S.Amdt. 2901

TEXT OF AMENDMENTS

SA 2887. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 1124, to extend the District of Columbia College
Access Act of 1999; as follows:

At the end of the bill, add the following:

SEC. 2. MEANS TESTING.

(a) In General.--Section 3(c)(2) of the District of
Columbia College Access Act of 1999 (113 Stat. 1324; Public
Law 106-98) is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) is from a family with a taxable annual income of less
than $1,000,000.''.
(b) Conforming Amendment.--Section 5(c)(2) of the District
of Columbia College Access Act of 1999 (113 Stat. 1328;
Public Law 106-98) is amended by striking ``through (F)'' and
inserting ``through (G)''.
______

SA 2888. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 1124, to extend the District of Columbia College
Access Act of 1999; as follows:

At the end of the bill, add the following:

SEC. 2. NON-DISCRIMINATION FOR PRIVATE SCHOOL STUDENTS.

Section 6 of the District of Columbia College Access Act of
1999 (113 Stat. 1327; Public Law 106-98) is amended by adding
at the end the following:
``(i) Non-Discrimination for Private School Students.--In
awarding grants under this Act to eligible institutions, the
Mayor shall pay amounts, on behalf of eligible students, that
are equivalent regardless of whether the students attend a
public or private eligible institution.''.
______

SA 2889. Mr. BIDEN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construciton, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. UNIFORM STANDARDS FOR THE INTERROGATION OF
INDIVIDUALS DETAINED BY THE GOVERNMENT OF THE
UNITED STATES.

(a) In General.--No individual in the custody or under the
effective control of an officer or agent of the United States
or detained in a facility operated by or on behalf of the
Department of Defense, the Central Intelligence Agency, or
any other agency of the Government of the United States shall
be subject to any treatment or technique of interrogation not
authorized by and listed in United States Army Field Manual
2-22.3, entitled ``Human Intelligence Collector Operations''.
(b) Applicability.--Subsection (a) shall not apply with
respect to any individual in the custody or under the
effective control of the Government of the United States
based on--
(1) an arrest or conviction for violating Federal criminal
law; or
(2) an alleged or adjudicated violation of the immigration
laws of the United States.
(c) Construction.--Nothing in this section may be construed
to diminish the rights under the Constitution of the United
States of any individual in the custody or within the
physical jurisdiction of the Government of the United States.
(d) Definition.--In this section, the term ``officer or
agent of the United States'' includes any officer, employee,
agent, contractor, or subcontractor acting for or on behalf
of the United States.
______

SA 2890. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construciton, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

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

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

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

``(a) Multiyear Contracts Authorized.--Subject to
subsections (b) and (c), the head of an agency may enter into
contracts for a period not to exceed 10 years for the
purchase of synthetic fuels.
``(b) Limitations on Contracts for Periods in Excess of
Five Years.--The head of an agency may exercise the authority
in subsection (a) to enter a contract for a period in excess
of five years only if the head of the agency determines, on
the basis of a business case prepared by the agency, that--
``(1) the proposed purchase of fuels under such contract is
cost effective for the agency; and
``(2) it would not be possible to purchase fuels from the
source in an economical manner without the use of a contract
for a period in excess of five years.
``(c) Limitation on Lifecycle Greenhouse Gas Emissions.--
The head of an agency may not purchase synthetic fuels under
the authority in subsection (a) unless the lifecycle
greenhouse gas emissions from such fuels are not greater than
the lifecycle greenhouse gas emissions from conventional
petroleum-based fuels that are used in the same application.
``(d) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
that term in section 2302(1) of this title.
``(2) The term `synthetic fuel' means any liquid, gas, or
combination thereof that--
``(A) can be used as a substitute for petroleum or natural
gas (or any derivative thereof, including chemical
feedstocks); and
``(B) is produced by chemical or physical transformation of
domestic sources of energy.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title, as so amended, is
further amended by adding at the end the following new item:

``2410r. Multiyear procurement authority: purchase of synthetic
fuels.''.
(b) Regulations.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations requiring the head of an agency
initiating a multiyear contract as authorized by section
2410r of title 10, United States Code (as added by subsection
(a)), to find that--

[[Page S11670]]

