To authorize a land exchange in Detroit, Michigan.
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Senate amendment proposed (on the floor): Amendment SA 2278 proposed by Senator Levin to Amendment SA 2011.(consideration: CR S11810-11816; text: CR S11812-11813)
September 20, 2007
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Senate amendment proposed (on the floor): Amendment SA 2278 proposed by Senator Levin to Amendment SA 2011.(consideration: CR S11810-11816; text: CR S11812-11813)
September 20, 2007
Senate amendment agreed to: Amendment SA 2278 agreed to in Senate by Unanimous Consent.
September 20, 2007
Amendment SA 2278 proposed by Senator Levin to Amendment SA 2011. (consideration: CR S11810-11816; text: CR S11812-11813) To authorize a land exchange in Detroit, Michigan.
September 20, 2007
Amendment SA 2278 agreed to in Senate by Unanimous Consent.
September 20, 2007
Senate amendment submitted
July 17, 2007
Text
Submitted
TEXT OF AMENDMENTS SA 2270. 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 B of title I, add the following: SEC. 115. M4 CARBINE RIFLE. (a) Findings.--Congress makes the following findings: (1) The members of the Armed Forces are entitled to the best individual combat weapons available in the world today. (2) Full and open competition in procurement is required by law, and is the most effective way of selecting the best individual combat weapons for the Armed Forces at the best price. (3) The M4 carbine rifle is currently the individual weapon of choice for the Army, and it is procured through a sole source contract. (4) The M4 carbine rifle has been proven in combat and meets or exceeds the existing requirements for carbines. (5) In recent months, government testing and surveys of commercially available small arms have identified alternative rifles and carbines that, like the M4 carbine, meet or exceed existing performance and maintenance requirements for the Armed Forces. (6) The Army Training and Doctrine Command is conducting a full Capabilities Based Assessment (CBA) of the small arms of the Army which will determine whether or not gaps exist in the current capabilities of such small arms and inform decisions as to whether or not a new individual weapon is required to address such gaps. (b) Report on Capabilities Based Assessment.--Not later than August 31, 2007, the Secretary of the Army shall submit to the congressional defense committees a report on the Capabilities Based Assessment of the small arms of the Army referred to in subsection (a)(6). (c) Competition for New Individual Weapon.-- (1) Competition required.--In the event the Capabilities Based Assessment identifies gaps in the current capabilities of the small arms of the Army and the Secretary of the Army determines that a new individual weapon is required to address such gaps, the Secretary shall procure the new individual weapon through one or more contracts entered into after full and open competition described in paragraph (2). (2) Full and open competition.--The full and open competition described in this paragraph is full and open competition among all responsible manufacturers that-- (A) is open to all developmental item solutions and nondevelopmental item (NDI) solutions; and (B) provides for the award of the contract or contracts concerned based on best weapon performance in light of the capabilities identified to be required in the Capabilities Based Assessment. (d) Termination of Sole Source Contract for M4 Carbine Rifle.--In the event the Capabilities Based Assessment does not identify gaps in the current capabilities of the small arms of the Army or the Secretary of the Army determines not to procure a new individual weapon to address such gaps, the Secretary shall-- (1) terminate the sole source contract for the M4 carbine rifle effective June 1, 2009; and (2) satisfy all current requirements for the carbine as of that date through one or more contracts entered into thereafter after full and open competition. ______ SA 2271. 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 title XII, add the following: Subtitle D--Advancement of International Security Through Partnerships SEC. 1251. BUILDING OF CAPACITY OF FOREIGN MILITARY AND SECURITY FORCES TO CONDUCT COUNTERTERRORISM AND OTHER OPERATIONS CONSISTENT WITH THE SECURITY INTERESTS OF THE UNITED STATES. (a) Building of Capacity.-- (1) In general.--Chapter 20 of title 10, United States Code, as amended by section 1201 of this Act, is further amended by adding at the end the following new section: ``Sec. 409. Building of capacity of foreign military and security forces to conduct counterterrorism and other security operations ``(a) In General.--The Secretary of Defense may, with the concurrence of the Secretary of State, carry out programs to build the capacity of the national military forces and other security forces (including the gendarmerie, constabulary, internal defense, infrastructure protection, civil defense, homeland defense, coast guard, border protection, and counterterrorism forces) of a foreign country in order for that country to-- ``(1) conduct counterterrorist operations; or ``(2) participate in or support military and stability operations that are consistent with the security interests of the United States. ``(b) Scope of Authority.--(1) A program authorized by subsection (a) may be carried out by grant or other appropriate mechanism, and may include the provision of equipment, supplies, and training, and minimal construction incidental to the provision of equipment. ``(2) In carrying out a program authorized by subsection (a), the armed forces may participate in training activities authorized by section 2011 of this title in a foreign country where training pursuant to such section is ongoing. ``(c) Required Elements.--Any program carried out under subsection (a) shall include elements that promote-- ``(1) the observance of and respect for human rights and fundamental freedoms; and ``(2) respect for legitimate civilian authority within the foreign country concerned. ``(d) Availability of Funds.--(1) Funds available to the Department of Defense shall be available for carrying out programs authorized by subsection (a). ``(2) The total amount of funds that may be utilized under this subsection in any fiscal year for programs authorized by subsection (a) may not exceed $750,000,000. ``(3) Amounts available for the authority in subsection (a) for a fiscal year may be used [[Page S9479]] for programs under that authority that begin in that fiscal year but end in the next fiscal year. ``(e) Formulation and Execution of Program.--The Secretary of Defense and the Secretary of State shall jointly formulate any program to be carried out under the authority in subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in carrying out any program so authorized. ``(f) Notice to Congress.--Not later than 15 days before commencing a program authorized by subsection (a), the Secretary of Defense shall, in coordination with the Secretary of State, submit to the appropriate committees of Congress a notice containing the following: ``(1) The country in which the program is to be carried out. ``(2) The proposed schedule (including any implementation timelines and milestones, and the completion date) for the program. ``(3) The proposed funding for the program, including the source of funds for the program. ``(g) Appropriate Committees of Congress Defined.--In this section, the term `appropriate committees of Congress' means-- ``(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and ``(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title, as so amended, is further amended by adding at the end the following new item: ``409. Building of capacity of foreign military and security forces to conduct counterterrorism and other security operations.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 1252. PROVISION BY THE DEPARTMENT OF DEFENSE OF SERVICES, ARTICLES, AND FUNDS TO OTHER GOVERNMENT AGENCIES FOR SUPPORT OF SECURITY AND STABILIZATION ASSISTANCE. (a) Construction With Other Provisions.--Section 1202 and the amendments made by that section shall not take effect. (b) Provision Authorized.-- (1) In general.--Chapter 20 of title 10, United States Code, as amended by section 1251 of this Act, is further amended by adding at the end the following new section: ``Sec. 410. Security and stabilization assistance: provision of services, articles, and funds to other government agencies for support of assistance ``(a) In General.--The Secretary of Defense may provide services to, and transfer defense articles and funds to, the Secretary of State or, at the request and with the concurrence of the Secretary of State, to the head of any other department or agency of the United States Government, for the purposes of facilitating the provision by the Secretary of State or head of such other department or agency, as applicable, of reconstruction, security, or stabilization assistance to a foreign country. ``(b) Limitation.--The aggregate value of all services, defense articles, and funds provided or transferred to the Secretary of State or the head of any other department or agency of the United States Government under this section in any fiscal year may not exceed $500,000,000. ``(c) Availability of Funds.--Any funds transferred to the Secretary of State or the head of any other department or agency of the United States Government under this section may remain available until expended. ``(d) Notice to Congress.--(1) Whenever the Secretary of Defense exercises the authority in subsection (a), the Secretary shall, at the time the authority is exercised, notify the appropriate committees of Congress of the exercise of the authority. Any such notification shall be prepared in coordination with the Secretary of State. ``(2) Any notification under paragraph (1) shall include a description of-- ``(A) the services, defense articles, or funds provided or transferred to the Secretary of State or the head of the department or agency of the United States Government concerned; and ``(B) the head of the receiving department or agency and the purpose for which such services, defense articles, and funds will be used. ``(e) Applicability of Other Laws.--Any services, defense articles, or funds provided or transferred to the Secretary of State or the head of another department or agency of the United States Government under the authority in subsection (a) that the Secretary of State or the head of such other department or agency, as applicable, uses to provide reconstruction, security, or stabilization assistance to a foreign country shall be subject to the authorities and limitations in the Foreign Assistance Act of 1961, the Arms Export Control Act, or any law making appropriations to carry out such Acts. ``(f) Definitions.--In this section: ``(1) The term `appropriate committees of Congress' means-- ``(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and ``(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. ``(2) The term `defense article' has the meaning given that term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title, as so amended, is further amended by adding at the end the following new item: ``410. Security and stabilization assistance: provision of services, articles, and funds to other government agencies for support of assistance.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 1253. AUTHORITY FOR DEPARTMENT OF DEFENSE SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM. (a) Authority.-- (1) In general.--Chapter 20 of title 10, United States Code, as amended by section 1252 of this Act, is further amended by adding at the end the following new section: ``Sec. 411. Support of military operations to combat terrorism ``(a) Authority.--(1) The Secretary of Defense may use funds available to the Department of Defense to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing military operations by United States special operations forces to combat terrorism. ``(2) The Secretary may use funds under this section only with the concurrence of the Chief of Mission concerned. ``(3) The total amount of funds used under this section in any fiscal year may not exceed $25,000,000. ``(b) Notice to Congress.--The Secretary of Defense shall notify the congressional defense committees, in writing, of the exercise of the authority in subsection (a) with respect to a military operation not later than 48 hours after so exercising the authority. Notice of the exercise of the authority under subsection (a) with respect to a military operation is only required once with respect to such operation. ``(c) No Authorization for Covert Actions.--This section does not constitute authority to conduct a covert action (as that term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 413(e))). ``(d) Annual Report.--Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under subsection (a) during that fiscal year. Each report shall describe the support provided during the fiscal year concerned, including a statement of the recipient of the support and the amount of support provided.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title, as so amended, is further amended by adding at the end the following new item: ``411. Support of military operations to combat terrorism.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 1254. PERMANENT AUTHORITY FOR THE COMMANDERS' EMERGENCY RESPONSE PROGRAM. (a) In General.--Chapter 20 of title 10, United States Code, as amended by section 1253 of this Act, is further amended by adding at the end the following new section: ``Sec. 412. Commanders' Emergency Response Program ``(a) Authority.--Funds made available to the Department of Defense for any fiscal year for the Commanders' Emergency Response Program may be used by the Secretary of Defense in such fiscal year to provide funds for the following: ``(1) The Commanders' Emergency Response Program in Iraq and Afghanistan. ``(2) A similar program to assist the people of any developing country where United States forces are operating. ``(b) Quarterly Report.--Not later than 15 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a). ``(c) Waiver Authority.--For purposes of exercising the authority provided by this section or any other provision of law making funds available for the Commanders' Emergency Response Program (including for a program referred to in subsection (a)(2)), the Secretary of Defense may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority. ``(d) Guidance.--In the event any modification is made after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 in the guidance issued to the armed forces by the Under Secretary of Defense (Comptroller) on February 18, 2005, concerning the allocation of funds through the Commanders' Emergency Response Program, the Secretary of Defense shall submit to the congressional defense committees a copy of the modification not later than 15 days after the date on which the Secretary makes the modification. [[Page S9480]] ``(e) Execution of Program.--Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, the Secretary of Defense and the Secretary of State shall jointly develop procedures for the exercise of the authority in this section. Such procedures shall provide for the expeditious coordination between the Department of Defense and the Department of State to achieve agile, appropriate, and effective use of the authority under this section to promote the security interests of the United States. ``(f) Commanders' Emergency Response Program Defined.--In this section, the term `Commanders' Emergency Response Program' means the program established by the Administrator of the Coalition Provisional Authority 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.