To authorize a land conveyance at the Lewis and Clark United States Army Reserve Center, Bismarck, North Dakota.

TEXT OF AMENDMENTS

SA 2314. Mr. REID submitted an amendment intended to be proposed by
him to the bill H.R. 2669, to provide for reconciliation pursuant to
section 601 of the concurrent resolution on the budget for fiscal year
2008; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 802. CAMPUS-BASED DIGITAL THEFT PREVENTION.

Part G of title IV (20 U.S.C. 1088 et seq.) is amended by
adding at the end the following:

``SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.

``(a) In General.--Each eligible institution participating
in any program under this title which is among those
identified during the prior calendar year by the Secretary
pursuant to subsection (b)(2), shall--
``(1) provide evidence to the Secretary that the
institution has notified students on its policies and
procedures related to the illegal downloading and
distribution of copyrighted materials by students as required
under section 485(a)(1)(P);
``(2) undertake a review, which shall be submitted to the
Secretary, of its procedures and plans related to preventing
illegal downloading and distribution to determine the
program's effectiveness and implement changes to the program
if the changes are needed; and
``(3) provide evidence to the Secretary that the
institution has developed a plan for implementing a
technology-based deterrent to prevent the illegal downloading
or peer-to-peer distribution of intellectual property.
``(b) Identification.--For purposes of carrying out the
requirements of subsection (a), the Secretary shall, on an
annual basis, identify--
``(1) the 25 institutions of higher education participating
in programs under this title, which have received during the
previous calendar year the highest number of written notices
from copyright owners, or persons authorized to act on behalf
of copyright owners, alleging infringement of copyright by
users of the institution's information technology systems,
where such notices identify with specificity the works
alleged to be infringed, or a representative list of works
alleged to be infringed, the date and time of the alleged
infringing conduct together with information sufficient to
identify the infringing user, and information sufficient to
contact the copyright owner or its authorized representative;
and
``(2) from among the 25 institutions described in paragraph
(1), those that have received during the previous calendar
year not less than 100 notices alleging infringement of

[[Page S9515]]

copyright by users of the institution's information
technology systems, as described in paragraph (1).''.
______

SA 2315. Mr. DORGAN 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 XXVIII, add the
following:

SEC. 2854. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES
ARMY RESERVE CENTER, BISMARCK, NORTH DAKOTA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the United Tribes Technical
College all right, title, and interest of the United States
in and to a parcel of real property, including improvements
thereon, consisting of approximately 2 acres located at the
Lewis and Clark United States Army Reserve Center, 3319
University Drive, Bismarck, North Dakota, for the purpose of
supporting Native American education and training.
(b) Reversionary Interest.--
(1) In general.--Subject to paragraph (2), if the Secretary
determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the
purposes of the conveyance specified in such subsection, all
right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States,
and the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing.
(2) Expiration.--The reversionary interest under paragraph
(1) shall expire upon satisfaction of the following
conditions:
(A) The real property conveyed under subsection (a) is used
in accordance with the purposes of the conveyance specified
in such subsection for a period of not less than 30 years
following the date of the conveyance.
(B) The United Tribes Technical College applies to the
Secretary for the release of the reversionary interest.
(C) The Secretary certifies, in a manner that can be filed
with the appropriate land recordation office, that the
condition under subparagraph (A) has been satisfied.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
United Tribes Technical College to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the
United Tribes Technical College in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the United Tribes Technical College.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Real Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
______

SA 2316. Mr. BUNNING submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 827. PROCUREMENT OF UNCONVENTIONAL FUEL.

(a) Procurement Authorized.--Subchapter II of chapter 173
of title 10, United States Code, is amended by adding at the
end the following new section:

``Sec. 2922g. Procurement of unconventional fuel

``(a) Long Term Contracts for Unconventional Fuel.--The
Secretary of Defense may enter into contracts for the
procurement of unconventional fuel. The term of any contract
under this section may be such period as the Secretary
considers appropriate, but not more than 25 years.
``(b) Waiver Authority.--(1) In procuring unconventional
fuel, the Secretary may waive the application of any
provision of law prescribing procedures to be followed in the
formation of contracts, prescribing terms and conditions to
be included in contracts, or regulating the performance of
contracts if the Secretary determines that--
``(A) the waiver is necessary to procure such
unconventional fuel for Government needs; and
``(B) In case of a contract in excess of 5 years, it would
not be possible to procure such unconventional fuel from the
source in an economical manner without the use of a contract
for a period in excess of five years.
``(2) Any waiver that is applicable to a contract for the
procurement of unconventional fuel under this subsection may
also, at the election of the Secretary, apply to a
subcontract under that contract.
``(c) Pricing Authority for Unconventional Fuel Purchased
From Domestic Sources.--(1) The Secretary shall ensure that
any purchase of unconventional fuel under a contract under
this section is cost effective for the Department of Defense.
``(2) The Secretary may procure unconventional fuel from
domestic sources at a price higher than comparable petroleum
products, or include a price guarantee for the procurement of
unconventional fuel from such sources, if the Secretary
determines that--
``(A) such price is necessary to develop or maintain an
assured supply of unconventional fuel produced from domestic
sources; and
``(B) supplies of unconventional fuel from domestic sources
cannot be effectively increased or obtained at lower prices.
``(d) Obligation of Funds.--At the time of award of any
contract for the procurement of unconventional fuel under
this section in excess of one year, the Secretary may
obligate annually funds sufficient to cover the annual costs
of the contract. In the event that funds are not available
for the continuation of the contract in any subsequent years,
the contract shall be cancelled or terminated. The Secretary
may fund any cancellation or termination liability out of
funds originally available at the time of award, funds
currently available at the time termination liability is
incurred, or funds specifically appropriated for those
payments.
``(e) Definitions.--In this section:
``(1) The term `domestic source' means a facility
(including feedstock) located physically in the United States
that produces or generates unconventional fuel.
``(2) The term `unconventional fuel' means transportation
fuel that is derived from a feedstock other than conventional
petroleum and includes transportation services related to the
delivery of such fuel.''.
(b) Clerical Amendment.--The table of sections for at the
beginning of subchapter II of chapter 173 of such title is
amended by adding at the end the following new item:

``2922g. Procurement of unconventional fuel.''.
______

SA 2317. 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 V, add the following:

SEC. 518. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE
SOUTHERN LAND BORDER OF THE UNITED STATES.

(a) Authority To Provide Assistance.--Until operational
control of the border is achieved in accordance with the
Secure Fence Act of 2006 (Public Law 109-367), the Governor
of any State, upon the approval of the Secretary of Defense,
may order any units or personnel of the National Guard of
such State--
(1) 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 under subsection (b) for the purpose of securing
such border; and
(2) to perform duty under section 502(f) of title 32,
United States Code, to provide command, control, and
continuity of support for units and personnel performing
annual training duty under paragraph (1).
(b) Authorized Activities.--The following activities are
authorized under this subsection:
(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.
(12) Identification, interrogation, search, seizure, and
detention of any alien entering

[[Page S9516]]

or attempting to enter the United States in violation of any
law or regulation regarding the admission, exclusion,
expulsion, or removal of aliens, until the alien can be
transferred into the custody of a Border Patrol agent or an
officer of United States Customs and Border Protection.
(c) Cooperative Agreements.--Units and personnel of the
National Guard of a State may only perform activities in
another State under subsection (a) pursuant to the terms of
an emergency management assistance compact or other
cooperative arrangement entered into between the 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, in consultation with the Secretary of Defense and
the governors of the States concerned, may 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. Individual periods of training duty shall not be
limited to 3 weeks per year.
(f) Rules of Engagement.--The Secretary of Homeland
Security, in consultation with the Secretary of Defense and
the governors of the States concerned, shall coordinate the
rules of engagement to be followed by units and personnel of
the National Guard tasked with authorized activities
described in subsection (b)(12). The rules of engagement for
the National Guard shall be equivalent to the rules of
engagement for Border Patrol agents.
(g) Use of Force.--
(1) In general.--Nondeadly force may be used by members of
the National Guard stationed at the southern border in the
identification, interrogation, search, seizure, and detention
of any alien pursuant to subsection (b)(12).
(2) Nondeadly force defined.--In this subsection, the term
``nondeadly force'' means physical force or restraint that
could not reasonably be expected to result in, or be capable
of, causing death or serious bodily injury.
(h) 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 and 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 States:
(A) Arizona.
(B) California.
(C) New Mexico.
(D) Texas.
(i) Duration of Authority.--The authority of this section
shall expire on the date on which operational control of the
border is achieved in accordance with the Secure Fence Act of
2006 (Public Law 109-367).
______

SA 2318. 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 V, add the following:

SEC. 518. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE
SOUTHERN LAND BORDER OF THE UNITED STATES.

(a) Authority To Provide Assistance.--Until operational
control of the border is achieved in accordance with the
Secure Fence Act of 2006 (Public Law 109-367), the Governor
of any State, upon the approval of the Secretary of Defense,
shall order any units or personnel of the National Guard of
such State--
(1) 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 under subsection (b) for the purpose of securing
such border; and
(2) to perform duty under section 502(f) of title 32,
United States Code, to provide command, control, and
continuity of support for units and personnel performing
annual training duty under paragraph (1).
(b) Authorized Activities.--The following activities are
authorized under this subsection:
(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.
(12) Identification, interrogation, search, seizure, and
detention of any alien entering or attempting to enter the
United States in violation of any law or regulation regarding
the admission, exclusion, expulsion, or removal of aliens,
until the alien can be transferred into the custody of a
Border Patrol agent or an officer of United States Customs
and Border Protection.
(c) Cooperative Agreements.--Units and personnel of the
National Guard of a State may only perform activities in
another State under subsection (a) pursuant to the terms of
an emergency management assistance compact or other
cooperative arrangement entered into between the 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, in consultation with the Secretary of Defense and
the governors of the States concerned, shall 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. Individual periods of training duty shall not be
limited to 3 weeks per year.
(f) Rules of Engagement.--The Secretary of Homeland
Security, in consultation with the Secretary of Defense and
the governors of the States concerned, shall coordinate the
rules of engagement to be followed by units and personnel of
the National Guard tasked with authorized activities
described in subsection (b)(12). The rules of engagement for
the National Guard shall be equivalent to the rules of
engagement for Border Patrol agents.
(g) Use of Force.--
(1) In general.--Nondeadly force may be used by members of
the National Guard stationed at the southern border in the
identification, interrogation, search, seizure, and detention
of any alien pursuant to subsection (b)(12).
(2) Nondeadly force defined.--In this subsection, the term
``nondeadly force'' means physical force or restraint that
could not reasonably be expected to result in, or be capable
of, causing death or serious bodily injury.
(h) 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 and 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 States:
(A) Arizona.
(B) California.
(C) New Mexico.
(D) Texas.
(i) Duration of Authority.--The authority of this section
shall expire on the date on which operational control of the
border is achieved in accordance with the Secure Fence Act of
2006 (Public Law 109-367).
______

SA 2319. 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 appropriate place, insert the following:

Subtitle _--Border Security Cooperation

SEC. __. RECRUITMENT OF FORMER MILITARY PERSONNEL.

(a) In General.--The Commissioner of United States Customs
and Border Protection, in conjunction with the Secretary of
Defense or a designee of the Secretary of Defense, shall
establish a program to actively recruit members of the Army,
Navy, Air Force, Marine Corps, and Coast Guard who have
elected to separate from active duty.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit a report
on the implementation of the recruitment program established
pursuant to paragraph (1) to--
(1) the Committee on the Judiciary of the Senate; and
(2) the Committee on the Judiciary of the House of
Representatives.

SEC. __. TECHNOLOGICAL ASSETS.

(a) Procurement.--
(1) In general.--Subject to the availability of
appropriations, the Secretary of Homeland Security shall
procure additional unmanned aerial vehicles, cameras, poles,
sensors, and other technologies necessary to

[[Page S9517]]

achieve operational control of the international borders of
the United States and to establish a security perimeter to be
known as a ``virtual fence'' along such international borders
to provide a barrier to illegal immigration.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2008 through 2012 to
carry out this subsection.
(b) Increased Availability of Equipment.--The Secretary of
Homeland Security and the Secretary of Defense shall develop
and implement a plan to use authorities provided to the
Secretary of Defense under chapter 18 of title 10, United
States Code, to increase the availability and use of
Department of Defense equipment, including unmanned aerial
vehicles, tethered aerostat radars, and other surveillance
equipment, to assist the Secretary in carrying out
surveillance activities conducted at or near the
international land borders of the United States to prevent
illegal immigration.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of Defense, shall submit a
report to Congress that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use
of such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(d) Unmanned Aerial Vehicle Pilot Program.--During the 1-
year period beginning on the date on which the report is
submitted under subsection (c), the Secretary shall conduct a
pilot program to test unmanned aerial vehicles for border
surveillance along the international border between Canada
and the United States.
(e) Construction.--Nothing in this section may be construed
as altering or amending the prohibition on the use of any
part of the Army or the Air Force as a posse comitatus under
section 1385 of title 18, United States Code.

