any
other personnel issues.
(B) Establishment of a center for excellence in
reintegration.--The Office for Reintegration Programs shall
establish a Center for Excellence in Reintegration within the
office. The Center shall collect and analyze ``lessons
learned'' and suggestions from State National Guard
organizations with existing or developing reintegration
programs. The Center shall also assist in developing training
aids and briefing materials and training representatives from
State National Guard organizations. Representatives from
State National Guard organizations with successful
reintegration programs may augment the office staff.
(3) Advisory board.--
(A) Appointment.--The Chief of the National Guard Bureau
shall appoint an advisory board to analyze and report areas
of success and areas for necessary improvements. The advisory
board shall include, but is not limited to, the Director of
the Army National Guard, the Director of the Air National
Guard, the Assistant Secretary of Defense for Reserve
Affairs, an Adjutant General on a rotational basis as
determined by the Chief of the National Guard Bureau, the
Director of the National Guard Bureau Manpower and Personnel
Directorate (J-1), and any other Department of Defense,
Federal Government agency, or outside organization as
determined by the Chief of the National Guard Bureau. The
members of the advisory board may designate representatives
in their stead.
(B) Schedule.--The advisory board shall meet on a schedule
as determined by the Chief of the National Guard Bureau.
(C) Initial reporting requirement.--The advisory board
shall issue internal reports as necessary and shall submit an
initial report to the Committees on Armed Services not later
than 180 days after the end of a one-year period from
establishment of the Office for Reintegration Programs. This
report shall contain--
(i) an evaluation of the reintegration program's
implementation by State National Guard organizations;
(ii) an assessment of any unmet resource requirements;
(iii) an assessment of the reintegration program's further
inclusion of other Reserve Component members and the
necessity for further expansion to incorporate all the
Reserve Components; and
(iv) recommendations regarding closer coordination between
the Office of Reintegration Programs and State National Guard
organizations.
(D) Annual reports.--The advisory board shall submit annual
reports to the Committees on Armed Services of the Senate and
the House of Representatives following the initial report by
the first week in March of subsequent years following the
initial report.
(4) State deployment cycle support teams.--The Office for
Reintegration Programs shall employ personnel to administer
the Yellow Ribbon Reintegration Program at the State level.
The Chief of the National Guard Bureau shall assign State
Deployment Cycle Support Team members based on State need,
geographical dispersion, and military population. The Office
for Reintegration Programs is encouraged to employ wounded
service members and returning combat veterans whenever
possible. The primary function of team members shall be--
(A) developing and managing the reintegration curriculum;
(B) contracting and recruiting for necessary service
providers; and
(C) ensuring that providers' skills adapt to the unique
military nature of the reintegration program.
(e) Program.--
(1) In general.--The Office for Reintegration Programs
shall analyze the demographics, placement of State Family
Assistance Centers (FAC), and FAC resources before a
mobilization alert is issued to affected State National Guard
organizations. The Office of Reintegration Programs shall
consult with affected State National Guard organizations
following the issuance of a mobilization alert and implement
the reintegration events in accordance with the Reintegration
Program phase model.
(2) Pre-deployment phase.--The Pre-Deployment Phase shall
constitute the time from first notification of mobilization
until deployment of the mobilized National Guard unit. Events
and activities shall focus on providing education and
ensuring the readiness of service members, families, and
communities for the rigors of a combat deployment.
(3) Deployment phase.--The Deployment Phase shall
constitute the period from deployment of the mobilized
National Guard unit until the unit arrives at a
demobilization station inside the continental United States.
Events and services provided shall focus on the challenges
and stress associated with separation and having a member in
a combat zone. Information sessions shall utilize State
National Guard resources in coordination with the Employer
Support of Guard and Reserve Office, Transition Assistance
Advisors, and the State Family Programs Director.
(4) Demobilization phase.--
(A) In general.--The Demobilization Phase shall constitute
the period from arrival of the National Guard unit at the
demobilization station until its departure for home station.
In the interest of returning members as soon as possible to
their home stations, reintegration briefings during the
Demobilization Phase shall be minimized. State Deployment
Cycle Support Teams are encouraged, however, to assist
demobilizing members in enrolling in the Department of
Veterans Affairs system using Form 1010EZ during the
Demobilization Phase. State Deployment Cycle Support Teams
may provide other events from the Initial Reintegration
Activity as determined by the State National Guard
organizations. Remaining events shall be conducted during the
Post-Deployment-Reconstitution Phase.
(B) Initial reintegration activity.--The purpose of this
reintegration program is to educate service members about the
resources that are available to them and to connect members
to service providers who can assist them in overcoming the
challenges of reintegration.
(5) Post-deployment-reconstitution phase.--
(A) In general.--The Post-Deployment-Reconstitution Phase
shall constitute the period from arrival at home station
until 180 days following demobilization. Activities and
services provided shall focus on reconnecting service members
with their families and communities and providing resources
and information necessary for successful reintegration.
Reintegration events shall begin with elements of the Initial
Reintegration Activity program that were not completed during
the Demobilization Phase.
(B) 30-day, 60-day, and 90-day reintegration activities.--
The State National Guard organizations shall hold
reintegration activities at the 30-day, 60-day, and 90-day
interval following demobilization. These activities shall
focus on reconnecting service members and family members with
the service providers from Initial Reintegration Activity to
ensure service members and their families understand what
benefits they are entitled to and what resources are
available to help them overcome the challenges of
reintegration. The Reintegration Activities shall also
provide a forum for service members and families to address
negative behaviors related to combat stress and transition.
(C) Service member pay.--Service members shall receive
appropriate pay for days spent attending the Reintegration
Activities at the 30-day, 60-day, and 90-day intervals.
(D) Monthly individual reintegration program.--The Office
for Reintegration Programs, in coordination with State
National Guard organizations, shall offer a monthly
reintegration program for individual service members released
from active duty or formerly in a medical hold status. The
program

