To prevent nuclear terrorism, and for other purposes.

TEXT OF AMENDMENTS

SA 2210. 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 XXXI, add the following:

SEC. 3126. MODIFICATION OF REPORTING REQUIREMENT.

Section 3111 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3539) is
amended--
(1) in subsection (b), by striking ``March 1, 2007'' and
inserting ``March 1 of 2007, 2009, 2011, and 2013'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Form.--The report required by subsection (b) to be
submitted not later than March 1 of 2009, 2011, or 2013,
shall be submitted in classified form, and shall include a
detailed unclassified summary.''; and
(4) in subsection (e), as redesignated, by striking ``(c)''
and inserting ``(d)''.
______

SA 2211. 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:

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

SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.

(a) Findings.--Congress makes the following findings:
(1) The brown tree snake (Boiga irregularis), an invasive
species, is found in significant numbers on military
installations and in other areas on Guam, and constitutes a
serious threat to the ecology of Guam.
(2) If introduced into Hawaii, the Commonwealth of the
Northern Mariana Islands, or the continental United States,
the brown tree snake would pose an immediate and serious
economic and ecological threat.
(3) The most probable vector for the introduction of the
brown tree snake into Hawaii, the Commonwealth of the
Northern Mariana Islands, or the continental United States is
the movement from Guam of military aircraft, personnel, and
cargo, including the household goods of military personnel.
(4) It is probable that the movement of military aircraft,
personnel, and cargo, including the household goods of
military personnel, from Guam to Hawaii, the Commonwealth of
the Northern Mariana Islands, or the continental United
States will increase significantly coincident with the
increase in the number of military units and personnel
stationed on Guam,
(5) Current policies, programs, procedures, and dedicated
resources of the Department of Defense and of other
departments and agencies of the United States may not be
sufficient to adequately address the increasing threat of the
introduction of the brown tree snake from Guam into Hawaii,
the Commonwealth of the Northern Mariana Islands, or the
continental United States.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report on the following:
(1) The actions currently being taken (including the
resources being made available) by the Department of Defense
to control, and to develop new or existing techniques to
control, the brown tree snake on Guam and to ensure that the
brown tree snake is not introduced into Hawaii, the
Commonwealth of the Northern Mariana Island, or the
continental United States as a result of the movement from
Guam of military aircraft, personnel, and cargo, including
the household goods of military personnel.
(2) Current plans for enhanced future actions, policies,
and procedures and increased levels of resources in order to
ensure that the projected increase of military personnel
stationed on Guam does not increase the threat of
introduction of the brown tree snake from Guam into Hawaii,
the Commonwealth of the Northern Mariana Islands, or the
continental United States.
______

SA 2212. Mr. LEVIN (for himself and Mr. McCain) 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. PROTECTION OF CERTAIN INDIVIDUALS.

(a) Protection for Department Leadership.--The Secretary of
Defense, under regulations prescribed by the Secretary and in
accordance with guidelines approved by the Secretary and the
Attorney General, may authorize qualified members of the
Armed Forces and qualified civilian employees of the
Department of Defense to provide physical protection and
security within the United States to the following persons
who, by nature of their positions, require continuous
security and protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Chiefs of the Services.
(7) Commanders of combatant commands.
(b) Protection for Additional Personnel.--
(1) Authority to provide.--The Secretary of Defense, under
regulations prescribed by the Secretary and in accordance
with guidelines approved by the Secretary and the Attorney
General, may authorize qualified members of the Armed Forces
and qualified civilian employees of the Department of Defense
to provide physical protection and security within the United
States to individuals other than individuals described in
paragraphs (1) through (7) of subsection (a) if the Secretary
determines that such protection is necessary because--
(A) there is an imminent and credible threat to the safety
of the individual for whom protection is to be provided; or
(B) compelling operational considerations make such
protection essential to the conduct of official Department of
Defense business.
(2) Personnel.--Individuals authorized to receive physical
protection and security under this subsection include the
following:
(A) Any official, military member, or employee of the
Department of Defense, including such a former or retired
official who faces serious and credible threats arising from
duties performed while employed by the Department.
(B) Any distinguished foreign visitor to the United States
who is conducting official business with the Department of
Defense.
(C) Any member of the immediate family of a person
authorized to receive physical protection and security under
this section.
(3) Limitation on delegation.--The authority of the
Secretary of Defense to authorize the provision of physical
protection and security under this subsection may be
delegated only to the Deputy Secretary of Defense.
(4) Requirement for written determination.--A determination
of the Secretary of Defense to provide physical protection
and security under this subsection shall be in writing, shall
be based on a threat assessment by an appropriate law
enforcement, security or intelligence organization, and shall
include the name and title of the officer, employee, or other
individual affected, the reason for such determination, and
the duration of the authorized protection and security for
such officer, employee, or individual.

[[Page S9267]]

(5) Duration of protection.--
(A) Initial period of protection.--After making a written
determination under paragraph (4), the Secretary of Defense
may provide protection and security to an individual under
this subsection for an initial period of not more than 90
calendar days.
(B) Subsequent period.--If, at the end of the 90-day period
that protection and security is provided to an individual
under subsection (A), the Secretary determines that a
condition described in subparagraph (A) or (B) of paragraph
(1) continues to exist with respect to the individual, the
Secretary may extend the period that such protection and
security is provided for additional 60-day periods. The
Secretary shall review such a determination at the end of
each 60-day period to determine whether to continue to
provide such protection and security.
(C) Requirement for compliance with regulations.--
Protection and security provided under subparagraph (B) shall
be provided in accordance with the regulations and guidelines
referred to in paragraph (1).
(6) Submission to congress.--
(A) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report of each
determination made under paragraph (4) to provide protection
and security to an individual and of each determination under
paragraph (5)(B) to extend such protection and security,
together with the justification for such determination, not
later than 30 days after the date on which the determination
is made.
(B) Form of report.--A report submitted under subparagraph
(A) may be made in classified form.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means the Committee on
Appropriations and the Committee on Armed Services of the
Senate and the Committee on Appropriations and the Committee
on Armed Services of the House of Representatives.
(2) Qualified members of the armed forces and qualified
civilian employees of the department of defense.--The terms
``qualified members of the Armed Forces and qualified
civilian employees of the Department of Defense'' refer
collectively to members or employees who are assigned to
investigative, law enforcement, or security duties of any of
the following:
(A) The U.S. Army Criminal Investigation Command.
(B) The Naval Criminal Investigative Service.
(C) The U.S. Air Force Office of Special Investigations.
(D) The Defense Criminal Investigative Service.
(E) The Pentagon Force Protection Agency.
(d) Construction.--
(1) No additional law enforcement or arrest authority.--
Other than the authority to provide security and protection
under this section, nothing in this section may be construed
to bestow any additional law enforcement or arrest authority
upon the qualified members of the Armed Forces and qualified
civilian employees of the Department of Defense.
(2) Authorities of other departments.--Nothing in this
section may be construed to preclude or limit, in any way,
the express or implied powers of the Secretary of Defense or
other Department of Defense officials, or the duties and
authorities of the Secretary of State, the Director of the
United States Secret Service, the Director of the United
States Marshals Service, or any other Federal law enforcement
agency.
______

SA 2213. Mr. BIDEN 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 X, add the following:

SEC. 1008. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE AND
DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE
FOR ANY FISCAL YEAR IN WHICH THE ARMED FORCES
ARE ENGAGED IN A MAJOR MILITARY CONFLICT.

If the Armed Forces are involved in a major military
conflict when the President submits to Congress the budget
for a fiscal year under section 1105 of title 31, United
States Code, and either the aggregate amount included in that
budget for the Department of Defense or the Department of
Veterans Affairs for health care for such fiscal year is less
than the aggregate amount provided by Congress for the
Department of Defense and the Department of Veterans Affairs
for health care for such preceding fiscal year, and, in the
case of the Department of Defense, the total allocation from
the Defense Health Program to any military department is less
than the total such allocation in the preceding fiscal year,
the President shall submit to Congress a report on--
(1) the reasons for the determination that inclusion of a
lesser aggregate amount is in the national interest; and
(2) the anticipated effects of the inclusion of such lesser
aggregate amount on the access to and delivery of medical and
support services to members of the Armed Forces, veterans,
and their family members.
______

SA 2214. Mr. LOTT 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 I, add the following:

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

(a) Findings.--Congress makes the following findings:
(1) Use of the Associate Intermodal Platform (AIP) pallet
system, developed two years ago by the United States
Transportation Command, could save the United States as much
as $1,300,000 for every 1,000 pallets deployed.
(2) The benefits of the usage of the Associate Intermodal
Platform pallet system include the following:
(A) The Associate Intermodal Platform pallet system can be
used to transport cargo alone within current International
Standard of Organization containers and thereby provide
further savings in costs of transportation of cargo.
(B) The Associate Intermodal Platform pallet system has
successfully passed rigorous testing by the United States
Transportation Command at various military installations in
the United States, at a Navy testing lab, and in the field in
Iraq, Kuwait, and Antarctica.
(C) By all accounts the Associate Intermodal Platform
pallet system has performed well beyond expectations and is
ready for immediate production and deployment.
(b) Sense of Congress.--It is the sense of Congress that
the Department of Defense should--
(1) rapidly field innovative logistic systems such as the
Associated Intermodal Platform pallet system; and
(2) seek in the budget of the President for fiscal year
2009 funds to fully procure innovative logistic systems such
as the Associate Intermodal Platform pallet system.
______

SA 2215. Mr. LOTT (for himself and Mr. Lieberman) 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 II, add the following:

SEC. 214. 10,000-POUND BALLISTIC AERIAL DELIVERY AND SOFT-
LANDING SYSTEM.

(a) Additional Amount for Research, Development, Test and
Evaluation, Army.--The amount authorized to be appropriated
by section 201(1) for research, development, test, and
evaluation for the Army is hereby increased by $3,000,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for Army, as increased by subsection (a)
$3,000,000 may be available for Advanced Warfighter
Technologies (PE #0603001A) for the 10,000-pound Ballistic
Aerial Delivery and Soft-Landing System.
(c) Offset.--The amount authorized to be appropriated by
section 201(3) for research, development, test, and
evaluation for the Air Force is hereby reduced by $3,000,000,
with the amount of the reduction to be allocated to amounts
available for Aerospace Technology Development and
Demonstration (PE #0603211F) for 15 Flight Vehicle Test
Integration.
______

SA 2216. Mr. COLEMAN (for himself 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 year, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 536. SATISFACTION OF PROFESSIONAL LICENSURE AND
CERTIFICATION REQUIREMENTS BY MEMBERS OF THE
NATIONAL GUARD AND RESERVE ON ACTIVE DUTY.

(a) Additional Period Before Re-Training of Nurse Aides Is
Required Under the Medicare and Medicaid Programs.--For
purposes of subparagraph (D) of sections 1819(b)(5) and
1919(b)(5) of the Social Security Act (42 U.S.C. 1395i-
3(b)(5), 1396r(b)(5)), if, since an individual's most recent
completion of a training and competency evaluation program
described in subparagraph (A) of such

[[Page S9268]]

sections, the individual was ordered to active duty in the
Armed Forces for a period of at least 12 months, and the
individual completes such active duty service during the
period beginning on July 1, 2007, and ending on September 30,
2008, the 24-consecutive-month period described subparagraph
(D) of such sections with respect to the individual shall
begin on the date on which the individual completes such
active duty service. The preceding sentence shall not apply
to an individual who had already reached such 24-consecutive-
month period on the date on which such individual was ordered
to such active duty service.
(b) Report on Relief From Requirements for National Guard
and Reserve on Long-Term Active Duty.--Not later than 120
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report
setting forth recommendations for such legislative action as
the Secretary considers appropriate (including amendments to
the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et
seq.)) to provide for the exemption or tolling of
professional or other licensure or certification requirements
for the conduct or practice of a profession, trade, or
occupation with respect to members of the National Guard and
Reserve who are on active duty in the Armed Forces for an
extended period of time.
______

SA 2217. Mr. CHAMBLISS 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 IX, add the following:

SEC. 937. PHYSICIANS AND HEALTH CARE PROFESSIONALS
COMPARABILITY ALLOWANCES.

(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1599. Physicians and health care professionals
comparability allowances

``(a) Authority to Provide Allowances.--(1) Notwithstanding
any other provision of law, and in order to recruit and
retain highly qualified Department of Defense physicians and
Department of Defense health care professionals, the
Secretary of Defense may, subject to the provisions of this
section and such regulations as the President or his designee
may prescribe, enter into a service agreement with a
Department of Defense physician or a Department of Defense
health care professional which provides for such physician or
health care professional to complete a specified period of
service in the Department of Defense in return for an
allowance for the duration of such agreement in an amount to
be determined by the Secretary and specified in the
agreement, but not to exceed--
``(A) in the case of a Department of Defense physician--
``(i) $25,000 per annum if, at the time the agreement is
entered into, the Department of Defense physician has served
as a Department of Defense physician for 24 months or less;
or
``(ii) $40,000 per annum if the Department of Defense
physician has served as a Department of Defense physician for
more than 24 months; and
``(B) in the case of a Department of Defense health care
professional--
``(i) an amount up to $5,000 per annum if, at the time the
agreement is entered into, the Department of Defense health
care professional has served as a Department of Defense
health care professional for less than 10 years;
``(ii) an amount up to $10,000 per annum if, at the time
the agreement is entered into, the Department of Defense
health care professional has served as a Department of
Defense health care professional for at least 10 years but
less than 18 years; or
``(iii) an amount up to $15,000 per annum if, at the time
the agreement is entered into, the Department of Defense
health care professional has served as a Department of
Defense health care professional for 18 years or more.
``(2)(A) For the purpose of determining length of service
as a Department of Defense physician, service as a physician
under section 4104 or 4114 of title 38 or active service as a
medical officer in the commissioned corps of the Public
Health Service under Title II of the Public Health Service
Act (42 U.S.C. 202 et seq.) shall be deemed service as a
Department of Defense physician.
``(B) For the purpose of determining length of service as a
Department of Defense health care professional, service as a
nonphysician health care provider, psychologist, or social
worker while serving as an officer described under section
302c(d)(1) of title 37 shall be deemed service as a
Department of Defense health care professional.
``(b) Certain Physicians and Professionals Ineligible.--An
allowance may not be paid under this section to any physician
or health care professional who--
``(1) is employed on less than a half-time or intermittent
basis;
``(2) occupies an internship or residency training
position; or
``(3) is fulfilling a scholarship obligation.
``(c) Covered Categories of Positions.--The Secretary of
Defense shall, under such regulations, criteria, and
conditions as the President or his designee may prescribe,
determine categories of positions applicable to physicians
and health care professionals within the Department of
Defense with respect to which there is a significant
recruitment and retention problem for purposes of this
section. Only physicians and health care professionals
serving in such positions shall be eligible for an allowance
under this section. The amounts of each such allowance shall
be determined by the Secretary, subject to such regulations,
criteria, and conditions as the President or his designee may
prescribe, and shall be the minimum amount necessary to deal
with the recruitment and retention problem for each such
category of physicians and health care professionals.
``(d) Period of Service.--Any agreement entered into by a
physician or health care professional under this section
shall be for a period of one year of service in the
Department of Defense unless the physician or health care
professional requests an agreement for a longer period of
service.
``(e) Repayment.--Unless otherwise provided for in the
agreement under subsection (f), an agreement under this
section shall provide that the physician or health care
professional, in the event that such physician or health care
professional voluntarily, or because of misconduct, fails to
complete at least one year of service under such agreement,
shall be required to refund the total amount received under
this section, unless the Secretary of Defense, under such
regulations as may be prescribed under this section by the
President or his designee, determines that such failure is
necessitated by circumstances beyond the control of the
physician or health care professional.
``(f) Termination of Agreement.--Any agreement under this
section shall specify, subject to such regulations as the
President or his designee may prescribe, the terms under
which the Secretary of Defense and the physician or health
care professional may elect to terminate such agreement, and
the amounts, if any, required to be refunded by the physician
or health care professional for each reason for termination.
``(g) Construction With Other Authorities.--(1) An
allowance paid under this section shall not be considered as
basic pay for the purposes of subchapter VI and section 5595
of chapter 55 of title 5, chapter 81 or 87 of title 5, or
other benefits related to basic pay.
``(2) Any allowance under this section for a Department of
Defense physician or Department of Defense health care
professional shall be paid in the same manner and at the same
time as the basic pay of the physician or health care
professional is paid.
``(h) Annual Report.--Not later than June 30 each year, the
Secretary of Defense shall submit to Congress a written
report on the operation of this section during the preceding
year. Each report shall include, with respect to the year
covered by such report, information as to--
``(1) the nature and extent of the recruitment or retention
problems justifying the use by the Department of Defense of
the authority under this section;
``(2) the number of physicians and health care
professionals with whom agreements were entered into by the
Department of Defense;
``(3) the size of the allowances and the duration of the
agreements entered into; and
``(4) the degree to which the recruitment or retention
problems referred to in paragraph (1) were alleviated under
this section.
``(i) Definitions.--In this section:
``(1) The term `Department of Defense health care
professional' means any individual employed by the Department
of Defense who is a qualified health care professional
employed as a health care professional and paid under any
provision of law specified in subparagraphs (A) through (F)
of paragraph (2).
``(2) The term `Department of Defense physician' means any
individual employed by the Department of Defense as a
physician or dentist who is paid under a provision or
provisions of law as follows:
``(A) Section 5332 of title 5, relating to the General
Schedule.
``(B) Subchapter VIII of chapter 53 of title 5, relating to
the Senior Executive Service.
``(C) Section 5371 of title 5, relating to certain health
care positions.
``(D) Section 5376, of title 5, relating to certain senior-
level positions.
``(E) Section 5377 of title 5, relating to critical
positions.
``(F) Subchapter IX of chapter 53 of title 5, relating to
special occupational pay systems.
``(3) The term `qualified health care professional' means
any individual who is--
``(A) a psychologist who meets the Office of Personnel
Management Qualification Standards for the Occupational
Series of Psychologist as required by the position to be
filled;
``(B) a nurse who meets the applicable Office of Personnel
Management Qualification Standards for the Occupational
Series of Nurse as required by the position to be filled;
``(C) a nurse anesthetist who meets the applicable Office
of Personnel Management Qualification Standards for the
Occupational Series of Nurse as required by the position to
be filled;
``(D) a physician assistant who meets the applicable Office
of Personnel Management Qualification Standards for the
Occupational Series of Physician Assistant as required by the
position to be filled; or