SEC. __. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS
AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE
IN UNITED STATES CUSTOMS AND BORDER PROTECTION.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland
Security and the Secretary of Defense shall jointly submit to
the appropriate committees of Congress a report assessing the
desirability and feasibility of offering incentives to
covered members and former members of the Armed Forces for
the purpose of encouraging such members to serve in United
States Customs and Border Protection (referred to in this
section as ``CBP'').
(b) Definitions.--In this section:
(1) Covered members and former members of the armed
forces.--The term ``covered members and former members of the
Armed Forces'' means--
(A) members of the reserve components of the Armed Forces;
and
(B) former members of the Armed Forces who separated from
service in the Armed Forces during the previous 2 years.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives;
(E) the Committee on Homeland Security of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(c) Requirements and Limitations.--
(1) Nature of incentives.--In considering incentives for
purposes of the report required under subsection (a), the
Secretary of Homeland Security and the Secretary of Defense
shall consider such incentives, whether monetary or otherwise
and whether or not authorized under existing law, as the
Secretaries jointly consider appropriate.
(2) Targeting of incentives.--In assessing any incentive
for purposes of such report, the Secretaries shall give
particular attention to the utility of such incentive in--
(A) encouraging service in CBP after service in the Armed
Forces by covered members and former of the Armed Forces who
have provided border patrol or border security assistance to
CBP as part of their duties as members of the Armed Forces;
and
(B) leveraging military training and experience by
accelerating training, or allowing credit to be applied to
related areas of training, required for service with CBP.
(3) Payment.--In assessing incentives for purposes of the
report, the Secretaries shall assume that any costs of such
incentives shall be borne by the Department of Homeland
Security.
(d) Elements.--The report required under subsection (a)
shall include--
(1) a description of various monetary and non-monetary
incentives considered for purposes of the report;
(2) an assessment of the desirability and feasibility of
utilizing any such incentive for the purpose specified in
subsection (a), including an assessment of the particular
utility of such incentive in encouraging service in the CBP
after service in the Armed Forces by covered members and
former members of the Armed Forces described in subsection
(c)(2); and
(3) any other matters that the Secretaries jointly consider
appropriate.
______

SA 2320. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 325. ESTABLISHMENT OF ADDITIONAL STRYKER BRIGADE COMBAT
TEAM.

(a) Additional Amount for Operation and Maintenance, Army
National Guard.--The amount authorized to be appropriated by
section 301(10) for operation and maintenance for the Army
National Guard is hereby increased by $317,000,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 301(10) for operation and maintenance
for the Army National Guard, as increased by subsection (a),
$317,000,000 may be available for the establishment of a
Stryker Brigade Combat Team composed of elements of the
California National Guard, the Nevada National Guard, and the
Oregon National Guard.
______

SA 2321. Mrs. DOLE submitted an amendment intended to be proposed by
her to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

SEC. 1070. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN
EMPLOYEES AT CAMP LEJEUNE, NORTH CAROLINA, OF
EXPOSURE TO DRINKING WATER CONTAMINATION.

(a) Notification of Individuals Served by Tarawa Terrace
Water Distribution System, Including Knox Trailer Park.--Not
later than 120 days after the date of the enactment of this
Act, the Secretary of the Navy shall identify and notify
directly individuals who were served by the Tarawa Terrace
Water Distribution System, including Knox Trailer Park, at
Camp Lejeune, North Carolina, during the years 1958 through
1987 that they were exposed to drinking water contaminated
with tetrachloroethylene (PCE) at levels well above the
maximum safety level established by the Environmental
Protection Administration.
(b) Notification of Individuals Served by Hadnot Point
Water Distribution System.--Not later than 120 days after the
Agency for Toxic Substances and Disease Registry (ATSDR)
completes its water modeling study of the Hadnot Point water
distribution system, the Secretary of the Navy shall identify
and notify directly individuals who were served by the system
during the period identified in the study of the drinking
water contamination to which they were exposed.
(c) Notification of Former Civilian Employees at Camp
Lejeune.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall
identify and notify directly civilian employees who worked at
Camp Lejeune during the period identified in the ATSDR
studies of the Tarawa Terrace and Hadnot Point water
distribution systems of the drinking water contamination to
which they were exposed.
(d) Circulation of Health Survey.--
(1) Finding.--Congress finds that notification and survey
efforts related to the drinking water contamination described
in this section are necessary due to the duration of exposure
and negative health impacts of these contaminants.
(2) National opinion and research council health survey.--
(A) Development.--Not later than 120 days after the date of
the enactment of this Act, the National Opinion and Research
Council, in conjunction with ATSDR, shall develop a health
survey that would voluntarily request of individuals
described in subsections (a), (b), and (c) personal health
information that may be associated with exposure to TCE, PCE,
vinyl chloride, and the other contaminants identified in the
ATSDR studies.
(B) Inclusion with notification.--The survey developed
under subparagraph (A) shall be distributed by the Secretary
of the Navy concurrently with the direct notification
required under subsections (a), (b), and (c).
(e) Use of Media to Supplement Notification.--The Secretary
of the Navy may use media notification as a supplement to,
but

[[Page S9518]]

not substitution for, direct notification of individuals
described under subsections (a), (b), and (c).
(f) Authorization of Appropriations.--There is authorized
to be appropriated $5,000,000 for fiscal year 2008 to carry
out this section.
______

SA 2322. Mr. KYL (for himself and Mr. Domenici) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 325. OPERATION JUMP START.

(a) In General.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities, $400,000,000 may be available
for Operation Jump Start in order to maintain a significant
durational force of the National Guard on the southern land
border of the United States to assist the United States
Border Patrol in gaining operational control of that border.
(b) Supplement Not Supplant.--The amount available under
subsection (a) for the purpose specified in that subsection
is in addition to any other amounts available in this Act for
Operation Jump Start.
______

SA 2323. Mr. KERRY (for himself and Ms. Snowe) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes, which was
ordered to lie on the table; as follows:

At the end, add the following:

DIVISION D--VETERAN SMALL BUSINESSES

SEC. 4001. SHORT TITLE.

This division may be cited as the ``Military Reservist and
Veteran Small Business Reauthorization and Opportunity Act of
2007''.

SEC. 4002. DEFINITIONS.

In this division--
(1) the term ``activated'' means receiving an order placing
a Reservist on active duty;
(2) the term ``active duty'' has the meaning given that
term in section 101 of title 10, United States Code;
(3) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(4) the term ``Reservist'' means a member of a reserve
component of the Armed Forces, as described in section 10101
of title 10, United States Code;
(5) the term ``Service Corps of Retired Executives'' means
the Service Corps of Retired Executives authorized by section
8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
(6) the terms ``service-disabled veteran'' and ``small
business concern'' have the meanings given those terms in
section 3 of the Small Business Act (15 U.S.C. 632);
(7) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648); and
(8) the term ``women's business center'' means a women's
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).

TITLE XLI--VETERANS BUSINESS DEVELOPMENT

SEC. 4101. INCREASED FUNDING FOR THE OFFICE OF VETERANS
BUSINESS DEVELOPMENT.

(a) In General.--There are authorized to be appropriated to
the Office of Veterans Business Development of the
Administration, to remain available until expended--
(1) $2,100,000 for fiscal year 2008;
(2) $2,300,000 for fiscal year 2009; and
(3) $2,500,000 for fiscal year 2010.
(b) Sense of Congress.--It is the sense of Congress that
any amounts provided pursuant to this section that are in
excess of amounts provided to the Administration for the
Office of Veterans Business Development in fiscal year 2007,
should be used to support Veterans Business Outreach Centers.

SEC. 4102. INTERAGENCY TASK FORCE.

Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following:
``(d) Interagency Task Force.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this subsection, the President shall
establish an interagency task force to coordinate the efforts
of Federal agencies necessary to increase capital and
business development opportunities for, and increase the
award of Federal contracting and subcontracting opportunities
to, small business concerns owned and controlled by service-
disabled veterans and small business concerns owned and
controlled by veterans (in this section referred to as the
`task force').
``(2) Membership.--The members of the task force shall
include--
``(A) the Administrator, who shall serve as chairperson of
the task force;
``(B) a representative from--
``(i) the Department of Veterans Affairs;
``(ii) the Department of Defense;
``(iii) the Administration (in addition to the
Administrator);
``(iv) the Department of Labor;
``(v) the General Services Administration; and
``(vi) the Office of Management and Budget; and
``(C) 4 representatives of veterans service organizations,
selected by the President.
``(3) Duties.--The task force shall coordinate
administrative and regulatory activities and develop
proposals relating to--
``(A) increasing capital access and capacity of small
business concerns owned and controlled by service-disabled
veterans and small business concerns owned and controlled by
veterans through loans, surety bonding, and franchising;
``(B) increasing access to Federal contracting and
subcontracting for small business concerns owned and
controlled by service-disabled veterans and small business
concerns owned and controlled by veterans through increased
use of contract reservations, expanded mentor-protege
assistance, and matching such small business concerns with
contracting opportunities;
``(C) increasing the integrity of certifications of status
as a small business concern owned and controlled by service-
disabled veterans or a small business concern owned and
controlled by veterans;
``(D) reducing paperwork and administrative burdens on
veterans in accessing business development and
entrepreneurship opportunities; and
``(E) making other improvements relating to the support for
veterans business development by the Federal Government.
``(4) Reporting.--The task force shall submit an annual
report regarding its activities and proposals to--
``(A) the Committee on Small Business and Entrepreneurship
and the Committee on Veterans' Affairs of the Senate; and
``(B) the Committee on Small Business and the Committee on
Veterans' Affairs of the House of Representatives.''.

SEC. 4103. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON
VETERANS BUSINESS AFFAIRS.

(a) Assumption of Duties.--Section 33 of the Small Business
Act (15 U.S.C. 657c) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (k) as
subsections (h) through (j), respectively.
(b) Permanent Extension of Authority.--Section 203 of the
Veterans Entrepreneurship and Small Business Development Act
of 1999 (15 U.S.C. 657b note) is amended by striking
subsection (h).

TITLE XLII--NATIONAL RESERVIST ENTERPRISE TRANSITION AND SUSTAINABILITY

SEC. 4201. SHORT TITLE.

This title may be cited as the ``National Reservist
Enterprise Transition and Sustainability Act of 2007''.

SEC. 4202. PURPOSE.

The purpose of this title is to establish a program to--
(1) provide managerial, financial, planning, development,
technical, and regulatory assistance to small business
concerns owned and operated by Reservists;
(2) provide managerial, financial, planning, development,
technical, and regulatory assistance to the temporary heads
of small business concerns owned and operated by Reservists;
(3) create a partnership between the Small Business
Administration, the Department of Defense, and the Department
of Veterans Affairs to assist small business concerns owned
and operated by Reservists;
(4) utilize the service delivery network of small business
development centers, women's business centers, Veterans
Business Outreach Centers, and centers operated by the
National Veterans Business Development Corporation to expand
the access of small business concerns owned and operated by
Reservists to programs providing business management,
development, financial, procurement, technical, regulatory,
and marketing assistance;
(5) utilize the service delivery network of small business
development centers, women's business centers, Veterans
Business Outreach Centers, and centers operated by the
National Veterans Business Development Corporation to quickly
respond to an activation of Reservists that own and operate
small business concerns; and
(6) utilize the service delivery network of small business
development centers, women's business centers, Veterans
Business Outreach Centers, and centers operated by the
National Veterans Business Development Corporation to assist
Reservists that own and operate small business concerns in
preparing for future military activations.

SEC. 4203. NATIONAL GUARD AND RESERVE BUSINESS ASSISTANCE.

(a) In General.--Section 21(a)(1) of the Small Business Act
(15 U.S.C. 648(a)(1)) is amended by inserting ``any small
business development center, women's business center,
Veterans Business Outreach Center, or center operated by the
National Veterans Business Development Corporation providing

[[Page S9519]]

enterprise transition and sustainability assistance to
Reservists under section 37,'' after ``any women's business
center operating pursuant to section 29,''.
(b) Program.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) by redesignating section 37 (15 U.S.C. 631 note) as
section 38; and
(2) by inserting after section 36 the following:

``SEC. 37. RESERVIST ENTERPRISE TRANSITION AND
SUSTAINABILITY.