(A) there is a reasonable expectation that throughout the
contemplated contract period the head of the agency will
request funding for the contract at the level required to
avoid contract cancellation;
(B) there is a stable design for all related technologies
to the purchase of synthetic fuels as so authorized; and
(C) the technical risks associated with such technologies
are not excessive.
(2) Minimum anticipated savings.--The regulations required
by paragraph (1) shall provide that, in any case in which the
estimated total expenditure under a multiyear contract (or
several multiyear contracts with the same prime contractor)
under section 2410r of title 10, United States Code (as so
added), are anticipated to be more than (or, in the case of
several contracts, the aggregate of which is anticipated to
be more than) $540,000,000 (in fiscal year 1990 constant
dollars), the head of an agency may initiate such contract
under such section only upon a finding that use of such
contract will result in savings exceeding 10 percent of the
total anticipated costs of procuring an equivalent amount of
fuel for the same application through other means. If such
estimated savings will exceed 5 percent of the total
anticipated costs of procuring an equivalent amount of fuel
for the same application through other means, but not exceed
10 percent of such costs, the head of the agency may initiate
such contract under such section only upon a finding in
writing that an exceptionally strong case has been made with
regard to findings required in paragraph (1).
(3) Limitation on use of authority.--No contract may be
entered into under the authority in section 2410r of title
10, United States Code (as so added), until the regulations
required by paragraph (1) are prescribed.
______

SA 2891. Mr. DODD submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

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

(a) Sense of Congress.--It is the sense of Congress that--
(1) there is no military solution to the ongoing conflict
in Iraq;
(2) the President should change direction in Iraq if he
wants to find a solution to the conflict in that country; and
(3) the President should launch a new diplomatic offensive
in order to promote reconciliation and stability in Iraq, by
appointing a special envoy to engage Iraqi leaders, regional
leaders, and international organizations, such as the United
Nations and the Arab League.
(b) Redeployment of United States Combat Forces.--
(1) Redeployment required.--The Secretary of Defense shall
begin the phased redeployment of members of the Armed Forces
from Iraq not later than 30 days after the date of the
enactment of this Act, and shall redeploy all such forces,
except those who are essential for the limited purposes set
forth in paragraph (3), by April 30, 2008.
(2) Prohibition on funding.--No funds may be used to
support military operations of the United States in Iraq
after April 30, 2008, except for the limited purposes set
forth in paragraph (3).
(3) Exception for limited purposes.--The requirement to
redeploy forces under paragraph (1) and the prohibition on
funding under paragraph (2) do not apply to forces
essential--
(A) to conduct targeted operations, limited in duration and
scope, against members of al Qaeda and other international
terrorist organizations;
(B) to provide security for United States infrastructure
and personnel; or
(C) to train and equip Iraqi security forces.
(c) Armed Forces Readiness.--Upon completion of the
redeployment required under subsection (b), funds authorized
to be appropriated by this title for Operation Iraqi Freedom
may be available to be expended in accordance with the lists
of program priorities or requirements not included in the
President's proposed budget for fiscal year 2008 submitted to
the Committees on Armed Forces of the Senate and the House of
Representatives by the Chief of the National Guard Bureau,
the Chief of Staff of the Army, the Commandant of the Marine
Corps, the Chief of Staff of the Air Force, and the Chief of
Naval Operations. Such amounts may not exceed--
(1) $1,000,000,000 for the National Guard Reserve Equipment
Account;
(2) $10,288,000,000 for the Army;
(3) $3,189,600,000 for the Marine Corps;
(4) $16,943,600,000 for the Air Force; and
(5) $5,657,000,000 for the Navy.
(d) Limitation on Use of Funds in Event of Failure to
Redeploy Forces.--Twenty-five percent of the funds
appropriated or otherwise made available for the Department
of Defense for fiscal year 2008 for activities in Iraq may
not be obligated or expended unless the number of members of
the Armed Forces deployed in Iraq by January 31, 2008, is at
least 50,000 fewer than the number so deployed as of
September 12, 2007, unless the President certifies to the
congressional defense committees that it is still possible to
redeploy all such forces, except those who are essential for
the limited purposes set forth in subsection (b)(3), by April
30, 2008.
(e) Report.--Not later than 60 days after the date of the
enactment of this Act, and every 30 days thereafter until May
31, 2008, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of
redeployment efforts under this section.
(f) Rule of Construction.--Nothing in this section shall be
construed as prohibiting funding for personal protective
equipment or other equipment or materiel necessary for
improving the safety of members of the Armed Forces.
______

SA 2892. Mr. KYL submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1234. INCLUSION OF INFORMATION ON ASYMMETRIC
CAPABILITIES IN ANNUAL REPORT ON MILITARY POWER
OF THE PEOPLE'S REPUBLIC OF CHINA.