[[Page S9269]]

``(E) a social worker who meets the applicable Office of
Personnel Management Qualification Standards for the
Occupational Series of Social Worker as required by the
position to be filled.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by adding at
the end the following new item:

``1599e. Physicians and health care professionals comparability
allowances.''.
______

SA 2218. Mr. CHAMBLISS 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 844, insert the following:
(h) Study and Plan.--
(1) In general.--No amounts in the Fund may be used until
the Secretary of Defense develops a plan for establishing the
appropriate size of the acquisition workforce of the
Department to accomplish inherently governmental functions.
(2) Content.--The plan developed under paragraph (1)
shall--
(A) identify the positions and skills, due to their
inherently governmental nature, that should be supplied by
Department of Defense personnel versus contractor personnel;
(B) identify the gaps in skills that exist within the
current acquisition workforce of the Department;
(C) create a plan for closing such skill gaps;
(D) create a plan for obtaining a proper match between the
level of acquisition expertise within each acquisition
program office and the level of risk associated with the
acquisition program that the program office is expected to
manage; and
(E) identify the additional personnel or hiring authorities
that may be required on an interim basis, until such time as
the Department of Defense has sufficient government personnel
to fill the positions designated as inherently governmental.
(3) Report.--Not later than October 1, 2008, the Secretary
of Defense shall submit to the congressional defense
committees a report on the plan developed under paragraph
(1).
______

SA 2219. Mr. CHAMBLISS 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 872 and insert the following:

SEC. 872. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN IRAQ, AFGHANISTAN, AND OTHER
DESIGNATED AREAS WITHIN THE CENTCOM AREA OF
RESPONSIBILITY.

(a) In General.--In the case of a product or service to be
acquired in support of military operations or stability
operations in Iraq, Afghanistan, or other designated
contingency area within the area of responsibility of the
Central Command (CENTCOM AOR), including security,
transition, reconstruction, and humanitarian relief
activities, for which the Secretary of Defense makes a
determination described in subsection (b), the Secretary may
conduct a procurement in which--
(1) competition is limited to products or services that are
from Iraq, Afghanistan, or other designated contingency area
within the CENTCOM AOR;
(2) procedures other than competitive procedures are used
to award a contract to a particular source or sources from
Iraq, Afghanistan, or other designated contingency area
within the CENTCOM AOR; or
(3) a preference is provided for products or services that
are from Iraq, Afghanistan, or other designated contingency
area within the CENTCOM AOR.
(b) Determination.--A determination described in this
subsection is a determination by the Secretary that--
(1) the product or service concerned is to be used only by
the military forces, police, or other security personnel of
Iraq, Afghanistan, or other designated contingency area
within the CENTCOM AOR; or
(2) it is in the national security interest of the United
States to limit competition, use procedures other than
competitive procedures, or provide a preference as described
in subsection (a) because--
(A) such limitation, procedure, or preference is necessary
to provide a stable source of jobs in Iraq, Afghanistan, or
other designated contingency area within the CENTCOM AOR; and
(B) such limitation, procedure, or preference will not
adversely affect--
(i) military operations or stability operations in Iraq,
Afghanistan, or other designated contingency area within the
CENTCOM AOR; or
(ii) the United States industrial base.
(c) Products, Services, and Sources From Iraq, Afghanistan,
or Other Designated Contingency Area Within the CENTCOM
AOR.--For the purposes of this section:
(1) A product is from Iraq, Afghanistan, or other
designated contingency area within the CENTCOM AOR if it is
mined, produced, or manufactured in Iraq, Afghanistan, or
other designated contingency area within the CENTCOM AOR.
(2) A service is from Iraq, Afghanistan, or other
designated contingency area within the CENTCOM AOR if it is
performed in Iraq, Afghanistan, or other designated
contingency area within the CENTCOM AOR by citizens or
permanent resident aliens of Iraq, Afghanistan, or other
designated contingency area within the CENTCOM AOR.
(3) A source is from Iraq, Afghanistan, or other designated
contingency area within the CENTCOM AOR if it--
(A) is located in Iraq, Afghanistan, or other designated
contingency area within the CENTCOM AOR; and
(B) offers products or services that are from Iraq,
Afghanistan, or other designated contingency area within the
CENTCOM AOR.
______

SA 2220. Mr. SESSIONS (for himself, Mr. Chambliss, and Mrs. Clinton)
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. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR
CERTAIN SELECTED RESERVE MEMBERS.

(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 408 the following new
section:

``Sec. 408a. Travel and transportation allowances: inactive
duty training

``(a) Allowance Authorized.--Under regulations prescribed
by the Secretary of Defense, the Secretary concerned may
reimburse a member of the Selected Reserve of the Ready
Reserve described in subsection (b) for travel expenses for
travel to an inactive duty training location to perform
inactive duty training.
``(b) Eligible Members.--A member of the Selected Reserve
of the Ready Reserve described in this subsection is a member
who--
``(1) is--
``(A) qualified in a skill designated as critically short
by the Secretary concerned;
``(B) assigned to a unit of the Selected Reserve with a
critical manpower shortage, or is in a pay grade in the
member's reserve component with a critical manpower shortage;
or
``(C) assigned to a unit or position that is disestablished
or relocated as a result of defense base closure or
realignment or another force structure reallocation; and
``(2) commutes a distance from the member's permanent
residence to the member's inactive duty training location
that is outside the normal commuting distance (as determined
under regulations prescribed by the Secretary of Defense) for
that commute.
``(c) Maximum Amount.--The maximum amount of reimbursement
provided a member under subsection (a) for each round trip to
a training location shall be $300.
``(d) Termination.--No reimbursement may be provided under
this section for travel that occurs after December 31,
2010.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 408 the following new
item:

``408a. Travel and transportation allowances: inactive duty
training.''.

(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2007. No reimbursement may be
provided under section 408a of title 37, United States Code
(as added by subsection (a)), for travel costs incurred
before October 1, 2007.
______

SA 2221. 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 title X, add the following:

SEC. 10__. COMMERCIALIZATION PILOT PROGRAM.

Section 9(y) of the Small Business Act (15 U.S.C. 638(y))
is amended--
(1) in paragraph (1), by adding at the end the following:
``The authority to create and administer a Commercialization
Pilot Program under this subsection may not be construed to
eliminate or replace any other

[[Page S9270]]

SBIR program that enhances the insertion or transition of
SBIR technologies, including any such program in effect on
the date of enactment of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3136).'';
(2) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (4) the following:
``(5) Insertion incentives.--For any contract with a value
of not less than $100,000,000, the Secretary of Defense and
each Secretary of a military department is authorized to--
``(A) establish goals for transitioning Phase III
technologies in subcontracting plans;
``(B) change the profit guidelines to increase the
incentive for a prime contractor on such a contract to insert
SBIR and STTR technology into programs of record or fielded
systems; and
``(C) require a prime contractor on such a contract to
report the number and dollar amount of contracts entered into
by that prime contractor for Phase III SBIR projects.
``(6) Goal for sbir technology insertion.--The Secretary of
Defense and each Secretary of a military department shall--
``(A) set a goal to increase the number of Phase II
contracts awarded by that Secretary that lead to technology
transition into programs of record or fielded systems;
``(B) use incentives in effect on the date of enactment of
the National Defense Authorization Act for Fiscal Year 2008,
or create new incentives, to encourage prime contractors to
meet the goal under subparagraph (A); and
``(C) submit to the Committee on Armed Services and the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Armed Services and the Committee
on Small Business of the House of Representatives an annual
report regarding the percentage of contracts described in
subparagraph (A) awarded by that Secretary.''; and
(4) in paragraph (8), as so redesignated, by striking
``fiscal year 2009'' and inserting ``fiscal year 2012''.
______

SA 2222. 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. 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.
(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. 3132. 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. 3133. 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. 3134. 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 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 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

[[Page S9271]]

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. 3135. ANNUAL REPORT.

(a) In General.--Not later than September 1 of each year,
the President, in consultation with relevant Federal
departments and agencies, 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
3134(b) and related policies.
(c) Form.--The report may be submitted in classified form
but shall include a detailed unclassified summary.
______

SA 2223. 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; which was ordered to lie on the table; as follows:

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

SEC. 236. POLICY ON PROGRAMS IN SPACE TO DEFEND UNITED STATES
ASSETS.

(a) Findings.--Congress makes the following findings:
(1) United States space-based satellites provide automated
reconnaissance and mapping, aid weather prediction, track
fleet and troop movements, give accurate positions of United
States and enemy forces, and guide missiles and pilotless
planes to their targets during military operations.
(2) United States access to space is dependent upon our
ability to defend our space assets.
(3) China has an aggressive mission to gain space power,
and on January 17, 2007, China successfully conducted an
anti-satellite (ASAT) weapons test that successfully
destroyed an inactive Chinese weather satellite.
(4) Space-based weapons in the hands of hostile states
constitute an asymmetric capability designed to undermine
United States strengths.
(5) Space-based assets have the potential to prevent
interference with United States satellites.
(b) Policy.--It is the policy of the United States to
protect its military and civilian satellites and to research
all potential means of doing so.
______

SA 2224. 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; which was ordered to lie on the table; as follows:

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

SEC. 325. OPERATION JUMP START.

(a) Additional Amount for Operation and Maintenance,
Defense-Wide Activities.--The amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities is hereby increased by
$400,000,000.
(b) Availability of Amount.--
(1) In general.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities, as increased by subsection (a),
$400,000,000 may be available for Operation Jump Start in
order to maintain a significant durational force of the
National Guard on the southern land border of the United
States to assist the United States Border Patrol in gaining
operational control of that border.
(2) Supplement not supplant.--The amount available under
paragraph (1) for the purpose specified in that paragraph is
in addition to any other amounts available in this Act for
that purpose.
______

SA 2225. 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; which was ordered to lie on the table; as follows:

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

SEC. 236. BALLISTIC MISSILE DEFENSE SPACE TESTBED.

Of the amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation,
Defense-wide activities--
(1) the amount available for the Ballistic Missile Defense
Space Testbed (PE#0603895C) is hereby increased by
$10,000,000; and
(2) the amount available for Ballistic Missile Defense
Technology (PE#0603175C) is hereby decreased by $10,000,000.
______

SA 2226. 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; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. STATE SPONSORS OF TERRORISM.

(a) Definition.--In this section, the term ``state sponsor
of terrorism'' means any country, the government of which has
been determined by the Secretary of State to have repeatedly
provided support for acts of international terrorism pursuant
to--
(1) section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor
thereto);
(2) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(3) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a)).
(b) Securities and Exchange Commission Disclosure of
Business Ties to State Sponsors of Terror.--
(1) Requirement for a securities and exchange commission
report.--Not later than 90 days after the date of enactment
of this Act and annually thereafter, the Securities and
Exchange Commission (in this section referred to as the
``Commission'') shall prepare and submit to Congress a report
on business activities carried out with state sponsors of
terrorism.
(2) Content.--The report required by paragraph (1) shall
include--
(A) a list of all persons required to make periodic or
other filings pursuant to section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))
that disclose in filings with the Commission business
activity in or with a country that is a state sponsor of
terrorism, or an instrumentality of such a country;
(B) a description of such business activities carried out
by each person referred to in subparagraph (A);

[[Page S9272]]

(C) the value of such activities carried out by each person
referred to in subparagraph (A); and
(D) a description of the disclosure standard in effect at
the time at which the content of the report was collected, if
it has changed from the time of the first or most recent
report submitted pursuant to paragraph (1), and the criteria
for persons to register under section 12(g) of the Securities
Exchange Act of 1934 (15 U.S.C. 78l(g)).
(3) Publication of report.--The Commission shall make the
report required by this subsection available on its website
in an easily accessible and searchable format.
(4) Strengthening securities and exchange commission
disclosure requirement.--Not later than 180 days after the
date of enactment of this Act, the Commission shall issue
regulations to require disclosure by all persons required to
make periodic or other filings pursuant to section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) of business activity in an amount equal to
more than $1,000,000, either directly or through an
affiliate, in or with a country that is a state sponsor of
terrorism, or an instrumentality of such country.
(c) Report on Business Ties to State Sponsors of
Terrorism.--
(1) Requirement for report.--Not later than 270 days after
the date of enactment of this Act, and annually thereafter,
the Director of National Intelligence shall submit to
Congress a classified report on business activities carried
out with state sponsors of terrorism.
(2) Data.--The Director of National Intelligence shall use
all data available from elements of the intelligence
community (as that term is defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), the
Secretary of Commerce, the Secretary of Defense, the
Secretary of Energy, the Secretary of State, the Secretary of
the Treasury, the Chairman of the Securities and Exchange
Commission, and other appropriate governmental and
nongovernmental entities to prepare the report required by
paragraph (1).
(3) Content.--The report required by paragraph (1) shall
include--
(A) a list of persons, including foreign persons, that
carry out business activities in or with a country that is a
state sponsor of terrorism, or an instrumentality of such a
country;
(B) a description of such business activities carried out
by each such person;
(C) the value of such activities carried out by each such
person;
(D) an assessment of likely omissions and incompleteness in
the report required by paragraph (1);
(E) if necessary, differentiation by the degree of
reliability of the data used to prepare the such report;
(F) a description of available options to increase the
completeness and reliability of such data;
(G) an assessment of the economic condition of each state
sponsor of terrorism; and
(H) an assessment of the effects of implementing various
divestiture and sanctions options against each state sponsor
of terrorism.
(d) Government Accountability Office Reports.--
(1) Evaluation of director of national intelligence and
securities and exchange commission reports.--Not later than
90 days after the date of delivery of the report of the
Director of National Intelligence under subsection (c), and
annually thereafter, the Comptroller General of the United
States shall prepare and submit to Congress a report that
compares the report of the Commission submitted under
subsection (b) and the report of the Director submitted under
subsection (c), to include--
(A) a comparison of included persons and business
activities;
(B) measures that evaluate the completeness of each report;
(C) measures that evaluate the reliability of each report;
and
(D) an assessment of options to increase the completeness
and reliability of such data.
(2) Investment report.--Not later than 90 days after the
date of delivery of the report of the Director of National
Intelligence under subsection (c), and annually thereafter,
the Comptroller General of the United States shall prepare
and submit to Congress, a report--
(A) that, in an unclassified section, contains the names of
persons described in subsection (b)(2)(A) that are included
in each of the major investable financial market indices and
the holdings of the Federal Thrift Savings Plan of the
Federal Retirement Thrift Investment Board (in this paragraph
referred to as the ``TSP''), including--
(i) the percentage of each such index and TSP holdings
comprised of such persons; and
(ii) the dollar capitalization of each such person;
(B) that, in a classified section, contains the names of
persons described in subsection (c)(3)(A) that are included
in each of the major investable financial market indices and
the holdings of the TSP, including--
(i) the percentage of each such index and TSP holdings
comprised of such persons; and
(ii) the dollar capitalization of each such person; and
(C) the unclassified section of which is made available on
the website of the Government Accountability Office in an
easily accessible and searchable format.
(3) Government contracting report.--Not later than 90 days
after the date of delivery of the report of the Director of
National Intelligence under subsection (c), and annually
thereafter, the Comptroller General of the United States
shall prepare and submit to Congress a report--
(A) that, in an unclassified section, contains the names of
the persons described in subsection (b)(2)(A), the nature of
the activity, and the value of United States Government
active contracting for the procurement of goods or services
with any such person;
(B) that, in a classified section, contains the names of
the persons described in subsection (c)(3)(A), the nature of
the activity, and the value of United States Government
active contracting for the procurement of goods or services
with any such person; and
(C) the unclassified section of which is made available on
the website of the Government Accountability Office in an
easily accessible and searchable format.
(e) Authorization for Certain State and Local Divestment
Measures.--
(1) In general.--Notwithstanding any other provision of
law, any State, locality, or United States college or
university may adopt measures to prohibit any investment of
State, local, college, or university assets in the Government
of a state sponsor of terror, or in any person with a
qualifying business relationship with a state sponsor of
terrorism.
(2) Applicability.--Paragraph (1) shall apply to measures
adopted before, on, or after the date of enactment of this
Act.
(f) Investment Company Act of 1940.--Section 13 of the
Investment Company Act of 1940 (15 U.S.C. 80a-13) is amended
by adding at the end the following:
``(c) Safe Harbor for Changes in Investment Policies.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, no person may bring any civil,
criminal, or administrative action against any registered
investment company or person providing services to such
registered investment company (including its investment
adviser), or any employee, officer, or director thereof,
based solely upon the investment company divesting from, or
avoiding investing in, securities issued by persons that are
included on the most recent list published under section
3(a)(1) of the Iran Sanctions Enabling Act, as modified under
section 3(b) of that Act.
``(2) Definition.--For purposes of this subsection, the
term `person' includes the Federal Government and any State
or political subdivision of a State.''.
(g) Increased Penalties Under the International Emergency
Economic Powers Act.--
(1) In general.--Section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) is amended to read as
follows:

``SEC. 206. PENALTIES.