``(a) In General.--The Administrator shall establish a
program to provide business planning assistance to small
business concerns owned and operated by Reservists.
``(b) Definitions.--In this section--
``(1) the terms `activated' and `activation' mean having
received an order placing a Reservists on active duty, as
defined by section 101(1) of title 10, United States Code;
``(2) the term `Administrator' means the Administrator of
the Small Business Administration, acting through the
Associate Administrator for Small Business Development
Centers;
``(3) the term `Association' means the association
established under section 21(a)(3)(A);
``(4) the term `eligible applicant' means--
``(A) a small business development center that is
accredited under section 21(k);
``(B) a women's business center;
``(C) a Veterans Business Outreach Center that receives
funds from the Office of Veterans Business Development; or
``(D) an information and assistance center operated by the
National Veterans Business Development Corporation under
section 33;
``(5) the term `enterprise transition and sustainability
assistance' means assistance provided by an eligible
applicant to a small business concern owned and operated by a
Reservist, who has been activated or is likely to be
activated in the next 12 months, to develop and implement a
business strategy for the period while the owner is on active
duty and 6 months after the date of the return of the owner;
``(6) the term `Reservist' means any person who is--
``(A) a member of a reserve component of the Armed Forces,
as defined by section 10101 of title 10, United States Code;
and
``(B) on active status, as defined by section 101(d)(4) of
title 10, United States Code;
``(7) the term `small business development center' means a
small business development center as described in section 21
of the Small Business Act (15 U.S.C. 648);
``(8) the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, American Samoa, and Guam;
and
``(9) the term `women's business center' means a women's
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
``(c) Authority.--The Administrator may award grants, in
accordance with the regulations developed under subsection
(d), to eligible applicants to assist small business concerns
owned and operated by Reservists by--
``(1) providing management, development, financing,
procurement, technical, regulatory, and marketing assistance;
``(2) providing access to information and resources,
including Federal and State business assistance programs;
``(3) distributing contact information provided by the
Department of Defense regarding activated Reservists to
corresponding State directors;
``(4) offering free, one-on-one, in-depth counseling
regarding management, development, financing, procurement,
regulations, and marketing;
``(5) assisting in developing a long-term plan for possible
future activation; and
``(6) providing enterprise transition and sustainability
assistance.
``(d) Rulemaking.--
``(1) In general.--The Administrator, in consultation with
the Association and after notice and an opportunity for
comment, shall promulgate regulations to carry out this
section.
``(2) Deadline.--The Administrator shall promulgate final
regulations not later than 180 days of the date of enactment
of the Military Reservist and Veteran Small Business
Reauthorization and Opportunity Act of 2007.
``(3) Contents.--The regulations developed by the
Administrator under this subsection shall establish--
``(A) procedures for identifying, in consultation with the
Secretary of Defense, States that have had a recent
activation of Reservists;
``(B) priorities for the types of assistance to be provided
under the program authorized by this section;
``(C) standards relating to educational, technical, and
support services to be provided by a grantee;
``(D) standards relating to any national service delivery
and support function to be provided by a grantee;
``(E) standards relating to any work plan that the
Administrator may require a grantee to develop; and
``(F) standards relating to the educational, technical, and
professional competency of any expert or other assistance
provider to whom a small business concern may be referred for
assistance by a grantee.
``(e) Application.--
``(1) In general.--Each eligible applicant desiring a grant
under this section shall submit an application to the
Administrator at such time, in such manner, and accompanied
by such information as the Administrator may reasonably
require.
``(2) Contents.--Each application submitted under paragraph
(1) shall describe--
``(A) the activities for which the applicant seeks
assistance under this section; and
``(B) how the applicant plans to allocate funds within its
network.
``(3) Matching not required.--Subparagraphs (A) and (B) of
section 21(a)(4), requiring matching funds, shall not apply
to grants awarded under this section.
``(f) Award of Grants.--
``(1) Deadline.--The Administrator shall award grants not
later than 60 days after the promulgation of final rules and
regulations under subsection (d).
``(2) Amount.--Each eligible applicant awarded a grant
under this section shall receive a grant in an amount--
``(A) not less than $75,000 per fiscal year; and
``(B) not greater than $300,000 per fiscal year.
``(g) Report.--
``(1) In general.--The Comptroller General of the United
States shall--
``(A) initiate an evaluation of the program not later than
30 months after the disbursement of the first grant under
this section; and
``(B) submit a report not later than 6 months after the
initiation of the evaluation under paragraph (1) to--
``(i) the Administrator;
``(ii) the Committee on Small Business and Entrepreneurship
of the Senate; and
``(iii) the Committee on Small Business of the House of
Representatives.
``(2) Contents.--The report under paragraph (1) shall--
``(A) address the results of the evaluation conducted under
paragraph (1); and
``(B) recommend changes to law, if any, that it believes
would be necessary or advisable to achieve the goals of this
section.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $5,000,000 for the first fiscal year beginning after
the date of enactment of the Military Reservist and Veteran
Small Business Reauthorization and Opportunity Act of 2007;
and
``(B) $5,000,000 for each of the 3 fiscal years following
the fiscal year described in subparagraph (A).
``(2) Limitation on use of other funds.--The Administrator
may carry out the program authorized by this section only
with amounts appropriated in advance specifically to carry
out this section.''.

TITLE XLIII--RESERVIST PROGRAMS

SEC. 4301. RESERVIST PROGRAMS.

(a) Application Period.--Section 7(b)(3)(C) of the Small
Business Act (15 U.S.C. 636(b)(3)(C)) is amended by striking
``90 days'' and inserting ``1 year''.
(b) Pre-Consideration Process.--
(1) Definition.--In this subsection, the term ``eligible
Reservist'' means a Reservist who--
(A) has not been ordered to active duty;
(B) expects to be ordered to active duty during a period of
military conflict; and
(C) can reasonably demonstrate that the small business
concern for which that Reservist is a key employee will
suffer economic injury in the absence of that Reservist.
(2) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Administrator shall establish a
pre-consideration process, under which the Administrator--
(A) may collect all relevant materials necessary for
processing a loan to a small business concern under section
7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3))
before an eligible Reservist employed by that small business
concern is activated; and
(B) shall distribute funds for any loan approved under
subparagraph (A) if that eligible Reservist is activated.
(c) Outreach and Technical Assistance Program.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Defense, shall develop a comprehensive outreach and technical
assistance program (in this subsection referred to as the
``program'') to--
(A) market the loans available under section 7(b)(3) of the
Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and
family members of Reservists, that are on active duty and
that are not on active duty; and
(B) provide technical assistance to a small business
concern applying for a loan under that section.
(2) Components.--The program shall--
(A) incorporate appropriate websites maintained by the
Administration, the Department of Veterans Affairs, and the
Department of Defense; and
(B) require that information on the program is made
available to small business concerns directly through--
(i) the district offices and resource partners of the
Administration, including small business development centers,
women's business centers, and the Service Corps of Retired
Executives; and
(ii) other Federal agencies, including the Department of
Veterans Affairs and the Department of Defense.
(3) Report.--
(A) In general.--Not later than 6 months after the date of
enactment of this Act, and

[[Page S9520]]

every 6 months thereafter until the date that is 30 months
after such date of enactment, the Administrator shall submit
to Congress a report on the status of the program.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) for the 6-month period ending on the date of that
report--

(I) the number of loans approved under section 7(b)(3) of
the Small Business Act (15 U.S.C. 636(b)(3));
(II) the number of loans disbursed under that section; and
(III) the total amount disbursed under that section; and

(ii) recommendations, if any, to make the program more
effective in serving small business concerns that employ
Reservists.

SEC. 4302. RESERVIST LOANS.

(a) In General.--Section 7(b)(3)(E) of the Small Business
Act (15 U.S.C. 636(b)(3)(E)) is amended by striking
``$1,500,000'' each place such term appears and inserting
``$2,000,000''.
(b) Loan Information.--
(1) In general.--The Administrator and the Secretary of
Defense shall develop a joint website and printed materials
providing information regarding any program for small
business concerns that is available to veterans or
Reservists.
(2) Marketing.--The Administrator is authorized--
(A) to advertise and promote the program under section
7(b)(3) of the Small Business Act jointly with the Secretary
of Defense and veterans' service organizations; and
(B) to advertise and promote participation by lenders in
such program jointly with trade associations for banks or
other lending institutions.

SEC. 4303. NONCOLLATERALIZED LOANS.

Section 7(b)(3) of the Small Business Act (15 U.S.C.
636(b)(3)) is amended by adding at the end the following:
``(G)(i) Notwithstanding any other provision of law, the
Administrator may make a loan under this paragraph of not
more than $50,000 without collateral.
``(ii) The Administrator may defer payment of principal and
interest on a loan described in clause (i) during the longer
of--
``(I) the 1-year period beginning on the date of the
initial disbursement of the loan; and
``(II) the period during which the relevant essential
employee is on active duty.''.

SEC. 4304. LOAN PRIORITY.

Section 7(b)(3) of the Small Business Act (15 U.S.C.
636(b)(3)), as amended by this Act, is amended by adding at
the end the following:
``(H) The Administrator shall give priority to any
application for a loan under this paragraph and shall process
and make a determination regarding such applications prior to
processing or making a determination on other loan
applications under this subsection, on a rolling basis.''.

SEC. 4305. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED
SMALL BUSINESSES.

Section 3(q) of the Small Business Act (15 U.S.C. 632(q))
is amended by adding at the end the following:
``(5) Relief from time limitations.--
``(A) In general.--Any time limitation on any
qualification, certification, or period of participation
imposed under this Act on any program available to small
business concerns shall be extended for a small business
concern that--
``(i) is owned and controlled by--

``(I) a veteran who was called or ordered to active duty
under a provision of law specified in section 101(a)(13)(B)
of title 10, United States Code, on or after September 11,
2001; or
``(II) a service-disabled veteran who became such a veteran
due to an injury or illness incurred or aggravated in the
active military, naval, or air service during a period of
active duty pursuant to a call or order to active duty under
a provision of law referred to in subclause (I) on or after
September 11, 2001; and

``(ii) was subject to the time limitation during such
period of active duty.
``(B) Duration.--Upon submission of proper documentation to
the Administrator, the extension of a time limitation under
subparagraph (A) shall be equal to the period of time that
such veteran who owned or controlled such a concern was on
active duty as described in that subparagraph.''.

SEC. 4306. SERVICE-DISABLED VETERANS.

Not later than 180 days after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report
describing--
(1) the types of assistance needed by service-disabled
veterans who wish to become entrepreneurs; and
(2) any resources that would assist such service-disabled
veterans.

SEC. 4307. STUDY ON OPTIONS FOR PROMOTING POSITIVE WORKING
RELATIONS BETWEEN EMPLOYERS AND THEIR RESERVE
COMPONENT EMPLOYEES.

(a) Study Required.--The Secretary of Defense shall conduct
a study on options for promoting positive working relations
between employers and Reserve component employees of such
employers, including assessing options for improving the time
in which employers of Reservists are notified of the call or
order of such members to active duty other than for training.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress a report on the
study conducted under subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) provide a quantitative and qualitative assessment of--
(i) what measures, if any, are being taken to inform
Reservists of the obligations and responsibilities of such
members to their employers;
(ii) how effective such measures have been; and
(iii) whether there are additional measures that could be
taken to promote positive working relations between
Reservists and their employers, including any steps that
could be taken to ensure that employers are timely notified
of a call to active duty; and
(B) assess whether there has been a reduction in the hiring
of Reservists by business concerns because of--
(i) any increase in the use of Reservists after September
11, 2001; or
(ii) any change in any policy of the Department of Defense
relating to Reservists after September 11, 2001.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Small Business and Entrepreneurship of the Senate; and
(2) the Committee on Armed Services and the Committee on
Small Business of the House of Representatives.
______

SA 2324. Mr. HAGEL (for himself and Mr. Byrd) 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. SYNTHETIC FUEL TECHNOLOGIES.

(a) Findings.--Congress makes the following findings:
(1) Synthetic fuel technologies are mature, known
technologies that are used around the world.
(2) With sizable coal reserves, the United States is
ideally suited for the use of synthetic fuel technologies to
produce alternatives for petroleum products.
(3) It is in the best interest of the national security of
the United States to develop and commercialize a synthetic
fuels industry.
(b) Department of Defense Requirements for Utilization of
Synthetic Fuel.--
(1) In general.--Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2263. Fuel: minimum requirements for utilization of
synthetic fuel

``(a) In General.--Of the total amount of fuel utilized by
the Department of Defense in a calendar year, the percentage
of such fuel that is synthetic fuel shall be the percentage
as follows:
``(1) In the first applicable utilization year, 5 percent.
``(2) Except as provided in subsection (c), in any year
after the first applicable utilization year, a percentage
that is 5 greater than the percentage of utilization in the
preceding year under this section.
``(b) First Applicable Utilization Year.--For purposes of
subsection (a)(1), the first applicable utilization year for
synthetic fuel shall be the earlier of the following:
``(1) The first calendar year after the Secretary Defense
certifies to Congress that at least 50 percent of the
aircraft fleet of the Department has the proven capability to
utilize synthetic fuel without--
``(A) any adverse effect on the aircraft engines of such
fleet;
``(B) any adverse effect on the overall performance of the
aircraft; and
``(C) any adverse effect on health and safety of the
aircrew, passengers, and maintenance crew.
``(2) 2017.
``(c) Exception.--If as of December 31 of any year in which
subsection (a) is in effect the average price of crude
petroleum (as determined by the Secretary of Energy in 2007
constant dollars) is less then $40 per barrel, paragraph (2)
of that subsection shall not be operative in the succeeding
year.
``(d) Maximum Percentage.--(1) The maximum percentage of
the fuel utilized by the Department that is required by this
section to be synthetic fuel is 50 percent.
``(2) Nothing in paragraph (1) shall be construed to limit
the percentage of fuel utilized by the Department that is
synthetic fuel.
``(e) Synthetic Fuel Defined.--In this section, the term
`synthetic fuel' means the following:
``(1) A fuel made using the Fischer-Tropche process.
``(2)(A) Subject to subparagraph (B), a fuel made using any
of the following feedstocks:
``(i) Coal.
``(ii) Natural gas.
``(iii) Petcoke.
``(iv) Biomass.
``(B) A fuel made using a feedstock referred to in clauses
(ii) through (iv) is a synthetic

[[Page S9521]]

fuel only if the British thermal unit (Btu)content per gallon
of the fuel so made is equal to or greater than the British
thermal unit content per gallon of synthetic fuel made using
coal as a feedstock.
``(3) Any other fuel jointly specified by the Secretary of
Defense and the Secretary of Energy for purposes of this
section but only if the British thermal unit content per
gallon of the fuel so specified is equal to or greater than
the British thermal unit content per gallon of synthetic fuel
made using coal as a feedstock in a Fischer-Tropche
process.''.
(2) Clerical amendment.--The table of section at the
beginning of subchapter II of such chapter is amended by
adding at the end the following new item:

``2263. Fuel: minimum requirements for utilization of synthetic
fuel.''.
(c) Commercial Aircraft Study.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of Energy and the
Administrator of the Federal Aviation Administration, conduct
a study on aircraft engines and airframes for non-fighter
aircraft, including commercial aircraft, to determine the
quantity of fuel produced using synthetic fuel technology
that may be used without compromising health, safety, or
longevity of such engines and airframes, including an
analysis of any environmental benefits from using the fuel.
(2) Report.--Not later than 180 days after the date of the
completion of the study under paragraph (1), the Secretary of
Defense shall submit to Congress a report that describes--
(A) the results of the study; and
(B) any recommendations of the Secretary of Defense.
(d) Synthetic Fuel Defined.--In this section, the term
``synthetic fuel'' has the meaning given that term in section
2263(e) of title 10, United States Code (as added by
subsection (b)).
______

SA 2325. 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 subtitle C of title X, add the following:

SEC. 1031. LIMITATIONS ON REMOVAL OF MISSILES FROM THE 564TH
MISSILE SQUADRON.