[[Page S9054]]

shall focus on the special needs of this service member
subset and the Office for Reintegration Programs shall
develop an appropriate program of services and information.
(f) Funding.--For purposes of carrying out this section,
the following amounts may be available:
(1) From amounts authorized to be appropriated by section
421(9) for the Army National Guard for personnel,
$100,000,000.
(2) From amounts authorized to be appropriated by section
301(5) for operation and maintenance, Defense-wide
activities, $23,000,000.
______

SA 2117. Mr. COLEMAN submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle B of title IV, add the following:

SEC. 416. REVISION OF AUTHORIZED VARIANCES IN END STRENGTHS
FOR SELECTED RESERVE PERSONNEL.

(a) Increase.--Section 115(f)(3) of title 10, United States
Code, is amended by striking ``2 percent'' and inserting ``3
percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2007, and shall apply with
respect to fiscal years beginning on or after that date.
______

SA 2118. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of section 1061(b), add following:
(8) If any plan referred to in paragraph (7) includes
replacing or modifying warheads--
(A) an assessment of the estimated cost of the replacement
or modification of warheads under such plan during the 10-
year period beginning on the date of the implementation of
such plan; and
(B) a statement of the anticipated schedule for the
replacement of warheads in the stockpile over time.
______

SA 2119. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of section 871(b), add following:
(5) Inspector general report on pilot program on imposition
of fines for noncompliance of personnel with clause.--Not
later than January 30, 2008, the Inspector General of the
Department of Defense shall submit to Congress a report
assessing the feasibility and advisability of carrying out a
pilot program for the imposition of fines on contractors or
subcontractors for personnel who violate or fail to comply
with applicable requirements of the clause required by this
section as a mechanism for enhancing the compliance of such
personnel with the clause. The report shall include--
(A) an assessment of the feasibility and advisability of
carrying out the pilot program; and
(B) if the Inspector General determines that carrying out
the pilot program is feasible and advisable--
(i) recommendations on the range of contracts and
subcontracts to which the pilot program should apply; and
(ii) a schedule of fines to be imposed under the pilot
program for various types of personnel actions or failures.
______

SA 2120. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 415, between lines 2 and 3, insert the following:
(C) activities for the coordination of research technology
development and concepts of operations on improvised
explosive defeat with the military departments, the Defense
Agencies, the combatant commands, the Department of Homeland
Security, and other appropriate departments and agencies of
the Federal Government.
______

SA 2121. Mrs. McCASKILL submitted an amendment intended to be
proposed by her to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 827. MODIFICATION OF AUTHORITIES RELATING TO
UNDEFINITIZED CONTRACTUAL ACTIONS.