``(a) Unlawful Acts.--It shall be unlawful for a person to
violate, attempt to violate, conspire to violate, or cause a
violation of any license, order, regulation, or prohibition
issued under this title.
``(b) Civil Penalty.--A civil penalty may be imposed on any
person who commits an unlawful act described in subsection
(a) in an amount not to exceed the greater of--
``(1) $250,000; or
``(2) an amount that is twice the amount of the transaction
that is the basis of the violation with respect to which the
penalty is imposed.
``(c) Criminal Penalty.--A person who willfully commits,
willfully attempts to commit, or willfully conspires to
commit, or aids or abets in the commission of, an unlawful
act described in subsection (a) shall, upon conviction, be
fined not more than $1,000,000, or if a natural person, may
be imprisoned for not more than 20 years, or both.''.
(2) Effective date.--The amendment made by this subsection
applies to violations described in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
with respect to which enforcement action is pending or
commenced on or after the date of enactment of this Act.
______

SA 2227. 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; which was ordered to lie on the table; as follows:

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

SEC. 1205. LIMITATION ON AVAILABILITY OF FOREIGN MILITARY
FINANCING PROGRAM ASSISTANCE FOR EGYPT.

Of the amount appropriated or otherwise made available by
any Act making appropriations for the Department of State,
foreign operations, and related programs for fiscal year 2008
for the Foreign Military Financing Program and available for
assistance for Egypt, $200,000,000 may not be made available
to be obligated or expended until the Secretary of State
certifies that the Government of Egypt has taken concrete and
measurable steps--
(1) to enact and implement a new judicial authority law
that protects the independence of the judiciary;

[[Page S9273]]

(2) to review criminal procedures and train police
leadership in modern policing to curb police abuses; and
(3) to detect and destroy the smuggling network and
smuggling tunnels that lead from Egypt to Gaza.
______

SA 2228. Mr. BROWNBACK 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:

In section 1203, strike subsection (a) and insert the
following:
(a) Authority for Fiscal Year 2008.--
(1) In general.--During fiscal year 2008, from funds made
available to the Department of Defense for operation and
maintenance for such fiscal year, not to exceed $977,441,000
may be used by the Secretary of Defense in such fiscal year
to provide funds--
(A) for the Commanders' Emergency Response Program in Iraq
for the purpose of enabling United States military commanders
in Iraq to respond to urgent humanitarian relief and
reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi people; and
(B) for a similar program to assist the people of
Afghanistan.
(2) Voluntary relocation in iraq.--The response to urgent
humanitarian relief and reconstruction requirements referred
to in paragraph (1)(A) shall include using direct payments,
job creation, and housing assistance to facilitate the
relocation of Iraqi individuals and families, if, in the
judgment of United States military commanders in Iraq--
(A) such individuals and families are affiliated with a
sect that comprises no more than half of the population of
the neighborhood or community in which they reside;
(B) such individuals and families are likely targets of
violence because of their sectarian affiliation;
(C) such individuals and families desire to relocate to a
neighborhood or community where their sect comprises a
substantial majority of the population; and
(D) the security of a particular neighborhood or community
can be improved with the relocation of sectarian minorities.
______

SA 2229. Mr. BROWNBACK 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. COUNTERTERRORISM ASSISTANCE TO SECURITY FORCES IN
THE KURDISTAN REGION.

(a) Findings.--Congress makes the following findings:
(1) Turkey, a key ally of the United States and an
important fellow member of NATO, faces a terrorist threat
from the Kurdistan Workers Party, or PKK, an organization
included on the Department of State's list of foreign
terrorist organizations.
(2) Some PKK members now reside in, plan, or launch
terrorist operations from northern Iraq.
(3) Iraq, a sovereign nation, is obliged under
international law to protect neighboring countries from
threats emanating from within its own borders.
(4) The Kurdistan Regional Government, which oversees a
three-province, constitutionally-recognized region of Iraq
that is largely stable and peaceful, requires additional
capacity to eliminate terrorist-related activities, including
those of the PKK, that exist within its boundaries.
(5) The Georgia Train and Equip Program, started in 2002--
(A) enhanced the counterterrorism, border security, and
intelligence capabilities of the Government of Georgia;
(B) successfully mitigated the growing threat of
international terrorism within the borders of Georgia; and
(C) contributed to greater regional stability and made a
positive contribution to relations between the Governments of
Georgia and Russia.
(b) Sense of Congress.--It is the sense of Congress that--
(1) peace and stability along the border between Turkey and
Iraq is essential for the long-term security of Iraq; and
(2) the Georgia Train and Equip Program provides a model
for security assistance necessary to counter terrorist
threats in northern Iraq.
(c) Assistance Program.--The Commander, Multi-National
Security Transition Command-Iraq, shall develop and implement
a program, modeled after the Georgia Train and Equip Program,
to assist the Government of Iraq and the Kurdistan Regional
Government in securing Iraq's border with Turkey and
eliminating terrorist safe havens, including by providing
assistance--
(1) to secure Iraq's border with Turkey;
(2) to eliminate PKK safe havens in the Kurdistan Region;
and
(3) to enhance the intelligence gathering and border
security capabilities of the Government of Iraq.
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commander, Multi-National Security
Transition Command-Iraq, shall report to Congress on the
progress in developing and implementing the program required
under subsection (c).
______

SA 2230. Mr. WARNER (for himself and Mr. Webb) submitted an amendment
intended to be proposed to amendment SA 2045 submitted by Mr. Warner
(for himself and Mr. Webb) 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:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF
THAILAND.

(a) Findings.--Congress makes the following findings:
(1) Thailand is an important strategic ally and economic
partner of the United States.
(2) The United States strongly supports the prompt
restoration of democratic rule in Thailand.
(3) While it is in the interest of the United States to
have a robust defense relationship with Thailand, it is
appropriate that the United States has curtailed certain
military-to-military cooperation and assistance programs
until democratic rule has been restored in Thailand.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Thailand should continue on the path to restore
democratic rule as quickly as possible, and should hold free
and fair national elections as soon as possible and no later
than December 2007; and
(2) once Thailand has fully reestablished democratic rule,
it will be both possible and desirable for the United States
to reinstate a full program of military assistance to the
Government of Thailand, including programs such as
International Military Education and Training (IMET) and
Foreign Military Financing (FMF) that were appropriately
suspended following the military coup in Thailand in
September 2006.
(c) Limitation.--No funds authorized to be appropriated by
this Act may be obligated or expended to provide direct
assistance to the Government of Thailand to initiate new
military assistance activities until 15 days after the
Secretary of Defense notifies the Committees on Armed
Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs of the House
of Representatives of the intent of the Secretary to carry
out such new types of military assistance activities with
Thailand.
(d) Exception.--The limitation in subsection (c) shall not
apply with respect to funds as follows:
(1) Amounts authorized to be appropriated for Overseas
Humanitarian, Disaster, and Civic Aid.
(2) Amounts otherwise authorized to be appropriated by this
Act and available for humanitarian or emergency assistance
for other nations.
(e) New Military Assistance Activities Defined.--In this
section, the term ``new military assistance activities''
means military assistance activities that have not been
undertaken between the United States and Thailand during
fiscal year 2007.
______

SA 2231. Mr. VITTER 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. ACCESS TO STUDENT RECRUITING INFORMATION.

Section 503(c) of title 10, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1)(A) Each local educational agency receiving assistance
under the Elementary and Secondary Education Act of 1965--
``(i) shall provide to military recruiters the same access
to secondary school students as is provided generally to
postsecondary educational institutions or to prospective
employers of those students; and
``(ii) shall provide, upon a request made by a military
recruiter for military recruiting purposes, access to the
name, address, and telephone listing of each secondary school
student served by the local educational agency,
notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act (20 U.S.C. 1232g(a)(5)(B)), unless the parent
of

[[Page S9274]]

such student has submitted the prior consent request under
subparagraph (B).
``(B)(i) The parent of a secondary school student may
submit a written request, to the local educational agency,
that the student's name, address, and telephone listing not
be released for purposes of subparagraph (A) without prior
written parental consent. Upon receiving a request, the local
educational agency may not release the student's name,
address, and telephone listing for such purposes without the
prior written consent of the parent.
``(ii) Each local educational agency shall notify parents
of the option to make a request described in clause (i).
``(C) Nothing in this paragraph shall be construed to allow
a local educational agency to withhold access to a student's
name, address, and telephone listing from a military
recruiter or institution of higher education by implementing
an opt-in process or any other process other than the written
consent request process under subparagraph (B)(i).
``(D) Parental Consent.--For purposes of this paragraph,
whenever a student has attained eighteen years of age, the
permission or consent required of and the rights accorded to
the parents of the student shall only be required of and
accorded to the student.'';
(2) by striking paragraphs (2), (3), and (4) and inserting
the following:
``(2)(A) If a local educational agency denies recruiting
access to a military recruiter under this section, the
Secretary shall notify--
``(i) the Governor of the State in which the local
educational agency is located; and
``(ii) the Secretary of Education.
``(B) Upon receiving a notification under subparagraph (A),
the Secretary of Education--
``(i) shall, consistent with the provisions of part D of
title IV of the General Education Provisions Act (20 U.S.C.
1234c), determine whether the local educational agency is
failing to comply substantially with the requirements of this
subsection; and
``(ii) upon determining that the local educational agency
has failed to comply substantially with such requirements,
may impose a penalty or enforce a remedy available for a
violation of section 9528(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7908(a)) in the same manner
as such penalty or remedy would apply to a local educational
agency that violated such section.''; and
(3) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively.
______

SA 2232. Mrs. HUTCHISON 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:

SEC. 1070. REPORT ON FEASIBILITY OF HOUSING A DOMESTIC
MILITARY AVIATION NATIONAL TRAINING CENTER AT
ELLINGTON FIELD, TEXAS.

(a) In General.--Not later than March 31, 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report on the feasibility of utilizing
existing infrastructure or installing new infrastructure at
Ellington Field, Texas, to house a Domestic Military Aviation
National Training Center (DMA-NTC) for current and future
operational reconnaissance and surveillance missions of the
National Guard that support local, State, and Federal law
enforcement agencies.
(b) Content.--The report required under subsection (a)
shall--
(1) examine the current and past requirements of RC-26
aircraft in support of local, State, and Federal law
enforcement and determine the number of aircraft required to
provide such support for each State that borders Canada,
Mexico, or the Gulf of Mexico;
(2) determine the number of military and civilian personnel
required to run a RC-26 domestic training center meeting the
requirements identified under paragraph (1); and
(3) determine the cost of locating such a training center
at Ellington Field, Texas, for the purpose of preempting and
responding to security threats and responding to crises.
(c) Consultation.--In preparing the report required under
subsection (a), the Secretary of Defense shall consult with
the Adjutant General of each State that borders Canada,
Mexico, or the Gulf of Mexico.
______

SA 2233. Mrs. HUTCHISON 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:

SEC. 1070. REPORT ON FEASIBILITY OF HOUSING A NATIONAL
DISASTER RESPONSE CENTER AT KELLY AIR FIELD,
SAN ANTONIO, TEXAS.

(a) In General.--Not later than March 31, 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report on the feasibility of utilizing
existing infrastructure or installing new infrastructure at
Kelly Air Field, San Antonio, Texas, to house a National
Disaster Response Center for responding to man-made and
natural disasters in the United States .
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A determination of how the National Disaster Response
Center would organize and leverage capabilities of the
following currently co-located organizations, facilities, and
forces located in San Antonio, Texas:
(A) Lackland Air Force Base.
(B) Fort Sam Houston.
(C) Brooke Army Medical Center.
(D) Wilford Hall Medical Center.
(E) Audie Murphy Veterans Administration Medical Center.
(F) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
(G) 149 Fighter Wing and Texas Air National Guard F-16
fighter aircraft.
(H) Army Northern Command.
(I) The National Trauma Institute's three level 1 trauma
centers.
(J) Texas Medical Rangers.
(K) San Antonio Metro Health Department.
(L) The University of Texas Health Science Center at San
Antonio.
(M) The Air Intelligence Surveillance and Reconnaissance
Agency at Lackland Air Force Base.
(N) The United States Air Force Security Police Training
Department at Lackland Air Force Base.
(O) The large manpower pools and blood donor pools from the
more than 6,000 trainees at Lackland Air Force Base.
(2) Determine the number of military and civilian personnel
required to be mobilized to run the logistics, planning, and
maintenance of the National Disaster Response Center during a
time of disaster recovery.
(3) Determine the number of military and civilian personnel
required to run the logistics, planning, and maintenance of
the National Disaster Response Center during a time when no
disaster is occurring.
(4) Determine the cost of improving the current
infrastructure at Kelly Air Field to meet the needs of
displaced victims of a disaster equivalent to that of
Hurricanes Katrina and Rita or a natural or man-made disaster
of similar scope, including adequate beds, food stores, and
decontamination stations to triage radiation or other
chemical or biological agent contamination victims.
______

SA 2234. Mr. SALAZAR (for himself and Mr. Sessions) 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, 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 paragraphs
(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;
``(B) for which participation exceeds 100 amateur athletes;
and
``(C) in which at least 10 percent of the athletes
participating in the sporting event are members or former
members of the armed forces who are participating in the
sporting event based upon an injury or wound incurred in the
line of duty in the armed force and veterans who are
participating in the sporting event based upon a service-
connected disability.''; 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

[[Page S9275]]

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 2235. Mr. REID (for himself and Ms. Snowe) 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 appropriate place in title VI, insert the following:

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

(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10,
United States Code, is amended by inserting ``or a qualified
retiree receiving veterans' disability compensation for a
disability rated as total (within the meaning of subsection
(e)(3)(B))'' after ``rated as 100 percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on December 31, 2004.
______

SA 2236. Mr. REID (for himself and Ms. Snowe) 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 appropriate place in title VI, insert the following:

SEC. __. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR CERTAIN
MILITARY RETIREES WITH COMPENSABLE SERVICE-
CONNECTED DISABILITIES.

(a) Extension of Concurrent Receipt Authority to Retirees
With Service-Connected Disabilities Rated Less Than 50
Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code, is amended by striking
paragraph (2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 40 percent
or less or has a service-connected disability rated as zero
percent, $0.''.
(b) Repeal of Phase-In of Concurrent Receipt for Retirees
With Service-Connected Disabilities Rated as Total.--
Subsection (a)(1) of such section is amended by striking
``except that'' and all that follows and inserting ``except--
``(A) in the case of a qualified retiree receiving
veterans' disability compensation for a disability rated as
100 percent, payment of retired pay to such veteran is
subject to subsection (c) only during the period beginning on
January 1, 2004, and ending on December 31, 2004; and
``(B) in the case of a qualified retiree receiving
veterans' disability compensation for a disability rated as
total by reason of unemployability, payment of retired pay to
such veteran is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on December
31, 2007.''.
(c) Clerical Amendments.--
(1) The heading for section 1414 of such title is amended
to read as follows:

``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
payment of retired pay and disability compensation''.

(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation.''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 2008, and shall apply to
payments for months beginning on or after that date.

SEC. __. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.