Not more than 40 missiles may be removed from the 564th
Missile Squadron until the later of the following dates:
(1) The date of the submittal to Congress of a report by
the Department of Defense that identifies additional missions
(including additional missions for any of the Armed Forces)
that could be located at Malmstrom Air Force Base, Montana.
(2) December 31, 2008.
______

SA 2326. Mr. CARDIN (for himself, Mr. Biden, Mr. Stevens, Mr. Bayh,
Mrs. Clinton, Ms. Mikulski, Ms. Murkowski, Mr. Kerry, Mr. Vitter, Mr.
Isakson, Mr. Lautenberg, and Mr. Kennedy) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 1070. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS
ASSOCIATION, INCORPORATED.

(a) Grant of Charter.--Part B of subtitle II of title 36,
United States Code, is amended--
(1) by striking the following:

``CHAPTER 1201--[RESERVED]'';

and
(2) by inserting after chapter 1103 the following new
chapter:

``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.

``Sec. 120101. Organization

``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'), a
nonprofit organization that meets the requirements for a
veterans service organization under section 501(c)(19) of the
Internal Revenue Code of 1986 and that is organized under the
laws of the State of New York, is a federally chartered
corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by subsection (a) shall expire.

``Sec. 120102. Purposes

``The purposes of the corporation are those provided in the
articles of incorporation of the corporation and shall
include the following:
``(1) To organize as a veterans service organization in
order to maintain a continuing interest in the welfare of
veterans of the Korean War, and rehabilitation of the
disabled veterans of the Korean War to include all that
served during active hostilities and subsequently in defense
of the Republic of Korea, and their families.
``(2) To establish facilities for the assistance of all
veterans and to represent them in their claims before the
Department of Veterans Affairs and other organizations
without charge.
``(3) To perpetuate and preserve the comradeship and
friendships born on the field of battle and nurtured by the
common experience of service to the United States during the
time of war and peace.
``(4) To honor the memory of the men and women who gave
their lives so that the United States and the world might be
free and live by the creation of living memorial, monuments,
and other forms of additional educational, cultural, and
recreational facilities.
``(5) To preserve for the people of the United States and
posterity of such people the great and basic truths and
enduring principles upon which the United States was founded.

``Sec. 120103. Membership

``Eligibility for membership in the corporation, and the
rights and privileges of members of the corporation, are as
provided in the bylaws of the corporation.

``Sec. 120104. Governing body

``(a) Board of Directors.--The composition of the board of
directors of the corporation, and the responsibilities of the
board, are as provided in the articles of incorporation of
the corporation.
``(b) Officers.--The positions of officers of the
corporation, and the election of the officers, are as
provided in the articles of incorporation.

``Sec. 120105. Powers

``The corporation has only those powers provided in its
bylaws and articles of incorporation filed in each State in
which it is incorporated.

``Sec. 120106. Restrictions

``(a) Stock and Dividends.--The corporation may not issue
stock or declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director
or officer of the corporation as such, may not contribute to,
support, or participate in any political activity or in any
manner attempt to influence legislation.
``(c) Loan.--The corporation may not make a loan to a
director, officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The
corporation may not claim congressional approval, or the
authority of the United States, for any activity of the
corporation.
``(e) Corporate Status.--The corporation shall maintain its
status as a corporation incorporated under the laws of the
State of New York.

``Sec. 120107. Tax-exempt status required as condition of
charter

``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986, the charter granted under this chapter shall
terminate.

``Sec. 120108. Records and inspection

``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of the members, board of
directors, and committees of the corporation having any of
the authority of the board of directors of the corporation;
and
``(3) at the principal office of the corporation, a record
of the names and addresses of the members of the corporation
entitled to vote on matters relating to the corporation.
``(b) Inspection.--A member entitled to vote on any matter
relating to the corporation, or an agent or attorney of the
member, may inspect the records of the corporation for any
proper purpose, at any reasonable time.

``Sec. 120109. Service of process

``The corporation shall have a designated agent in the
District of Columbia to receive service of process for the
corporation. Notice to or service on the agent is notice to
or service on the corporation.

``Sec. 120110. Liability for acts of officers and agents

``The corporation is liable for any act of any officer or
agent of the corporation acting within the scope of the
authority of the corporation.

``Sec. 120111. Annual report

``The corporation shall submit to Congress an annual report
on the activities of the corporation during the preceding
fiscal year.

[[Page S9522]]

The report shall be submitted at the same time as the report
of the audit required by section 10101(b) of this title. The
report may not be printed as a public document.

``Sec. 120112. Definition

``For purposes of this chapter, the term `State' includes
the District of Columbia and the territories and possessions
of the United States.''.
(b) Clerical Amendment.--The item relating to chapter 1201
in the table of chapters at the beginning of subtitle II of
title 36, United States Code, is amended to read as follows:

``1201. Korean War Veterans Association, Incorporated.........120101''.

______

SA 2327. Mr. KENNEDY proposed an amendment to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; REFERENCES.

(a) Short Title.--This Act may be cited as the ``Higher
Education Access Act of 2007''.
(b) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).

TITLE I--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER
EDUCATION

SEC. 101. TUITION SENSITIVITY.

(a) Amendment.--Section 401(b) (20 U.S.C. 1070a(b)) is
amended by striking paragraph (3).
(b) Authorization and Appropriation of Funds.--There is
authorized to be appropriated, and there is appropriated, out
of any money in the Treasury not otherwise appropriated, for
the Department of Education to carry out the amendment made
by subsection (a), $5,000,000 for fiscal year 2008.

SEC. 102. PROMISE GRANTS.

(a) Amendment.--Subpart 1 of part A of title IV (20 U.S.C.
1070a et seq.) is amended by adding at the end the following:

``SEC. 401B. PROMISE GRANTS.

``(a) Grants.--
``(1) In general.--From amounts appropriated under
subsection (e) for a fiscal year and subject to subsection
(b), the Secretary shall award grants to students in the same
manner as the Secretary awards Federal Pell Grants to
students under section 401, except that--
``(A) at the beginning of each award year, the Secretary
shall establish a maximum and minimum award level based on
amounts made available under subsection (e);
``(B) the Secretary shall only award grants under this
section to students eligible for a Federal Pell Grant for the
award year; and
``(C) when determining eligibility for the awards under
this section, the Secretary shall consider only those
students who submitted a Free Application for Federal Student
Aid or other common reporting form under section 483 as of
July 1 of the award year for which the determination is made.
``(2) Students with the greatest need.--The Secretary shall
ensure grants are awarded under this section to students with
the greatest need as determined in accordance with section
471.
``(b) Cost of Attendance Limitation.--A grant awarded under
this section for an award year shall be awarded in an amount
that does not exceed--
``(1) the student's cost of attendance for the award year;
less
``(2) an amount equal to the sum of--
``(A) the expected family contribution for the student for
the award year; and
``(B) any Federal Pell Grant award received by the student
for the award year.
``(c) Supplement Not Supplant.--Grants awarded from funds
made available under subsection (e) shall be used to
supplement, and not supplant, other Federal, State, or
institutional grant funds.
``(d) Use of Excess Funds.--
``(1) Fifteen percent or less.--If, at the end of a fiscal
year, the funds available for making grant payments under
this section exceed the amount necessary to make the grant
payments required under this section to eligible students by
15 percent or less, then all of the excess funds shall remain
available for making grant payments under this section during
the next succeeding fiscal year.
``(2) More than fifteen percent.--If, at the end of a
fiscal year, the funds available for making grant payments
under this section exceed the amount necessary to make the
grant payments required under this section to eligible
students by more than 15 percent, then all of such funds
shall remain available for making such grant payments but
grant payments may be made under this paragraph only with
respect to awards for that fiscal year.
``(e) Authorization and Appropriation of Funds.--
``(1) In general.--There are authorized to be appropriated,
and there are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of Education
to carry out this section--
``(A) $2,620,000,000 for fiscal year 2008;
``(B) $3,040,000,000 for fiscal year 2009;
``(C) $3,460,000,000 for fiscal year 2010;
``(D) $3,900,000,000 for fiscal year 2011;
``(E) $4,020,000,000 for fiscal year 2012;
``(F) $10,000,000 for fiscal year 2013; and
``(G) $3,200,000,000 for each of the fiscal years 2014
through 2017.
``(2) Availability of funds.--Funds appropriated under
paragraph (1) for a fiscal year shall remain available
through the last day of the fiscal year immediately
succeeding the fiscal year for which the funds are
appropriated.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2008.

TITLE II--STUDENT LOAN BENEFITS, TERMS, AND CONDITIONS

SEC. 201. DEFERMENTS.

(a) FISL.--Section 427(a)(2)(C)(iii) (20 U.S.C.
1077(a)(2)(C)(iii)) is amended by striking ``3 years'' and
inserting ``6 years''.
(b) Interest Subsidies.--Section 428(b)(1)(M)(iv) (20
U.S.C. 1078(b)(1)(M)(iv)) is amended by striking ``3 years''
and inserting ``6 years''.
(c) Direct Loans.--Section 455(f)(2)(D) (20 U.S.C.
1087e(f)(2)(D)) is amended by striking ``3 years'' and
inserting ``6 years''.
(d) Perkins.--Section 464(c)(2)(A)(iv) (20 U.S.C.
1087dd(c)(2)(A)(iv)) is amended by striking ``3 years'' and
inserting ``6 years''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on July 1, 2008, and shall
only apply with respect to the loans made to a borrower of a
loan under title IV of the Higher Education Act of 1965 who
obtained the borrower's first loan under such title prior to
October 1, 2012.

SEC. 202. STUDENT LOAN DEFERMENT FOR CERTAIN MEMBERS OF THE
ARMED FORCES.

(a) Federal Family Education Loans.--Section
428(b)(1)(M)(iii) (20 U.S.C. 1078(b)(1)(M)(iii)) is amended--
(1) in the matter preceding subclause (I), by striking
``not in excess of 3 years'';
(2) in subclause (II), by striking ``; or'' and inserting a
comma; and
(3) by adding at the end the following:
``and for the 180-day period following the demobilization
date for the service described in subclause (I) or (II);
or''.
(b) Direct Loans.--Section 455(f)(2)(C) (20 U.S.C.
1087e(f)(2)(C)) is amended--
(1) in the matter preceding clause (i), by striking ``not
in excess of 3 years'';
(2) in clause (ii), by striking ``; or'' and inserting a
comma; and
(3) by adding at the end the following:
``and for the 180-day period following the demobilization
date for the service described in clause (i) or (ii); or''.
(c) Perkins Loans.--Section 464(c)(2)(A)(iii) (20 U.S.C.
1087dd(c)(2)(A)(iii)) is amended--
(1) in the matter preceding subclause (I), by striking
``not in excess of 3 years'';
(2) in subclause (II), by striking the semicolon and
inserting a comma; and
(3) by adding at the end the following:
``and for the 180-day period following the demobilization
date for the service described in subclause (I) or (II);''.
(d) Applicability.--Section 8007(f) of the Higher Education
Reconciliation Act of 2005 (20 U.S.C. 1078 note) is amended
by striking ``loans for which'' and all that follows through
the period at the end and inserting ``all loans under title
IV of the Higher Education Act of 1965.''.
(e) Effective Date.--The amendments made by this section
shall take effect on July 1, 2008.

SEC. 203. INCOME-BASED REPAYMENT PLANS.