(a) Approval Required for Certain Actions.--Section 2326 of
title 10, United States Code, is amended--
(1) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Approval Required for Certain Actions.--(1) A
contracting officer may not take an action described in
paragraph (2) unless the contracting officer has documented
the need for the action in writing and received the approval
of the head of the contracting activity.
``(2) An action described in this paragraph is an action as
follows:
``(A) Entry into an undefinitized contractual action for or
on behalf of the Department of Defense.
``(B) Obligation of more than 25 percent of the negotiated
overall ceiling price for an undefinitized contractual action
before the contractual terms, specifications, and price are
definitized.
``(C) Obligation of more than 50 percent of the negotiated
overall ceiling price for an undefinitized contractual action
before the contractual terms, specifications, and price are
definitized.''.
(b) Allowable Profit.--Subsection (f) of such section, as
redesignated by subsection (a)(1) of this section, is amended
to read as follows:
``(f) Allowable Profit.--A contracting officer shall--
``(1) address the reduced cost risk to a contractor with
respect to costs incurred pursuant to an undefinitized
contractual action before the contractual terms,
specifications, and price are definitized by allowing a
profit or fee on such costs that does not exceed 50 percent
of the profit or fee that would otherwise be allowable for
such costs; and
``(2) ensure that the profit allowed with respect to costs
incurred during the performance of the remaining part of the
contract reflects any reduced risk to the contractor with
respect to such performance.''.
(c) Scope of Undefinitized Contractual Actions.--Paragraph
(1) of subsection (h) of such section, as so redesignated, is
amended by striking ``procurement action'' and inserting
``procurement action (including a contract, a task or
delivery order issued against an existing contract, or a
modification that changes the scope of an existing
contract)''.
(d) Conforming Amendment.--Paragraph (3) of subsection (c)
of such section, as so redesignated, is amended by striking
``subsection (g)'' and inserting ``subsection (h)''.
(e) Annual Reports.--Not later than 30 days after the end
of each of fiscal years 2008 through 2012, the Secretary of
Defense shall submit to the congressional defense committees
a report on undefinitized contractual actions that are not
definitized within established time frames and not-to-exceed
guidelines. Each report shall include the following:
(1) The number and total dollar value of undefinitized
contractual actions entered into for or on behalf of the
Department of Defense that have not been definitized--
(A) within 180 days of award;
(B) before 40 percent of the work is complete; and
(C) before 50 percent of the funds have been obligated.
(2) The actions that the Department of Defense has taken
and plans to take to reduce the number and dollar value of
undefinitized contractual actions in each of the categories
listed in paragraph (1).
______

SA 2122. Mrs. McCASKILL submitted an amendment intended to be
proposed by her to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 827. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR
SERVICES.

(a) Reviews Required.--Section 2330 of title 10, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Independent Management Reviews.--(1) Each senior
official responsible for the

[[Page S9055]]

management of acquisition of contract services shall ensure
that an independent management review is conducted on an
annual basis for any contract for services entered for or on
behalf of the Department of Defense valued in excess of--
``(A) $250,000,000, in the case of a contract awarded to a
single contractor; or
``(B) $1,000,000,000, in the case of a contract awarded to
multiple contractors.
``(2) An independent management review under this
subsection shall be conducted by a team of Department of
Defense employees with an expertise in the acquisition of
contract services who do not have direct responsibility for
the management of the contract to be reviewed.
``(3) Each independent management review of a contract for
services conducted under this subsection shall, at a
minimum--
``(A) evaluate contract performance in terms of cost,
schedule and requirements;
``(B) assess the contracting mechanisms used, including the
use of competition, the contract structure and type, the
definition of contract requirements, cost and pricing
methods, the award and negotiation of task orders, and
management and oversight mechanisms;
``(C) evaluate the contractor's use, management, and
oversight of subcontractors;
``(D) review the staffing of contract management and
oversight functions;
``(E) assess alternative contracting approaches;
``(F) make specific recommendations to ensure that the
contract is managed and performed in a manner that is
consistent with applicable requirements of law and regulation
and best protects the interests of the Department of Defense;
and
``(G) develop lessons learned that can be applied to other
contracts for services entered for or on behalf of the
Department of Defense.
``(4) An annual review shall not be required under this
subsection for any contract under which the work has been
substantially completed (as determined by the Secretary of
Defense).''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply to contracts awarded before, on, or after
that date.
(2) Limitation on future exercise of options under covered
contracts.--Beginning on the date that is one year after the
date of the enactment of this Act, no option shall be
exercised under a contract that is subject to the
requirements of subsection (c) of section 2330 of title 10,
United States Code (as amended by subsection (a) of this
section), unless an independent management review of the
contract has been performed in accordance with the
requirements of such subsection (c) in the previous year.
______