(a) Eligibility for TERA Retirees.--Subsection (c) of
section 1413a of title 10, United States Code, is amended by
striking ``entitled to retired pay who--'' and inserting
``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20
years of service creditable under section 1405 of this title
and less than 20 years of service computed under section
12732 of this title; and
``(2) has a combat-related disability.''.
(b) Amendments To Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of such title is amended by striking
``rules'' and inserting ``rule''.
(2) Qualified retirees.--Subsection (a) of section 1414 of
such title, as amended by section 2(a), is amended--
(A) by striking ``a member or'' and all that follows
through ``retiree')'' and inserting ``a qualified retiree'';
and
(B) by adding at the end the following new paragraph:
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay, other than in the case of
a member retired under chapter 61 of this title with less
than 20 years of service creditable under section 1405 of
this title and less than 20 years of service computed under
section 12732 of this title; and
``(B) is also entitled for that month to veterans'
disability compensation.''.
(3) Disability retirees.--Subsection (b) of section 1414 of
such title is amended--
(A) by striking ``Special Rules'' in the subsection heading
and all that follows through ``is subject to'' and inserting
``Special Rule for Chapter 61 Disability Retirees.--In the
case of a qualified retiree who is retired under chapter 61
of this title, the retired pay of the member is subject to'';
and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2008, and shall apply to
payments for months beginning on or after that date.
______

SA 2237. Mr. DURBIN (for himself, Mr. Hagel, Mr. Lugar, Mr. Leahy,
Mr. Obama, Mr. Lieberman, Mrs. Feinstein, Mr. Kerry, Mr. Feingold, Mrs.
Clinton, Mr. Bayh, Mr. Menendez, Mrs. Murray, Mrs. Boxer, Ms. Cantwell,
Mr. Salazar, and 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, add the following:

TITLE XXXIII--DREAM ACT OF 2007

SEC. 3301. SHORT TITLE.

This title may be cited as the ``Development, Relief, and
Education for Alien Minors Act of 2007'' or the ``DREAM Act
of 2007''.

SEC. 3302. DEFINITIONS.

In this title:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title
10, United States Code.

SEC. 3303. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009-546).

SEC. 3304. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS
OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this title, the Secretary
of Homeland Security may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
subject to the conditional basis described in section 3305,
an alien who is inadmissible or deportable from the United
States, if the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this title,
and had not yet reached the age of 16 years at the time of
initial entry;
(B) the alien has been a person of good moral character
since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
or (10)(C) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); and

[[Page S9276]]

(ii) is not deportable under paragraph (1)(E), (2), or (4)
of section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1227(a));
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the United
States, or has earned a high school diploma or obtained a
general education development certificate in the United
States; and
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien--
(i) has remained in the United States under color of law
after such order was issued; or
(ii) received the order before attaining the age of 16
years.
(2) Waiver.--Notwithstanding paragraph (1), the Secretary
of Homeland Security may waive the ground of ineligibility
under section 212(a)(6)(E) of the Immigration and Nationality
Act and the ground of deportability under paragraph (1)(E) of
section 237(a) of that Act for humanitarian purposes or
family unity or when it is otherwise in the public interest.
(3) Procedures.--The Secretary of Homeland Security shall
provide a procedure by regulation allowing eligible
individuals to apply affirmatively for the relief available
under this subsection without being placed in removal
proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under this section shall
not terminate when the alien is served a notice to appear
under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to
exceptional circumstances. The exceptional circumstances
determined sufficient to justify an extension should be no
less compelling than serious illness of the alien, or death
or serious illness of a parent, grandparent, sibling, or
child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this title, the Secretary of
Homeland Security shall publish proposed regulations
implementing this section. Such regulations shall be
effective immediately on an interim basis, but are subject to
change and revision after public notice and opportunity for a
period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary of Homeland Security shall
publish final regulations implementing this section.
(f) Removal of Alien.--The Secretary of Homeland Security
may not remove any alien who has a pending application for
conditional status under this title.

SEC. 3305. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section
3306, an alien whose status has been adjusted under section
3304 to that of an alien lawfully admitted for permanent
residence shall be considered to have obtained such status on
a conditional basis subject to the provisions of this
section. Such conditional permanent resident status shall be
valid for a period of 6 years, subject to termination under
subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary of Homeland Security
shall provide for notice to the alien regarding the
provisions of this section and the requirements of subsection
(c) to have the conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary of Homeland Security to provide a notice under
this paragraph--
(i) shall not affect the enforcement of the provisions of
this title with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this title, if the
Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 3304(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this title.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary of Homeland Security, in accordance with paragraph
(3), a petition which requests the removal of such
conditional basis and which provides, under penalty of
perjury, the facts and information so that the Secretary may
make the determination described in paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary of Homeland
Security shall make a determination as to whether the alien
meets the requirements set out in subparagraphs (A) through
(E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.
(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary of Homeland Security in
accordance with this title. The alien shall be deemed in
conditional permanent resident status in the United States
during the period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary of Homeland Security to determine whether each of
the following requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 3304(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of each secondary school
(as that term is defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) that
the alien attended in the United States.
(2) Hardship exception.--
(A) In general.--The Secretary of Homeland Security may, in
the Secretary's discretion, remove the conditional status of
an alien if the alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
of Homeland Security may extend the period of conditional
resident status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must

[[Page S9277]]

be removed before the alien may apply for naturalization.

SEC. 3306. RETROACTIVE BENEFITS.

If, on the date of enactment of this title, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 3304(a)(1) and section 3305(d)(1)(D), the
Secretary of Homeland Security may adjust the status of the
alien to that of a conditional resident in accordance with
section 3304. The alien may petition for removal of such
condition at the end of the conditional residence period in
accordance with section 3305(c) if the alien has met the
requirements of subparagraphs (A), (B), and (C) of section
3305(d)(1) during the entire period of conditional residence.

SEC. 3307. EXCLUSIVE JURISDICTION.

(a) In General.--The Secretary of Homeland Security shall
have exclusive jurisdiction to determine eligibility for
relief under this title, except where the alien has been
placed into deportation, exclusion, or removal proceedings
either prior to or after filing an application for relief
under this title, in which case the Attorney General shall
have exclusive jurisdiction and shall assume all the powers
and duties of the Secretary until proceedings are terminated,
or if a final order of deportation, exclusion, or removal is
entered the Secretary shall resume all powers and duties
delegated to the Secretary under this title.
(b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary School.--The Attorney General shall stay the
removal proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 3304(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.) and State and local laws governing
minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).

SEC. 3308. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

Whoever files an application for relief under this title
and willfully and knowingly falsifies, misrepresents, or
conceals a material fact or makes any false or fraudulent
statement or representation, or makes or uses any false
writing or document knowing the same to contain any false or
fraudulent statement or entry, shall be fined in accordance
with title 18, United States Code, or imprisoned not more
than 5 years, or both.

SEC. 3309. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition.--Except as provided in subsection (b), no
officer or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this title to initiate removal
proceedings against any persons identified in the
application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this title can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications
filed under this title with a designated entity, that
designated entity, to examine applications filed under this
title.
(b) Required Disclosure.--The Attorney General or the
Secretary of Homeland Security shall provide the information
furnished under this section, and any other information
derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.

SEC. 3310. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION
ON FEES.

Regulations promulgated under this title shall provide that
applications under this title will be considered on an
expedited basis and without a requirement for the payment by
the applicant of any additional fee for such expedited
processing.

SEC. 3311. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who adjusts status to that
of a lawful permanent resident under this title shall be
eligible only for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.

SEC. 3312. GAO REPORT.

Not later than seven years after the date of enactment of
this title, the Comptroller General of the United States
shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 3304(a);
(2) the number of aliens who applied for adjustment of
status under section 3304(a);
(3) the number of aliens who were granted adjustment of
status under section 3304(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 3305.
______

SA 2238. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 2143 submitted by Mr.
Cornyn 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 1, between lines 1 and 2, insert the following:

DIVISION D--IMMIGRATION

TITLE XXXIII--IMMIGRATION FRAUD PREVENTION

SEC. 3301. SHORT TITLE.

This division may be cited as the ``H-1B and L-1 Visa Fraud
and Abuse Prevention Act of 2007''.

SEC. 3302. H-1B EMPLOYER REQUIREMENTS.

(a) Application of Nondisplacement and Good Faith
Recruitment Requirements to All H-1B Employers.--
(1) Amendments.--Section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E);

(I) in clause (i), by striking ``(E)(i) In the case of an
application described in clause (ii), the'' and inserting
``(E) The''; and
(II) by striking clause (ii);

(ii) in subparagraph (F), by striking ``In the case of''
and all that follows through ``where--'' and inserting the
following: ``The employer will not place the nonimmigrant
with another employer if--''; and
(iii) in subparagraph (G), by striking ``In the case of an
application described in subparagraph (E)(ii), subject'' and
inserting ``Subject'';
(B) in paragraph (2)--
(i) in subparagraph (E), by striking ``If an H-1B-dependent
employer'' and inserting ``If an employer that employs H-1B
nonimmigrants''; and
(ii) in subparagraph (F), by striking ``The preceding
sentence shall apply to an employer regardless of whether or
not the employer is an H-1B-dependent employer.''; and
(C) by striking paragraph (3).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(b) Nondisplacement Requirement.--
(1) Extending time period for nondisplacement.--Section
212(n) of such Act, as amended by subsection (a), is further
amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``90 days'' each place
it appears and inserting ``180 days'';
(ii) in subparagraph (F)(ii), by striking ``90 days'' each
place it appears and inserting ``180 days''; and
(B) in paragraph (2)(C)(iii), by striking ``90 days'' each
place it appears and inserting ``180 days''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall apply to applications filed on or after the date
of the enactment of this Act; and
(B) shall not apply to displacements for periods occurring
more than 90 days before such date.
(c) Public Listing of Available Positions.--
(1) Listing of available positions.--Section 212(n)(1)(C)
of such Act is amended--
(A) in clause (i), by striking ``(i) has provided'' and
inserting the following:
``(ii)(I) has provided'';
(B) by redesignating clause (ii) as subclause (II); and
(C) by inserting before clause (ii), as redesignated, the
following:
``(i) has advertised the job availability on the list
described in paragraph (6), for at least 30 calendar days;
and''.
(2) List maintained by the department of labor.--Section
212(n) of such Act, as amended by this section, is further
amended by adding at the end the following:
``(6)(A) Not later than 90 days after the date of the
enactment of this paragraph, the Secretary of Labor shall
establish a list of

[[Page S9278]]

available jobs, which shall be publicly accessible without
charge--
``(i) on a website maintained by the Department of Labor,
which website shall be searchable by--
``(I) the name, city, State, and zip code of the employer;
``(II) the date on which the job is expected to begin;
``(III) the title and description of the job; and
``(IV) the State and city (or county) at which the work
will be performed; and
``(ii) at each 1-stop center created under the Workforce
Investment Act of 1998 (Public Law 105-220).
``(B) Each available job advertised on the list shall
include--
``(i) the employer's full legal name;
``(ii) the address of the employer's principal place of
business;
``(iii) the employer's city, State and zip code;
``(iv) the employer's Federal Employer Identification
Number;
``(v) the phone number, including area code and extension,
as appropriate, of the hiring official or other designated
official of the employer;
``(vi) the e-mail address, if available, of the hiring
official or other designated official of the employer;
``(vii) the wage rate to be paid for the position and, if
the wage rate in the offer is expressed as a range, the
bottom of the wage range;
``(viii) whether the rate of pay is expressed on an annual,
monthly, biweekly, weekly, or hourly basis;
``(ix) a statement of the expected hours per week that the
job will require;
``(x) the date on which the job is expected to begin;
``(xi) the date on which the job is expected to end, if
applicable;
``(xii) the number of persons expected to be employed for
the job;
``(xiii) the job title;
``(xiv) the job description;
``(xv) the city and State of the physical location at which
the work will be performed; and
``(xvi) a description of a process by which a United States
worker may submit an application to be considered for the
job.
``(C) The Secretary of Labor may charge a nominal filing
fee to employers who advertise available jobs on the list
established under this paragraph to cover expenses for
establishing and administering the requirements under this
paragraph.
``(D) The Secretary may promulgate rules, after notice and
a period for comment--
``(i) to carry out the requirements of this paragraph; and
``(ii) that require employers to provide other information
in order to advertise available jobs on the list.''.
(3) Effective date.--Paragraph (1) shall take effect for
applications filed at least 30 days after the creation of the
list described in paragraph (2).
(d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or
Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of
such Act, as amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and
(2) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(K) The employer''.
(e) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of such Act, as amended by
this section, is further amended--
(A) in paragraph (1), by amending subparagraph (F) to read
as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another
employer;'' and
(B) in paragraph (2), by striking subparagraph (E).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(f) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (d)(1), the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.
(g) Wage Determination.--
(1) Change in minimum wages.--Section 212(n)(1) of such
Act, as amended by this section, is further amended--
(A) by amending subparagraph (A) to read as follows:
``(A) The employer--
``(i) is offering and will offer, during the period of
authorized employment, to aliens admitted or provided status
as an H-1B nonimmigrant, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(I) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(II) the median average wage for all workers in the
occupational classification in the area of employment; or
``(III) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(ii) will provide working conditions for such a
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''; and
(B) in subparagraph (D), by inserting ``the wage
determination methodology used under subparagraph (A)(i),''
after ``shall contain''.
(2) Provision of w-2 forms.--Section 212(n)(1) of such Act
is amended by inserting after subparagraph (I), as added by
subsection (f), the following:
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B
nonimmigrants, the employer shall submit to the Secretary the
Internal Revenue Service Form W-2 Wage and Tax Statement
filed by the employer with respect to such nonimmigrants for
such period.''.
(3) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(h) Immigration Documents.--Section 204 of such Act (8
U.S.C. 1154) is amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged
With Federal Agencies.--Not later than 10 working days after
receiving a written request from a former, current, or future
employee or beneficiary, an employer shall provide the
employee or beneficiary with the original (or a certified
copy of the original) of all petitions, notices, and other
written communication exchanged between the employer and the
Department of Labor, the Department of Homeland Security, or
any other Federal agency that is related to an immigrant or
nonimmigrant petition filed by the employer for the employee
or beneficiary.''.

SEC. 3303. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1)(K) of the
Immigration and Nationality Act, as redesignated by section
3302 (d)(2), is amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2).
(b) Investigations by Department of Labor.--Section
212(n)(2) of such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24 months'';
and
(B) by striking ``The Secretary shall conduct'' and all
that follows and inserting ``Upon the receipt of such a
complaint, the Secretary may initiate an investigation to
determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain

[[Page S9279]]

sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.''.
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2) of such
Act, as amended by this section, is further amended by
inserting after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended
by this section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants. The Secretary shall
conduct annual compliance audits of not less than 1 percent
of the employers that employ H-1B nonimmigrants during the
applicable calendar year. The Secretary shall conduct annual
compliance audits of each employer with more than 100
employees who work in the United States if more than 15
percent of such employees are H-1B nonimmigrants.''.
(e) Penalties.--Section 212(n)(2)(C) of such Act, as
amended by this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this
section, is further amended by inserting after paragraph (2)
the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.''.

SEC. 3304. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (H), if an
alien spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
up to 12 months only if the employer operating the new
facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
preceding 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the preceding 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii), and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a petition subsequently filed
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(iv) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall work cooperatively with
the Secretary of State to verify a company or facility's
existence in the United States and abroad.''.
(b) Restriction on Blanket Petitions.--Section 214(c)(2)(A)
of such Act is amended to read as follows:
``(2)(A) The Secretary of Homeland Security may not permit
the use of blanket petitions to import aliens as
nonimmigrants under section 101(a)(15)(L).''.
(c) Prohibition on Outplacement.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(H) An employer who imports 1 or more aliens as
nonimmigrants described in section 101(a)(15)(L) shall not
place, outsource, lease, or otherwise contract for the
placement of an alien admitted or provided status as an L-1
nonimmigrant with another employer.''.
(d) Investigations and Audits by Department of Homeland
Security.--
(1) Department of homeland security investigations.--
Section 214(c)(2) of such Act, as amended by this section, is
further amended by adding at the end the following:
``(I)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii) If the Secretary of Homeland Security receives
specific credible information from a source who is likely to
have knowledge of an employer's practices, employment
conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this
subsection. The Secretary may withhold the identity of the
source from the employer, and the source's identity shall not
be subject to disclosure under section 552 of title 5.
``(iii) The Secretary of Homeland Security shall establish
a procedure for any person desiring to provide to the
Secretary of Homeland Security information described in
clause (ii) that may be used, in whole or in part, as the
basis for the commencement of an investigation described in
such clause, to provide the information in writing on a form
developed and provided by the Secretary of Homeland Security
and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary of Homeland Security receives the information
not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer
under clause (i) or (ii), the Secretary of Homeland Security
shall provide notice to the employer of the intent to

[[Page S9280]]

conduct such investigation. The notice shall be provided in
such a manner, and shall contain sufficient detail, to permit
the employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to
do so would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial
review of a determination by the Secretary under this clause.
``(vi) If the Secretary of Homeland Security, after an
investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer
has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such
determination. If such a hearing is requested, the Secretary
shall make a finding concerning the matter by not later than
120 days after the date of the hearing.
``(vii) If the Secretary of Homeland Security, after a
hearing, finds a reasonable basis to believe that the
employer has violated the requirements under this subsection,
the Secretary may impose a penalty under section
214(c)(2)(J).''.
(2) Audits.--Section 214(c)(2)(I) of such Act, as added by
paragraph (1), is amended by adding at the end the following:
``(viii) The Secretary of Homeland Security may conduct
surveys of the degree to which employers comply with the
requirements under this section and may conduct annual
compliance audits of employers that employ H-1B
nonimmigrants. The Secretary shall conduct annual compliance
audits of not less than 1 percent of the employers that
employ nonimmigrants described in section 101(a)(15)(L)
during the applicable calendar year. The Secretary shall
conduct annual compliance audits of each employer with more
than 100 employees who work in the United States if more than
15 percent of such employees are nonimmigrants described in
section 101(a)(15)(L).''.
(3) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(e) Penalties.--Section 214(c)(2) of such Act, as amended
by this section, is further amended by adding at the end the
following:
``(J)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $2,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 1 year, approve a petition for that
employer to employ 1 or more aliens as such nonimmigrants.
``(ii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
``(iii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (L)(i)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the employer shall be liable to employees harmed for
lost wages and benefits.''.
(f) Wage Determination.--
(1) Change in minimum wages.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--

``(aa) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(bb) the median average wage for all workers in the
occupational classification in the area of employment; or
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and

``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more L-1
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer, who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L), to--
``(I) require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--

``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).