(a) FFEL.--Section 428 (as amended by sections 201(b) and
202(a)) (20 U.S.C. 1078) is further amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``income contingent''
and inserting ``income-based''; and
(ii) in subparagraph (E)(i), by striking ``income-
sensitive'' and inserting ``income-based''; and
(B) by striking clause (iii) of paragraph (9)(A) and
inserting the following:
``(iii) an income-based repayment plan, with parallel
terms, conditions, and benefits as the income-based repayment
plan described in subsections (e) and (d)(1)(D) of section
455, except that--

``(I) the plan described in this clause shall not be
available to a borrower of an excepted PLUS loan (as defined
in section 455(e)(10)) or of a loan made under 428C that
includes an excepted PLUS loan;
``(II) in lieu of the process of obtaining Federal income
tax returns and information from the Internal Revenue
Service, as described in section 455(e)(1), the borrower
shall provide the lender with a copy of the Federal income
tax return and return information for the borrower (and, if
applicable, the borrower's spouse) for the purposes described
in section 455(e)(1), and the lender shall determine the
repayment obligation on the loan, in accordance with the
procedures developed by the Secretary;
``(III) in lieu of the requirements of section 455(e)(3),
in the case of a borrower who chooses to repay a loan made,
insured, or guaranteed under this part pursuant to income-
based repayment and for whom the adjusted gross income is
unavailable or does not reasonably reflect the borrower's
current income, the borrower shall provide the lender with
other documentation of income that the Secretary has
determined is satisfactory for similar borrowers of loans
made under part D;

[[Page S9523]]

``(IV) the Secretary shall pay any interest due and not
paid for under the repayment schedule described in section
455(e)(4) for a loan made, insured, or guaranteed under this
part in the same manner as the Secretary pays any such
interest under section 455(e)(6) for a Federal Direct
Stafford Loan;
``(V) the Secretary shall assume the obligation to repay an
outstanding balance of principal and interest due on all
loans made, insured, or guaranteed under this part (other
than an excepted PLUS Loan or a loan under section 428C that
includes an excepted PLUS loan), for a borrower who satisfies
the requirements of subparagraphs (A) and (B) of section
455(e)(7), in the same manner as the Secretary cancels such
outstanding balance under section 455(e)(7); and
``(VI) in lieu of the notification requirements under
section 455(e)(8), the lender shall notify a borrower of a
loan made, insured, or guaranteed under this part who chooses
to repay such loan pursuant to income-based repayment of the
terms and conditions of such plan, in accordance with the
procedures established by the Secretary, including
notification that--

``(aa) the borrower shall be responsible for providing the
lender with the information necessary for documentation of
the borrower's income, including income information for the
borrower's spouse (as applicable); and
``(bb) if the borrower considers that special circumstances
warrant an adjustment, as described in section 455(e)(8)(B),
the borrower may contact the lender, and the lender shall
determine whether such adjustment is appropriate, in
accordance with the criteria established by the Secretary;
and'';
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Income-
Sensitive'' and inserting ``Income-Based'';
(B) in paragraph (1)--
(i) by striking ``income-sensitive repayment'' and
inserting ``income-based repayment''; and
(ii) by inserting ``and for the public service loan
forgiveness program under section 455(m), in accordance with
section 428C(b)(5)'' before the semicolon; and
(C) in paragraphs (2) and (3), by striking ``income-
sensitive'' each place the term occurs and inserting
``income-based''; and
(3) in subsection (m)--
(A) in the subsection heading, by striking ``Income
Contingent'' and inserting ``Income-Based'';
(B) in paragraph (1), by striking ``income contingent
repayment plan'' and all that follows through the period at
the end and inserting ``income-based repayment plan as
described in subsection (b)(9)(A)(iii) and section
455(d)(1)(D).''; and
(C) in the paragraph heading of paragraph (2), by striking
``income contingent'' and inserting ``income-based''.
(b) Consolidation Loans.--Section 428C (20 U.S.C. 1078-3)
is amended--
(1) in subsection (a)(3)(B)(i)(V), by striking ``for the
purposes of obtaining an income contingent repayment plan,''
and inserting ``for the purpose of using the public service
loan forgiveness program under section 455(m),'';
(2) in subsection (b)(5)--
(A) in the first sentence, by striking ``, or is unable to
obtain a consolidation loan with income-sensitive repayment
terms acceptable to the borrower from such a lender,'' and
inserting ``, or chooses to obtain a consolidation loan for
the purposes of using the public service loan forgiveness
program offered under section 455(m),''; and
(B) in the second sentence, by striking ``income contingent
repayment under part D of this title'' and inserting
``income-based repayment''; and
(3) in subsection (c)--
(A) in paragraph (2)(A)--
(i) in the first sentence, by striking ``of graduated or
income-sensitive repayment schedules, established by the
lender in accordance with the regulations of the Secretary.''
and inserting ``of graduated repayment schedules, established
by the lender in accordance with the regulations of the
Secretary, and income-based repayment schedules, established
pursuant to regulations by the Secretary.''; and
(ii) in the second sentence, by striking ``Except as
required'' and all that follows through ``subsection
(b)(5),'' and inserting ``Except as required by such income-
based repayment schedules,''; and
(B) in paragraph (3)(B), by striking ``income contingent
repayment offered by the Secretary under subsection (b)(5)''
and inserting ``income-based repayment''.
(c) Direct Loans.--Section 455 (as amended by sections
201(c) and 202(b)) (20 U.S.C. 1087e) is further amended--
(1) in subsection (d)--
(A) in paragraph (1)(D)--
(i) by striking ``income contingent repayment plan'' and
inserting ``income-based repayment plan''; and
(ii) by striking ``a Federal Direct PLUS loan'' and
inserting ``an excepted PLUS loan or any Federal Direct
Consolidation Loan that includes an excepted PLUS loan (as
defined in subsection (e)(10))''; and
(B) in paragraph (5)(B), by striking ``income contingent''
and inserting ``income-based''; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Income
Contingent'' and inserting ``Income-Based'';
(B) in paragraphs (1), (2), and (3), by striking ``income
contingent'' each place the term appears and inserting
``income-based'';
(C) in paragraph (4)--
(i) by striking ``Income contingent'' and inserting
``Income-based''; and
(ii) by striking ``Secretary.'' and inserting ``Secretary,
except that the monthly required payment under such schedule
shall not exceed 15 percent of the result obtained by
calculating the amount by which--
``(A) the borrower's adjusted gross income; exceeds
``(B) 150 percent of the poverty line applicable to the
borrower's family size, as determined under section 673(2) of
the Community Service Block Grant Act,
divided by 12.'';
(D) in paragraph (5), by striking ``income contingent'' and
inserting ``income-based'';
(E) by redesignating paragraph (6) as paragraph (8);
(F) by inserting after paragraph (5) the following:
``(6) Treatment of interest.--In the case of a Federal
Direct Stafford Loan, any interest due and not paid for under
paragraph (2) shall be paid by the Secretary.
``(7) Loan forgiveness.--The Secretary shall cancel the
obligation to repay an outstanding balance of principal and
interest due on all loans made under this part, or assume the
obligation to repay an outstanding balance of principal and
interest due on all loans made, insured, or guaranteed under
part B, (other than an excepted PLUS Loan, or any Federal
Direct Consolidation Loan or loan under section 428C that
includes an excepted PLUS loan) to a borrower who--
``(A) makes the election under this subsection or under
section 428(b)(9)(A)(iii); and
``(B) for a period of time prescribed by the Secretary not
to exceed 25 years (including any period during which the
borrower is in deferment due to an economic hardship
described in section 435(o)), meets 1 of the following
requirements with respect to each payment made during such
period:
``(i) Has made the payment under this subsection or section
428(b)(9)(A)(iii).
``(ii) Has made the payment under a standard repayment plan
under section 428(b)(9)(A)(i) or 455(d)(1)(A).
``(iii) Has made a payment that counted toward the maximum
repayment period under income-sensitive repayment under
section 428(b)(9)(A)(iii) or income contingent repayment
under section 455(d)(1)(D), as each such section was in
effect on June 30, 2008.
``(iv) Has made a reduced payment of not less than the
amount required under subsection (e), pursuant to a
forbearance agreement under section 428(c)(3)(A)(i) for a
borrower described in 428(c)(3)(A)(i)(II).'';
(G) in the matter preceding subparagraph (A) of paragraph
(8) (as redesignated by subparagraph (E)), by striking
``income contingent'' and inserting ``income-based''; and
(H) by adding at the end the following:
``(9) Return to standard repayment.--A borrower who is
repaying a loan made under this part pursuant to income-based
repayment may choose, at any time, to terminate repayment
pursuant to income-based repayment and repay such loan under
the standard repayment plan.
``(10) Definition of excepted plus loan.--In this
subsection, the term `excepted PLUS loan' means a Federal
Direct PLUS loan or a loan under section 428B that is made,
insured, or guaranteed on behalf of a dependent student.''.
(d) Conforming Amendments and Technical Corrections.--The
Act (20 U.S.C. 1001 et seq.) is further amended--
(1) in section 427(a)(2)(H) (20 U.S.C. 1077(a)(2)(H))--
(A) by striking ``or income-sensitive''; and
(B) by inserting ``or income-based repayment schedule
established pursuant to regulations by the Secretary'' before
the semicolon at the end; and
(2) in section 455(d)(1)(C) (20 U.S.C. 1087e(d)(1)(C)), by
striking ``428(b)(9)(A)(v)'' and inserting
``428(b)(9)(A)(iv)''.
(e) Transition Provision.--A student who, as of June 30,
2008, elects to repay a loan under part B or part D of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a
et seq.) through an income-sensitive repayment plan under
section 428(b)(9)(A)(iii) of such Act (20 U.S.C.
1078(b)(9)(A)(iii)) or an income contingent repayment plan
under section 455(d)(1)(D) of such Act (20 U.S.C.
1087e(d)(1)(D)) (as each such section was in effect on the
day before the date of enactment of this Act) shall have the
option to continue repayment under such section (as such
section was in effect on such day), or may elect, beginning
on July 1, 2008, to use the income-based repayment plan under
section 428(b)(9)(A)(iii) or 455(d)(1)(D) (as applicable) of
the Higher Education Act of 1965, as amended by this section.
(f) Effective Date and Applicability.--The amendments made
by this section shall take effect on July 1, 2008, and shall
only apply with respect to a borrower of a loan under title
IV of the Higher Education Act of 1965 who obtained the
borrower's first loan under such title prior to October 1,
2012.

TITLE III--FEDERAL FAMILY EDUCATION LOAN PROGRAM

SEC. 301. REDUCTION OF LENDER INSURANCE PERCENTAGE.

(a) Amendment.--Section 428(b)(1)(G) (20 U.S.C.
1078(b)(1)(G)) is amended--
(1) in the matter preceding clause (i), by striking
``insures 98 percent'' and inserting ``insures 97 percent'';
(2) in clause (i), by inserting ``and'' after the
semicolon;

[[Page S9524]]

(3) by striking clause (ii); and
(4) by redesignating clause (iii) as clause (ii).
(b) Effective Date.--The amendment made by subsection (a)
shall take effect with respect to loans made on or after
October 1, 2007.

SEC. 302. GUARANTY AGENCY COLLECTION RETENTION.

Clause (ii) of section 428(c)(6)(A) (20 U.S.C.
1078(c)(6)(A)(ii)) is amended to read as follows:
``(ii) an amount equal to 24 percent of such payments for
use in accordance with section 422B, except that--
``(I) beginning October 1, 2003 and ending September 30,
2007, this subparagraph shall be applied by substituting `23
percent' for `24 percent'; and
``(II) beginning October 1, 2007, this subparagraph shall
be applied by substituting `16 percent' for `24 percent'.''.

SEC. 303. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR
LENDERS.

(a) Elimination of Status.--Part B of title IV (20 U.S.C.
1071 et seq.) is amended by striking section 428I (20 U.S.C.
1078-9).
(b) Conforming Amendments.--Part B of title IV is further
amended--
(1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (H) as
subparagraphs (D) through (G), respectively; and
(2) in section 438(b)(5) (20 U.S.C. 1087-1(b)(5)), by
striking the matter following subparagraph (B).
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 2007, except that
section 428I of the Higher Education Act of 1965 (as in
effect on the day before the date of enactment of this Act)
shall apply to eligible lenders that received a designation
under subsection (a) of such section prior to October 1,
2007, for the remainder of the year for which the designation
was made.

SEC. 304. DEFINITIONS.

(a) Amendments.--Section 435 (20 U.S.C. 1085) is amended--
(1) in subsection (o)(1)--
(A) in subparagraph (A)(ii), by striking ``100 percent of
the poverty line for a family of 2'' and inserting ``150
percent of the poverty line applicable to the borrower's
family size''; and
(B) in subparagraph (B)(ii), by striking ``to a family of
two'' and inserting ``to the borrower's family size''; and
(2) by adding at the end the following:
``(p) Eligible Not-for-Profit Holder.--
``(1) Definition of eligible not-for-profit holder.--The
term `eligible not-for-profit holder' means an eligible
lender under subsection (d) (except for an eligible lender
described in subsection (d)(1)(E)) that requests a special
allowance payment under section 438(b)(2)(I)(vi)(II) and that
is--
``(A) a State of the United States, or a political
subdivision thereof, or an authority, agency, or other
instrumentality thereof (including such entities that are
eligible to issue bonds described in section 1.103-1 of title
26, Code of Federal Regulations, or section 144(b) of the
Internal Revenue Code of 1986);
``(B) an entity described in section 150(d)(2) of such Code
that has not made the election described in section 150(d)(3)
of such Code;
``(C) an entity described in section 501(c)(3) of such
Code; or
``(D) a trustee acting as an eligible lender on behalf of
an entity described in subparagraph (A), (B), or (C),
except that no entity described in subparagraph (A), (B), or
(C) shall be owned or controlled in whole or in part by a
for-profit entity.
``(2) Prohibition.--In the case of a loan for which the
special allowance payment is calculated under section
438(b)(2)(I)(vi)(II) and that is sold by the eligible not-
for-profit holder holding the loan to a for-profit entity or
to an entity that is not an eligible not-for-profit holder,
the special allowance payment for such loan shall, beginning
on the date of the sale, no longer be calculated under
section 438(b)(2)(I)(vi)(II) and shall be calculated under
section 438(b)(2)(I)(vi)(I) instead.
``(3) Regulations.--Not later than 1 year after the date of
enactment of the Higher Education Access Act of 2007, the
Secretary shall promulgate regulations in accordance with the
provisions of this subsection.''.
(b) Applicability.--The amendment made by subsection (a)(1)
shall only apply with respect to any borrower of a loan under
title IV of the Higher Education Act of 1965 who obtained the
borrower's first loan under such title prior to October 1,
2012.

SEC. 305. SPECIAL ALLOWANCES.