SA 2123. Mr. CARPER (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 865. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL
OUTSIDE THE ACQUISITION WORKFORCE.

(a) Training Requirement.--Section 2333 of title 10, United
States Code is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Training for Personnel Outside Acquisition
Workforce.--(1) The joint policy for requirements definition,
contingency program management, and contingency contracting
required by subsection (a) shall provide for training of
military personnel outside the acquisition workforce
(including operational field commanders and officers
performing key staff functions for operational field
commanders) who are expected to have acquisition
responsibility, including oversight duties associated with
contracts or contractors, during combat operations, post-
conflict operations, and contingency operations.
``(2) Training under paragraph (1) shall be sufficient to
ensure that the military personnel referred to in that
paragraph understand the scope and scale of contractor
support they will experience in contingency operations and
are prepared for their roles and responsibilities with regard
to requirements definition, program management (including
contractor oversight), and contingency contracting.
``(3) The joint policy shall also provide for the
incorporation of contractors and contract operations in
mission readiness exercises for operations that will include
contracting and contractor support.''.
(b) Comptroller General Report.--Section 854(c) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2346) is amended by
adding at the end the following new paragraph:
``(3) Comptroller general report.--Not later than 180 days
after the date on which the Secretary of Defense submits the
final report required by paragraph (2), the Comptroller
General of the United States shall--
``(A) review the joint policies developed by the Secretary,
including the implementation of such policies; and
``(B) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
extent to which such policies. and the implementation of such
policies, comply with the requirements of section 2333 of
title 10, United States Code (as so added).''.
______

SA 2124. Mr. NELSON of Nebraska (for himself and Ms. Collins)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

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

SEC. 1535. TRANSITION OF MISSION OF UNITED STATES FORCES IN
IRAQ.

(a) In General.--Commencing as of the date of the enactment
of this Act, the President shall immediately begin the
transition of mission for all United States forces in Iraq.
(b) Transition of Mission.--United States forces in Iraq
shall be limited to--
(1) protecting United States personnel and infrastructure
in Iraq;
(2) continuing the training and equipping of Iraqi security
forces;
(3) securing Iraq's borders in order to halt and prevent
the influx of foreign and al Qaeda fighters into Iraq; and
(4) continuing the conduct of counterterrorism operations
against al Qaeda, al Qaeda-affiliated forces, and other
terrorist groups engaged in destabilization efforts in Iraq.
(c) Goal for Actions.--The goal of completing the
transition and redeployment of United States forces to a new
mission in accordance with this section shall be March 31,
2008, as outlined in the report of the Iraq Study Group.
______

SA 2125. Mrs. FEINSTEIN (for herself, Mr. Harkin, Mr. Dodd, Mrs.
Clinton, Mr. Brown, Mr. Bingaman, Mr. Kennedy, Mr. Whitehouse, and Mr.
Obama) submitted an amendment intended to be proposed by her to the
bill H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following new section:

SECTION 1070. REQUIRED CLOSURE OF GUANTANAMO BAY DETENTION
FACILITY.