``(iv) The Secretary of Homeland Security shall determine
whether a required payment under clause (iii)(I) is a penalty
(and not liquidated damages) pursuant to relevant State
law.''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.

SEC. 3305. WHISTLEBLOWER PROTECTIONS.

(a) H-1B Whistleblower Protections.--Section
212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed
by such violation for lost wages and benefits.''.
(b) L-1 Whistleblower Protections.--Section 214(c)(2) of
such Act, as amended by section 3304, is further amended by
adding at the end the following:
``(L)(i) It is a violation of this subparagraph for an
employer who has filed a petition to import 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L) to take,
fail to take, or threaten to take or fail to take, a
personnel action, or to intimidate, threaten, restrain,
coerce, blacklist, discharge, or discriminate in any other
manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) An employer that violates this subparagraph shall be
liable to the employees harmed by such violation for lost
wages and benefits.
``(iii) In this subparagraph, the term `employee'
includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.

SEC. 3306. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

(a) In General.--The Secretary of Labor is authorized to
hire 200 additional employees to administer, oversee,
investigate, and enforce programs involving H-1B nonimmigrant
workers.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

TITLE XXXIV--EMPLOYMENT BASED VISAS

______

SA 2239. Mr. SPECTER 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 EXPULSION, RETURN, OR EXTRADITION
OF PERSONS BY THE UNITED STATES TO COUNTRIES
ENGAGING IN TORTURE.

(a) Prohibition.--
(1) In general.--Part IV of title 28, United States Code,
is amended by adding at the end the following new chapter:

``CHAPTER 181--EXPULSION, RETURN, OR EXTRADITION OF PERSONS TO
COUNTRIES ENGAGING IN TORTURE

``Sec.

[[Page S9281]]

``4101. Definitions.
``4102. Prohibition on expulsion, return, or extradition of persons by
the United States to countries engaging in torture.
``4103. Approval of Foreign Intelligence Surveillance Court required
for transfers of persons between foreign countries.
``4104. Annual reports on countries using torture.

``Sec. 4101. Definitions

``In this chapter:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committees on Armed Services, Foreign Relations,
Homeland Security and Government Affairs, and the Judiciary
and the Select Committee on Intelligence of the Senate; and
``(B) the Committees on Armed Services, Homeland Security,
the Judiciary, and International Relations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
``(2) The term `appropriate government agencies' means the
following:
``(A) The elements of the intelligence community (as
defined in or specified under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))).
``(B) Any element (other than an element referred to in
subparagraph (A)) of the Department of State, the Department
of Defense, the Department of Homeland Security, the
Department of Justice or any other Federal law enforcement,
national security, intelligence, or homeland security agency
that takes or assumes custody or control of persons or
transports persons in its custody or control outside the
United States.
``(3) The term `Foreign Intelligence Surveillance Court'
means the court established by section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
``(4) The term `substantial grounds', in the case of an
evidentiary showing, means a showing that a fact is more
likely than not.

``Sec. 4102. Prohibition on expulsion, return, or extradition
of persons by the United States to countries engaging in
torture

``(a) Prohibition.--No person in the custody or control of
any department, agency, officer, or employee of the United
States, or any contractor thereof, shall be expelled,
returned, or extradited to another country, whether directly
or indirectly, unless--
``(1) such person--
``(A) is being legally extradited under a bilateral or
multilateral extradition treaty or legally removed under the
immigration laws of the United States; and
``(B) has recourse to a United States court of competent
jurisdiction before such extradition or removal to challenge
such extradition or removal on the basis that there are
substantial grounds for believing that such person would be
in danger of being subjected to torture in the receiving
country;
``(2) in the case of a transfer of such person from the
territory of the United States through means other than those
covered by paragraph (1), such person has recourse to an
appropriate district court of the United States before such
transfer to challenge such transfer on the basis that there
are substantial grounds for believing that such person would
be in danger of being subjected to torture in the receiving
country; or
``(3) in the case of the transfer of such person from one
foreign country to another foreign country, the transfer has
the prior approval of the Foreign Intelligence Surveillance
Court in accordance with section 4103 of this title.
``(b) Jurisdiction.--
``(1) Jurisdiction of district courts.--In the event the
district courts of the United States do not have jurisdiction
under any other provision of law to hear a challenge
described in subsection (a)(2), the district courts of the
United States shall have jurisdiction to hear such a
challenge by reason of this section.
``(2) Jurisdiction of foreign intelligence surveillance
court.--The Foreign Intelligence Surveillance Court shall
have jurisdiction to consider petitions under section 4103 of
this title in accordance with the provisions of that section,
and to make determinations, certifications, and approvals of
and with respect to such petitions as provided in that
section.
``(c) Release of Certain Persons.--If the legal basis for
detention of a person to be transferred under subsection
(a)(2) no longer applies pending such transfer, including the
dismissal or final disposition of criminal charges,
immigration proceedings, or material witness obligations,
such person shall be released unless the attorney for the
appropriate government agency first obtains a warrant from a
district court of the United States authorizing continuing
detention of such person, upon a showing that--
``(1) there are substantial grounds to believe such person
would not be in danger of being subjected to torture in the
receiving country;
``(2) there is probable cause to believe such person is an
agent of a foreign power (as that term is defined in section
101(b) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801(b)); and
``(3) the detention of such person pending transfer is
necessary to ensure the safety of the community or the
appearance of such person for transfer.
``(d) Presumption of Substantial Grounds.--
``(1) In general.--If the receiving country is included
among the countries on the most current list submitted to the
appropriate congressional committees by the Secretary of
State under section 4104 of this title, a court reviewing the
proposed transfer of a person under paragraph (1) or (2) of
subsection (a), or a court reviewing an application for a
warrant with respect to a person under subsection (c), shall,
except as provided in paragraph (2), presume there are
substantial grounds for believing that such person would be
in danger of being subjected to torture in the receiving
country.
``(2) Exception.--The presumption in paragraph (1) shall
not apply with respect to a person if the head of the
appropriate government agency concerned makes an affirmative
showing to the court that there is in place a mechanism to
assure the head of the agency, in a verifiable manner, that
such person will not be tortured in the receiving country
including, at a minimum, immediate, unfettered, and
continuing access from the point of transfer to such person
by the International Committee of the Red Cross or its
designee.

``Sec. 4103. Approval of Foreign Intelligence Surveillance
Court required for transfers of persons between foreign
countries

``(a) In General.--The Foreign Intelligence Surveillance
Court shall, upon a petition submitted under subsection (b),
approve the transfer of a person covered by such petition
from one foreign country to another foreign country for
purposes of section 4102(a)(3) of this title if the Court
determines and certifies that there are substantial grounds
to believe such person would not be in danger of being
subjected to torture in the receiving country.
``(b) Petition.--
``(1) In general.--The head of an appropriate government
agency seeking the transfer of a person from one foreign
country to another foreign country for purposes of section
4102(a)(3) of this title shall submit to the Foreign
Intelligence Surveillance Court a petition seeking the
approval and certification of the Court under subsection (a).
``(2) Elements.--The petition submitted under this
subsection with respect to a person shall include the
following:
``(A) The name, nationality, and current location of such
person.
``(B) A factual explanation of the facts that caused, or
are expected to cause, such person to be within the custody
or control, whether direct or indirect, of the United States
Government.
``(C) The specific purpose for the transfer covered by the
petition, including the receiving country of the transfer.
``(D) A declaration that the transfer does not violate any
applicable law or treaty of the United States.
``(E) Any other information the Court considers appropriate
for purposes of this section.
``(c) Presumption of Substantial Grounds.--
``(1) In general.--If the receiving country in a petition
under subsection (b) is included among the countries on the
most current list submitted to the appropriate congressional
committees by the Secretary of State under section 4104 of
this title, the Foreign Intelligence Surveillance Court
shall, except as provided in paragraph (2), presume there are
substantial grounds for believing that the person covered by
the petition would be in danger of being subjected to torture
in the receiving country.
``(2) Exception.--The presumption in paragraph (1) shall
not apply with respect to a person if the head of the
appropriate government agency concerned makes an affirmative
showing to the Court that there is in place a mechanism to
assure the head of the agency, in a verifiable manner, that
such person will not be tortured in the receiving country
including, at a minimum, immediate, unfettered, and
continuing access from the point of transfer to such person
by the International Committee of the Red Cross or its
designee.

``Sec. 4104. Annual reports on countries using torture

``(a) Annual Reports Required.--The Secretary of State
shall submit to the appropriate congressional committees on
an annual basis a report listing each country where torture
is known to be used.
``(b) Basis of Reports.--Each report shall be compiled on
the basis of the information contained in the most recent
annual report of the Secretary of State submitted to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate under section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)).''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 28, United States Code, and at the
beginning of part IV of such title, are each amended by
adding after the item relating to chapter 180 the following
new item:

``181. Expulsion, Return, or Extradition of Persons to Countries
Engaging in Torture.....................................4101''.....

(b) Regulations.--
(1) Interim regulations.--Not later than 60 days after the
effective date of this section under subsection (e), the
heads of the appropriate government agencies shall prescribe
interim regulations for the purpose of carrying out chapter
181 of title 28, United States Code (as added by subsection
(a)), and implementing the obligations of the United States
under Article 3 of the Convention Against Torture, subject to
any reservations, understandings, declarations, and provisos

[[Page S9282]]

contained in the Senate resolution advising and consenting to
the ratification of the Convention Against Torture.
(2) Final regulations.--Not later than 180 days after
interim regulations are prescribed under paragraph (1), and
following a period of notice and opportunity for public
comment on such interim regulations, the heads of the
appropriate government agencies shall prescribe final
regulations for the purposes described in paragraph (1).
(3) Definitions.--In this subsection:
(A) Appropriate government agencies.--The term
``appropriate government agencies'' has the meaning given
that term in section 4101 of title 28, United States Code (as
so added).
(B) Convention against torture.--The term ``Convention
Against Torture'' means the Convention Against Torture and
Other Forms of Cruel, Inhuman or Degrading Treatment or
Punishment done at New York, December 10, 1984.
(c) Initial Report on Countries Using Torture.--The
Secretary of State shall submit the initial report required
by section 4104(a) of title 28, United States Code (as so
added), not later than 30 days after the effective date of
this section under subsection (e).
(d) Repeal of Superseded Authority.--
(1) Repeal.--Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) is repealed.
(2) Temporary continuation of effectiveness of current
regulations.--Regulations prescribed under section 2242 of
the Foreign Affairs Reform and Restructuring Act of 1998 that
are in effect on the effective date of this section under
subsection (e) shall remain in effect until the heads of the
appropriate government agencies prescribe interim regulations
under subsection (b)(1).
(e) Effective Date.--This section and the amendments made
by this section shall take effect on the date that is 30 days
after the date of the enactment of this Act.
______

SA 2240. Mr. VITTER 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 of division A, add the following:

SEC. 10__. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

(a) In General.--Subject to subsection (b), and
notwithstanding any other provision of law, the President
shall not prohibit the use by the State of Louisiana under
the Road Home Program of that State of any amounts described
in subsection (d), based upon--
(1) the existence or extent of any requirement or condition
under that program that--
(A) limits the amount made available to an eligible
homeowner who does not agree to remain an owner and occupant
of a home in Louisiana; or
(B) waives the applicability of any limitation described in
subparagraph (A) for eligible homeowners who are elderly or
senior citizens; or
(2) any requirement under section 404(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c(a)) to determine cost effectiveness.
(b) Waiver.--
(1) In general.--Except as provided in paragraph (2), in
using amounts described in subsection (d), the President
shall waive the requirements of section 206.434(c) of title
44, Code of Federal Regulations (or any corresponding similar
regulation or ruling), or specify alternative requirements,
upon a request by the State of Louisiana that such waiver is
required to facilitate the timely use of funds or a guarantee
provided under section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
(2) Exception.--The President may not waive any requirement
relating to fair housing, nondiscrimination, labor standards,
or the environment under paragraph (1).
(c) Savings Provision.--Except as provided in subsections
(a) and (b), section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) shall
apply to amounts described in subsection (d) that are used by
the State of Louisiana under the Road Home Program of that
State.
(d) Covered Amounts.--The amounts described in this
subsection are any amounts provided to the State of Louisiana
because of Hurricane Katrina of 2005 or Hurricane Rita of
2005 under the hazard mitigation grant program of the Federal
Emergency Management Agency under section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c).
______

SA 2241. Mr. McCONNELL proposed an amendment 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 the bill add 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 2242. Mr. BIDEN (for himself, Ms. Cantwell, 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 title XV, add the following:

SEC. 1535. POLICY AGAINST THE ESTABLISHMENT OF PERMANENT
BASES IN IRAQ.

(a) Findings.--The Senate makes the following findings:
(1) According to a September 2006 poll conducted by the
Program for International Policy Attitudes at the University
of Maryland, 97 percent of Sunni Arabs and 77 percent of all
Iraqis believe that the United States intends to maintain
permanent bases in Iraq.
(2) General John Abizaid testified before Congress in March
2006 that the United States ``must make clear to the people
of the region we have no designs on their territory or
resources''.
(3) Iraqi Prime Minister Nuri al-Maliki, in an April 13,
2007, interview with al-Arabiya Television, said, ``When we
see that our forces are built, and that we are prepared to
take full responsibility for the security issue, we will ask
the international forces to leave the country.''
(4) The Iraq Study Group recommended that ``the United
States can begin to shape a positive climate for its
diplomatic efforts, internationally and within Iraq, through
public statements by President Bush that reject the notion
that the United States seeks to control Iraq's oil, or seeks
permanent military bases within Iraq''.
(5) President George W. Bush has not adequately publicly
stated that the United

[[Page S9283]]

States does not seek permanent military bases in Iraq.
(6) A declaration that the United States does not seek
permanent military bases in Iraq should not be taken as a
sign of a precipitous military redeployment from Iraq.
(7) United Nations Security Council Resolution 1546 (2004)
resolves that United States and Coalition forces in Iraq are
present at the request of the Government of Iraq and that the
mandate of these forces shall be reviewed at least every 12
months and will terminate at the request of the Government of
Iraq.
(b) Sense of the Senate.--The Senate calls upon the
President--
(1) to communicate a message to the people of Iraq that the
United States neither seeks to control Iraq's oil resources
nor seeks permanent United States military bases in Iraq; and
(2) to direct the United States Permanent Representative to
the United Nations to work with other Members of the Security
Council and the Government of Iraq to craft in a timely
manner a Security Council Resolution to update the mandate of
the Multi-National Force-Iraq.
(c) Reports.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter until
January 1, 2009, the Secretary of Defense shall submit to
Congress an unclassified report, with classified annexes as
necessary, on the status of United States military
installations in Iraq, which shall include the following
elements:
(1) Information on military installations that have been
transferred to Iraqi control, that remain under United States
control, and that have been decommissioned.
(2) A schedule on plans to turn over the remaining military
installations to Iraqi control.
(3) Information on negotiations towards a status of forces
agreement between the United States and the Government of
Iraq.
(4) Specific information on the following military
installations:
(A) Camp Al Asad (Anbar governorate).
(B) Logistics Support Area Anaconda (Salah ad Din
governorate).
(C) Contingency Operating Base Speicher - Al Sahra Airfield
(Salah ad Din governorate).
(D) Camp Victory (Anbar governorate).
(E) Camp Adder at Tallil Airbase (Dhi Qar governorate).
(F) Camp Korean Village at Al-Walid Airbase (Anbar
governorate).
(G) Forward Operating Base Endurance at Qayyarah Airbase
West (Ninewah governorate).
(H) Convoy Support Center Scania (Qadisiyah governorate).
______

SA 2243. 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:

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

SEC. 214. ANTI-TERRORISM FORCE PROTECTION HYDROGRAPHIC SURVEY
SYSTEMS FOR INTELLIGENCE, SURVEILLANCE AND
RECONNAISSANCE TARGETING AND ENGAGEMENT
OPERATIONS.