(a) Reduction of Lender Special Allowance Payments.--
Section 438(b)(2)(I) (20 U.S.C. 1087-1(b)(2)(I)) is amended--
(1) in clause (i), by striking ``(iii), and (iv)'' and
inserting ``(iii), (iv), and (vi)''; and
(2) by adding at the end the following:
``(vi) Reduction for loans disbursed on or after october 1,
2007.--With respect to a loan on which the applicable
interest rate is determined under section 427A(l) and for
which the first disbursement of principal is made on or after
October 1, 2007, the special allowance payment computed
pursuant to this subparagraph shall be computed--

``(I) for loans held by an eligible lender not described in
subclause (II)--

``(aa) by substituting `1.24 percent' for `1.74 percent' in
clause (ii);
``(bb) by substituting `1.84 percent' for `2.34 percent'
each place the term appears in this subparagraph;
``(cc) by substituting `1.84 percent' for `2.64 percent' in
clause (iii); and
``(dd) by substituting `2.14 percent' for `2.64 percent' in
clause (iv); and

``(II) for loans held by an eligible not-for-profit
holder--

``(aa) by substituting `1.99 percent' for `2.34 percent'
each place the term appears in this subparagraph;
``(bb) by substituting `1.39 percent' for `1.74 percent' in
clause (ii);
``(cc) by substituting `1.99 percent' for `2.64 percent' in
clause (iii); and
``(dd) by substituting `2.29 percent' for `2.64 percent' in
clause (iv).''.
(b) Increased Loan Fees From Lenders.--Paragraph (2) of
section 438(d) (20 U.S.C. 1087-1(d)(2)) is amended to read as
follows:
``(2) Amount of loan fees.--The amount of the loan fee
which shall be deducted under paragraph (1), but which may
not be collected from the borrower, shall be equal to 1.0
percent of the principal amount of the loan with respect to
any loan under this part for which the first disbursement was
made on or after October 1, 2007.''.

TITLE IV--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM

SEC. 401. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES.

Section 455 (as amended by sections 201(c), 202(b), and
203(c)) (20 U.S.C. 1087e) is further amended by adding at the
end the following:
``(m) Repayment Plan for Public Service Employees.--
``(1) In general.--The Secretary shall cancel the balance
of interest and principal due, in accordance with paragraph
(2), on any eligible Federal Direct Loan not in default for
an eligible borrower who--
``(A) has made 120 monthly payments on the Federal Direct
Loan after October 1, 2007, pursuant to any combination of--
``(i) payments under an income-based repayment plan under
section 455(d)(1)(D);
``(ii) payments under a standard repayment plan under
section 455(d)(1)(A); or
``(iii) monthly payments under a repayment plan under
section 455(d)(1) of not less than the monthly amount
calculated under section 455(d)(1)(A); and
``(B)(i) is employed in a public service job at the time of
such forgiveness; and
``(ii) has been employed in a public service job during the
period in which the borrower makes each of the 120 payments
described in subparagraph (A).
``(2) Loan cancellation amount.--After the conclusion of
the employment period described in paragraph (1), the
Secretary shall cancel the obligation to repay, for each year
during such period described in paragraph (1)(B)(ii) for
which the eligible borrower submits documentation to the
Secretary that the borrower's annual adjusted gross income or
annual earnings were less than or equal to $65,000, \1/10\ of
the amount of the balance of principal and interest due as of
the time of such cancellation, on the eligible Federal Direct
Loans made to the borrower under this part.
``(3) Definitions.--In this subsection:
``(A) Eligible borrower.--The term `eligible borrower'
means a borrower who submits documentation to the Secretary
that the borrower's annual adjusted gross income or annual
earnings is less than or equal to $65,000.
``(B) Eligible federal direct loan.--The term `eligible
Federal Direct Loan' means a Federal Direct Stafford Loan,
Federal Direct PLUS Loan, Federal Direct Unsubsidized Loan,
or a Federal Direct Consolidation Loan if such consolidation
loan was obtained by the borrower under section 428C(b)(5) or
in accordance with section 428C(a)(3)(B)(i)(V).
``(C) Public service job.--In this paragraph, the term
`public service job' means--
``(i) a full-time job in public emergency management,
government, public safety, public law enforcement, public
health, public education, public early childhood education,
public child care, social work in a public child or family
service agency, public services for individuals with
disabilities, public services for the elderly, public
interest legal services (including prosecution or public
defense), public library sciences, public school library
sciences, or other public school-based services; or
``(ii) teaching as a full-time faculty member at a Tribal
College or University as defined in section 316(b).''.

SEC. 402. UNIT COST CALCULATION FOR GUARANTY AGENCY ACCOUNT
MAINTENANCE FEES.

Section 458(b) (20 U.S.C. 1087h(b)) is amended--
(1) by striking ``Account'' and inserting the following:
``(1) For fiscal years 2006 and 2007.--For each of the
fiscal years 2006 and 2007, account''; and
(2) by adding at the end the following:
``(2) For fiscal year 2008 and succeeding fiscal years.--
``(A) In general.--For fiscal year 2008 and each succeeding
fiscal year, the Secretary shall calculate the account
maintenance fees payable to guaranty agencies under
subsection (a)(3), on a per-loan cost basis in accordance
with subparagraph (B).
``(B) Amount determination.--To determine the amount that
shall be paid under subsection (a)(3) per outstanding loan
guaranteed by a guaranty agency for fiscal year 2008 and
succeeding fiscal years, the Secretary shall--

[[Page S9525]]

``(i) establish the per-loan cost basis amount by dividing
the total amount of account maintenance fees paid under
subsection (a)(3) for fiscal year 2006 by the number of loans
under part B that were outstanding for that fiscal year; and
``(ii) for subsequent fiscal years, adjust the amount
determined under clause (i) as the Secretary determines
necessary to account for inflation.''.

TITLE V--FEDERAL PERKINS LOANS

SEC. 501. DISTRIBUTION OF LATE COLLECTIONS.

Section 466(b) (20 U.S.C. 1087ff(b)) is amended by striking
``March 31, 2012'' and inserting ``September 30, 2012''.

TITLE VI--NEED ANALYSIS

SEC. 601. SUPPORT FOR WORKING STUDENTS.

(a) Dependent Students.--Subparagraph (D) of section
475(g)(2) (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as
follows:
``(D) an income protection allowance of the following
amount (or a successor amount prescribed by the Secretary
under section 478):
``(i) for academic year 2009-2010, $3,750;
``(ii) for academic year 2010-2011, $4,500;
``(iii) for academic year 2011-2012, $5,250; and
``(iv) for academic year 2012-2013, $6,000;''.
(b) Independent Students Without Dependents Other Than a
Spouse.--Clause (iv) of section 476(b)(1)(A) (20 U.S.C.
1087pp(b)(1)(A)(iv)) is amended to read as follows:
``(iv) an income protection allowance of the following
amount (or a successor amount prescribed by the Secretary
under section 478):

``(I) for single or separated students, or married students
where both are enrolled pursuant to subsection (a)(2)--

``(aa) for academic year 2009-2010, $7,000;
``(bb) for academic year 2010-2011, $7,780;
``(cc) for academic year 2011-2012, $8,550; and
``(dd) for academic year 2012-2013, $9,330; and

``(II) for married students where 1 is enrolled pursuant to
subsection (a)(2)--

``(aa) for academic year 2009-2010, $11,220;
``(bb) for academic year 2010-2011, $12,460;
``(cc) for academic year 2011-2012, $13,710; and
``(dd) for academic year 2012-2013, $14,960;''.
(c) Independent Students With Dependents Other Than a
Spouse.--Paragraph (4) of section 477(b) (20 U.S.C.
1087qq(b)(4)) is amended to read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the tables described in
subparagraphs (A) through (D) (or a successor table
prescribed by the Secretary under section 478).
``(A) Academic year 2009-2010.--For academic year 2009-
2010, the income protection allowance is determined by the
following table:

``Income Protection Allowance
------------------------------------------------------------------------
Number in College
Family Size  ----------------------------------------------------------
1           2           3           4          5
------------------------------------------------------------------------
2      $17,720     $14,690
3       22,060      19,050     $16,020
4       27,250      24,220      21,210     $18,170
5       32,150      29,120      26,100      23,070    $20,060
6       37,600      34,570      31,570      28,520     25,520
------------------------------------------------------------------------
NOTE: For each additional family member, add $4,240. For each additional
college student, subtract $3,020.

``(B) Academic year 2010-2011.--For academic year 2010-
2011, the income protection allowance is determined by the
following table:

``Income Protection Allowance
------------------------------------------------------------------------
Number in College
Family Size  ----------------------------------------------------------
1           2           3           4          5
------------------------------------------------------------------------
2      $19,690     $16,330
3       24,510      21,160     $17,800
4       30,280      26,910      23,560     $20,190
5       35,730      32,350      29,000      25,640    $22,290
6       41,780      38,410      35,080      31,690     28,350
------------------------------------------------------------------------
NOTE: For each additional family member, add $4,710. For each additional
college student, subtract $3,350.

``(C) Academic year 2011-2012.--For academic year 2011-
2012, the income protection allowance is determined by the
following table:

``Income Protection Allowance
------------------------------------------------------------------------
Number in College
Family Size  ----------------------------------------------------------
1           2           3           4          5
------------------------------------------------------------------------
2      $21,660     $17,960
3       26,960      23,280     $19,580
4       33,300      29,600      25,920     $22,210
5       39,300      35,590      31,900      28,200    $24,520
6       45,950      42,250      38,580      34,860     31,190
------------------------------------------------------------------------
NOTE: For each additional family member, add $5,180. For each additional
college student, subtract $3,690.

``(D) Academic year 2012-2013.--For academic year 2012-
2013, the income protection allowance is determined by the
following table:

``Income Protection Allowance
------------------------------------------------------------------------
Number in College
Family Size  ----------------------------------------------------------
1           2           3           4          5
------------------------------------------------------------------------
2      $23,630     $19,590
3       29,420      25,400     $21,360
4       36,330      32,300      28,280     $24,230
5       42,870      38,820      34,800      30,770    $26,750
6       50,130      46,100      42,090      38,030     34,020
------------------------------------------------------------------------
NOTE: For each additional family member, add $5,660. For each additional
college student, subtract $4,020.''.

(d) Updated Tables and Amounts.--Section 478(b) (20 U.S.C.
1087rr(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Revised tables.--
``(A) In general.--For each academic year after academic
year 2008-2009, the Secretary shall publish in the Federal
Register a revised table of income protection allowances for
the purpose of such sections, subject to subparagraphs (B)
and (C).
``(B) Table for independent students.--
``(i) Academic years 2009-2010 through 2012-2013.--For each
of the academic years 2009-2010 through 2012-2013, the
Secretary shall not develop a revised table of income
protection allowances under section 477(b)(4) and

[[Page S9526]]

the table specified for such academic year under
subparagraphs (A) through (D) of such section shall apply.
``(ii) Other academic years.--For each academic year after
academic year 2012-2013, the Secretary shall develop the
revised table of income protection allowances by increasing
each of the dollar amounts contained in the table of income
protection allowances under section 477(b)(4)(D) by a
percentage equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary) between
December 2011 and the December next preceding the beginning
of such academic year, and rounding the result to the nearest
$10.
``(C) Table for parents.--For each academic year after
academic year 2008-2009, the Secretary shall develop the
revised table of income protection allowances under section
475(c)(4) by increasing each of the dollar amounts contained
in the table by a percentage equal to the estimated
percentage increase in the Consumer Price Index (as
determined by the Secretary) between December 1992 and the
December next preceding the beginning of such academic year,
and rounding the result to the nearest $10.''; and
(2) in paragraph (2), by striking ``shall be developed''
and all that follows through the period at the end and
inserting ``shall be developed for each academic year after
academic year 2012-2013, by increasing each of the dollar
amounts contained in such section for academic year 2012-2013
by a percentage equal to the estimated percentage increase in
the Consumer Price Index (as determined by the Secretary)
between December 2011 and the December next preceding the
beginning of such academic year, and rounding the result to
the nearest $10.''.
(e) Effective Date.--The amendments made by this section
shall take effect on July 1, 2009.

SEC. 602. AUTOMATIC ZERO IMPROVEMENTS.

(a) In General.--Section 479(c) (20 U.S.C. 1087ss(c)) is
amended--
(1) in paragraph (1)(B), by striking ``20,000'' and
inserting ``$30,000''; and
(2) in paragraph (2)(B), by striking ``$20,000'' and
inserting ``$30,000''.
(b) Effective Date.--The amendments made by this section
shall take effect on July 1, 2009.

SEC. 603. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.

The third sentence of section 479A(a) (20 U.S.C. 1087tt(a))
is amended--
(1) by inserting ``or an independent student'' after
``family member''; and
(2) by inserting ``a change in housing status that results
in homelessness (as defined in section 103 of the McKinney-
Vento Homeless Assistance Act),'' after ``under section
487,''.

SEC. 604. DEFINITIONS.

(a) In General.--Section 480 (20 U.S.C. 1087vv) is
amended--
(1) in subsection (a)(2)--
(A) by striking ``and no portion'' and inserting ``no
portion''; and
(B) by inserting ``and no distribution from any qualified
education benefit described in subsection (f)(3) that is not
subject to Federal income tax,'' after ``1986,'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1), (2), (3) through (6),
and (7) as subparagraphs (A), (B), (D) through (G), and (I),
respectively, and indenting appropriately;
(B) by striking ``Independent Student.--The term'' and
inserting ``Independent Student.--
``(1) Definition.--The term'';
(C) by striking subparagraph (B) (as redesignated by
subparagraph (A)) and inserting the following:
``(B) is an orphan, in foster care, or a ward of the court,
or was in foster care or a ward of the court until the
individual reached the age of 18;
``(C) is an emancipated minor or is in legal guardianship
as determined by a court of competent jurisdiction in the
individual's State of legal residence;'';
(D) in subparagraph (G) (as redesignated by subparagraph
(A)), by striking ``or'' after the semicolon;
(E) by inserting after subparagraph (G) (as redesignated by
subparagraph (A)) the following:
``(H) has been verified as an unaccompanied youth who is a
homeless child or youth (as such terms are defined in section
725 of the McKinney-Vento Homeless Assistance Act) during the
school year in which the application is submitted, by--
``(i) a local educational agency homeless liaison,
designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act;
``(ii) the director of a program funded under the Runaway
and Homeless Youth Act or a designee of the director; or
``(iii) the director of a program funded under subtitle B
of title IV of the McKinney-Vento Homeless Assistance Act
(relating to emergency shelter grants) or a designee of the
director; or''; and
(F) by adding at the end the following:
``(2) Simplifying the dependency override process.--A
financial aid administrator may make a determination of
independence under paragraph (1)(I) based upon a documented
determination of independence that was previously made by
another financial aid administrator under such paragraph in
the same award year.'';
(3) in subsection (e)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) special combat pay.'';
(4) in subsection (f), by striking paragraph (3) and
inserting the following:
``(3) A qualified education benefit shall be considered an
asset of--
``(A) the student if the student is an independent student;
or
``(B) the parent if the student is a dependent student,
regardless of whether the owner of the account is the student
or the parent.'';
(5) in subsection (j)--
(A) in paragraph (2), by inserting ``, or a distribution
that is not includable in gross income under section 529 of
such Code, under another prepaid tuition plan offered by a
State, or under a Coverdell education savings account under
section 530 of such Code,'' after ``1986''; and
(B) by adding at the end the following:
``(4) Notwithstanding paragraph (1), special combat pay
shall not be treated as estimated financial assistance for
purposes of section 471(3).''; and
(6) by adding at the end the following:
``(n) Special Combat Pay.--The term `special combat pay'
means pay received by a member of the Armed Forces because of
exposure to a hazardous situation.''.