Section 1202(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note)
is amended by adding at the end the following new paragraph:
``(9) Developments in asymmetric capabilities, including
cyberwarfare, including--
``(A) detailed analyses of the countries targeted;
``(B) the specific vulnerabilities targeted in these
countries;
``(C) the tactical and strategic effects sought by
developing threats to such targets; and
``(D) an appendix detailing specific examples of tests and
development of these asymmetric capabilities.''.
______

SA 2893. Mr. BOND (for himself and Mr. Leahy) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of division A, add the following:

TITLE XVI--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

SEC. 1601. SHORT TITLE.

This title may be cited as the ``National Guard Empowerment
Act of 2007''.

SEC. 1602. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD
BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL
GUARD BUREAU.

(a) Expanded Authority.--
(1) In general.--Subsection (a) of section 10501 of title
10, United States Code, is amended by striking ``joint bureau
of the Department of the Army and the Department of the Air
Force'' and inserting ``joint activity of the Department of
Defense''.
(2) Purpose.--Subsection (b) of such section is amended by
striking ``between'' and all that follows and inserting
``between--
``(1)(A) the Secretary of Defense, the Joint Chiefs of
Staff, and the commanders of the combatant commands of the
United States, and (B) the Department of the Army and the
Department of the Air Force; and
``(2) the several States.''.
(b) Enhancements of Position of Chief of National Guard
Bureau.--
(1) Advisory function on national guard matters.--
Subsection (c) of section 10502 of title 10, United States
Code, is amended by inserting ``to the Secretary of Defense,
to the Chairman of the Joint Chiefs of Staff,'' after
``principal adviser''.
(2) Grade.--Subsection (d) of such section is amended by
striking ``lieutenant general'' and inserting ``general''.
(3) Annual report to congress on validated requirements.--
Section 10504 of such title is amended by adding at the end
the following new subsection:
``(c) Annual Report on Validated Requirements.--Not later
than December 31 each year, the Chief of the National Guard
Bureau shall submit to Congress a report on the following:
``(1) The requirements validated under section 10503a(b)(1)
of this title during the preceding fiscal year.
``(2) The requirements referred to in paragraph (1) for
which funding is to be requested in the next budget for a
fiscal year under section 10544 of this title.
``(3) The requirements referred to in paragraph (1) for
which funding will not be requested in the next budget for a
fiscal year under section 10544 of this title.''.
(c) Enhancement of Functions of National Guard Bureau.--

[[Page S11671]]

(1) Additional general functions.--Section 10503 of title
10, United States Code, is amended--
(A) by redesignating paragraph (12) as paragraph (13); and
(B) by inserting after paragraph (11) the following new
paragraph (12):
``(12) Facilitating and coordinating with other Federal
agencies, and with the several States, the use of National
Guard personnel and resources for and in contingency
operations, military operations other than war, natural
disasters, support of civil authorities, and other
circumstances.''.
(2) Military assistance for civil authorities.--Chapter
1011 of such title is further amended by inserting after
section 10503 the following new section:

``Sec. 10503a. Functions of National Guard Bureau: military
assistance to civil authorities

``(a) Identification of Additional Necessary Assistance.--
The Chief of the National Guard Bureau shall--
``(1) identify gaps between Federal and State capabilities
to prepare for and respond to emergencies; and
``(2) make recommendations to the Secretary of Defense on
programs and activities of the National Guard for military
assistance to civil authorities to address such gaps.
``(b) Scope of Responsibilities.--In meeting the
requirements of subsection (a), the Chief of the National
Guard Bureau shall, in coordination with the adjutants
general of the States, have responsibilities as follows:
``(1) To validate the requirements of the several States
and Territories with respect to military assistance to civil
authorities.
``(2) To develop doctrine and training requirements
relating to the provision of military assistance to civil
authorities.
``(3) To acquire equipment, materiel, and other supplies
and services for the provision of military assistance to
civil authorities.
``(4) To assist the Secretary of Defense in preparing the
budget required under section 10544 of this title.
``(5) To administer amounts provided the National Guard for
the provision of military assistance to civil authorities.
``(6) To carry out any other responsibility relating to the
provision of military assistance to civil authorities as the
Secretary of Defense shall specify.
``(c) Consultation.--The Chief of the National Guard Bureau
shall carry out activities under this section in consultation
with the Secretary of the Army and the Secretary of the Air
Force.''.
(3) Budgeting for training and equipment for military
assistance to civil authorities and other domestic
missions.--Chapter 1013 of title 10, United States Code, is
amended by adding at the end the following new section:

``Sec. 10544. National Guard training and equipment: budget
for military assistance to civil authorities and for other
domestic operations