Of the amount authorized to be appropriated by section
201(2) for research, development, test, and evaluation, Navy,
and available for Power Projection Advanced Technology (PE
#0603114N), $3,000,000 may be available for the development
of an Autonomous Unmanned Surface Vessel as a high-endurance,
Anti-Terrorism Force Protection, Hydrographic Survey,
Intelligence, Surveillance and Reconnaissance system
supporting military missions.
______

SA 2244. Mr. SANDERS 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 X, add the following:

SEC. 1031. PROVISION OF CONTACT INFORMATION OF SEPARATING
MEMBERS OF THE ARMED FORCES BY SECRETARY OF
DEFENSE TO STATE VETERANS AGENCIES AND LOCAL
OFFICES OF DEPARTMENT OF VETERANS AFFAIRS.

Upon the separation of a member of the Armed Forces from
the Armed Forces, the Secretary of Defense shall, upon the
consent of the member, provide the address and other
appropriate contact information of the member to the State
veterans agency and every office of the Department of
Veterans Affairs in the State in which the veteran will first
reside after separation.
______

SA 2245. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2055 submitted by Mr. LIEBERMAN (for himself and Mrs.
Boxer) 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 2, line 9, insert ``and every office of the
Department of Veterans Affairs'' after ``State veterans
agency''.
______

SA 2246. Mr. SANDERS 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 X, add the following:

SEC. 1031. PROVISION OF CONTACT INFORMATION OF SEPARATING
MEMBERS OF THE ARMED FORCES BY SECRETARY OF
DEFENSE TO STATE VETERANS AGENCIES AND LOCAL
OFFICES OF DEPARTMENT OF VETERANS AFFAIRS.

Upon the separation of a member of the Armed Forces from
the Armed Forces, the Secretary of Defense shall, upon the
consent of the member, provide the address and other
appropriate contact information of the member to the State
veterans agency and the local office of the Department of
Veterans Affairs in the State in which the veteran will first
reside after separation.
______

SA 2247. Mr. SANDERS submitted an amendment intended to be proposed
to amendment 2055 submitted by Mr. Lieberman (for himself and Mrs.
Boxer) 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 2, line 9, insert ``and the local office of the
Department of Veterans Affairs'' after ``State veterans
agency''.
______

SA 2248. Mr. DORGAN (for himself and Mr. Wyden) 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. CONTRACTOR CONFLICTS OF INTEREST.

(a) Prohibition on Contracts Relating to Inherently
Governmental Functions.--The head of an agency may not enter
into a contract for the performance of any inherently
governmental function.
(b) Prohibition on Contracts for Contract Oversight.--
(1) Prohibition.--The head of an agency may not enter into
a contract for the performance of acquisition functions
closely associated with inherently governmental functions
with any entity unless the head of the agency determines in
writing that--
(A) neither that entity nor any related entity will be
responsible for performing any of the work under a contract
which the entity will help plan, evaluate, select a source,
manage or oversee; and
(B) the agency has taken appropriate steps to prevent or
mitigate any organizational conflict of interest that may
arise because the entity--
(i) has a separate ongoing business relationship, such as a
joint venture or contract, with any of the contractors to be
overseen;
(ii) would be placed in a position to affect the value or
performance of work it or any related entity is doing under
any other Government contract;
(iii) has a reverse role with the contractor to be overseen
under one or more separate Government contracts; or
(iv) has some other relationship with the contractor to be
overseen that could reasonably appear to bias the
contractor's judgment.
(2) Related entity defined.--In this subsection, the term
``related entity'', with respect to a contractor, means any
subsidiary, parent, affiliate, joint venture, or other entity
related to the contractor.
(c) Definitions.--In this section:
(1) The term ``agency'' means the Department of Defense,
and any department, agency, and element of the Department of
Defense, and includes the Coast Guard when it is operating as
a service in the Navy.

[[Page S9284]]

(2) The term ``inherently governmental functions'' has the
meaning given to such term in part 7.5 of the Federal
Acquisition Regulation.
(3) The term ``functions closely associated with
governmental functions'' means the functions described in
section 7.503(d) of the Federal Acquisition Regulation.
(4) The term ``organizational conflict of interest'' has
the meaning given such term in part 9.5 of the Federal
Acquisition Regulation.
(d) Effective Date and Applicability.--This section shall
take effect on the date of the enactment of this Act and
shall apply to--
(1) contracts entered into on or after such date;
(2) any task or delivery order issued on or after such date
under a contract entered into before, on, or after such date;
and
(3) any decision on or after such date to exercise an
option or otherwise extend a contract for the performance of
a function relating to contract oversight regardless of
whether such contract was entered into before, on, or after
such date.
______

SA 2249. 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 XI, add the following:

SEC. 1107. EDUCATIONAL ASSISTANCE IN SUPPORT OF THE NUCLEAR
MISSIONS OF THE NAVY.

(a) In General.--The Secretary of the Navy is authorized to
carry out a program to provide scholarships, fellowships, and
grants for pursuit of programs of education at institutions
of higher education that lead to degrees in engineering and
technical fields that are necessary for a workforce to
support the nuclear missions of the Navy.
(b) Elements.--The program under subsection (a) shall
include the following:
(1) Merit-based scholarships for undergraduate study.
(2) Research fellowships for study the graduate level.
(3) Grants to support the establishment at 2-year public
institutions of higher education of programs of study and
training that lead to degrees in engineering and technical
fields that are necessary for a workforce to support the
nuclear missions of the Navy.
(4) Grants to increase the utilization of training,
research, and test reactors at institutions of higher
education.
(5) Any other elements that the Secretary considers
appropriate.
(c) Consultation.--In developing the program, the Secretary
shall consult with trade organizations, technical societies,
organized labor organizations, and other bodies having an
interest in the program.
(d) Report on Program.--Not later than January 31, 2008,
the Secretary shall submit to Congress a report on the
program under subsection (a), including a description of the
program and a statement of the funding required during fiscal
years 2009 through 2013 to carry out the program.
(e) Report on Workforce Requirements.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall jointly submit to Congress a report
on the requirements for a workforce to support the nuclear
missions of the Navy during the 10-year period beginning on
the date of the report.
(2) Elements.--The report shall address anticipated changes
to the nuclear missions of the Navy during the 10-year period
beginning on the date of the report, anticipated workforce
attrition, and retirement, and recruiting trends during that
period and knowledge retention programs within the Department
of Defense, the Department of Energy, the national
laboratories, and federally funded research facilities.
______

SA 2250. 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 title VII, add the following:

SEC. 703. REVIEW OF LICENSED MENTAL HEALTH COUNSELORS, SOCIAL
WORKERS, AND MARRIAGE AND FAMILY THERAPISTS
UNDER THE TRICARE PROGRAM.

(a) Review Required.--The Secretary of Defense shall enter
into a contract with the Institute of Medicine of the
National Academy of Sciences, or another similarly qualified
independent academic medical organization, for the purpose
of--
(1) conducting an independent study of the comparability of
credentials, preparation, and training of individuals
practicing as licensed mental health counselors, social
workers, and marriage and family therapists under the TRICARE
program to provide mental health services; and
(2) making recommendations for permitting such
professionals to practice independently under the TRICARE
program.
(b) Elements.--The study required by subsection (a) shall
provide for each of the health care professions referred to
in subsection (a)(1) the following:
(1) An assessment of the educational requirements and
curriculums relevant to mental health practice for members of
such profession, including types of degrees recognized,
certification standards for graduate programs for such
profession, and recognition of undergraduate coursework for
completion of graduate degree requirements.
(2) An assessment of State licensing requirements for
members of such profession, including for each level of
licensure if a State issues more than one type of license for
the profession. The assessment shall examine requirements in
the areas of education, training, examination, continuing
education, and ethical standards, and shall include an
evaluation of the extent to which States, through their scope
of practice, either implicitly or explicitly authorize
members of such profession to diagnose and treat mental
illnesses.
(3) An analysis of the requirements for clinical experience
in such profession to be recognized under regulations for the
TRICARE program, and recommendations, if any, for
standardization or adjustment of such requirements with those
of the other professions.
(4) An assessment of the extent to which practitioners
under such profession are authorized to practice
independently under other Federal programs (such as the
Medicare program, the Department of Veterans Affairs, the
Indian Health Service, Head Start, and the Federal Employee
Health Benefits Program), and a review the relationship, if
any, between recognition of such profession under the
Medicare program and independent practice authority for such
profession under the TRICARE program.
(5) An assessment of the extent to which practitioners
under such profession are authorized to practice
independently under private insurance plans. The assessment
shall identify the States having laws requiring private
insurers to cover, or offer coverage of, the services of
members of such profession, and shall identify the
conditions, if any, that are placed on coverage of
practitioners under such profession by insurance plans and
how frequently these types of conditions are used by
insurers.
(6) An historical review of the regulations issued by the
Department of Defense regarding which members of such
profession are recognized as providers under the TRICARE
program as independent practitioners, and an examination of
the recognition by the Department of third party
certification for members of such profession.
(c) Providers Studied.--It the sense of Congress that the
study required by subsection (a) should focus only on those
practitioners of each health care profession referred to in
subsection (a)(1) who are permitted to practice under
regulations for the TRICARE program as specified in section
119.6 of title 32, Code of Federal Regulations.
(d) Clinical Capabilities Studies.--The study required by
subsection (a) shall include a review of outcome studies and
of the literature regarding the comparative quality and
effectiveness of care provided by practitioners within each
of the health care professions referred to in subsection
(a)(1), and provide an independent review of the findings.
(e) Recommendations for TRICARE Independent Practice
Authority.--The recommendations provided under subsection
(a)(2) shall include specific recommendation (whether
positive or negative) regarding modifications of current
policy for the TRICARE program with respect to allowing
members of each of the health care professions referred to in
subsection (a)(1) to practice independently under the TRICARE
program, including recommendations regarding possible
revision of requirements for recognition of practitioners
under each such profession.
(f) Report .--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review required by subsection
(a).
______

SA 2251. Mr. LAUTENBERG (for himself, Mr. Specter, Mr. Menendez, Mr.
Cornyn, Mr. Coleman, Mr. Lott, Mr. Lieberman, Mr. Schumer, Mrs.
Clinton, Mr. Casey, Ms. Collins, and Mr. Graham) submitted an amendment
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:

At the appropriate place, insert the following:

[[Page S9285]]

SEC. __. JUSTICE FOR MARINES AND OTHER VICTIMS OF STATE-
SPONSORED TERRORISM ACT.

(a) Short Title.--This section may be cited as the
``Justice for Marines and Other Victims of State-Sponsored
Terrorism Act''.
(b) Terrorism Exception to Immunity.--
(1) In general.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605 the
following:

``Sec. 1605A. Terrorism exception to the jurisdictional
immunity of a foreign state

``(a) In General.--
``(1) No immunity.--A foreign state shall not be immune
from the jurisdiction of courts of the United States or of
the States in any case not otherwise covered by this chapter
in which money damages are sought against a foreign state for
personal injury or death that was caused by an act of
torture, extrajudicial killing, aircraft sabotage, hostage
taking, or the provision of material support or resources (as
defined in section 2339A of title 18) for such an act if such
act or provision of material support is engaged in by an
official, employee, or agent of such foreign state while
acting within the scope of his or her office, employment, or
agency.
``(2) Claim heard.--The court shall hear a claim under this
section if--
``(A) the foreign state was designated as a state sponsor
of terrorism under section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405 (j)) or section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time
the act occurred, unless later designated as a result of such
act;
``(B) the claimant or the victim was--
``(i) a national of the United States (as that term is
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
``(ii) a member of the Armed Forces of the United States
(as that term is defined in section 976 of title 10); or
``(iii) otherwise an employee of the government of the
United States or one of its contractors acting within the
scope of their employment when the act upon which the claim
is based occurred; or
``(C) where the act occurred in the foreign state against
which the claim has been brought, the claimant has afforded
the foreign state a reasonable opportunity to arbitrate the
claim in accordance with the accepted international rules of
arbitration.
``(b) Definition.--For purposes of this section--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991 (28 U.S.C. 1350 note);
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression
of Unlawful Acts Against the Safety of Civil Aviation.
``(c) Time Limit.--An action may be brought under this
section if the action is commenced not later than the latter
of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years from the date on which the cause of action
arose.
``(d) Private Right of Action.--A private cause of action
may be brought against a foreign state designated under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. 2405(j)), and any official, employee, or agent of said
foreign state while acting within the scope of his or her
office, employment, or agency which shall be liable to a
national of the United States (as that term is defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)), a member of the Armed Forces of the
United States (as that term is defined in section 976 of
title 10), or an employee of the government of the United
States or one of its contractors acting within the scope of
their employment or the legal representative of such a person
for personal injury or death caused by acts of that foreign
state or its official, employee, or agent for which the
courts of the United States may maintain jurisdiction under
this section for money damages which may include economic
damages, solatium, pain, and suffering, and punitive damages
if the acts were among those described in this section. A
foreign state shall be vicariously liable for the actions of
its officials, employees, or agents.
``(e) Additional Damages.--After an action has been brought
under subsection (d), actions may also be brought for
reasonably foreseeable property loss, whether insured or
uninsured, third party liability, and life and property
insurance policy loss claims.
``(f) Special Masters.--
``(1) In general.--The Courts of the United States may from
time to time appoint special masters to hear damage claims
brought under this section.
``(2) Transfer of funds.--The Attorney General shall
transfer, from funds available for the program under sections
1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to
the Administrator of the United States District Court in
which any case is pending which has been brought pursuant to
section 1605(a)(7) such funds as may be required to carry out
the Orders of that United States District Court appointing
Special Masters in any case under this section. Any amount
paid in compensation to any such Special Master shall
constitute an item of court costs.
``(g) Appeal.--In an action brought under this section,
appeals from orders not conclusively ending the litigation
may only be taken pursuant to section 1292(b) of this title.
``(h) Property Disposition.--
``(1) In general.--In every action filed in a United States
district court in which jurisdiction is alleged under this
section, the filing of a notice of pending action pursuant to
this section, to which is attached a copy of the complaint
filed in the action, shall have the effect of establishing a
lien of lis pendens upon any real property or tangible
personal property located within that judicial district that
is titled in the name of any defendant, or titled in the name
of any entity controlled by any such defendant if such notice
contains a statement listing those controlled entities.
``(2) Notice.--A notice of pending action pursuant to this
section shall be filed by the clerk of the district court in
the same manner as any pending action and shall be indexed by
listing as defendants all named defendants and all entities
listed as controlled by any defendant.
``(3) Enforceability.--Liens established by reason of this
subsection shall be enforceable as provided in chapter 111 of
this title.''.
(2) Amendment to chapter analysis.--The chapter analysis
for chapter 97 of title 28, United States Code, is amended by
inserting after the item for section 1605 the following:

``1605A. Terrorism exception to the jurisdictional immunity of a
foreign state.''.
(c) Conforming Amendments.--
(1) Property.--Section 1610 of title 28, United States
Code, is amended by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--The property of a foreign state, or
agency or instrumentality of a foreign state, against which a
judgment is entered under this section, including property
that is a separate juridical entity, is subject to execution
upon that judgment as provided in this section, regardless
of--
``(A) the level of economic control over the property by
the government of the foreign state;
``(B) whether the profits of the property go to that
government;
``(C) the degree to which officials of that government
manage the property or otherwise control its daily affairs;
``(D) whether that government is the sole beneficiary in
interest of the property; or
``(E) whether establishing the property as a separate
entity would entitle the foreign state to benefits in United
States courts while avoiding its obligations.
``(2) United states sovereign immunity inapplicable.--Any
property of a foreign state, or agency or instrumentality of
a foreign state, to which paragraph (1) applies shall not be
immune from execution upon a judgment entered under this
section because the property is regulated by the United
States Government by reason of action taken against that
foreign state under the Trading With the Enemy Act or the
International Emergency Economic Powers Act.''.
(2) Victims of crime act.--Section 1404C(a)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is
amended by striking ``December 21, 1988, with respect to
which an investigation or'' and inserting ``October 23, 1983,
with respect to which an investigation or civil or
criminal''.
(3) General exception.--Section 1605 of title 28, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (5)(B), by inserting ``or'' after the
semicolon;
(ii) in paragraph (6)(D), by striking ``; or'' and
inserting a period; and
(iii) by striking paragraph (7); and
(B) by striking subsections (e) and (f).
(d) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to any claim arising under section 1605A or 1605(g) of
title 28, United States Code, as added by this section.
(2) Prior actions.--Any judgment or action brought under
section 1605(a)(7) of title 28, United States Code, or
section 101(c) of Public Law 104-208 after the effective date
of such provisions relying on either of these provisions as
creating a cause of action, which has been adversely affected
on the grounds that either or both of these provisions fail
to create a cause of action opposable against the state, and
which is still before the courts in any form, including
appeal or motion under Federal Rule of Civil Procedure 60(b),
shall, on motion made to the Federal District Court where the
judgment or action was initially entered, be given effect as
if it had originally been filed pursuant to section 1605A(d)
of title 28, United States Code. The defenses of res
judicata, collateral estoppel and limitation period are
waived in any re-filed action described in this paragraph and
based on the such claim. Any such motion or re-filing must be
made not later than 60 days after enactment of this Act.
______

SA 2252. Mr. DURBIN proposed an amendment to amendment SA 2241
proposed by Mr. McConnell 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 the amendment add the following:

[[Page S9286]]

This section shall take effect one day after the bill's
enactment.
______

SA 2253. Mr. GRASSLEY 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 appropriate place, insert the following:

SEC. __. EMPLOYMENT ELIGIBILITY CONFIRMATION PILOT PROGRAMS.