SEC. 605. AUTHORIZATION AND APPROPRIATIONS.

There are authorized to be appropriated, and there are
appropriated, out of any money in the Treasury not otherwise
appropriated, $10,000,000 for fiscal year 2008 for the
Department of Education to pay the estimated increase in
costs in the Federal Pell Grant program under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) resulting
from the amendments made by sections 603 and 604 for award
year 2007-2008.

TITLE VII--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

SEC. 701. STUDENT ELIGIBILITY.

(a) Amendments.--Section 484(r) (20 U.S.C. 1091(r)) is
amended--
(1) in the table in paragraph (1), by inserting ``while
such student is enrolled in an institution of higher
education and receiving financial assistance under this
title'' after ``of a controlled substance'' each place the
term appears;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(4) Interaction with fafsa.--The Secretary shall not
require a student to provide information regarding the
student's possession or sale of a controlled substance on the
Free Application for Federal Student Aid (FAFSA) or any other
common financial reporting form described in section
483(a).''.
(b) Authorization and Appropriations.--There are authorized
to be appropriated, and there are appropriated, out of any
money in the Treasury not otherwise appropriated, $5,000,000
for fiscal year 2008 for the Department of Education to pay
the estimated increase in costs in the Federal Pell Grant
program under section 401 of the Higher Education Act of 1965
(20 U.S.C. 1070a) resulting from the amendments made by
subsection (a) for award year 2007-2008.

TITLE VIII--MISCELLANEOUS

SEC. 801. COMPETITIVE LOAN AUCTION PILOT PROGRAM.

Title IV (20 U.S.C. 1070 et seq.) is further amended by
adding at the end the following:

``PART I--COMPETITIVE LOAN AUCTION PILOT PROGRAM; STATE GRANT PROGRAM

``SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM.

``(a) Definitions.--In this section:
``(1) Eligible federal plus loan.--The term `eligible
Federal PLUS Loan' means a loan described in section 428B
made to a parent of a dependent student.
``(2) Eligible lender.--The term `eligible lender' has the
meaning given the term in section 435.
``(b) Pilot Program.--The Secretary shall carry out a pilot
program under which the Secretary establishes a mechanism for
an auction of eligible Federal PLUS Loans in accordance with
this subsection. The pilot program shall meet the following
requirements:
``(1) Planning and implementation.--During the period
beginning on the date of enactment of this section and ending
on June 30, 2009, the Secretary shall plan and implement the
pilot program under this subsection.
``(2) Origination and disbursement; applicability of
section 428b.--Beginning on July 1, 2009, the Secretary shall
arrange for the origination and disbursement of all eligible
Federal PLUS Loans in accordance with the provisions of this
subsection and the provisions of section 428B that are not
inconsistent with this subsection.
``(3) Loan origination mechanism.--The Secretary shall
establish a loan origination auction mechanism that meets the
following requirements:
``(A) Auction.--The Secretary administers an auction under
this paragraph for each State under which eligible lenders
compete to originate eligible Federal PLUS Loans under this
paragraph at all institutions of higher education within the
State.
``(B) Prequalification process.--The Secretary establishes
a prequalification process for eligible lenders desiring to
participate in an auction under this paragraph that contains,
at a minimum--

[[Page S9527]]

``(i) a set of borrower benefits and servicing requirements
each eligible lender shall meet in order to participate in
such an auction; and
``(ii) an assessment of each such eligible lender's
capacity, including capital capacity, to participate
effectively.
``(C) Timing and origination.--Each State auction takes
place every 2 years, and the eligible lenders with the
winning bids for the State are the only eligible lenders
permitted to originate eligible Federal PLUS Loans made under
this paragraph for the cohort of students at the institutions
of higher education within the State until the students
graduate from or leave the institutions of higher education.
``(D) Bids.--Each eligible lender's bid consists of the
amount of the special allowance payment (including the
recapture of excess interest) the eligible lender proposes to
accept from the Secretary with respect to the eligible
Federal PLUS Loans made under this paragraph in lieu of the
amount determined under section 438(b)(2)(I).
``(E) Maximum bid.--The maximum bid allowable under this
paragraph shall not exceed the amount of the special
allowance payable on eligible Federal PLUS Loans made under
this paragraph computed under section 438(b)(2)(I) (other
than clauses (ii), (iii), (iv), and (vi) of such section),
except that for purposes of the computation under this
subparagraph, section 438(b)(2)(I)(i)(III) shall be applied
by substituting `1.74 percent' for `2.34 percent'.
``(F) Winning bids.--The winning bids for each State
auction shall be the 2 bids containing the lowest and the
second lowest proposed special allowance payments, subject to
subparagraph (E).
``(G) Agreement with secretary.--Each eligible lender
having a winning bid under subparagraph (F) enters into an
agreement with the Secretary under which the eligible
lender--
``(i) agrees to originate eligible Federal PLUS Loans under
this paragraph to each borrower who--

``(I) seeks an eligible Federal PLUS Loan under this
paragraph to enable a dependent student to attend an
institution of higher education within the State;
``(II) is eligible for an eligible Federal PLUS Loan; and
``(III) elects to borrow from the eligible lender; and

``(ii) agrees to accept a special allowance payment
(including the recapture of excess interest) from the
Secretary with respect to the eligible Federal PLUS Loans
originated under clause (i) in the amount proposed in the
second lowest winning bid described in subparagraph (F) for
the applicable State auction.
``(H) Sealed bids; confidentiality.--All bids are sealed
and the Secretary keeps the bids confidential, including
following the announcement of the winning bids.
``(I) Eligible lender of last resort.--
``(i) In general.--In the event that there is no winning
bid under subparagraph (F), the students at the institutions
of higher education within the State that was the subject of
the auction shall be served by an eligible lender of last
resort, as determined by the Secretary.
``(ii) Determination of eligible lender of last resort.--
Prior to the start of any auction under this paragraph,
eligible lenders that desire to serve as an eligible lender
of last resort shall submit an application to the Secretary
at such time and in such manner as the Secretary may
determine. Such application shall include an assurance that
the eligible lender will meet the prequalification
requirements described in subparagraph (B).
``(iii) Geographic location.--The Secretary shall identify
an eligible lender of last resort for each State.
``(iv) Notification timing.--The Secretary shall not
identify any eligible lender of last resort until after the
announcement of all the winning bids for a State auction for
any year.
``(J) Guarantee against losses.--The Secretary guarantees
the eligible Federal PLUS Loans made under this paragraph
against losses resulting from the default of a parent
borrower in an amount equal to 99 percent of the unpaid
principal and interest due on the loan.
``(K) Loan fees.--The Secretary shall not collect a loan
fee under section 438(d) with respect to an eligible Federal
Plus Loan originated under this paragraph.
``(L) Consolidation.--
``(i) In general.--An eligible lender who is permitted to
originate eligible Federal PLUS Loans for a borrower under
this paragraph shall have the option to consolidate such
loans into 1 loan.
``(ii) Notification.--In the event a borrower with eligible
Federal PLUS Loans made under this paragraph wishes to
consolidate the loans, the borrower shall notify the eligible
lender who originated the loans under this paragraph.
``(iii) Limitation on eligible lender option to
consolidate.--The option described in clause (i) shall not
apply if--

``(I) the borrower includes in the notification in clause
(ii) verification of consolidation terms and conditions
offered by an eligible lender other than the eligible lender
described in clause (i); and
``(II) not later than 10 days after receiving such
notification from the borrower, the eligible lender described
in clause (i) does not agree to match such terms and
conditions, or provide more favorable terms and conditions to
such borrower than the offered terms and conditions described
in subclause (I).

``(iv) Consolidation of additional loans.--If a borrower
has a Federal Direct PLUS Loan or a loan made on behalf of a
dependent student under section 428B and seeks to consolidate
such loan with an eligible Federal PLUS Loan made under this
paragraph, then the eligible lender that originated the
borrower's loan under this paragraph may include in the
consolidation under this subparagraph a Federal Direct PLUS
Loan or a loan made on behalf of a dependent student under
section 428B, but only if--

``(I) in the case of a Federal Direct PLUS Loan, the
eligible lender agrees, not later than 10 days after the
borrower requests such consolidation from the lender, to
match the consolidation terms and conditions that would
otherwise be available to the borrower if the borrower
consolidated such loans in the loan program under part D; or
``(II) in the case of a loan made on behalf of a dependent
student under section 428B, the eligible lender agrees, not
later than 10 days after the borrower requests such
consolidation from the lender, to match the consolidation
terms and conditions offered by an eligible lender other than
the eligible lender that originated the borrower's loans
under this paragraph.

``(v) Special allowance on consolidation loans that include
loans made under this paragraph.--The applicable special
allowance payment for loans consolidated under this paragraph
shall be equal to the lesser of--

``(I) the weighted average of the special allowance payment
on such loans, except that such weighted average shall
exclude the special allowance payment for any Federal Direct
PLUS Loan included in the consolidation; or
``(II) the result of--

``(aa) the average of the bond equivalent rates of the
quotes of the 3-month commercial paper (financial) rates in
effect for each of the days in such quarter as reported by
the Federal Reserve in Publication H-15 (or its successor)
for such 3-month period; plus
``(bb) 1.59 percent.
``(vi) Interest payment rebate fee.--Any loan under section
428C consolidated under this paragraph shall not be subject
to the interest payment rebate fee under section 428C(f).
``(c) College Access Partnership Grant Program.--
``(1) Purpose.--It is the purpose of this subsection to
make payments to States to assist the States in carrying out
the activities and services described in paragraph (7) in
order to increase access to higher education for students in
the State.
``(2) Authorization and appropriations.--There are
authorized to be appropriated, and there are appropriated,
$25,000,000 for each of the fiscal years 2008 and 2009 to
carry out this subsection.
``(3) Program authorized.--
``(A) Grants authorized.--From amounts appropriated under
paragraph (2), the Secretary shall award grants, from
allotments under paragraph (4), to States having applications
approved under paragraph (5), to enable the State to pay the
Federal share of the costs of carrying out the activities and
services described in paragraph (7).
``(B) Federal share; non-federal share.--
``(i) Federal share.--The amount of the Federal share under
this subsection for a fiscal year shall be equal to \2/3\ of
the costs of the activities and services described in
paragraph (7).
``(ii) Non-federal share.--The amount of the non-Federal
share under this subsection shall be equal to \1/3\ of the
costs of the activities and services described in paragraph
(7). The non-Federal share may be in cash or in-kind, and may
be provided from a combination of State resources and
contributions from private organizations in the State.
``(C) Reduction for failure to pay non-federal share.--If a
State fails to provide the full non-Federal share required
under this paragraph, the Secretary shall reduce the amount
of the grant payment under this subsection proportionately.
``(D) Temporary ineligibility for subsequent payments.--
``(i) In general.--The Secretary shall determine a State to
be temporarily ineligible to receive a grant payment under
this subsection for a fiscal year if--

``(I) the State fails to submit an annual report pursuant
to paragraph (9) for the preceding fiscal year; or
``(II) the Secretary determines, based on information in
such annual report, that the State is not effectively meeting
the conditions described under paragraph (8) and the goals of
the application under paragraph (5).