``(a) In General.--The budget justification documents
materials submitted to Congress in support of the budget of
the President for a fiscal year (as submitted with the budget
of the President under section 1105(a) of title 31) shall
specify separate amounts for training and equipment for the
National Guard for purposes of military assistance to civil
authorities and for other domestic operations during such
fiscal year.
``(b) Scope of Funding.--The amounts specified under
subsection (a) for a fiscal year shall be sufficient for
purposes as follows:
``(1) The development and implementation of doctrine and
training requirements applicable to the assistance and
operations described in subsection (a) for such fiscal year.
``(2) The acquisition of equipment, materiel, and other
supplies and services necessary for the provision of such
assistance and such operations in such fiscal year.''.
(4) Limitation on increase in personnel of national guard
bureau.--The Secretary of Defense shall, to the extent
practicable, ensure that no additional personnel are assigned
to the National Guard Bureau in order to address
administrative or other requirements arising out of the
amendments made by this subsection.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of
title 10, United States Code, is amended to read as follows:

``Sec. 10503. Functions of National Guard Bureau: charter''.

(2) Clerical amendments.--(A) The table of sections at the
beginning of chapter 1011 of such title is amended by
striking the item relating to section 10503 and inserting the
following new items:

``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to
civil authorities.''.
(B) The table of sections at the beginning of chapter 1013
of such title is amended by adding at the end the following
new item:

``10544. National Guard training and equipment: budget for military
assistance to civil authorities and for other domestic
operations.''.

SEC. 1603. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO
LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON
THE ACTIVE-DUTY LIST.

(a) Sense of Congress.--It is the sense of Congress that,
whenever officers are considered for promotion to the grade
of lieutenant general, or vice admiral in the case of the
Navy, on the active duty list, officers of the reserve
components of the Armed Forces who are eligible for promotion
to such grade should be considered for promotion to such
grade.
(b) Proposal.--The Secretary of Defense shall submit to
Congress a proposal for mechanisms to achieve the objective
specified in subsection (a). The proposal shall include such
recommendations for legislative or administrative action as
the Secretary considers appropriate in order to achieve that
objective.
(c) Notice Accompanying Nominations.--The President shall
include with each nomination of an officer to the grade of
lieutenant general, or vice admiral in the case of the Navy,
on the active-duty list that is submitted to the Senate for
consideration a certification that all reserve officers who
were eligible for consideration for promotion to such grade
were considered in the making of such nomination.

SEC. 1604. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT
GENERAL GRADE.

(a) Treatment of Service as Adjutant General as Joint Duty
Experience.--
(1) Directors of army and air national guard.--Section
10506(a)(3) of title 10, United States Code, is amended--
(A) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Service of an officer as adjutant general shall be
treated as joint duty experience for purposes of subparagraph
(B)(ii).''.
(2) Other officers.--The service of an officer of the Armed
Forces as adjutant general, or as an officer (other than
adjutant general) of the National Guard of a State who
performs the duties of adjutant general under the laws of
such State, shall be treated as joint duty or joint duty
experience for purposes of any provisions of law required
such duty or experience as a condition of promotion.
(b) Reports on Promotion of Reserve Major Generals to
Lieutenant General Grade.--
(1) Review required.--The Secretary of the Army and the
Secretary of the Air Force shall each conduct a review of the
promotion practices of the military department concerned in
order to identify and assess the practices of such military
department in the promotion of reserve officers from major
general grade to lieutenant general grade.
(2) Reports.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army and the
Secretary of the Air Force shall each submit to the
congressional defense committees a report on the review
conducted by such official under paragraph (1). Each report
shall set forth--
(A) the results of such review; and
(B) a description of the actions intended to be taken by
such official to encourage and facilitate the promotion of
additional reserve officers from major general grade to
lieutenant general grade.

SEC. 1605. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF
THE UNITED STATES NORTHERN COMMAND BE FILLED BY
A QUALIFIED NATIONAL GUARD OFFICER.

(a) In General.--A position of Deputy Commander of the
United States Northern Command shall be filled by a qualified
officer of the National Guard who is eligible for promotion
to the grade of lieutenant general.
(b) Purpose.--The purpose of the requirement in subsection
(a) is to ensure that information received from the National
Guard Bureau regarding the operation of the National Guard of
the several States is integrated into the plans and
operations of the United States Northern Command.

SEC. 1606. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE
ANNUAL PLAN FOR RESPONSE TO NATURAL DISASTERS
AND TERRORIST EVENTS.