(a) Requiring Federal Departments and Agencies to
Participate in the Basic Pilot Program.--Section 402(e)(1)(A)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
to read as follows:
``(A) Executive departments and agencies.--Each department
and agency of the Federal Government--
``(i) shall participate in the basic pilot program
described in section 403(a);
``(ii) shall comply with the terms and conditions of such
program.''.
(b) Requiring Department of Defense Contractors to
Participate in the Basic Pilot Program.--Section 402(e)(1) of
such Act, as amended by subsection (a), is further amended by
adding at the end the following:
``(C) Department of defense contractors.--The following
entities shall participate in the basic pilot program
described in section 403(a) and shall comply with the terms
and conditions of such program:
``(i) A contractor who has entered into a contract with the
Department of Defense to which section 2(b)(1) of the Service
Contract Act of 1965 (41 U.S.C. 351(b)(1)) applies, and any
subcontractor under such contract.
``(ii) A contractor who has entered into a contract with
the Department of Defense that is exempted from the
application of such Act by section 6 of such Act (41 U.S.C.
356), and any subcontractor under such contract.''.
(c) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of the enactment of
this Act.
______

SA 2254. Mr. MENENDEZ 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. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON
PHYSICAL SECURITY OF DEPARTMENT OF DEFENSE
INSTALLATIONS.

(a) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the
Department of Defense shall submit to Congress a report on
the physical security of Department of Defense installations
and resources.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An analysis of the progress in implementing
requirements under the Physical Security Program as set forth
in the Department of Defense Instruction 5200.08-R, Chapter 2
(C.2) and Chapter 3, Section 3: Installation Access (C3.3),
which mandates the policies and minimum standards for the
physical security of Department of Defense installations and
resources.
(2) Recommendations based on the findings of the
Comptroller General of the United States in the report
required by section 344 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-366;
120 Stat. 2155).
(3) Recommendations based on the lessons learned from the
thwarted plot to attack Fort Dix, New Jersey, in 2007.
______

SA 2255. Mr. MENENDEZ 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. SENSE OF CONGRESS ON EQUIPMENT FOR THE NATIONAL
GUARD TO DEFEND THE HOMELAND.

(a) Findings.--Congress makes the following findings:
(1) The Army National Guard and Air National Guard have
played an increasing role in homeland security and a critical
role in Operation Iraqi Freedom and Operation Enduring
Freedom.
(2) As a result of the wars in Afghanistan and Iraq, the
Army National Guard and Air National Guard face significant
equipment shortfalls.
(3) The National Guard Bureau, in its February 26, 2007,
report entitled ``National Guard Equipment Requirements'',
outlines the ``Essential 10'' equipment needs to support the
Army National Guard and Air National Guard in the performance
of their domestic missions.
(b) Sense of Congress.--It is the sense of Congress that
the Army National Guard and Air National Guard should have
sufficient equipment available to accomplish their missions
inside the United States and to protect the homeland.
______

SA 2256. Mr. MENENDEZ 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 H of title V, add the following:

SEC. 594. SENSE OF CONGRESS ON PROGRAM ON FACILITATION OF
TRANSITION OF MEMBERS OF THE ARMED FORCES TO
RECEIPT OF VETERANS HEALTH CARE BENEFITS AFTER
COMPLETION OF MILITARY SERVICE.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense and the Secretary of Veterans
Affairs should, in developing the comprehensive policy
required by section 1611 as added by Senate amendment 2019,
consider establishing a program that utilizes eligible
entities to assist members of the Armed Forces, particularly
members described in subsection (b), in applying for and
receiving health care benefits and services from the
Department of Veterans Affairs and otherwise after completion
of military service in order to ensure that such members
receive a continuity of care and assistance in and after the
transition from military service to civilian life.
(b) Target Populations.--Members described in this
subsection are all members of the Armed Forces, particularly
the following:
(1) Members with serious wounds or injuries.
(2) Members with mental disorders.
(3) Women members.
(4) Members of the National Guard and the Reserves.
(c) Veteran Navigator.--The program described in subsection
(a) should include a requirement that eligible entities
provide assistance under the program through qualified
individuals who provide such assistance on an individualized
basis to members of the Armed Forces described in subsection
(a) as they transition from military service to civilian life
and during the commencement of their receipt of health care
benefits and services from the Department of Veterans Affairs
and otherwise. An individual providing such assistance would
be referred to as a ``veteran navigator''.
(d) Eligible Entities Defined.--In this section, the term
`` eligible entity'' means any entity or organization that--
(1) is independent of the Department of Defense and the
Department of Veterans Affairs; and
(2) has or can acquire the capacity, including appropriate
personnel, to provide assistance under the pilot program
described in this section.
______

SA 2257. Mr. CORNYN (for himself and Mrs. Dole) 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 1043, insert the following:
(f) Focus on Improving Interagency Cooperation in Post-
Conflict Contingency Relief and Reconstruction Operations.--
(1) Findings.--Congress makes the following findings:
(A) The interagency coordination and integration of the
United States Government for the planning and execution of
overseas post-conflict contingency relief and reconstruction
operations requires reform.
(B) Recent operations, most notably in Iraq, lacked the
necessary consistent and effective interagency coordination
and integration in planning and execution.
(C) Although the unique circumstances associated with the
Iraq reconstruction effort are partly responsible for this
weak coordination, existing structural weaknesses within the
planning and execution processes for such operations indicate
that the problems encountered in the Iraq program could recur
in future operations unless action is taken to reform and
improve interdepartmental integration in planning and
execution.
(D) The agencies involved in the Iraq program have
attempted to adapt to the relentless demands of the
reconstruction effort,

[[Page S9287]]

but more substantive and permanent reforms are required for
the United States Government to be optimally prepared for
future operations.
(E) The fresh body of evidence developed from the Iraq
relief and reconstruction experience provides a good basis
and timely opportunity to pursue meaningful improvements
within and among the departments charged with managing the
planning and execution of such operations.
(F) The success achieved in departmental integration of
overseas conflict management through the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433; 100 Stat. 992) provides precedent for Congress to
consider legislation designed to promote increased
cooperation and integration among the primary Federal
departments and agencies charged with managing post-conflict
contingency reconstruction and relief operations.
(2) Inclusion in study.--The study conducted under
subsection (a) shall include the following elements:
(A) A synthesis of past studies evaluating the successes
and failures of previous interagency efforts at planning and
executing post-conflict contingency relief and reconstruction
operations, including relief and reconstruction operations in
Iraq.
(B) An analysis of the division of duties,
responsibilities, and functions among executive branch
agencies for such operations and recommendations for
administrative and regulatory changes to enhance integration.
(C) Recommendations for legislation that would improve
interagency cooperation and integration and the efficiency of
the United States Government in the planning and execution of
such operations.
(D) Recommendations for improvements in congressional,
executive, and other oversight structures and procedures that
would enhance accountability within such operations.
______

SA 2258. 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 subtitle C of title X, add the following:

SEC. 1031. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL
SUPPORT TEAMS.

Section 1403(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2676; 10 U.S.C. 12310 note) is amended--
(1) in paragraph (1)--
(A) by striking ``23'' and inserting ``24''; and
(B) by striking ``55'' and inserting ``56''; and
(2) in paragraph (2), by striking ``55'' and inserting
``56''.
______

SA 2259. 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 subtitle B of title II, add the following:

SEC. 214. AMOUNT FOR FLASHLIGHT SOLDIER COMBAT IDENTIFICATION
SYSTEM.

(a) Increase in Amount for Research, Development, Test and
Evaluation, Defense-Wide.--The amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation for Defense-wide activities is hereby
increased by $1,000,000.
(b) Availability for Flashlight Combat Identification
System.--Of the amount authorized to be appropriated by
section 201(4) for research development, test, and evaluation
for Defense-wide activities, as increased by subsection (a),
the amount available for Special Operations Technology
Development may be increased by $1,000,000, with the amount
of the increase to be available for the Flashlight Combat
Identification System (FSCIS).
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $1,000,000.
______

SA 2260. Mr. LOTT 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. FIRE SCOUT CLASS IV VERTICAL TAKEOFF UNMANNED
AERIAL VEHICLE.

(a) Findings.--Congress makes the following findings:
(1) The Army has purchased MQ-8B Fire Scout Vertical
Takeoff Unmanned Aerial Vehicles (UAV) to satisfy the
requirement for Class IV unmanned aerial vehicles under its
Future Combat Systems program.
(2) The MQ-8B Fire Scout Class IV Vertical Takeoff Unmanned
Aerial Vehicle is based on the highly successful RQ-8A
Vertical Takeoff Unmanned Aerial Vehicle System developed for
the Navy, and is currently in test and evaluation having
successfully completed more than 200 test flights since May
2002.
(3) Production of at least six Army MQ-8B Fire Scout Class
IV Vertical Takeoff Unmanned Aerial Vehicles has been
completed, and final flight testing has been delayed until
2010.
(4) The United States Central Command has an urgent
requirement for persistent command, control, communications,
computers, intelligence, surveillance, and reconnaissance
(C4ISR) systems in support of ongoing operations.
(5) There are at least six Army MQ-8B Fire Scout Class IV
Vertical Takeoff Unmanned Aerial Vehicle aircraft available
today that could be outfitted with appropriate sensors and
deployed to rapidly satisfy the requirements of the United
States Central Command.
(b) Program Required.--The Secretary of Defense shall take
appropriate actions to field not less than six existing Army
Fire Scout Class IV Vertical Takeoff Unmanned Aerial
Vehicles, with appropriate sensors and communications
capabilities and requisite ground control stations, for
deployment to the United States Central Command area of
operations by not later than February 2008.
(c) Funding.--Amounts authorized to be appropriated by this
title may be available for procurement for purposes of
subsection (b).
(d) Report.--Not later than December 1, 2007, the Secretary
of the Army shall submit to the congressional defense
committees a report describing the progress made toward
meeting the requirements of subsection (b).
______

SA 2261. Mr. INHOFE 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. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE FOR CERTAIN MEMBERS OF THE SELECTED
RESERVE AFFECTED BY FORCE SHAPING INITIATIVES.

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

SA 2262. Mr. KENNEDY (for himself, Mr. Bingaman, Mrs. Clinton, Mr.
Alexander, and Mr. Bunning) 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. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE
OMBUDSMAN OF THE ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.

Section 3686(g) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
15(g)) is amended by striking ``on the date that is 3 years
after the date of the enactment of this section'' and
inserting ``October 28, 2012''.
______

SA 2263. Mr. PRYOR 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 H of title V, add the following:

SEC. 594. ENHANCEMENT OF REST AND RECUPERATION LEAVE.

Section 705(b)(2) of title 10, United States Code, is
amended by inserting ``for members whose qualifying tour of
duty is 12 months or less, or for not more than 20 days for
members whose qualifying tour of duty is longer than 12
months,'' after ``for not more than 15 days''.
______

SA 2264. Mr. LOTT submitted an amendment intended to be proposed by

[[Page S9288]]

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 XIV, add the following:

SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES
RETIREMENT HOME.

(a) Independence and Purpose of Retirement Home.--Section
1511 of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 411) is amended----
(1) in subsection (a), by adding at the end the following:
``However, the Retirement Home shall be treated as a military
facility of the Department of Defense, and may not be
privatized. The administration of the Retirement Home
(including administration for the provision of health care
and medical care for residents) shall remain under the direct
authority, control, and administration of the Secretary of
Defense.''; and
(2) by striking subsection (g) and inserting the following
new subsection (g):
``(g) Accreditation.--The Chief Operating Officer shall
secure and maintain accreditation by a nationally recognized
civilian accrediting organization for each aspect of each
facility of the Retirement Home, including medical and dental
care, pharmacy, independent living, and assisted living and
nursing care.''.
(b) Spectrum of Care.--Section 1513(b) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by
inserting after the first sentence the following new
sentence: ``The services provided residents of the Retirement
Home shall include appropriate nonacute medical and dental
services, pharmaceutical services, and transportation of
residents, at no cost to residents, to acute medical and
dental services and after-hours routine medical care''.
(e) Chief Medical Officer.--The Armed Forces Retirement
Home Act of 1991 is further amended by inserting after
section 1515 the following new section:

``SEC. 1515A. CHIEF MEDICAL OFFICER.

``(a) Appointment.--(1) The Secretary of Defense shall
appoint the Chief Medical Officer of the Retirement Home. The
Secretary of Defense shall make the appointment in
consultation with the Secretary of Homeland Security.
``(2) The Chief Medical Officer shall serve a term of two
years, but is removable from office during such term at the
pleasure of the Secretary.
``(3) The Secretary (or the designee of the Secretary)
shall evaluate the performance of the Chief Medical Officer
not less frequently than once each year. The Secretary shall
carry out such evaluation in consultation with the Chief
Operating Officer and the Local Board for each facility of
the Retirement Home.
``(4) An officer appointed as Chief Medical Officer of the
Retirement Home shall serve as Chief Medical Officer without
vacating any other military duties and responsibilities
assigned to that officer whether at the time of appointment
or afterward.
``(b) Qualifications.--(1) To qualify for appointment as
the Chief Medical Officer, a person shall be a member of the
Medical, Dental, Nurse, or Medical Services Corps of the
Armed Forces, including the Health and Safety Directorate of
the Coast Guard, serving on active duty in the grade of
brigadier general, or in the case of the Navy or the Coast
Guard rear admiral (lower half), or higher.
``(2) In making appointments of the Chief Medical Officer,
the Secretary of Defense shall, to the extent practicable,
provide for the rotation of the appointments among the
various Armed Forces and the Health and Safety Directorate of
the Coast Guard.
``(c) Responsibilities.--(1) The Chief Medical Officer
shall be responsible to the Secretary, the Under Secretary of
Defense for Personnel and Readiness, and the Chief Operating
Officer for the direction and oversight of the provision of
medical, mental health, and dental care at each facility of
the Retirement Home.
``(2) The Chief Medical Officer shall advise the Secretary,
the Under Secretary of Defense for Personnel and Readiness,
the Chief Operating Officer, and the Local Board for each
facility of the Retirement Home on all medical and medical
administrative matters of the Retirement Home.
``(d) Duties.--In carrying out the responsibilities set
forth in subsection (c), the Chief Medical Officer shall
perform the following duties:
``(1) Ensure the timely availability to residents of the
Retirement Home, at locations other than the Retirement Home,
of such acute medical, mental health, and dental care as such
resident may require that is not available at the applicable
facility of the Retirement Home.
``(2) Ensure compliance by the facilities of the Retirement
Home with accreditation standards, applicable health care
standards of the Department of Veterans Affairs, and any
other applicable health care standards and requirements
(including requirements identified in applicable reports of
the Inspector General of the Department of Defense).
``(3) Periodically visit and inspect the medical facilities
and medical operations of each facility of the Retirement
Home.
``(4) Periodically examine and audit the medical records
and administration of the Retirement Home.
``(5) Consult with the Local Board for each facility of the
Retirement Home not less frequently than once each year.
``(e) Advisory Bodies.--In carrying out the
responsibilities set forth in subsection (c) and the duties
set forth in subsection (d), the Chief Medical Officer may
establish and seek the advice of such advisory bodies as the
Chief Medical Officer considers appropriate.''.
(f) Local Boards of Trustees.----
(1) Duties.--Subsection (b) of section 1516 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended
to read as follows:
``(b) Duties.--(1) The Local Board for a facility shall
serve in an advisory capacity to the Director of the facility
and to the Chief Operating Officer.
``(2) The Local Board for a facility shall provide to the
Chief Operating Officer and the Director of the facility such
guidance and recommendations on the administration of the
facility as the Local Board considers appropriate.
``(3) The Local Board for a facility shall provide to the
Under Secretary of Defense for Personnel and Readiness not
less often than annually an assessment of all aspects of the
facility, including the quality of care at the facility.
``(4) Not less frequently than once each year, the Local
Board for a facility shall submit to Congress a report that
includes an assessment of all aspects of the facility,
including the quality of care at the facility.''.
(2) Composition.--Subparagraph (K) of subsection (c) of
such section is amended to read as follows:
``(K) One senior representative of one of the chief
personnel officers of the Armed Forces, who shall be a member
of the Armed Forces serving on active duty in the grade of
brigadier general, or in the case of the Navy or Coast Guard,
rear admiral (lower half).''.
(h) Inspection of Retirement Home.--Section 1518 of such
Act (24 U.S.C. 418) is amended to read as follows:

``SEC. 1518. INSPECTION OF RETIREMENT HOME.