``(ii) Reinstatement.--If the Secretary determines a State
is ineligible under clause (i), the Secretary may enter into
an agreement with the State setting forth the terms and
conditions under which the State may regain eligibility to
receive payments under this subsection.
``(4) Determination of allotment.--
``(A) Amount of allotment.--Subject to subparagraph (B), in
making grant payments to States under this subsection, the
allotment to each State for a fiscal year shall be equal to
the sum of--
``(i) the amount that bears the same relation to 50 percent
of the amount appropriated under paragraph (2) for such
fiscal year as the number of residents in the State aged 5
through 17 who are living below the

[[Page S9528]]

poverty line applicable to the resident's family size (as
determined under section 673(2) of the Community Service
Block Grant Act) bears to the total number of such residents
in all States; and
``(ii) the amount that bears the same relation to 50
percent of the amount appropriated under paragraph (2) for
such fiscal year as the number of residents in the State aged
15 through 44 who are living below the poverty line
applicable to the individual's family size (as determined
under section 673(2) of the Community Service Block Grant
Act) bears to the total number of such residents in all
States.
``(B) Minimum amount.--No State shall receive an allotment
under this subsection for a fiscal year in an amount that is
less than \1/2\ of 1 percent of the total amount appropriated
under paragraph (2) for such fiscal year.
``(5) Submission and contents of application.--
``(A) In general.--For each fiscal year for which a State
desires a grant payment under paragraph (3), the State agency
with jurisdiction over higher education, or another agency
designated by the Governor of the State to administer the
program under this subsection, shall submit an application to
the Secretary at such time, in such manner, and containing
the information described in subparagraph (B).
``(B) Application.--An application submitted under
subparagraph (A) shall include the following:
``(i) A description of the State's capacity to administer
the grant under this subsection and report annually to the
Secretary on the activities and services described in
paragraph (7).
``(ii) A description of the State's plan for using the
grant funds to meet the requirements of paragraphs (7) and
(8), including plans for how the State will make special
efforts to provide such benefits to students in the State
that are underrepresented in postsecondary education.
``(iii) A description of how the State will provide or
coordinate the non-Federal share from State and private
funds, if applicable.
``(iv) A description of the existing structure that the
State has in place to administer the activities and services
under paragraph (7) or the plan to develop such
administrative capacity.
``(6) Payment to eligible nonprofit organizations.--A State
receiving a payment under this subsection may elect to make a
payment to 1 or more eligible nonprofit organizations,
including an eligible not-for-profit holder (as defined in
section 438(p)), or a partnership of such organizations, in
the State in order to carry out activities or services
described in paragraph (7), if the eligible nonprofit
organization or partnership--
``(A) was in existence on the day before the date of
enactment of the Higher Education Access Act of 2007; and
``(B) as of the day of such payment, is participating in
activities and services related to increasing access to
higher education, such as those activities and services
described in paragraph (7).
``(7) Allowable uses.--
``(A) In general.--Subject to subparagraph (C), a State may
use a grant payment under this subsection only for the
following activities and services, pursuant to the conditions
under paragraph (8):
``(i) Information for students and families regarding--

``(I) the benefits of a postsecondary education;
``(II) postsecondary education opportunities;
``(III) planning for postsecondary education; and
``(IV) career preparation.

``(ii) Information on financing options for postsecondary
education and activities that promote financial literacy and
debt management among students and families.
``(iii) Outreach activities for students who may be at risk
of not enrolling in or completing postsecondary education.
``(iv) Assistance in completion of the Free Application for
Federal Student Aid or other common financial reporting form
under section 483(a).
``(v) Need-based grant aid for students.
``(vi) Professional development for guidance counselors at
middle schools and secondary schools, and financial aid
administrators and college admissions counselors at
institutions of higher education, to improve such
individuals' capacity to assist students and parents with--

``(I) understanding--

``(aa) entrance requirements for admission to institutions
of higher education; and
``(bb) State eligibility requirements for Academic
Competitiveness Grants or National SMART Grants under section
401A, and other financial assistance that is dependent upon a
student's coursework;

``(II) applying to institutions of higher education;
``(III) applying for Federal student financial assistance
and other State, local, and private student financial
assistance and scholarships;
``(IV) activities that increase students' ability to
successfully complete the coursework required for a
postsecondary degree, including activities such as tutoring
or mentoring; and
``(V) activities to improve secondary school students'
preparedness for postsecondary entrance examinations.

``(vii) Student loan cancellation or repayment (as
applicable), or interest rate reductions, for borrowers who
are employed in a high-need geographical area or a high-need
profession in the State, as determined by the State.
``(B) Prohibited uses.--Funds made available under this
subsection shall not be used to promote any lender's loans.
``(C) Use of funds for administrative purposes.--A State
may use not more than 2 percent of the total amount of the
Federal share and non-Federal share provided under this
subsection for administrative purposes relating to the grant
under this subsection.
``(8) Special conditions.--
``(A) Availability to students and families.--A State
receiving a grant payment under this subsection shall--
``(i) make the activities and services described in clauses
(i) through (vi) of paragraph (7)(A) that are funded under
the payment available to all qualifying students and families
in the State;
``(ii) allow students and families to participate in the
activities and services without regard to--

``(I) the postsecondary institution in which the student
enrolls;
``(II) the type of student loan the student receives;
``(III) the servicer of such loan; or
``(IV) the student's academic performance;

``(iii) not charge any student or parent a fee or
additional charge to participate in the activities or
services; and
``(iv) in the case of an activity providing grant aid, not
require a student to meet any condition other than
eligibility for Federal financial assistance under this
title, except as provided for in the loan cancellation or
repayment or interest rate reductions described in paragraph
(7)(A)(vii).
``(B) Priority.--A State receiving a grant payment under
this subsection shall, in carrying out any activity or
service described in paragraph (7)(A) with the grant funds,
prioritize students and families who are living below the
poverty line applicable to the individual's family size (as
determined under section 673(2) of the Community Service
Block Grant Act).
``(C) Disclosures.--
``(i) Organizational disclosures.--In the case of a State
that has chosen to make a payment to an eligible not-for-
profit holder in the State in accordance with paragraph (6),
the holder shall clearly and prominently indicate the name of
the holder and the nature of its work in connection with any
of the activities carried out, or any information or services
provided, with such funds.
``(ii) Informational disclosures.--Any information about
financing options for higher education provided through an
activity or service funded under this subsection shall--

``(I) include information to students and the students'
parents of the availability of Federal, State, local,
institutional, and other grants and loans for postsecondary
education; and
``(II) present information on financial assistance for
postsecondary education that is not provided under this title
in a manner that is clearly distinct from information on
student financial assistance under this title.

``(D) Coordination.--A State receiving a grant payment
under this subsection shall attempt to coordinate the
activities carried out with the payment with any existing
activities that are similar to such activities, and with any
other entities that support the existing activities in the
State.
``(9) Report.--A State receiving a payment under this
subsection shall prepare and submit an annual report to the
Secretary on the program under this subsection and on the
implementation of the activities and services described in
paragraph (7). The report shall include--
``(A) each activity or service that was provided to
students and families over the course of the year;
``(B) the cost of providing each activity or service;
``(C) the number, and percentage, if feasible and
applicable, of students who received each activity or
service; and
``(D) the total contributions from private organizations
included in the State's non-Federal share for the fiscal
year.
``(10) Sunset.--The authority provided to carry out this
subsection shall expire on September 30, 2009.
``(d) Financial Literacy Program Established.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means a nonprofit or for-profit
organization, or a consortium of such organizations, with a
demonstrated record of effectiveness in providing financial
literacy services to students at the secondary and
postsecondary level.
``(2) Program established.--From amounts appropriated under
paragraph (6), the Secretary shall award grants to eligible
entities to enable the eligible entities to increase the
financial literacy of students who are enrolled or will
enroll in an institution of higher education, including
providing instruction to students on topics such as the
understanding of loan terms and conditions, the calculation
of interest rates, refinancing of debt, debt management, and
future savings for education, health care and long-term care,
and retirement.
``(3) Grant period; renewability.--Each grant under this
subsection shall be awarded for one 5-year period, and may
not be renewed.
``(4) Matching requirements.--Each eligible entity that
receives a grant under this subsection shall provide, from
non-Federal

[[Page S9529]]

sources, an amount (which may be provided in cash or in kind)
to carry out the activities supported by the grant equal to
100 percent of the amount received under the grant.
``(5) Applications.--An eligible entity desiring a grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require. Such
application shall include the following:
``(A) A detailed description of the eligible entity's plans
for providing financial literacy activities and the students
and schools the grant will target.
``(B) The eligible entity's plan for using the matching
grant funds, including how the funds will be used to provide
financial literacy programs to students.
``(C) A plan to ensure the viability of the work of the
eligible entity beyond the grant period.
``(D) A detailed description of the activities that carry
out this subsection and that are conducted by the eligible
entity at the time of the application, and how the matching
grant funds will assist the eligible entity with expanding
and enhancing such activities.
``(E) A description of the strategies that will be used to
target activities under the grant to students in secondary
school and enrolled in institutions of higher education who
are historically underrepresented in institutions of higher
education and who may benefit from the activities of the
eligible entity.
``(6) Authorization and appropriations.--There are
authorized to be appropriated, and there are appropriated,
$10,000,000 for each of the fiscal years 2008 and 2009 to
carry out this subsection.
``(e) Secondary School Graduation and College Enrollment
Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible local educational agency.--
``(i) In general.--The term `eligible local educational
agency' means a local educational agency with a secondary
school graduation rate of 70 percent or less--

``(I) in the aggregate; or
``(II) applicable to 2 or more subgroups of secondary
school students served by the local educational agency that
are described in clause (ii).

``(ii) Subgroups.--A subgroup referred to in clause (i)(II)
is--

``(I) a subgroup of economically disadvantaged students; or
``(II) a subgroup of students from a major racial or ethnic
group.

``(B) Eligible entity.--The term `eligible entity' means a
consortium of a nonprofit organization and an institution of
higher education with a demonstrated record of effectiveness
in raising secondary school graduation rates and
postsecondary enrollment rates.
``(2) Program established.--From amounts appropriated under
paragraph (7), the Secretary shall award grants to eligible
entities to enable the eligible entities to carry out
activities that--
``(A) create models of excellence for academically rigorous
secondary schools, including early college secondary schools;
``(B) increase secondary school graduation rates;
``(C) raise the rate of students who enroll in an
institution of higher education;
``(D) improve instruction and access to supports for
struggling secondary school students;
``(E) create, implement, and utilize early warning systems
to help identify students at risk of dropping out of
secondary school; and
``(F) improve communication between parents, students, and
schools concerning requirements for secondary school
graduation, postsecondary education enrollment, and financial
assistance available for attending postsecondary education.
``(3) Use of funds.--An eligible entity that receives a
grant under this subsection shall use the funds--
``(A) to implement a college-preparatory curriculum for all
students in a secondary school served by the eligible local
educational agency that is, at a minimum, aligned with a
rigorous secondary school program of study;
``(B) to implement accelerated academic catch-up programs,
for students who enter secondary school not meeting the
proficient levels of student academic achievement on the
State academic assessments for mathematics, reading or
language arts, or science under section 1111(b)(3) of the
Elementary and Secondary Education Act of 1965, that enable
such students to meet the proficient levels of achievement
and remain on track to graduate from secondary school on time
with a regular secondary school diploma;
``(C) to implement an early warning system to quickly
identify students at risk of dropping out of secondary
school, including systems that track student absenteeism; and
``(D) to implement a comprehensive postsecondary education
guidance program that--
``(i) will ensure that all students are regularly notified
throughout the students' time in secondary school of
secondary school graduation requirements and postsecondary
education entrance requirements; and
``(ii) provides guidance and assistance to students in
applying to an institution of higher education and in
applying for Federal financial assistance and other State,
local, and private financial assistance and scholarships.
``(4) Grant period; renewability.--Each grant under this
subsection shall be awarded for one 5-year period, and may
not be renewed.
``(5) Matching requirements.--Each eligible entity that
receives a grant under this subsection shall provide, from
non-Federal sources, an amount (which may be provided in cash
or in-kind) to carry out the activities supported by the
grant equal to 100 percent of the amount received under the
grant.
``(6) Applications.--An eligible entity desiring a grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(7) Authorization and appropriations.--There are
authorized to be appropriated, and there are appropriated,
$25,000,000 for each of the fiscal years 2008 and 2009 to
carry out this subsection.''.
______

SA 2328. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1642, to extend the authorization of programs under
the Higher Education Act of 1965, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 802. CAMPUS-BASED DIGITAL THEFT PREVENTION.

Part G of title IV (20 U.S.C. 1088 et seq.) is amended by
adding at the end the following:

``SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.

``(a) In General.--Each eligible institution participating
in any program under this title which is among those
identified during the prior calendar year by the Secretary
pursuant to subsection (b)(2), shall--
``(1) provide evidence to the Secretary that the
institution has notified students on its policies and
procedures related to the illegal downloading and
distribution of copyrighted materials by students as required
under section 485(a)(1)(P);
``(2) undertake a review, which shall be submitted to the
Secretary, of its procedures and plans related to preventing
illegal downloading and distribution to determine the
program's effectiveness and implement changes to the program
if the changes are needed; and
``(3) provide evidence to the Secretary that the
institution has developed a plan for implementing a
technology-based deterrent to prevent the illegal downloading
or peer-to-peer distribution of intellectual property.
``(b) Identification.--For purposes of carrying out the
requirements of subsection (a), the Secretary shall, on an
annual basis, identify--
``(1) the 25 institutions of higher education participating
in programs under this title, which have received during the
previous calendar year the highest number of written notices
from copyright owners, or persons authorized to act on behalf
of copyright owners, alleging infringement of copyright by
users of the institution's information technology systems,
where such notices identify with specificity the works
alleged to be infringed, or a representative list of works
alleged to be infringed, the date and time of the alleged
infringing conduct together with information sufficient to
identify the infringing user, and information sufficient to
contact the copyright owner or its authorized representative;
and
``(2) from among the 25 institutions described in paragraph
(1), those that have received during the previous calendar
year not less than 100 notices alleging infringement of
copyright by users of the institution's information
technology systems, as described in paragraph (1).''.
______

SA 2329. Ms. MURKOWSKI proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

On page 55, line 23, strike ``$25,000,000'' and insert
``$113,000,000''.
______

SA 2330. Mr. KENNEDY proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

Strike subparagraph (G) of section 401B(e)(1) of the Higher
Education Act of 1965, as added by section 102(a) of the
Higher Education Access Act of 2007, and insert the
following:
``(G) $3,650,000,000 for fiscal year 2014;
``(H) $3,850,000,000 for fiscal year 2015;
``(I) $4,175,000,000 for fiscal year 2016; and
``(J) $4,180,000,000 for fiscal year 2017.

____________________