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title, as so amended, is further amended by adding at the end the following new item: ``412. Commanders' Emergency Response Program.''. SEC. 1255. AVAILABILITY FOR CERTAIN STABILIZATION ACTIVITIES OF FUNDS AVAILABLE FOR HUMANITARIAN ASSISTANCE. (a) In General.--Section 2561(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(3) Funds available under paragraph (1) are also available for stabilization activities in a country upon the concurrence of the Chief of Mission in that country.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to fiscal years beginning on or after that date. SEC. 1256. EXPANSION OF DEPARTMENT OF DEFENSE REWARDS PROGRAM FOR ASSISTANCE IN COMBATING TERRORISM. (a) Construction With Other Provisions.--Section 1021 and the amendments made by that section shall not take effect. (b) Scope of Authority.--Subsection (a) of section 127b of title 10, United States Code, is amended-- (1) in the matter preceding paragraph (1), by inserting ``and, with the concurrence of the applicable Chief of Mission, government personnel of coalition nations and nations in which the armed forces are stationed or operating,'' after ``personnel''; (2) in paragraph (1), by inserting after ``armed forces'' the following: ``, or of coalition forces or forces of a country in which the armed forces are stationed or operating,''; and (3) in paragraph (2), by inserting ``or of coalition forces or forces of a country in which the armed forces are stationed or operating'' after ``forces''. (c) Increase in Amount of Reward.--Subsection (b) of such section is amended by striking ``$200,000'' and inserting ``$5,000,000''. (d) Delegation of Authority.--Subsection (c) of such section is amended-- (1) in paragraph (1)(B), by striking ``$50,000'' and inserting ``$1,000,000''; and (2) by adding at the end the following new paragraph: ``(3) An official to whom authority is delegated under paragraph (1) or (2) may use such authority, acting through government personnel of coalition nations and nations in which the armed forces are stationed or operating, to offer and make rewards.''. (e) Awards Subject to Consultation With Secretary of State.--Subsection (d)(2) of such section is amended by striking ``$100,000'' and inserting ``$2,000,000''. SEC. 1257. REDESIGNATION OF SPECIAL DEFENSE ACQUISITION FUND AND MODIFICATION OF AUTHORITIES APPLICABLE TO THE FUND. (a) Redesignation of Fund.-- (1) In general.--Paragraph (1) of subsection (a) of section 51 of the Arms Export Control Act (22 U.S.C. 2795) is amended by striking ``Special Defense Acquisition Fund'' and inserting ``Defense Coalition Support Fund''. (2) Conforming amendments.--The Arms Export Control Act is further amended by striking ``Special Defense Acquisition Fund'' each place it appears and inserting ``Defense Coalition Support Fund''. (3) Clerical amendments.-- (A) Chapter heading.--The heading of chapter 5 of such Act is amended to read as follows: ``CHAPTER 5--DEFENSE COALITION SUPPORT FUND''. (B) Section heading.--The heading of section 51 of such Act is amended by striking ``Special Defense Acquisition Fund'' and inserting ``Defense Coalition Support Fund''. (4) References.--Any reference to the Special Defense Acquisition Fund in a law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Defense Coalition Support Fund. (b) Modification of Authorities.-- (1) Concurrence of secretary of state in operation.-- Paragraph (1) subsection (a) of section 51 of the Arms Export Control Act is further amended by striking ``in consultation with'' and inserting ``with the concurrence of''. (2) Department of defense control and management.--Such paragraph is further amended by inserting ``and management'' after ``control''. (3) Additional purposes.--Such subsection is further amended-- (A) in paragraph (1)-- (i) by inserting ``temporary use or'' after ``anticipation of their''; and (ii) by inserting ``for purposes including support of coalition or international military stability or counter- terrorist operations'' after ``international organizations''; (B) in paragraph (3), by inserting ``temporary use or'' before ``transfer''; and (C) in paragraph (4)-- (i) by striking ``narcotics control purposes'' and inserting ``building partner capacity''; and (ii) by striking ``, such as small boats, planes (including helicopters), and communication equipment''. (4) Elements of fund.--Subsection (b) of such section is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) by inserting after paragraph (3) the following new paragraphs: ``(4) collections from leases made pursuant to section 61 of this Act, and ``(5) contributions of money or property from any United States or foreign person or entity, foreign government, or international organization for use for purposes of the Fund,''; and (C) in the matter after paragraph (5), as added by subparagraph (B) of this paragraph, by inserting ``to the Department of State or the Department of Defense'' after ``authorized and appropriated''. (5) Size of fund.-- (A) In general.--Subsection (c) of such section is amended to read as follows: ``(c)(1) Except during a period of active hostilities, the value of defense articles or other property acquired by the Secretary of Defense under this chapter and held in inventory for purposes of this chapter may not exceed $200,000,000. ``(2) Amounts credited or otherwise made available to the Fund under subsection (b) shall remain available until expended.''. (B) Conforming amendments.--Section 114 of title 10, United States Code, is amended-- (i) by striking subsection (c); and (ii) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (6) Transfer of amounts in fund.--Section 51 of the Arms Export Control Act is further amended by adding at the end the following new subsection: ``(d) In order to carry out the purposes of the Fund, amounts in the Fund may be transferred to any current appropriation, fund, or account of the Department of Defense or the Department of State. Any amounts so transferred shall be merged with the appropriation, fund, or account to which transferred, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in the appropriation, fund, or account to which transferred.''. (7) Use and transfer of items procured by fund.--Section 52 of the Arms Export Control Act (22 U.S.C. 2795a) is amended-- (A) in subsection (a), by inserting ``(including for temporary use)'' after ``transferred''; and (B) in subsection (b), by striking ``The President may authorize'' and inserting ``The Secretary of Defense may, with the concurrence of the Secretary of State, authorize''. SEC. 1258. NONRECIPROCAL EXCHANGES OF CIVILIAN AND MILITARY PERSONNEL UNDER MILITARY-TO-MILITARY CONTACT AUTHORITY. Section 168(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(9) The exchange of personnel described in paragraph (3) or (4) on a nonreciprocal basis if the Secretary of Defense determines that such an exchange is in the interests of the Department of Defense.''. SEC. 1259. EXPANSION OF AUTHORITY TO PROVIDE SERVICES AND SUPPORT AND PAY EXPENSES OF COALITION LIAISON OFFICERS. (a) Expansion of Officers Eligible.--Subsection (a) of section 1051a of title 10, United States Code, is amended-- (1) by striking ``involved in a coalition'' and inserting ``involved in a military operation''; and (2) by striking ``a coalition operation'' and inserting ``a military operation''. (b) Payment of Certain Medical Expenses.--Subsection (b) of such section is amended-- (1) by striking the heading and inserting ``Travel and Subsistence, Medical, Personal, and Other Expenses.--''; and (2) in paragraph (2), by adding at the end the following new subparagraph: ``(C) Expenses of civilian medical care when adequate medical care is not available to that officer at local military medical facilities and the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States, except that such expenses may not be paid under this subparagraph if the medical care concerned is otherwise available to that officer pursuant to any international agreement or treaty.''. (c) Payment of Temporary Duty Travel Expenses.--Subsection (b) of such section is further amended by adding at the end the following new paragraph: ``(3) In addition to expenses payable under paragraph (1), the Secretary may also pay [[Page S9481]] the mission-related travel expenses of any liaison officer described in subsection (a) when such travel is in support of United States national interests and the commander of the headquarters to which the liaison officer is temporarily assigned directs round-trip travel from the headquarters to one or more locations.''. (d) Definitions.--Subsection (d) of such section is amended to read as follows: ``(d) Administrative Services and Support Defined.--In this section, the term `administrative services and support' includes base or installation support services, office space, utilities, copying services, fire and police protection, and computer support.''. (e) Permanent Authority.--Such section is further amended by striking subsection (e). (f) Conforming and Clerical Amendments.-- (1) Heading amendment.--The heading of such section is amended to read as follows: ``Sec. 1051a. Liaison officers to United States miliary operations: administrative services and support; travel, subsistence, medical care, and other expenses''. (2) Clerical amendment.--The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1051a and inserting the following new item: ``1051a. Liaison officers to United States miliary operations: administrative services and support; travel, subsistence, medical care, and other expenses.''. (g) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 1260. GRANTS OF NON-LETHAL EXCESS DEFENSE ARTICLES BY GEOGRAPHIC COMBATANT COMMANDERS. (a) Grants Authorized.--Chapter 6 of title 10, United States Code, is amended by inserting after section 166b the following new section: ``Sec. 166c. Combatant commands: authority of geographic combatant commanders to transfer non-lethal excess defense articles ``(a) Authority.--The commander of a combatant command with a geographic area of responsibility may, with the concurrence of the Secretary of State, transfer on a grant basis non- lethal excess defense articles to any country within that commander's geographic area of responsibility for the purpose of-- ``(1) building the capacity of such country to conduct counterterrorist operations; or ``(2) permitting such country to participate in or support military and stability operations that are consistent with the security interests of the United States. ``(b) Limitations.--(1) A combatant commander may transfer defense articles under this section only if-- ``(A) the articles are drawn from existing stocks of the Department of Defense; ``(B) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; and ``(C) the transfer of the articles will not have an adverse impact on the military readiness of the United States. ``(2) The total amount of defense articles that may be transferred to a country under this section in any fiscal year may not exceed $25,000. ``(c) Transportation and Related Costs.--(1) Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transporting defense articles transferred under this section. ``(2) A combatant commander may provide for the transportation of defense articles transferred under this section without charge to a country for the costs of the transportation if-- ``(A) the combatant commander determines that such transportation without charge is in the national interest of the United States; ``(B) the recipient country is a developing country; ``(C) the total weight of the transfer does not exceed 50,000 pounds; and ``(D) the transportation is carried out on a space available basis. ``(d) Prohibited Transfers.--A combatant commander may not transfer defense articles under this section that are significant military equipment (as that term is defined in section 47(9) of the Arms Export Control Act (22 U.S.C. 2794(9))). ``(e) Applicability to Coast Guard Property.--Excess property of the Coast Guard may be treated as excess defense articles for purposes of this section. ``(f) Excess Defense Articles Defined.--In this section, the term `excess defense articles' has the meaning given that term in section 644(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 6 of such title is amended by inserting after the item relating to section 166b the following new item: ``166c. Combatant commands: authority of geographic combatant commanders to transfer non-lethal excess defense articles.''. SEC. 1261. DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND INFORMATION TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY. (a) Distribution Authorized.--To enhance interoperability between the Armed Forces and military and civilian personnel of friendly foreign nations, the Secretary of Defense may, with the concurrence of the Secretary of State-- (1) provide to personnel referred to in subsection (b) electronic distributed learning content for the education and training of such personnel for the development or enhancement of allied and friendly military and civilian capabilities for multinational operations, including joint exercises and coalition operations; and (2) provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning content for the education and training of such personnel. (b) Authorized Recipients.--The personnel to whom learning content and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign government, with the permission of that government. (c) Education and Training.--Any education and training provided under subsection (a) shall include the following: (1) Internet-based education and training. (2) Advanced distributed learning and similar Internet learning tools, as well as distributed training and computer- assisted exercises. (d) Applicability of Export Control Regimes.--The provision of learning content and information technology under this section shall be subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and any other export control regime under law relating to the transfer of military technology to foreign nations. (e) Guidance on Distribution.-- (1) Guidance required.--The Secretary of Defense shall prescribe guidance on the procedures for the use of the authority in subsection (a). (2) Submittal to congress.--Not later than 30 days after prescribing the guidance required by paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report setting forth such guidance. (3) Modification.--If the Secretary modifies the guidance prescribed under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report setting forth the modified guidance not later than 30 days after the date of such modification. (f) Annual Report.-- (1) Report required.--Not later than 30 days after the end of any fiscal year in which the authority in subsection (a) is used, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of such authority during such fiscal year. (2) Elements.--Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following: (A) A statement of the recipients of learning content and information technology under this section. (B) A description of the type, quantity, and value of the learning content and information technology provided under this section. (g) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services of the Senate; and (2) the Committee on Armed Services of the House of Representatives. SEC. 1262. PROVISION OF AUTOMATIC IDENTIFICATION SYSTEM INFORMATION ON MARITIME SHIPPING TO FOREIGN COUNTRIES. (a) Provision Authorized.