(a) Closure of Detention Facility.--Not later than one year
after the date of the enactment of this Act--
(1) the President shall close the Department of Defense
detention facility at Guantanamo Bay, Cuba; and
(2) all detainees held at such facility shall be
transferred from the facility.
(b) Restriction on Transfer of Detainees Outside the United
States.--No detainee transferred under subsection (a)(2) who
is kept in the custody or control of the United States may be
transferred to a facility that is located outside the
continental United States.
(c) Reporting Requirements.--
(1) Implementation plan.--Not later than 90 days after the
date of the enactment of this Act, the President shall submit
to Congress a report describing plans to implement subsection
(a), including the legal justification for continuing to
detain any individual under United States custody under such
plans.
(2) Updates.--The President shall keep Congress fully and
currently informed of the steps taken to implement subsection
(a).
(d) Rules of Construction.--
(1) No additional detention authority.--Nothing in this
section shall be construed as altering or adding to existing
authorities for the detention or treatment of individuals in
United States custody.
(2) Immigration status.--The transfer of an individual
under subsection (a) shall not be considered an entry into
the United States for purposes of immigration status.
______

SA 2126. Mr. AKAKA submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

[[Page S9056]]

At the appropriate place, insert the following:

SEC. __. FLEXIBILITY IN PAYING ANNUITIES TO CERTAIN FEDERAL
RETIREES WHO RETURN TO WORK.

Section 9902(j) of title 5, United States Code, is amended
to read as follows:
``(j) Provisions Relating to Reemployment.--
``(1) Except as provided under paragraph (2), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a position
within the Department of Defense, his annuity shall continue.
An annuitant so reemployed shall not be considered an
employee for purposes of chapter 83 or 84.
``(2)(A) An annuitant receiving an annuity from the Civil
Service Retirement and Disability Fund who becomes employed
in a position within the Department of Defense following
retirement under section 8336(d) or 8414(b) shall be subject
to section 8344 or 8468.
``(B) The Secretary of Defense may, under procedures and
criteria prescribed under subparagraph (C), waive the
application of the provisions of section 8344 or 8468 on a
case-by-case or group basis, for employment of an annuitant
referred to in subparagraph (A) in a position in the
Department of Defense.
``(C) The Secretary shall prescribe procedures for the
exercise of any authority under this paragraph, including
criteria for any exercise of authority and procedures for a
delegation of authority.
``(D) An employee as to whom a waiver under this paragraph
is in effect shall not be considered an employee for purposes
of subchapter III of chapter 83 or chapter 84.
``(3) An annuitant receiving an annuity from the Civil
Service Retirement and Disability Fund who was employed in a
position within the Department of Defense following
retirement under section 8336(d) or 8414(b) after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 103-160) shall, within 90 days
after the Department of Defense issues regulations on this
subsection and after the Department takes reasonable efforts
to notify employees, be able to elect to be covered by
paragraph (1) or (2) of this subsection.''.
______

SA 2127. Mr. WEBB (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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 ``investi-
gating--''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
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 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''.
______

SA 2128. Mr. REID (for Mr. Lautenberg) proposed an amendment to the
resolution S. Res. 226, recognizing the month of November 2007 as
``National Homeless Youth Awareness Month''; as follows:

On page 3 line 5 after ``November.'' Strike the period and
insert ``2007.''
______

SA 2129. Mr. REID (for Mr. Lautenberg) proposed an amendment to the
resolution S. Res. 226, recognizing the month of November 2007 as
``National Homeless Youth Awareness Month''; as follows:

Amend the title to read:
``Recognizing the month of November 2007 as ``National
Homeless Youth Awareness Month''.
______

SA 2130.  Mrs. DOLE submitted an amendment intended to be proposed by
her to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

SEC. 1234. REPORT ON SECURITY CAPABILITIES NEEDED TO
STABILIZE DARFUR, SUDAN.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should assemble a multinational
coalition to stabilize the Darfur region of Sudan; and
(2) the United States Government, with the concurrence of
the Government of Chad, should help provide for the necessary
improvements to the airfield located in Abeche, Chad, in
order to support potential multinational operations,
facilitate a possible United Nations deployment to Chad and
Darfur, and support humanitarian operations.
(b) Report.--
(1) In general.--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, shall submit to
Congress a report on the security capabilities needed to
stabilize Darfur.
(2) Content.--The report required under paragraph (1)
shall--
(A) identify countries and multinational organizations,
including the North Atlantic Treaty Organization, with the
capacity to contribute to the stabilization of Darfur;
(B) describe the current operational status of the airfield
located in Abeche, Chad, and include recommendations for
upgrades to the Abeche airfield to support enhanced
operations and a large increase in air traffic, including a
cost-estimate for such upgrades; and
(C) identify the level of forces needed to achieve and
maintain stability in Darfur.

____________________