``(a) Inspector General of the Department of Defense.--(1)
The Inspector General of the Department of Defense shall have
the duty to inspect the Retirement Home.
``(2) The Inspector General shall advise the Secretary of
Defense and the Director of each facility of the Retirement
Home on matters relating to waste, fraud, abuse, and
mismanagement of the Retirement Home.
``(b) Inspections by Inspector General.--(1) Every two
years, the Inspector General of the Department of Defense
shall perform a comprehensive inspection of all aspects of
each facility of the Retirement Home, including independent
living, assisted living, medical and dental care, pharmacy,
financial and contracting records, and any aspect of either
facility on which the Local Board for the facility or the
resident advisory committee or council of the facility
recommends inspection.
``(2) The Inspector General may be assisted in inspections
under this subsection by a medical inspector general of a
military department designated for purposes of this
subsection by the Secretary of Defense.
``(3) In conducting the inspection of a facility of the
Retirement Home under this subsection, the Inspector General
shall solicit concerns, observations, and recommendations
from the Local Board for the facility, the resident advisory
committee or council of the facility, and the residents of
the facility. Any concerns, observations, and recommendations
solicited from residents shall be solicited on a not-for-
attribution basis.
``(4) The Chief Operating Officer and the Director of each
facility of the Retirement Home shall make all staff, other
personnel, and records of each facility available to the
Inspector General in a timely manner for purposes of
inspections under this subsection.
``(c) Reports on Inspections by Inspector General.--(1) Not
later than 45 days after completing an inspection of a
facility of the Retirement Home under subsection (b), the
Inspector General shall submit to the Secretary of Defense,
the Under Secretary of Defense for Personnel and Readiness,
the Chief Operating Officer, the Director of the facility,
and the Local Board for the facility, and to Congress, a
report describing the results of the inspection and
containing such recommendations as the Inspector General
considers appropriate in light of the inspection.
``(2) Not later than 45 days after receiving a report of
the Inspector General under paragraph (1), the Director of
the facility concerned shall submit the Secretary of Defense,
the Under Secretary of Defense for Personnel and Readiness,
the Chief Operating Officer, and the Local Board for the
facility, and to Congress, a plan to address the
recommendations and other matters set forth in the report.
``(d) Additional Inspections.--(1) Every two years, in a
year in which the Inspector General does not perform an
inspection under subsection (b), the Chief Operating Officer
shall request the inspection of each facility of the
Retirement Home by a nationally recognized civilian
accrediting organization in accordance with Section 1422(a)
of this amendment.
``(2) The Chief Operating Officer and the Director of a
facility being inspected under this subsection shall make all
staff, other personnel, and records of the facility available
to the civilian accrediting organization

[[Page S9289]]

in a timely manner for purposes of inspections under this
subsection.
``(e) Reports on Additional Inspections.--(1) Not later
than 45 days after receiving a report of an inspection from
the civilian accrediting organization under subsection (d),
the Director of the facility concerned shall submit to the
Under Secretary of Defense for Personnel and Readiness, the
Chief Operating Officer, and the Local Board for the facility
a report containing----
``(A) the results of the inspection; and
``(B) a plan to address any recommendations and other
matters set forth in the report.
``(2) Not later than 45 days after receiving a report and
plan under paragraph (1), the Secretary of Defense shall
submit the report and plan to Congress.''.
(i) Armed Forces Retirement Home Trust Fund.--Section 1519
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
419) is amended by adding at the end the following new
subsection:
``(d) Reporting Requirements.--The Chief Financial Officer
of the Armed Forces Retirement Home shall comply with the
reporting requirements of subchapter II of chapter 35 of
title 31, United States Code.''.
______

SA 2265. Mr. LEVIN 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 299, line 7, strike ``fifth fiscal year'' and
insert ``fourth fiscal year''.
On page 299, line 9, strike ``fifth fiscal year'' and
insert ``fourth fiscal year''.
Beginning on page 486, strike line 7 and all that follows
through page 487, line 5, and insert the following:
(A) by striking ``(1)'' and inserting ``(1)(A)''; and
(B) by adding at the end the following new subparagraph:
``(B)(i) Subject to clause (ii), the maximum lease amounts
for the 350 units in subparagraph (A) may be waived and
increased up to a maximum of $60,000 per unit per year.
``(ii) The Secretary concerned may not exercise the waiver
authority under clause (i) until the Secretary has notified
the congressional defense committees of such proposed waiver
and the reasons therefor and a period of 21 days has elapsed
or, if over sooner, 14 days after such notice is provided in
an electronic medium pursuant to section 480 of this
title.'';
(2) in paragraph (2), by striking ``the Secretary of the
Navy may lease not more than 2,800 units of family housing in
Italy, and the Secretary of the Army may lease not more than
500 units of family housing in Italy'' and inserting ``the
Secretaries of the military departments may lease not more
than 3,300 units of family housing in Italy'';
(3) by striking paragraphs (3) and (4) and redesignating
paragraphs (5) and (6) as paragraphs (3) and (5),
respectively;
(4) in paragraph (3), as redesignated by paragraph (4) of
this subsection, by striking ``paragraphs (1), (2), (3), and
(4)'' and inserting ``paragraphs (1) and (2)''; and
(5) by inserting after paragraph (3) the following new
paragraph:
``(4) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease
amount is $25,000 per unit per year, the Secretary of the
Army may lease not more than 3,975 units of family housing in
Korea subject to a maximum lease amount of $46,000 per unit
per year. That maximum lease amount shall be adjusted for
foreign currency fluctuations and inflation from October 1,
2007.''.
______

SA 2266. 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 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 shall
establish a national combat veteran reintegration program to
provide National Guard and Reserve 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.
(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.
(d) Organization.--
(1) Executive agent.--The Secretary shall designate the OSD
(P&R) 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 OSD (P&R) shall establish the Office
for Reintegration Programs within the OSD. 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 and
Reserve family and support programs. The Directors of the
Army National Guard and Air National Guard and the Chiefs of
the Army Reserve, Marine Corps Reserve, Navy Reserve and Air
Force Reserve may appoint liaison officers to coordinate with
the permanent office staff.
(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 and
Reserve 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 and Reserve
organizations.
(3) Advisory board.--
(A) Appointment.--The Under Secretary of Defense 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, Chiefs of the Army Reserve, Marine Corps Reserve, Navy
Reserve and Air Force Reserve, 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, and any other Department of Defense, Federal
Government agency, or outside organization as determined by
the Secretary of Defense. 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 Secretary of Defense.
(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 and Reserve
organizations;
(ii) an assessment of any unmet resource requirements;
(iii) recommendations regarding closer coordination between
the Office of Reintegration Programs and State National Guard
and Reserve 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.
(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
and Reserve organizations. The Office of Reintegration
Programs shall consult with affected State National Guard and
Reserve 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 or Reserve
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 or Reserve 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 and Reserve 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 or Reserve 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

[[Page S9290]]

Teams may provide other events from the Initial Reintegration
Activity as determined by the State National Guard or Reserve
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 and Reserve 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 and Reserve organizations, shall offer a
monthly reintegration program for individual service members
released from active duty or formerly in a medical hold
status. The program 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.
______

SA 2267. Mr. CHAMBLISS (for himself and Mr. Isakson) 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. SENSE OF SENATE ON COLLABORATIONS BETWEEN THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF
VETERANS AFFAIRS ON HEALTH CARE FOR WOUNDED
WARRIORS.

(a) Findings.--The Senate makes the following findings:
(1) There have been recent collaborations between the
Department of Defense, the Department of Veterans Affairs,
and the civilian medical community for purposes of providing
high quality medical care to America's wounded warriors. One
such collaboration is occurring in Augusta, Georgia, between
the Dwight D. Eisenhower Army Medical Center at Fort Gordon,
the Augusta Department of Veterans Affairs Medical Center,
the Medical College of Georgia, and local health care
providers under the TRICARE program.
(2) Medical staff from the Dwight D. Eisenhower Army
Medical Center and the Augusta Department of Veterans Affairs
Medical Center have been meeting weekly to discuss future
patient cases for the Active Duty Rehabilitation Unit (ADRU)
within the Uptown Department of Veterans Affairs facility.
The Active Duty Rehabilitation Unit is the only
rehabilitation unit in the Department of Veterans Affairs
system for members of the Armed Forces on active duty.
(3) As of January 2007, 431 soldiers, sailors, airmen, and
marines have received rehabilitation services at the Active
Duty Rehabilitation Unit, and 26 percent of those treated
have returned to active duty in the Armed Forces.
(4) The Dwight D. Eisenhower Army Medical Center and the
Augusta Department of Veterans Affairs Medical Center have
combined their neurosurgery programs and have coordinated on
critical brain injury and psychiatric care.
(5) The Department of Defense, the Army, and the Army
Medical Command have recognized the need for expanded
behavioral health care services for members of the Armed
Forces returning from Operation Iraqi Freedom and Operation
Enduring Freedom. These services are currently being provided
by the Dwight D. Eisenhower Army Medical Center.
(b) Sense of Senate.--It is the sense of the Senate that
the Department of Defense should encourage continuing
collaboration between the Army and the Department of Veterans
Affairs in treating America's wounded warriors and, when
appropriate and available, provide additional support and
resources for the development of such collaborations,
including the current collaboration between the Active Duty
Rehabilitation Unit at the Augusta Department of Veterans
Affairs Medical Center, Georgia, and the behavioral health
care services program at the Dwight D. Eisenhower Army
Medical Center, Fort Gordon, Georgia.
______

SA 2268. Mr. DURBIN (for himself, Mr. Inouye, Mr. Inhofe, Mr. Obama,
Mr. Menendez, Mr. Biden, Ms. Mikulski, Mrs. Dole, Mr. Reed, Mr.
Lieberman, 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 D of title V, add the following:

SEC. 555. NURSE MATTERS.

(a) In General.--The Secretary of Defense may provide for
the carrying out of each of the programs described in
subsections (b) through (f).
(b) Service of Nurse Officers as Faculty in Exchange for
Commitment to Additional Service in the Armed Forces.--
(1) In general.--One of the programs under this section may
be a program in which covered commissioned officers with a
graduate degree in nursing or a related field who are in the
nurse corps of the Armed Force concerned serve a tour of duty
of two years as a full-time faculty member of an accredited
school of nursing.
(2) Covered officers.--A commissioned officer of the nurse
corps of the Armed Forces described in this paragraph is a
nurse officer on active duty who has served for more than
nine years on active duty in the Armed Forces as an officer
of the nurse corps at the time of the commencement of the
tour of duty described in paragraph (1).
(3) Benefits and privileges.--An officer serving on the
faculty of an accredited school or nursing under this
subsection shall be accorded all the benefits, privileges,
and responsibilities (other than compensation and
compensation-related benefits) of any other comparably
situated individual serving a full-time faculty member of
such school.
(4) Agreement for additional service.--Each officer who
serves a tour of duty on the faculty of a school of nursing
under this subsection shall enter into an agreement with the
Secretary to serve upon the completion of such tour of duty
for a period of four years for such tour of duty as a member
of the nurse corps of the Armed Force concerned. Any service
agreed to by an officer under this paragraph is in addition
to any other service required of the officer under law.
(c) Service of Nurse Officers as Faculty in Exchange for
Scholarships for Nurse Officer Candidates.--
(1) In general.--One of the programs under this section may
be a program in which commissioned officers with a graduate
degree in nursing or a related field who are in the nurse
corps of the Armed Force concerned serve while on active duty
a tour of duty of two years as a full-time faculty member of
an accredited school of nursing.
(2) Benefits and privileges.--An officer serving on the
faculty of an accredited school of nursing under this
subsection shall be accorded all the benefits, privileges,
and responsibilities (other than compensation and
compensation-related benefits) of any other comparably
situated individual serving as a full-time faculty member of
such school.
(3) Scholarships for nurse officer candidates.--(A) Each
accredited school of nursing at which an officer serves on
the faculty under this subsection shall provide scholarships
to individuals undertaking an educational program at such
school leading to a degree in nursing who agree, upon
completion of such program, to accept a commission as an
officer in the nurse corps of the Armed Forces.
(B) The total amount of funds made available for
scholarships by an accredited school of nursing under
subparagraph (A) for each officer serving on the faculty of
that school under this subsection shall be not less than the
amount equal to an entry-level full-time faculty member of
that school for each year that such officer so serves on the
faculty of that school.
(C) The total number of scholarships provided by an
accredited school of nursing under subparagraph (A) for each
officer serving on the faculty of that school under this
subsection shall be such number as the Secretary of Defense
shall specify for purposes of this subsection.
(d) Scholarships for Certain Nurse Officers for Education
as Nurses.--
(1) In general.--One of the programs under this section may
be a program in which the Secretary provides scholarships to
commissioned officers of the nurse corps of the Armed Force
concerned described in paragraph (2) who enter into an
agreement described in paragraph (4) for the participation of
such officers in an educational program of an accredited
school of nursing leading to a graduate degree in nursing.

[[Page S9291]]

(2) Covered nurse officers.--A commissioned officer of the
nurse corps of the Armed Forces described in this paragraph
is a nurse officer who has served not less than 20 years on
active duty in the Armed Forces and is otherwise eligible for
retirement from the Armed Forces.
(3) Scope of scholarships.--Amounts in a scholarship
provided a nurse officer under this subsection may be
utilized by the officer to pay the costs of tuition, fees,
and other educational expenses of the officer in
participating in an educational program described in
paragraph (1).
(4) Agreement.--An agreement of a nurse officer described
in this paragraph is the agreement of the officer--
(A) to participate in an educational program described in
paragraph (1); and
(B) upon graduation from such educational program--
(i) to serve not less than two years as a full-time faculty
member of an accredited school of nursing; and
(ii) to undertake such activities as the Secretary
considers appropriate to encourage current and prospective
nurses to pursue service in the nurse corps of the Armed
Forces.
(e) Transition Assistance for Retiring Nurse Officers
Qualified as Faculty.--
(1) In general.--One of the programs under this section may
be a program in which the Secretary provides to commissioned
officers of the nurse corps of the Armed Force concerned
described in paragraph (2) the assistance described in
paragraph (3) to assist such officers in obtaining and
fulfilling positions as full-time faculty members of an
accredited school of nursing after retirement from the Armed
Forces.
(2) Covered nurse officers.--A commissioned officer of the
nurse corps of the Armed Forces described in this paragraph
is a nurse officer who--
(A) has served an aggregate of at least 20 years on active
duty or in reserve active status in the Armed Forces;
(B) is eligible for retirement from the Armed Forces; and
(C) possesses a doctoral or master degree in nursing or a
related field which qualifies the nurse officer to discharge
the position of nurse instructor at an accredited school of
nursing.
(3) Assistance.--The assistance described in this paragraph
is assistance as follows:
(A) Career placement assistance.
(B) Continuing education.
(C) Stipends (in an amount specified by the Secretary).
(4) Agreement.--A nurse officer provided assistance under
this subsection shall enter into an agreement with the
Secretary to serve as a full-time faculty member of an
accredited school of nursing for such period as the Secretary
shall provide in the agreement.
(f) Benefits for Retired Nurse Officers Accepting
Appointment as Faculty.--
(1) In general.--One of the programs under this section may
be a program in which the Secretary provides to any
individual described in paragraph (2) the benefits specified
in paragraph (3).
(2) Covered individuals.--An individual described in this
paragraph is an individual who--
(A) is retired from the Armed Forces after service as a
commissioned officer in the nurse corps of the Armed Forces;
(B) holds a graduate degree in nursing; and
(C) serves as a full-time faculty member of an accredited
school of nursing.
(3) Benefits.--The benefits specified in this paragraph
shall include the following:
(A) Payment of retired or retirement pay without reduction
based on receipt of pay or other compensation from the
institution of higher education concerned.
(B) Payment by the institution of higher education
concerned of a salary and other compensation to which other
similarly situated faculty members of the institution of
higher education would be entitled.
(C) If the amount of pay and other compensation payable by
the institution of higher education concerned for service as
an associate full-time faculty member is less than the basic
pay to which the individual was entitled immediately before
retirement from the Armed Forces, payment of an amount equal
to the difference between such basic pay and such payment and
other compensation.
(g) Administration and Duration of Programs.--
(1) In general.--The Secretary shall establish requirements
and procedures for the administration of the programs
authorized by this section. Such requirements and procedures
shall include procedures for selecting participating schools
of nursing.
(2) Duration.--Any program carried out under this section
shall continue for not less than two years.
(3) Assessment.--Not later than two years after commencing
any program under this section, the Secretary shall assess
the results of such program and determine whether or not to
continue such program. The assessment of any program shall be
based on measurable criteria, information concerning results,
and such other matters as the Secretary considers
appropriate.
(4) Continuation.--The Secretary may continue carrying out
any program under this section that the Secretary determines,
pursuant to an assessment under paragraph (3), to continue to
carry out. In continuing to carry out a program, the
Secretary may modify the terms of the program within the
scope of this section. The continuation of any program may
include its expansion to include additional participating
schools of nursing.
(h) Definitions.--In this section, the terms ``school of
nursing'' and ``accredited'' have the meaning given those
terms in section 801 of the Public Health Service Act (42
U.S.C. 296).
______

SA 2269. Mr. REED (for Mrs. Clinton) proposed an amendment to the
concurrent resolution S. Con. Res. 27, supporting the goals and ideals
of ``National Purple Heart Recognition Day''; as follows:

On page 2 line 8 strike ``requests that the President issue
a proclamation calling on'' and insert ``calls upon''.

____________________