--The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the Secretaries of the military departments and the commanders of combatant commands with a geographic area of responsibility to exchange or furnish automatic identification system data broadcast by merchant or private ships and collected by the United States to a foreign country or international organization pursuant to an agreement for the production or exchange of such data. (b) Provision at No Cost to Recipient.--Data may be exchanged or furnished under subsection (a) without cost to the recipient country or international organization. (c) Consistency With International Law.--Any exchange or furnishing of data under subsection (a) shall be consistent with applicable international law. (d) Automatic Identification System Defined.--In the section, the term ``automatic identification system'' means a system that is used to satisfy the Automatic Identification System requirements of the regulations for purposes of the International Convention for the Safety of Life at Sea, done at London, June 17, 1960 (16 UST 185). SEC. 1263. ENHANCEMENT OF PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE. (a) Construction With Other Provisions.--Section 1214 and the amendments made by that section shall not take effect. (b) In General.--Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2350m. Participation in multinational military centers of excellence ``(a) Participation Authorized.--The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of members of the armed forces [[Page S9482]] and Department of Defense civilian personnel in any multinational military center of excellence hosted by any nation or combination of nations referred to in subsection (b) for purposes of-- ``(1) enhancing the ability of military forces and civilian personnel of the nations participating in such center to engage in joint exercises or coalition or international military operations; or ``(2) improving interoperability between the armed forces and the military forces of friendly foreign nations. ``(b) Covered Nations.--The nations referred to in this subsection are as follows: ``(1) The United States. ``(2) Any member nation of the North Atlantic Treaty Organization (NATO). ``(3) Any major non-NATO ally. ``(4) Any other friendly foreign nation identified by the Secretary of Defense, with the concurrence of the Secretary of State, for purposes of this section. ``(c) Memorandum of Understanding.--(1) The participation of members of the armed forces or Department of Defense civilian personnel in a multinational military center of excellence under subsection (a) shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the foreign nation or nations concerned. ``(2) If Department of Defense facilities, equipment, or funds are used to support a multinational military center of excellence under subsection (a), the memorandum of understanding under paragraph (1) with respect to that center shall provide details of any cost-sharing arrangement or other funding arrangement. ``(d) Availability of Appropriated Funds.--(1) Funds appropriated to the Department of Defense for operation and maintenance are available as follows: ``(A) To pay the United States share of the operating expenses of any multinational military center of excellence in which the United States participates under this section. ``(B) To pay the costs of the participation of members of the armed forces and Department of Defense civilian personnel in multinational military centers of excellence under this section, including the costs of expenses of such participants. ``(2) The amount available under paragraph (1)(A) for expenses referred to in that paragraph may not exceed $5,000,000 in any fiscal year. ``(3) No funds may be used under this subsection to fund the pay or salaries of members of the armed forces and Department of Defense civilian personnel who participate in multinational military centers of excellence under this section. ``(e) Use of Department of Defense Facilities and Equipment.--Facilities and equipment of the Department of Defense may be used for purposes of the support of multinational military centers of excellence under this section that are hosted by the Department. ``(f) Report on Use of Authority.--(1) Not later than 30 days after the end of any fiscal year in which the authority in subsection (a) is used, 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 use of such authority during that fiscal year. ``(2) The report required by paragraph (1) shall include the following: ``(A) A detailed description of the participation of the Department of Defense, and of members of the armed forces and civilian personnel of the Department, in multinational military centers of excellence under the authority in subsection (a) during the fiscal year covered by the report. ``(B) For each multinational military center of excellence in which the Department of Defense, or members of the armed forces or Department of Defense civilian personnel, so participated-- ``(i) a description of such multinational military center of excellence; ``(ii) a description of the activities participated in by the Department, or by members of the armed forces or Department of Defense civilian personnel; and ``(iii) a statement of the costs of the Department for such participation, including-- ``(I) a statement of the United States share of the expenses of such center, and a statement of the percentage of the United States share of the expenses of such center to the total expenses of such center; and ``(II) a statement of the amount of such costs (including a separate statement of the amount of costs paid for under the authority of this section by category of costs). ``(g) Definitions.--In this section: ``(1) The term `multinational military center of excellence' means an entity sponsored by one or more nations that is accredited and approved by the Department of Defense as offering recognized expertise and experience to personnel participating in the activities of such entity for the benefit of United States forces and the militaries of friendly foreign nations by providing such personnel opportunities to-- ``(A) enhance education and training; ``(B) improve interoperability and capabilities; ``(C) assist in the development of doctrine; and ``(D) validate concepts through experimentation. ``(2) The term `major non-NATO ally' means a country (other than a member nation of the North Atlantic Treaty Organization) that is designated as a major non-NATO ally by the Secretary of Defense, with the concurrence of the Secretary of State, under section 2350a of this title.''. (c) Clerical Amendment.--The table of sections at the beginning of subchapter II of chapter 138 of such title is amended by adding at the end the following new item: ``Sec. 2350m. Participation in multinational military centers of excellence.''. SEC. 1264. TEMPORARY LOAN OF SIGNIFICANT MILITARY EQUIPMENT. (a) Construction With Other Provisions.--Section 1212 and the amendments made by that section shall not take effect. (b) Temporary Loan.--Section 2350(1) of title 10, United States Code, is amended by adding at the end the following new sentence: ``Such term also includes temporary use, for not to exceed one year, of significant military equipment by security forces of nations participating in combined operations with the armed forces for personnel protection or to aid in personnel survivability, if the Secretary of Defense, with the concurrence of the Secretary of State, determines in writing that it is in the national security interests of the United States to authorize such use.''. SEC. 1265. REIMBURSEMENT OF SALARIES OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES IN SUPPORT OF COMMERCIAL SALES OF DEFENSE ARTICLES AND SERVICES OVERSEAS. Notwithstanding any limitation on the inclusion of salaries of members of the Armed Forces in the price or value of assistance under sections 503(a)(3) and 632(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(a)(3), 2392(d)), the full cost of salaries of members of the reserve components of the Armed Forces may be included in calculating the price or value of assistance under such sections. ______ SA 2272. Mr. WEBB (for himself and Mr. Warner) 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. MODIFICATION OF AUTHORITIES ON COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE ATTACK. (a) Extension of Date of Submittal of Final Report.-- Section 1403(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 50 U.S.C. 2301 note) is amended by striking ``June 30, 2007'' and inserting ``November 30, 2008''. (b) Coordination of Work With Department of Homeland Security.--Section 1404 of such Act is amended by adding at the end the following new subsection: ``(c) Coordination With Department of Homeland Security.-- The Commission and the Secretary of Homeland Security shall jointly ensure that the work of the Commission with respect to electromagnetic pulse attack on electricity infrastructure, and protection against such attack, is coordinated with Department of Homeland Security efforts on such matters.''. (c) Limitation on Department of Defense Funding.--The aggregate amount of funds provided by the Department of Defense to the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack for purposes of the preparation and submittal of the final report required by section 1403(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as amended by subsection (a)), whether by transfer or otherwise and including funds provided the Commission before the date of the enactment of this Act, shall not exceed $5,600,000. ______ SA 2273. 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 III, add the following: SEC. 325. CENTER FOR INTERNATIONAL ISSUES RESEARCH. Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $7,400,000 may be available for the Center for International Issues Research. ______ SA 2274. Mr. DODD (for Mr. Levin (for himself, Mr. Reed, Mr. Smith, Mr. Hagel, Mr. Kerry, Ms. Snowe, Mr. [[Page S9483]] Biden, Mr. Obama, and Mrs. Clinton)) 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. REDUCTION AND TRANSITION OF UNITED STATES FORCES IN IRAQ. (a) Deadline for Commencement of Reduction.--The Secretary of Defense shall commence the reduction of the number of United States forces in Iraq not later than 120 days after the date of the enactment of this Act. (b) Implementation of Reduction as Part of Comprehensive Strategy.--The reduction of forces required by this section shall be implemented as part of a comprehensive diplomatic, political, and economic strategy that includes sustained engagement with Iraq's neighbors and the international community for the purpose of working collectively to bring stability to Iraq. As part of this effort, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to seek the appointment of an international mediator in Iraq, under the auspices of the United Nations Security Council, who has the authority of the international community to engage political, religious, ethnic, and tribal leaders in Iraq in an inclusive political process. (c) Limited Presence After Reduction and Transition.--After the conclusion of the reduction and transition of United States forces to a limited presence as required by this section, the Secretary of Defense may deploy or maintain members of the Armed Forces in Iraq only for the following missions: (1) Protecting United States and Coalition personnel and infrastructure. (2) Training, equipping, and providing logistic support to the Iraqi Security Forces. (3) Engaging in targeted counterterrorism operations against al Qaeda, al Qaeda affiliated groups, and other international terrorist organizations. (d) Completion of Transition.--The Secretary of Defense shall complete the transition of United States forces to a limited presence and missions as described in subsection (c) by April 30, 2008. ______ SA 2275. Mr. LEVIN (for himself, Mr. Reed, Mr. Smith, Mr. Hagel, Mr. Kerry, Ms. Snowe, Mr. Biden, Mr. Obama, and Mrs. Clinton) proposed an amendment to amendment SA 2274 proposed by Mr. Dodd (for Mr. Levin (for himself, Mr. Reed, Mr. Smith, Mr. Hagel, Mr. Kerry, Ms. Snowe, Mr. Biden, Mr. Obama, and Mrs. Clinton)) 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: In lieu of the language to be inserted, insert the following: SEC. 1535. REDUCTION AND TRANSITION OF UNITED STATES FORCES IN IRAQ. (a) Deadline for Commencement of Reduction.--The Secretary of Defense shall commence the reduction of the number of United States forces in Iraq not later than 120 days after the date of the enactment of this Act. (b) Implementation of Reduction as Part of Comprehensive Strategy.--The reduction of forces required by this section shall be implemented as part of a comprehensive diplomatic, political, and economic strategy that includes sustained engagement with Iraq's neighbors and the international community for the purpose of working collectively to bring stability to Iraq. As part of this effort, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to seek the appointment of an international mediator in Iraq, under the auspices of the United Nations Security Council, who has the authority of the international community to engage political, religious, ethnic, and tribal leaders in Iraq in an inclusive political process. (c) Limited Presence After Reduction and Transition.--After the conclusion of the reduction and transition of United States forces to a limited presence as required by this section, the Secretary of Defense may deploy or maintain members of the Armed Forces in Iraq only for the following missions: (1) Protecting United States and Coalition personnel and infrastructure. (2) Training, equipping, and providing logistic support to the Iraqi Security Forces. (3) Engaging in targeted counterterrorism operations against al Qaeda, al Qaeda affiliated groups, and other international terrorist organizations. (d) Completion of Transition.--The Secretary of Defense shall complete the transition of United States forces to a limited presence and missions as described in subsection (c) by April 30, 2008. This Section shall take effect one day after the date of this bill's enactment. ______ SA 2276. Mr. KOHL (for himself and Mr. Warner) 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 VIII, add the following: SEC. 876. GREEN PROCUREMENT POLICY. (a) Findings.--The Senate makes the following findings: (1) On September 1, 2004, the Department of Defense issued its green procurement policy. The policy affirms a goal of 100 percent compliance with Federal laws and executive orders requiring purchase of environmentally friendly, or green, products and services. The policy also outlines a strategy for meeting those requirements along with metrics for measuring progress. (2) On September 13, 2006, the Department of Defense hosted a biobased product showcase and educational event which underscores the importance and seriousness with which the Department is implementing its green procurement program. (3) On January 24, 2007, President Bush signed Executive Order 13423: Strengthening Federal Environmental, Energy, and Transportation Management, which contains the requirement that Federal agencies procure biobased and environmentally preferable products and services. (4) Although the Department of Defense continues to work to become a leading advocate of green procurement, there is concern that there is not a procurement application or process in place at the Department that supports compliance analysis. (b) Sense of the Senate.--It is the sense of the Senate that the Department of Defense should establish a system to document and track the use of environmentally preferable products and services. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on its plan to increase the usage of environmentally friendly products that minimize potential impacts to human health and the environment at all Department of Defense facilities inside and outside the United States, including through the direct purchase of products and the purchase of products by facility maintenance contractors. ______ SA 2277. 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: At the end of title XXVIII, add the following: SEC. 2864. REPORT ON WATER CONSERVATION PROJECTS. (a) Report Required.--Not later than April 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the funding and effectiveness of water conservation projects at Department of Defense facilities. (b) Content.--The report required under subsection (a) shall include-- (1) a description, by type, of the amounts invested or budgeted for water conservation projects by the Department of Defense in fiscal years 2006, 2007, and 2008; (2) a description, by type, of the projected investments in water conservation proposed over the next five years; (3) an assessment of the investment levels required to meet the water conservation requirements of the Department of Defense under Executive Order No. 13423 (January 24, 2007); (4) an assessment of whether water conservation projects should continue to be funded within the Energy Conservation Investment Program or whether the water conservation efforts of the Department would be more effective if a separate water conservation investment program were established; (5) an assessment of the demonstrated or potential reductions in water usage and return on investment of various types of water conservation projects, including the use of metering or control systems, xeriscaping, waterless urinals, utility system upgrades, and water efficiency standards for appliances used in Department of Defense facilities; and (6) recommendations for any legislation, including any changes to the authority provided under section 2866 of title 10, United States Code, that would facilitate the water conservation goals of the Department, including the water conservation requirements of Executive Order No. 13423 and DoD Instruction 4170.11. ______ SA 2278. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize [[Page S9484]] 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 XVIII, add the following: SEC. 2854. LAND EXCHANGE, DETROIT, MICHIGAN. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) City.--The term ``City'' means the city of Detroit, Michigan. (3) City land.--The term ``City land'' means the approximately 0.741 acres of real property, including any improvement thereon, as depicted on the exchange maps, that is commonly identified as 110 Mount Elliott Street, Detroit, Michigan. (4) Commandant.--The term ``Commandant'' means the Commandant of the United States Coast Guard. (5) EDC.--The term ``EDC'' means the Economic Development Corporation of the City of Detroit. (6) Exchange maps.--The term ``exchange maps'' means the maps entitled ``Atwater Street Land Exchange Maps'' prepared pursuant to subsection (h). (7) Federal land.--The term ``Federal land'' means approximately 1.26 acres of real property, including any improvements thereon, as depicted on the exchange maps, that is commonly identified as 2660 Atwater Street, Detroit, Michigan, and under the administrative control of the United States Coast Guard. (8) Sector detroit.--The term ``Sector Detroit'' means Coast Guard Sector Detroit of the Ninth Coast Guard District. (b) Conveyance Authorized.--The Commandant of the Coast Guard, in coordination with the Administrator, may convey to the EDC all right, title, and interest in and to the Federal land. (c) Consideration.-- (1) In general.--As consideration for the conveyance under subsection (b)-- (A) the City shall convey to the United States all right, title, and interest in and to the City land; and (B) the EDC shall construct a facility and parking lot acceptable to the Commandant of the Coast Guard. (2) Equalization payment option.-- (A) In general.--The Commandant of the Coast Guard may, upon the agreement of the City and the EDC, waive the requirement to construct a facility and parking lot under paragraph (1)(B) and accept in lieu thereof an equalization payment from the City equal to the difference between the value, as determined by the Administrator at the time of transfer, of the Federal land and the City land. (B) Availability of funds.--Any amounts received pursuant to subparagraph (A) shall be available without further appropriation and shall remain available until expended to construct, expand, or improve facilities related to Sector Detroit's aids to navigation or vessel maintenance. (d) Conditions of Exchange.-- (1) Covenants.--All conditions placed within the deeds of title shall be construed as covenants running with the land. (2) Authority to accept quitclaim deed.--The Commandant may accept a quitclaim deed for the City land and may convey the Federal land by quitclaim deed. (3) Environmental remediation.--Prior to the time of the exchange, the Coast Guard and the City shall remediate any and all contaminants existing on their respective properties to levels required by applicable state and Federal law. (e) Authority To Enter Into License or Lease.--The Commandant may enter into a license or lease agreement with the Detroit Riverfront Conservancy for the use of a portion of the Federal land for the Detroit Riverfront Walk. Such license or lease shall be at no cost to the City and upon such other terms that are acceptable to the Commandant, and shall terminate upon the exchange authorized by this section, or the date specified in subsection (h), whichever occurs earlier. (f) Map and Legal Descriptions of Land.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Commandant shall file with the Committee on Commerce, Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives maps, entitled ``Atwater Street Land Exchange Maps,'' which depict the Federal land and the City lands and provide a legal description of each property to be exchanged. (2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Commandant may correct typographical errors in the maps and each legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Coast Guard and the City of Detroit. (g) Additional Terms and Conditions.--The Commandant may require such additional terms and conditions in connection with the exchange under this section as the Commandant considers appropriate to protect the interests of the United States. (h) Expiration of Authority To Convey.--The authority to enter into an exchange authorized by this section shall expire 3 years after the date of enactment of this Act. ______ SA 2279. Mr. ENSIGN (for himself, Mr. Coleman, and Mr. Craig) submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title X, add the following: SEC. 1031. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES. (a) Authority To Provide Assistance.-- (1) Support as part of drill and instruction.--With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform annual training duty under section 502(a) of title 32, United States Code, to carry out in any State along the southern land border of the United States the activities authorized in subsection (b), for the purpose of securing such border. Such duty shall not exceed 21 days in any year. (2) Additional support.--With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform duty under section 502(f) of title 32, United States Code, to provide command, control, and continuity of support for units or personnel performing annual training duty under paragraph (1). (b) Authorized Activities.--The activities authorized by this subsection are any activities as follows: (1) Ground reconnaissance activities. (2) Airborne reconnaissance activities. (3) Logistical support. (4) Provision of translation services and training. (5) Administrative support services. (6) Technical training services. (7) Emergency medical assistance and services. (8) Communications services. (9) Rescue of aliens in peril. (10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States. (11) Ground and air transportation. (c) Cooperative Agreements.--Units and personnel of the National Guard of a State may perform activities in another State under subsection (a) only pursuant to the terms of an emergency management assistance compact or other cooperative arrangement entered into between Governors of such States for purposes of this section, and only with the approval of the Secretary of Defense. (d) Coordination of Assistance.--The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Governors of the States concerned, coordinate the performance of activities under this section by units and personnel of the National Guard. (e) Annual Training.--Annual training duty performed by members of the National Guard under subsection (a) shall be appropriate for the units and individual members concerned, taking into account the types of units and military occupational specialties of individual members performing such duty. (f) Prohibition on Direct Participation in Law Enforcement.--Activities carried out under the authority of this section shall not include the direct participation of a member of the National Guard in a search, seizure, arrest, or similar activity. (g) Definitions.--In this section: (1) Governor of a state.--The term ``Governor of a State'' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. (2) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) State along the southern land border of the united states.--The term ``State along the southern land border of the United States'' means each of the following: (A) The State of Arizona. (B) The State of California. (C) The State of New Mexico. (D) The State of Texas. (h) Duration of Authority.--The authority of this section shall expire on January 1, 2009. ______ SA 2280. Mr. WARNER submitted an amendment intended to be proposed to amendment SA 2165 submitted by Mr. Bond (for himself and Mr. Leahy) 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, [[Page S9485]] 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: TITLE XVI--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS SEC. 1601. SHORT TITLE. This title may be cited as the ``National Guard Empowerment Act of 2007''. SEC. 1602. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU. (a) Expanded Authority.-- (1) In general.--Subsection (a) of section 10501 of title 10, United States Code, is amended by striking ``joint bureau of the Department of the Army and the Department of the Air Force'' and inserting ``joint activity of the Department of Defense''. (2) Purpose.--Subsection (b) of such section is amended by striking ``between'' and all that follows and inserting ``between-- ``(1)(A) the Secretary of Defense, the Joint Chiefs of Staff, and the commanders of the combatant commands of the United States, and (B) the Department of the Army and the Department of the Air Force; and ``(2) the several States.''. (b) Enhancements of Position of Chief of National Guard Bureau.-- (1) Advisory function on national guard matters.-- Subsection (c) of section 10502 of title 10, United States Code, is amended by inserting ``to the Secretary of Defense, to the Chairman of the Joint Chiefs of Staff,'' after ``principal adviser''. (2) Grade.--Subsection (d) of such section is amended by striking ``lieutenant general'' and inserting ``general''. (3) Annual report to congress on validated requirements.-- Section 10504 of such title is amended by adding at the end the following new subsection: ``(c) Annual Report on Validated Requirements.--Not later than December 31 each year, the Chief of the National Guard Bureau shall submit to Congress a report on the following: ``(1) The requirements validated under section 10503a(b)(1) of this title during the preceding fiscal year. ``(2) The requirements referred to in paragraph (1) for which funding is to be requested in the next budget for a fiscal year under section 10544 of this title. ``(3) The requirements referred to in paragraph (1) for which funding will not be requested in the next budget for a fiscal year under section 10544 of this title.''. (c) Enhancement of Functions of National Guard Bureau.-- (1) Additional general functions.--Section 10503 of title 10, United States Code, is amended-- (A) by redesignating paragraph (12) as paragraph (13); and (B) by inserting after paragraph (11) the following new paragraph (12): ``(12) Facilitating and coordinating with other Federal agencies, and with the several States, the use of National Guard personnel and resources for and in contingency operations, military operations other than war, natural disasters, support of civil authorities, and other circumstances.''. (2) Military assistance for civil authorities.--Chapter 1011 of such title is further amended by inserting after section 10503 the following new section: ``Sec. 10503a. Functions of National Guard Bureau: military assistance to civil authorities ``(a) Identification of Additional Necessary Assistance.-- The Chief of the National Guard Bureau shall-- ``(1) identify gaps between Federal and State capabilities to prepare for and respond to emergencies; and ``(2) make recommendations to the Secretary of Defense on programs and activities of the National Guard for military assistance to civil authorities to address such gaps. ``(b) Scope of Responsibilities.--In meeting the requirements of subsection (a), the Chief of the National Guard Bureau shall, in coordination with the adjutants general of the States, have responsibilities as follows: ``(1) To validate the requirements of the several States and Territories with respect to military assistance to civil authorities. ``(2) To develop doctrine and training requirements relating to the provision of military assistance to civil authorities. ``(3) To acquire equipment, materiel, and other supplies and services for the provision of military assistance to civil authorities. ``(4) To assist the Secretary of Defense in preparing the budget required under section 10544 of this title. ``(5) To administer amounts provided the National Guard for the provision of military assistance to civil authorities. ``(6) To carry out any other responsibility relating to the provision of military assistance to civil authorities as the Secretary of Defense shall specify. ``(c) Consultation.--The Chief of the National Guard Bureau shall carry out activities under this section in consultation with the Secretary of the Army and the Secretary of the Air Force.''. (3) Budgeting for training and equipment for military assistance to civil authorities and other domestic missions.--Chapter 1013 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations ``(a) In General.--The budget justification documents materials submitted to Congress in support of the budget of the President for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) shall specify separate amounts for training and equipment for the National Guard for purposes of military assistance to civil authorities and for other domestic operations during such fiscal year. ``(b) Scope of Funding.--The amounts specified under subsection (a) for a fiscal year shall be sufficient for purposes as follows: ``(1) The development and implementation of doctrine and training requirements applicable to the assistance and operations described in subsection (a) for such fiscal year. ``(2) The acquisition of equipment, materiel, and other supplies and services necessary for the provision of such assistance and such operations in such fiscal year.''. (4) Limitation on increase in personnel of national guard bureau.--The Secretary of Defense shall, to the extent practicable, ensure that no additional personnel are assigned to the National Guard Bureau in order to address administrative or other requirements arising out of the amendments made by this subsection. (d) Conforming and Clerical Amendments.-- (1) Conforming amendment.--The heading of section 10503 of title 10, United States Code, is amended to read as follows: ``Sec. 10503. Functions of National Guard Bureau: charter''. (2) Clerical amendments.--(A) The table of sections at the beginning of chapter 1011 of such title is amended by striking the item relating to section 10503 and inserting the following new items: ``10503. Functions of National Guard Bureau: charter. ``10503a. Functions of National Guard Bureau: military assistance to civil authorities.''. (B) The table of sections at the beginning of chapter 1013 of such title is amended by adding at the end the following new item: ``10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations.''. SEC. 1603. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST. (a) Sense of Congress.--It is the sense of Congress that, whenever officers are considered for promotion to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active duty list, officers of the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade. (b) Proposal.--The Secretary of Defense shall submit to Congress a proposal for mechanisms to achieve the objective specified in subsection (a). The proposal shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in order to achieve that objective. (c) Notice Accompanying Nominations.--The President shall include with each nomination of an officer to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active-duty list that is submitted to the Senate for consideration a certification that all reserve officers who were eligible for consideration for promotion to such grade were considered in the making of such nomination. SEC. 1604. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT GENERAL GRADE. (a) Treatment of Service as Adjutant General as Joint Duty Experience.-- (1) Directors of army and air national guard.--Section 10506(a)(3) of title 10, United States Code, is amended-- (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph (C): ``(C) Service of an officer as adjutant general shall be treated as joint duty experience for purposes of subparagraph (B)(ii).''. (2) Other officers.--The service of an officer of the Armed Forces as adjutant general, or as an officer (other than adjutant general) of the National Guard of a State who performs the duties of adjutant general under the laws of such State, shall be treated as joint duty or joint duty experience for purposes of any provisions of law required such duty or experience as a condition of promotion. (b) Reports on Promotion of Reserve Major Generals to Lieutenant General Grade.-- (1) Review required.--The Secretary of the Army and the Secretary of the Air Force shall each conduct a review of the promotion practices of the military department concerned in order to identify and assess the practices of such military department in the promotion of reserve officers from major general grade to lieutenant general grade. (2) Reports.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Air Force shall each submit to the congressional defense committees a report on the review conducted by such official under paragraph (1). Each report shall set forth-- [[Page S9486]] (A) the results of such review; and (B) a description of the actions intended to be taken by such official to encourage and facilitate the promotion of additional reserve officers from major general grade to lieutenant general grade. SEC. 1605. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL GUARD OFFICER. (a) In General.--The position of Deputy Commander of the United States Northern Command shall be filled by a qualified officer of the National Guard who is eligible for promotion to the grade of lieutenant general. (b) Purpose.--The purpose of the requirement in subsection (a) is to ensure that information received from the National Guard Bureau regarding the operation of the National Guard of the several States is integrated into the plans and operations of the United States Northern Command. SEC. 1606. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE ANNUAL PLAN FOR RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS. (a) Requirement for Annual Plan.--Not later than March 1, 2008, and each March 1 thereafter, the Secretary of Defense, in consultation with the commander of the United States Northern Command and the Chief of the National Guard Bureau, shall prepare and submit to Congress a plan for coordinating the use of the National Guard and members of the Armed Forces on active duty when responding to natural disasters, acts of terrorism, and other man-made disasters as identified in the national planning scenarios described in subsection (e). (b) Information To Be Provided to Secretary.--To assist the Secretary of Defense in preparing the plan, the National Guard Bureau, pursuant to its purpose as channel of communications as set forth in section 10501(b) of title 10, United States Code, shall provide to the Secretary information gathered from Governors, adjutants general of States, and other State civil authorities responsible for homeland preparation and response to natural and man-made disasters. (c) Two Versions.--The plan shall set forth two versions of response, one using only members of the National Guard, and one using both members of the National Guard and members of the regular components of the Armed Forces. (d) Matters Covered.--The plan shall cover, at a minimum, the following: (1) Protocols for the Department of Defense, the National Guard Bureau, and the Governors of the several States to carry out operations in coordination with each other and to ensure that Governors and local communities are properly informed and remain in control in their respective States and communities. (2) An identification of operational procedures, command structures, and lines of communication to ensure a coordinated, efficient response to contingencies. (3) An identification of the training and equipment needed for both National Guard personnel and members of the Armed Forces on active duty to provide military assistance to civil authorities and for other domestic operations to respond to hazards identified in the national planning scenarios. (e) National Planning Scenarios.--The plan shall provide for response to the following hazards: (1) Nuclear detonation, biological attack, biological disease outbreak/pandemic flu, the plague, chemical attack- blister agent, chemical attack-toxic industrial chemicals, chemical attack-nerve agent, chemical attack-chlorine tank explosion, major hurricane, major earthquake, radiological attack-radiological dispersal device, explosives attack- bombing using improvised explosive device, biological attack- food contamination, biological attack-foreign animal disease and cyber attack. (2) Any other hazards identified in a national planning scenario developed by the Homeland Security Council. SEC. 1607. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD EQUIPMENT. Section 10541 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Each report under this section concerning equipment of the National Guard shall also include the following: ``(1) A statement of the accuracy of the projections required by subsection (b)(5)(D) contained in earlier reports under this section, and an explanation, if the projection was not met, of why the projection was not met. ``(2) A certification from the Chief of the National Guard Bureau setting forth an inventory for the preceding fiscal year of each item of equipment-- ``(A) for which funds were appropriated; ``(B) which was due to be procured for the National Guard during that fiscal year; and ``(C) which has not been received by a National Guard unit as of the close of that fiscal year.''. ______ SA 2281. 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 congressional defense committees 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 2282. 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 to facilitate access to services supporting their health and well-being 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 [[Page S9487]] liaison officers to coordinate with the permanent office staff. The Center may also enter into partnerships with other public entities, including, but not limited to, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, for access to necessary substance abuse and mental health treatment services from local State-licensed service providers. (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 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 Affiars, 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 or 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 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 2283. Mr. BAUCUS (for himself and Mr. Tester) submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title XXVIII, insert the following: SEC. 2854. RIGHT OF RECOUPMENT RELATED TO LAND CONVEYANCE, HELENA, MONTANA. Section 2843(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3525) is amended to read as follows: ``(b) Effect of Reconveyance or Lease.-- ``(1) Reconveyance.--If, at any time during the 10-year period following the conveyance of property under subsection (a), the Helena Indian Alliance reconveys all or any part of the conveyed property, the Alliance shall pay to the United States an amount equal to the fair market value of the reconveyed property as of the time of the reconveyance, excluding the value of any improvements made to the property by the Alliance, as determined by the Secretary in accordance with Federal appraisal standards and procedures. ``(2) Lease.--The Secretary may treat a lease of property conveyed under subsection (a) within such 10-year period as a reconveyance if the Secretary determines that the lease is being used to avoid application of paragraph (1).''. ______ SA 2284. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title V, add the following: SEC. 522. LIMITATION ON ENLISTMENT OF FELONS IN THE ARMED FORCES. Notwithstanding the second sentence of section 504(a) of title 10, United States Code, or any other provision of law, in any fiscal year the percentage of the total number of individuals enlisting in an Armed Force who are individuals convicted of a felony may not exceed the percentage of the total number of individuals enlisting in such Armed Force in fiscal year 2001 who were individuals convicted of a felony, except pursuant to a law enacted by Congress after the date of the enactment of this Act. ______ SA 2285. Mrs. BOXER 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 [[Page S9488]] year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title III, add the following: SEC. 358. REPORTS ON NATIONAL GUARD READINESS FOR DOMESTIC EMERGENCIES. (a) Annual Reports on Equipment.--Section 10541(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(9) An assessment of the extent to which the National Guard possesses the equipment required to respond to domestic emergencies, including large scale, multi-State disasters and terrorist attacks. ``(10) An assessment of the shortfalls, if any, in National Guard equipment throughout the United States, and an assessment of the effect of such shortfalls on the capacity of the National Guard to respond to domestic emergencies. ``(11) Strategies and investment priorities for equipment for the National Guard to ensure that the National Guard possesses the equipment required to respond in a timely and effective way to domestic emergencies.''. (b) Inclusion of National Guard Readiness in Quarterly Personnel and Unit Readiness Report.--Section 482 of such title is amended-- (1) in subsection (a), by striking ``and (e)'' and inserting ``(e), and (f)''; (2) by redesignating subsection (f) as subsection (g); (3) by inserting after subsection (e) the following new subsection (f): ``(f) Readiness of National Guard to Perform Civil Support Missions.--(1) Each report shall also include an assessment of the readiness of the National Guard to perform tasks required to support the National Response Plan for support to civil authorities. ``(2) Any information in a report under this subsection that is relevant to the National Guard of a particular State shall also be made available to the Governor of that State.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to reports submitted after the date of the enactment of this Act. (d) Report on Implementation.-- (1) In general.--As part of the budget justification materials submitted to Congress in support of the budget of the President for fiscal year 2009 (as submitted under section 1105 of title 31, United States Code), the Secretary of Defense shall submit to the congressional defense committees a report on actions taken by the Secretary to achieve the implementation of the amendments made by this section. (2) Elements.--The report under paragraph (1) shall include a description of the mechanisms to be utilized by the Secretary for assessing the personnel, equipment, and training readiness of the National Guard, including the standards and measures that will be applied and mechanisms for sharing information on such matters with the Governors of the States. ______ SA 2286. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title X, add the following: SEC. 1044. REPORT ON EMPLOYMENT AND REEMPLOYMENT DISCRIMINATION COMPLAINTS OF RESERVES RECEIVED BY DEPARTMENT OF DEFENSE UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994. Section 4332 of title 38, United States Code, is amended-- (1) by redesignating paragraphs (2), (3), (4), (5), and (6) as paragraphs (3), (4), (5), (6), and (7) respectively; (2) by inserting after paragraph (1) the following new paragraph (2): ``(2) The number of complaints in aggregate received by the Department of Defense under this chapter during the fiscal year for which the report is made regarding violations of the employment and reemployment rights of Reserves under this chapter.''; and (3) in paragraph (5), as so redesignated, by striking ``(2), or (3)'' and inserting ``(2), (3), or (4)''. ______ SA 2287. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title X, add the following: SEC. 1044. COMPTROLLER GENERAL REPORT ON WAIVERS FOR ENLISTMENT IN THE ARMED FORCES. (a) In General.--Not later than April 1, 2008, the Comptroller General of the United States shall submit to Congress a report on the moral, medical, aptitude, and other waivers for enlistment in the Armed Forces that have been granted by the Secretaries of the military departments since the onset of combat operations in Afghanistan on October 7, 2001. (b) Comparative Evaluation.--For purposes of preparing the report, the Comptroller General shall evaluate the waivers described in subsection (a) that were granted during each of fiscal years 2000 and 2001. (c) Elements.--The report required by subsection (a) shall include the following: (1) The number of waivers described in that subsection that have been granted each fiscal year for each Armed Force, including-- (A) the total number granted for each Armed Force; and (B) the number of each type granted, whether moral, medical, aptitude, or other. (2) An assessment of the soundness of the review process utilized by each military department for the granting of such waivers. (3) A statement of the reasons for any increase in such waivers granted by fiscal year. (4) An assessment of the effects of the granting of such waivers on the Armed Forces, including the particular effects of the increase in the number of such waivers over time. ______ SA 2288. Mrs. BOXER (for herself, Mr. Lieberman, Mr. Harkin, Mr. Obama, and Mr. Kennedy) 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. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF DEFENSE MENTAL HEALTH TASK FORCE. (a) In General.--The Secretary of Defense shall implement the recommendations of the Department of Defense Task Force on Mental Health developed pursuant to section 723 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3348) as soon as practicable to ensure a full continuum of psychological health services and care for members of the Armed Forces and their families. (b) Implementation of Certain Recommendations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall implement the following recommendations of the Department of Defense Task Force on Mental Health: (1) The implementation of a comprehensive public education campaign to reduce the stigma associated with mental health problems. (2) The appointment of a psychological director of health for each military department, each military treatment facility, the National Guard, and the Reserve Component, and the establishment of a psychological health council. (3) The establishment of a center of excellence for the study of resilience. (4) The enhancement of TRICARE benefits and care for mental health problems. (5) The implementation of an annual psychological health assessment addressing cognition, psychological functioning, and overall psychological readiness for each member of the Armed Forces, including members of the National Guard and Reserve Component. (6) The development of a model for allocating resources to military mental health facilities, and services embedded in line units, based on an assessment of the needs of and risks faced by the populations served by such facilities and services. (7) The issuance of a policy directive to ensure that each military department carefully assesses the history of occupational exposure to conditions potentially resulting in post-traumatic stress disorder, traumatic brain injury, or related diagnoses in members of the Armed Forces facing administrative or medical discharge. (8) The maintenance of adequate family support programs for families of deployed members of the Armed Forces. (9) The movement of clinical psychologists and clinical social workers into the professional YH medical career group of the National Security Personnel System established pursuant to section 9902 of title 5, United States Code. (c) Recommendations Requiring Statutory Changes.--The Secretary of Defense shall submit to the congressional defense committees as part of the plan required by subsection (f) of section 723 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3348) a description of any statutory changes necessary to implement the recommendations of the Department of Defense Mental Health Task Force. (d) Progress Reports Required.--Not later than 180 days after the date of the enactment of this Act, and every three months thereafter, the Secretary of Defense shall submit to the congressional defense committees a progress report on the status of the implementation of the recommendations of the Department of Defense Mental Health Task Force. ______ SA 2289. Mrs. BOXER (for herself, Ms. Snowe, Mrs. Lincoln, Mr. Kerry, Mr. Rockefeller, Mr. Schumer, Mr. [[Page S9489]] Bingaman, Mr. Feingold, and Mr. Casey) submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle H of title V, add the following: SEC. 594. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN CAPTIVITY. (a) Persons Not Otherwise Eligible for the Purple Heart.-- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1135. Purple heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death ``(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. ``(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart. ``(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 57 of such title is amended by adding at the end the following new item: ``1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death''. ______ SA 2290. 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 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 the aggregate amount included in that budget for the Department of Defense for health care for such fiscal year is less than the aggregate amount provided by Congress for the Department for health care for such preceding fiscal year, and, in the case of the Department, 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 or allocation to any military department is in the national interest; and (2) the anticipated effects of the inclusion of such lesser aggregate amount or allocation to any military department on the access to and delivery of medical and support services to members of the Armed Forces and their family members. ______ SA 2291. Ms. CANTWELL (for herself, Mrs. Murray, Mr. Craig, and Mr. Crapo) 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 III, add the following: SEC. 358. REPORT ON SEARCH AND RESCUE CAPABILITIES OF AIR FORCE IN NORTHWESTERN UNITED STATES. (a) Report.--Not later than April 1, 2008, the Secretary of the Air Force shall submit to the appropriate congressional committees a report on the search and rescue capabilities of the Air Force in the northwestern United States. (b) Content.--The report required under subsection (a) shall include the following: (1) An assessment of the search and rescue capabilities required to support Air Force operations and training. (2) A description of the compliance of the Air Force with the 1999 United States National Search and Rescue Plan (NSRP) for Washington, Oregon, Idaho, and Montana. (3) An inventory and description of search and rescue assets of the Air Force that are available to meet such requirements. (4) A description of the utilization during the previous three years of such search and rescue assets. (5) The plans of the Air Force to meet current and future search and rescue requirements in the northwestern United States, including with respect to risk assessment services for Air Force missions and compliance with the NSRP. (c) Use of Report for Purposes of Certification Regarding Search and Rescue Capabilities.--Section 1085 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 113 note) is amended by striking ``unless the Secretary first certifies'' and inserting ``unless the Secretary, after reviewing the search and rescue capabilities report prepared by the Secretary of the Air Force under section 358 of the National Defense Authorization Act for Fiscal Year 2008, first certifies''. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Appropriations of the House of Representatives. ______ SA 2292. 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 title III, add the following: SEC. 358. CONTINUITY OF DEPOT OPERATIONS TO RESET COMBAT EQUIPMENT AND VEHICLES IN SUPPORT OF WARS IN IRAQ AND AFGHANISTAN. (a) Findings.--Congress makes the following findings: (1) The United States Armed Forces, particularly the Army and the Marine Corps, are currently engaged in a tremendous effort to reset equipment that was damaged and worn in combat operations in Iraq and Afghanistan. (2) The implementing guidance from the Under Secretary of Defense for Acquisition, Technology, and Logistics related to the decisions of the 2005 Defense Base Closure and Realignment Commission (BRAC) to transfer depot functions appears not to differentiate between external supply functions and in-process storage functions related to the performance of depot maintenance. (3) Given the fact that up to 80 percent of the parts involved in the vehicle reset process are reclaimed and refurbished, the transfer of this inherently internal depot maintenance function to the Defense Logistics Agency could severely disrupt production throughput, generate increased costs, and negatively impact Army and Marine Corps equipment reset efforts. (4) The goal of the Department of Defense, the Defense Logistics Agency, and the 2005 Defense Base Closure and Realignment Commission is the reengineering of businesses processes in order to achieve higher efficiency and cost savings. (b) Report.-- (1) In general.--Not later than June 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the challenges of implementing the transfer of depot functions and the impacts on production, including parts reclamation and refurbishment. (2) Content.--The report required under paragraph (1) shall describe-- (A) the sufficiency of the business plan to transfer depot functions to accommodate a timely and efficient transfer without the disruption of depot production; (B) a description of the completeness of the business plan in addressing part reclamation and refurbishment; (C) the estimated cost of the implementation and what savings are likely be achieved; (D) the impact of the transfer on the Defense Logistics Agency and depot hourly rates due to the loss of budgetary control of the depot commander over overtime pay for in- process parts supply personnel, and any other relevant rate- related factors; (E) the number of personnel positions affected; (F) the sufficiency of the business plan to ensure the responsiveness and availability of [[Page S9490]] Defense Logistics supply personnel to meet depot throughput needs, including potential impact on depot turnaround time; and (G) the impact of Defense Logistics personnel being outside the chain of command of the depot commander in terms of overtime scheduling and meeting surge requirements. (3) Government accountability office assessment.--Not later than September 30, 2008, the Comptroller General of the United States shall review the report submitted under paragraph (1) and submit to the congressional defense committees an independent assessment of the matters addressed in such report, as requested by the Chairman of the Committee on Armed Services of the House of Representatives. ______ SA 2293. 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 D of title I, add the following: SEC. 143. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E TACTICAL AIRLIFT AIRCRAFT. The Secretary of the Air Force may transfer not more than three C-130E tactical airlift aircraft, allowed to be retired under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), to the Government of Iraq. ______ SA 2294. 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) Acquisition Workforce Assessment and Plan.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop an assessment and plan for addressing gaps in the acquisition workforce of the Department of Defense. (2) Content of assessment.--The assessment developed under paragraph (1) shall identify-- (A) the skills and competencies needed in the military and civilian workforce of the Department of Defense to effectively manage the acquisition programs and activities of the Department over the next decade; (B) the skills and competencies of the existing military and civilian acquisition workforce of the Department and projected trends in that workforce based on expected losses due to retirement and other attrition; and (C) gaps in the existing or projected military and civilian acquisition workforce that should be addressed to ensure that the Department has access to the skills and competencies identified pursuant to subparagraph (A). (3) Content of plan.--The plan developed under paragraph (1) shall establish specific objectives for developing and reshaping the military and civilian acquisition workforce of the Department of Defense to address the gaps in skills and competencies identified under paragraph (2). The plan shall include-- (A) specific recruiting and retention goals; and (B) specific strategies for developing, training, deploying, compensating, and motivating the military and civilian acquisition workforce of the Department to achieve such goals. (4) Annual updates.--Not later than March 1 of each year from 2009 through 2012, the Secretary of Defense shall update the assessment and plan required by paragraph (1). Each update shall include the assessment of the Secretary of the progress the Department has made to date in implementing the plan. (5) Spending of amounts in fund in accordance with plan.-- Beginning on October 1, 2008, amounts in the Fund shall be expended in accordance with the plan required under paragraph (1) and the annual updates required under paragraph (4). (6) Reports.--Not later than 30 days after developing the assessment and plan required under paragraph (1) or preparing an annual update required under paragraph (4), the Secretary of Defense shall submit to the congressional defense committees a report on the assessment and plan or annual update, as the case may be. ______ SA 2295. Mr. BOND (for himself and Mr. Rockefeller) 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 1063. ______ SA 2296. Mr. BOND (for himself and Mr. Rockefeller) 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 305, line 16, strike ``a summary'' and insert ``an unclassified summary''. ______ SA 2297. Mr. BOND (for himself and Mr. Rockefeller) 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 304, beginning on line 20, strike ``that is similar to that provided for defense counsel in a military commission under section 949j of title 10, United States Code;'' and insert ``that is consistent with the procedures to obtain witnesses and other evidence under section 949j of title 10, United States Code;''. ______ SA 2298. Mr. BOND 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 1064 and insert the following: SEC. 1064. SECURITY CLEARANCES; LIMITATIONS. (a) In General.--Title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended by adding at the end the following new section: ``SEC. 3002. SECURITY CLEARANCES; LIMITATIONS. ``(a) Definitions.--In this section: ``(1) Congressional intelligence committees.--The term `congressional intelligence committees' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a). ``(2) Controlled substance.--The term `controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). ``(3) Covered person.--The term `covered person' means-- ``(A) an officer or employee of a Federal agency; ``(B) a member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status; and ``(C) an officer or employee of a contractor of a Federal agency. ``(4) Restricted data.--The term `Restricted Data' has the meaning given that term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014). ``(5) Special access program.--The term `special access program' has the meaning given that term in section 4.1 of Executive Order 12958 (60 Fed. Reg. 19825). ``(b) Prohibition.--After January 1, 2008, the head of a Federal agency may not grant or renew a security clearance for a covered person who is-- ``(1) an unlawful user of, or is addicted to, a controlled substance; or ``(2) mentally incompetent, as determined by a mental health professional approved by the applicable Federal agency. ``(c) Disqualification.-- ``(1) In general.--After January 1, 2008, absent an express written waiver granted in accordance with paragraph (2), the head of a Federal agency may not grant or renew a security clearance described in paragraph (3) for a covered person who has been-- ``(A) convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding 1 year, and was incarcerated as a result of that sentence for not less than 1 year; or ``(B) discharged or dismissed from the Armed Forces under dishonorable conditions. ``(2) Waiver authority.--In a meritorious case, an exception to the disqualification in this subsection may be authorized if there are mitigating factors. Any such waiver may be authorized only in accordance with standards and procedures prescribed by, or under the authority of, an Executive Order or other guidance issued by the President. ``(3) Covered security clearances.--This subsection applies to security clearances that provide for access to-- ``(A) special access programs; ``(B) Restricted Data; or ``(C) any other information commonly referred to as `sensitive compartmented information'. [[Page S9491]] ``(4) Annual report.--Not later than February 1 of each year, the head of a Federal agency shall submit a report to the congressional intelligence committees and to each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency, if such agency employs or employed a person for whom a waiver was granted in accordance with paragraph (2) during the preceding year. Such annual report shall not reveal the identity of such person, but shall include for each waiver issued the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor.''. (b) Conforming Amendments.-- (1) Repeal.--Section 986 of title 10, United States Code, is repealed. (2) Clerical amendment.--The table of sections at th beginning of chapter 49 of such title is amended by striking the item relating to section 986. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 2008. ______ SA 2299. Ms. SNOWE (for herself and Mr. Kerry) 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: On page 235, between lines 6 and 7, insert the following: (4) For any action addressed under paragraph (3)-- (A) the impact of that action on small business concerns (as that term is defined in section 3 of the Small Business Act (15 U.S.C. 632)); and (B) how contractors and subcontractors that are small business concerns may assist in addressing any such disadvantage. ______ SA 2300. Ms. SNOWE 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: On page 351, strike lines 7 through 10 and insert the following: (v) the Committee on Foreign Relations; (vi) the Committee on Small Business and Entrepreneurship; and (vii) the Select Committee on Intelligence. ______ SA 2301. Ms. SNOWE 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. 10__. HUBZONES. (a) Designation as a HUBZone.-- (1) In general.--Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended-- (A) in paragraph (4)(D)-- (i) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and adjusting the margin accordingly; (ii) by striking ``means lands'' and inserting the following ``means-- ``(i) lands''; and (iii) by striking the period at the end and inserting the following: ``; and ``(ii) during the applicable period, areas adjacent to or within commuting distance of lands described in clause (i) that are directly economically affected by the closing of a military installation, as determined by the Secretary of Housing and Urban Development.''; and (B) by adding at the end the following: ``(8) Applicable period.--The term `applicable period'-- ``(A) means the 2-year period beginning on the date on which the Secretary of Housing and Urban Development makes the relevant determination described in paragraph (4)(D)(ii); and ``(B) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the date described in subparagraph (A).''. (2) Applicability.--The amendments made by paragraph (1) shall apply to the closing of any military installation that occurs on or after the date that is 5 years before the date of enactment of this Act. (b) Tolling of Graduation.--Section 7(j)(10)(C) of the Small Business Act (15 U.S.C. 636(j)(10)(C)) is amended by adding at the end the following: ``(iii)(I) For purposes of this subparagraph, if an area is designated as a HUBZone under section 3(p)(4)(D)(ii)), the Administrator shall not count the time period described in subclause (II) of this clause for any small business concern-- ``(aa) that is participating in any program, activity, or contract under section 8(a); and ``(bb) the principal place of business of which is located in that area. ``(II) The time period for purposes of subclause (I) shall be-- ``(aa) the 2-year period beginning on the date on which the Secretary of Housing and Urban Development makes the relevant determination described in section 3(p)(4)(D)(ii); and ``(bb) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the date described in item (aa).''. ______ SA 2302. Mr. DeMINT (for himself, Mr. Inhofe, and Mr. Coburn) 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. INAPPLICABILITY OF LIMITATIONS ON RETIREMENT TO AIRCRAFT PREVIOUSLY CLASSIFIED AS IN ``XJ'' STATUS. No prohibition or limitation on the retirement of aircraft under this subtitle, or under any other provision of law, shall apply with respect to any aircraft classified as in ``XJ'' status before the date of the enactment of this Act. ______ SA 2303. Mr. DeMINT 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 of C of title XXVIII, add the following: SEC. 2836. RIGHT OF FIRST REFUSAL FOR LOCAL ENTITIES TO PURCHASE REAL PROPERTY COVERED BY JOINT USE AGREEMENTS. (a) In General.--Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2697. Right of first refusal for local entities to purchase real property covered by joint use agreements ``(a) Right of First Refusal.--The Secretary of a military department may not convey any real property at a military installation located in the continental United States that is subject to a joint use agreement with a State or local governmental entity to any other non-Federal agency until the State or local governmental entity that is party to such agreement has been offered the right of first refusal to such property and has declined to purchase such property.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2696 the following new item: ``2697. Right of first refusal for local entities to purchase real property covered by joint use agreements.''. ______ SA 2304. 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 E of title X, add the following: SEC. 1070. IMPROVED HOUSING BENEFITS FOR DISABLED MEMBERS OF THE ARMED FORCES AND EXPANDED BENEFITS FOR VETERANS WITH SEVERE BURNS. (a) Home Improvements and Structural Alterations for Totally Disabled Members of the Armed Forces Before Discharge or Release From the Armed Forces.--Section 1717 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) In the case of a member of the Armed Forces who, as determined by the Secretary, has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service, the Secretary may furnish improvements and structural alterations for such member for such disability or as otherwise described in subsection (a)(2) while such member is hospitalized or receiving outpatient medical care, services, or treatment for such disability if the Secretary determines that such member is likely to be discharged or released from the Armed Forces for such disability. ``(2) The furnishing of improvements and alterations under paragraph (1) in connection with the furnishing of medical services [[Page S9492]] described in subparagraph (A) or (B) of subsection (a)(2) shall be subject to the limitation specified in the applicable subparagraph.''. (b) Specially Adapted Housing Assistance for Disabled Veterans With Severe Burns.--Section 2101 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following new subparagraph: ``(E) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).''; and (2) in subsection (b)(2)-- (A) by striking ``either'' and inserting ``any''; and (B) by adding at the end the following new subparagraph: ``(C) The disability is due to a severe burn injury (as so determined).''. (c) Report on Specially Adapted Housing for Disabled Veterans.-- (1) In general.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains an assessment of the adequacy of the authorities available to the Secretary under law to assist disabled veterans in acquiring-- (A) suitable housing units with special fixtures or movable facilities required for their disabilities, and necessary land therefor; (B) such adaptations to their residences as are reasonably necessary because of their disabilities; or (C) residences already adapted with special features determined by the Secretary to be reasonably necessary as a result of their disabilities. (2) Focus on particular disabilities.--The report required by paragraph (1) shall pay particular attention to the needs of veterans who have disabilities that are not described in subsections (a)(2) and (b)(2) of section 2101 of title 38, United States Code. (d) Eligibility of Disabled Veterans and Members of the Armed Forces With Severe Burn Injuries for Automobiles and Adaptive Equipment.--Section 3901(1) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or (iii)'' and inserting ``(iii), or (iv)''; and (B) by adding at the end the following new clause: ``(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary); or''; and (2) in subparagraph (B), by striking ``or (iii)'' and inserting ``(iii), or (iv)''. (e) Adapted Housing Assistance for Disabled Members of the Armed Forces Residing Temporarily in Housing Owned by a Family Member.-- (1) In general.--Subsection (a) of section 2102A of title 38, United States Code, is amended-- (A) by inserting ``(1)'' before ``In the case''; (B) by striking ``disabled veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and'' and inserting ``person described in paragraph (2)''; (C) by striking ``such veteran's'' and inserting ``the person's''; (D) by striking ``the veteran'' and inserting ``the person''; (E) by striking ``the veteran's'' and inserting ``the person's''; and (F) by adding at the end the following new paragraph: ``(2) A person described in this paragraph is-- ``(A) a veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title; or ``(B) a member of the Armed Forces who-- ``(i) has, as determined by the Secretary, a disability permanent in nature described in subsection (a)(2) or (b)(2) of section 2101 of this title that has incurred in the line of duty in the active military, naval, or air service; ``(ii) is hospitalized or receiving outpatient medical care, services, or treatment for such disability; and ``(iii) is likely to be discharged or released from the Armed Forces for such disability.''. (2) Conforming amendments.--Such section is further amended-- (A) in subsection (b), by striking ``veteran'' both places it appears and inserting ``person with a disability''; and (B) in subsection (c), by striking ``veteran'' and inserting ``person''. (3) Report on assistance for disabled veterans and members of the armed forces who reside in housing owned by family member on permanent basis.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the advisability of providing assistance under section 2102A of title 38, United States Code, to veterans and members of the Armed Forces described in subsection (a) of such section, as amended by paragraph (1) of this subsection, who reside with family members on a permanent basis. (f) Redirection of IRS Fees.--Section 3 under the heading ``Administrative Provisions--Internal Revenue Service'' of title I of Public Law 103-329 is amended by striking ``The Secretary of the Treasury may spend'' in the second sentence and inserting ``Except with respect to the first $5,000,000 in receipts which shall be deposited in the general fund of the Treasury as miscellaneous receipts for any fiscal year beginning after September 30, 2007, the Secretary of the Treasury may spend''. ______ SA 2305. Mrs. DOLE submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title X, add the following: SEC. 1012. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE GOVERNMENT OF HAITI. (a) Report Required.--Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report on counternarcotics assistance for the Government of Haiti. (b) Matters to Be Included.--The report required by subsection (a) shall include the following: (1) A description and assessment of the counternarcotics assistance provided to the Government of Haiti by each of the Department of Defense, the Department of State, the Department of Homeland Security, and the Department of Justice. (2) A description and assessment of any impediments to increasing counternarcotics assistance to the Government of Haiti, including corruption and lack of entities available to partner with in Haiti. (3) An assessment of the feasability and advisability of providing additional counternarcotics assistance to the Government of Haiti, including an extension and expansion to the Government of Haiti of Department of Defense authority to provide support for counter-drug activities of certain foreign governments. (4) An assessment of the potential for counternarcotics assistance for the Government of Haiti through the United Nations Stabilization Mission in Haiti. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. ______ SA 2306. Mrs. DOLE submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. INCREASE OF FEDERAL DETENTION SPACE AND UTILIZATION OF FACILITIES IDENTIFIED FOR CLOSURE AS A RESULT OF THE DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990. (a) Construction or Acquisition of Detention Facilities.-- (1) In general.--The Secretary of Homeland Security shall construct or acquire, in addition to existing facilities for the detention of aliens, at least 20 detention facilities in the United States that have the capacity to detain a combined total of not fewer than 20,000 individuals at any time for aliens detained pending removal or a decision on removal of such aliens from the United States subject to available appropriations. (2) Requirement to construct or acquire.--Subject to available appropriations, the Secretary shall construct or acquire additional detention facilities in the United States to accommodate the detention beds required under section 5204(a) of the Intelligence Reform and Terrorism Protection Act of 2004 (Public Law 108-458). (3) Use of alternate detention facilities.--Subject to the availability of appropriations, the Secretary shall fully utilize all possible options to cost effectively increase available detention capacities, and shall utilize detention facilities that are owned and operated by the Federal Government if the use of such facilities is cost effective. (4) Use of installations affected by base closure laws.--In acquiring additional detention facilities under this subsection, the Secretary shall consider the transfer of appropriate portions of military installations approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (5) Determination of location.--The location of any detention facility constructed or acquired under this subsection shall be determined by the senior officer responsible for Detention and Removal Operations in the Department of Homeland Security and approved by the Secretary. The detention facilities shall be located so as to enable the officers and employees of the Department to increase to the maximum extent practicable the annual rate and level of removals of illegal aliens from the United States. (b) Annual Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, in consultation with the heads of other appropriate Federal agencies, the Secretary of Homeland Security shall submit to Congress [[Page S9493]] an assessment of the additional detention facilities and bed space needed to detain unlawful aliens apprehended at the United States ports of entry or along the international land borders of the United States. (c) Technical and Conforming Amendment.--Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting ``shall expend''. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ______ SA 2307. Mr. ENZI (himself and Mr. Barrasso) 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 434, in the table preceding line 1, strike the item relating to Vicenza, Italy. On page 435, line 15, strike ``$5,218,067,000'' and insert ``$5,045,067,000''. On page 435, line 21, strike ``$295,150,000'' and insert ``$122,150,000''. On page 475, in the table preceding line 1, insert after the item relating to Truax Field, Wisconsin, the following: ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Wyoming......................................... Cheyenne Airport................................. $7,600,000 ---------------------------------------------------------------------------------------------------------------- On page 476, line 9, strike ``$216,417,000'' and insert ``$224,017,000''. ______ SA 2308. Mr. SCHUMER 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 395, between lines 14 and 15, insert the following: SEC. 1405A. ADDITIONAL AMOUNT FOR DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES WITH RESPECT TO AFGHANISTAN. (a) Additional Amount for Drug Interdiction and Counter- Drug Activities, Defense-Wide.--The amount authorized to be appropriated by section 1405 for Drug Interdiction and Counter-Drug Activities, Defense-wide, is hereby increased by $162,800,000. (b) Availability.--Of the amount authorized to be appropriated by section 1405 for Drug Interdiction and Counter-Drug Activities, Defense-wide, as increased by subsection (a), $162,800,000 may be available for drug interdiction and counterdrug activities with respect to Afghanistan. (c) Supplement Not Supplant.--The amount available under subsection (b) for the purpose specified in that paragraph is in addition to any other amounts available under this Act for that purpose. (d) Offset.--The amount authorized to be appropriated by section 1509 for Drug Interdiction and Counter-Drug Activities, Defense-wide, for Operation Iraqi Freedom and Operation Enduring Freedom is hereby decreased by $162,800,000. ______ SA 2309. Mr. BIDEN (for himself, Mr. Dodd, 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 subtitle C of title XII, add the following: SEC. 1234. REPORT ON THE AIRFIELD IN ABECHE, CHAD, AND OTHER RESOURCES NEEDED TO PROVIDE STABILITY IN THE DARFUR REGION. (a) Sense of Congress.--It is the sense of Congress that-- (1) the airfield located in Abeche, Republic of Chad, could play a significant role in potential United Nations, African Union, or North Atlantic Treaty Organization humanitarian, peacekeeping, or other military operations in Darfur, Sudan, or the surrounding region; and (2) the capacity of that airfield to serve as a substantial link in such operations should be assessed, along with the projected costs and specific upgrades that would be necessary for its expanded use, should the Government of Chad agree to its improvement and use for such purposes. (b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State, submit to the appropriate committees of Congress a report on the matters as follows: (1) The current capacity of the existing airfield in Abeche, Republic of Chad, including the scope of its current use by the international community in response to the crisis in the Darfur region. (2) The upgrades, and their associated costs, necessary to enable the airfield in Abeche, Republic of Chad, to be improved to be fully capable of accommodating a humanitarian, peacekeeping, or other force deployment of the size foreseen by the recent United Nations resolutions calling for a United Nations deployment to Chad and a hybrid force of the United Nations and African Union operating under Chapter VII of the United Nations Charter for Sudan. (3) The force size and composition of an international effort estimated to be necessary to provide protection to those Darfur civilian populations currently displaced in the Darfur region. (4) The force size and composition of an international effort estimated to be necessary to provide broader stability within the Darfur region. ______ SA 2310. Mr. SALAZAR submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title XXVIII, add the following: SEC. 2864. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS TO ADDRESS ENCROACHMENT OF MILITARY INSTALLATIONS. (a) Findings.--In light of the initial report of the Department of Defense submitted pursuant to section 2684a(g) of title 10, United States Code, and of the RAND Corporation report entitled ``The Thin Green Line: An Assessment of DoD's Readiness and Environmental Protection Initiative to Buffer Installation Encroachment'', Congress makes the following findings: (1) Development and loss of habitat in the vicinity of, or in areas ecologically related to, military installations, ranges, and airspace pose a continuing and significant threat to the readiness of the Armed Forces. (2) The Range Sustainability Program (RSP) of the Department of Defense, and in particular the Readiness and Environmental Protection Initiative (REPI) involving agreements pursuant to section 2684a of title 10, United States Code, have been effective in addressing this threat to readiness with regard to a number of important installations, ranges, and airspace. (3) The opportunities to take effective action to protect installations, ranges, and airspace from encroachment is in many cases transient, and delay in taking action will result in either higher costs or permanent loss of the opportunity effectively to address encroachment. (b) Sense of Congress.--It is the sense of Congress that the Department of Defense should-- (1) develop additional policy guidance on the further implementation of the Range and Environmental Protection Initiative (REPI), to include additional emphasis on protecting biodiversity and on further refining procedures; (2) give greater emphasis to effective cooperation and collaboration on matters of mutual concern with other Federal agencies charged with managing Federal land; (3) ensure that each military department takes full advantage of the authorities provided by section 2684a of title 10, United States Code, in addressing encroachment adversely affecting, or threatening to adversely affect, the installations, ranges, and military airspace of the department; and (4) provide significant additional resources to the program, to include dedicated staffing at the installation level and additional emphasis on outreach programs at all levels. (c) Reporting Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall review Chapter 6 of the initial report submitted to Congress under section 2684a(g) of title 10, United States Code, and report to the congressional defense committees on the specific steps, if any, that the Secretary plans to take, or recommends that Congress take, to address the issues raised in such chapter. ______ SA 2311. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 [[Page S9494]] 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. AFGHANISTAN. (a) United States Policy on the Global War on Terror.--It shall be the policy of the United States Government that the foremost objective of the United States in the Global War on Terror is to capture or kill Osama bin Laden, Ayman al- Zawahiri, and other leaders of al Qaeda and to destroy the al Qaeda network. (b) Statement of Policy on the Afghan National Army.--It shall be the policy of United States to assist the Government of Afghanistan in building and supporting an effective 70,000 soldier Afghan National Army, as agreed to in December 2002 by the Administration of President George W. Bush at the Bonn II conference. (c) Transition of United States Forces in Afghanistan.-- (1) Findings.--Congress makes the following findings: (A) United States efforts in Afghanistan have been complicated by the overriding force of United States attention and resources in Iraq. (B) The longer United States political and military resources are primarily focused in Iraq, the greater chance al Qaeda has of launching another attack against the United States. (C) Consistent with the recommendation of the Iraq Study Group Report, it is critical for the United States to provide additional political, economic, and military support for Afghanistan, including resources that might become available as combat forces are moved from Iraq. (2) Authorization of appropriations.-- (A) In general.-- (i) Central intelligence agency.--There is hereby authorized to be appropriated for the Central Intelligence Agency for fiscal year 2008 such sums as may be necessary to reestablish the Counterterrorist Center unit Bin Laden Issue Station, also known as Alec Station. (ii) Afghan security forces fund.--The amount authorized to be appropriated by section 1512 for Afghan Security Forces Fund is hereby increased by $2,700,000,000, with the amount of the increase to be available to assist the Government of Afghanistan in building and supporting a 70,000 soldier Afghan National Army and adequately equipping Afghan Police Forces. (iii) Drug interdiction and counter-drug activities, defense-wide.--The amount authorized to be appropriated by section 1509 for Drug Interdiction and Counter-Drug Activities, Defense-wide is hereby increased by $257,618,000, with the amount of the increase to be available for drug interdiction and counterdrug activities in Afghanistan and Pakistan. (iv) Operation enduring freedom.--The aggregate amount authorized to be appropriated by this title and available for Operation Enduring Freedom is hereby increased by $26,000,000, with the amount of the increase to be available for additional translators and language translation technologies, including the languages of Pashto and Farsi. (v) Operation enduring freedom.--The aggregate amount authorized to be appropriated by this title and available Operation Enduring Freedom is hereby increased by such sums as are necessary to enhance operations to secure the borders of Pakistan and Iran. (vi) NATO common funded budgets.--The amount authorized to be appropriated by section 1004 for United States Contribution to NATO common-funded budgets is hereby increased by $363,190,000, with the amount of the increase to be available as follows: (I) $362,159,000 for the Military Budget. (II) $1,031,000 for the Civil Budget. (vii) NATO security investment program.--The amount authorized to be appropriated by section 2502 for contributions to the North Atlantic Treaty Organization Security Investment Program is hereby increased by $257,618,000, with the amount of the increase to be available as specified in section 2501. (B) Supplement not supplant.--The amounts authorized to be appropriated by clauses (i) through (vi) of subparagraph (A) for the purposes specified in such clauses are in addition to any other amounts authorized to be appropriated by this Act for such purposes. (d) Implementation of United States Force Reduction in Iraq as Part of Comprehensive Strategy in Afghanistan.-- (1) Deployment of united states forces in iraq during drawdown.--As the United States begins to draw down combat forces in Iraq, the Secretary of Defense may deploy or maintain members of the Armed Forces in Iraq only for the following missions: (A) Protecting United States and Coalition personnel and infrastructure. (B) Training, equipping, and providing logistical support for the Iraqi Security Forces. (C) Conducting targeted counterterrorism operations. (2) Repositioning of forces.--As the drawdown of United States combat forces in Iraq begins, the forces being drawn down should be repositioned to support operations in Afghanistan, including Operation Enduring Freedom, the International Security Assistance Force Afghanistan, and special operations to capture or kill Osama bin Laden, and to increase security cooperation inside Pakistan. (e) Requirements for Deployment of Units.--Each unit of the Armed Forces deploying in support of Operation Iraqi Freedom or Operation Enduring Freedom, including the International Security Assistance Force Afghanistan, should meet a baseline C1 readiness standard before such deployment. ______ SA 2312. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle H of title V, add the following: SEC. 594. PROHIBITION ON THE UNAUTHORIZED USE OF NAMES AND IMAGES OF MEMBERS OF THE ARMED FORCES. (a) Prohibition.--Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 988. Unauthorized use of names and images of members of the armed forces ``(a) Prohibition.--Except with the permission of the individual or individuals designated under subsection (d), no person may knowingly use the name or image of a protected individual in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to connect the protected individual with that individual's service in the armed forces. ``(b) Authority to Enjoin Violations.--Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. ``(c) Protected Individual.--For purposes of this section, a protected individual is any person who-- ``(1) is a member of the armed forces; or ``(2) was a member of the armed forces at any time after April 5, 1917, and, if not living, has a surviving spouse, child, parent, grandparent, or sibling. ``(d) Designated Individual or Individuals.--(1) The individual or individuals designated under this subsection, with respect to a protected individual-- ``(A) is the protected individual, if living; and ``(B) otherwise is the living survivor or survivors of the protected individual highest on the following list: ``(i) The surviving spouse. ``(ii) The children. ``(iii) The parents. ``(iv) The grandparents. ``(v) The siblings. ``(2) In the case of a protected individual for whom more than one individual is designated under clause (ii), (iii), (iv), or (v) of paragraph (1)(B), the prohibition under subsection (a) shall apply unless permission is obtained from each designated individual.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``988. Unauthorized use of names and images of members of the armed forces.''. ______ SA 2313. Mr. HATCH (for himself and Mr. Crapo) submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle H of title X, add the following: SEC. 1070. SENSE OF SENATE ON PROJECT COMPASSION. (a) Findings.--The Senate makes the following findings: (1) It is the responsibility of every citizen of the United States to honor the service and sacrifice of the veterans of the United States, especially those who have made the ultimate sacrifice. (2) In the finest tradition of this sacred responsibility, Kaziah M. Hancock, an artist [[Page S9495]] from central Utah, founded a nonprofit organization called Project Compassion, which endeavors to provide, without charge, to the family of a member of the Armed Forces who has fallen in active duty since the events of September 11, 2001, a museum-quality original oil portrait of that member. (3) To date, Kaziah M. Hancock, four volunteer professional portrait artists, and those who have donated their time to support Project Compassion have presented over 700 paintings to the families of the fallen heroes of the United States. (4) Kaziah M. Hancock and Project Compassion have been honored by the Veterans of Foreign Wars, the American Legion, the Disabled American Veterans, and other organizations with the highest public service awards on behalf of fallen members of the Armed Forces and their families. (b) Sense of Senate.--It is the sense of the Senate that-- (1) Kaziah M. Hancock and the members of Project Compassion have demonstrated, and continue to demonstrate, extraordinary patriotism and support for the Soldiers, Sailors, Airmen and Marines who have given their lives for the United States in Iraq and Afghanistan and have done so without any expectation of financial gain or recognition for these efforts; (2) the people of the United States owe the deepest gratitude to Kaziah M. Hancock and the members of Project Compassion; and (3) the Senate, on the behalf of the people of the United States, commends Kaziah M. Hancock, the four other Project Compassion volunteer professional portrait artists, and the entire Project Compassion organization for their tireless work in paying tribute to those members of the Armed Forces who have fallen in the service of the United States. ____________________