(a) Requirement for Annual Plan.--Not later than March 1,
2008, and each March 1 thereafter, the Secretary of Defense,
in consultation with the commander of the United States
Northern Command and the Chief of the National Guard Bureau,
shall prepare and submit to Congress a plan for coordinating
the use of the National Guard and members of the Armed Forces
on active duty when responding to natural disasters, acts of
terrorism, and other man-made disasters as identified in the
national planning scenarios described in subsection (e).
(b) Information To Be Provided to Secretary.--To assist the
Secretary of Defense in preparing the plan, the National
Guard Bureau, pursuant to its purpose as channel of
communications as set forth in section 10501(b) of title 10,
United States Code, shall provide to the Secretary
information gathered from Governors, adjutants general of
States, and other State civil authorities responsible for
homeland preparation and response to natural and man-made
disasters.
(c) Two Versions.--The plan shall set forth two versions of
response, one using only members of the National Guard, and
one using both members of the National Guard and members of
the regular components of the Armed Forces.
(d) Matters Covered.--The plan shall cover, at a minimum,
the following:
(1) Protocols for the Department of Defense, the National
Guard Bureau, and the Governors of the several States to
carry out

[[Page S11672]]

operations in coordination with each other and to ensure that
Governors and local communities are properly informed and
remain in control in their respective States and communities.
(2) An identification of operational procedures, command
structures, and lines of communication to ensure a
coordinated, efficient response to contingencies.
(3) An identification of the training and equipment needed
for both National Guard personnel and members of the Armed
Forces on active duty to provide military assistance to civil
authorities and for other domestic operations to respond to
hazards identified in the national planning scenarios.
(e) National Planning Scenarios.--The plan shall provide
for response to the following hazards:
(1) Nuclear detonation, biological attack, biological
disease outbreak/pandemic flu, the plague, chemical attack-
blister agent, chemical attack-toxic industrial chemicals,
chemical attack-nerve agent, chemical attack-chlorine tank
explosion, major hurricane, major earthquake, radiological
attack-radiological dispersal device, explosives attack-
bombing using improvised explosive device, biological attack-
food contamination, biological attack-foreign animal disease
and cyber attack.
(2) Any other hazards identified in a national planning
scenario developed by the Homeland Security Council.

SEC. 1607. ADDITIONAL REPORTING REQUIREMENTS RELATING TO
NATIONAL GUARD EQUIPMENT.

Section 10541 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) Each report under this section concerning equipment
of the National Guard shall also include the following:
``(1) A statement of the accuracy of the projections
required by subsection (b)(5)(D) contained in earlier reports
under this section, and an explanation, if the projection was
not met, of why the projection was not met.
``(2) A certification from the Chief of the National Guard
Bureau setting forth an inventory for the preceding fiscal
year of each item of equipment--
``(A) for which funds were appropriated;
``(B) which was due to be procured for the National Guard
during that fiscal year; and
``(C) which has not been received by a National Guard unit
as of the close of that fiscal year.''.
______

SA 2894. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 555. ASSESSMENTS OF SPONSOR PROGRAMS AT THE MILITARY
SERVICE ACADEMIES.

(a) Assessments Required.--Not later than 180 days after
the date of the enactment of this Act, each Secretary
concerned shall submit to the congressional defense
committees an assessment of the sponsor program at each
military service academy of such military department together
with a copy of the policy of the academy with respect to such
program.
(b) Content.--Each assessment submitted under subsection
(a) shall describe--
(1) the purpose of the policy regarding the sponsor program
at the academy;
(2) the implementation of the policy;
(3) the method used to screen potential sponsors;
(4) the responsibilities of sponsors;
(5) the guidance provided to midshipmen and cadets
regarding the sponsor program; and
(6) any recommendations for change in the sponsor program.
______

SA 2895. Mr. CONRAD (for himself, Mr. Hatch, Mr. Dorgan, Mr. Gregg,
Mr. Roberts, Mr. Sununu, Ms. Cantwell, and Mr. Inhofe) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 143. SENSE OF CONGRESS ON THE REPLACEMENT OF THE TANKER
AIRCRAFT FLEET.

It is the sense of Congress that timely replacement of the
Air Force aerial refueling tanker fleet in a manner that
achieves the best value for the taxpayer is a vital national
security priority for the reasons as follows:
(1) The average age of the aircraft in the Air Force aerial
refueling tanker fleet is now more than 43 years, with the
age of the aircraft in the KC-135 tanker fleet averaging 46
years.
(2) The development and fielding of a replacement tanker
aircraft will allow the United States military to continue to
project combat capability anywhere in the world on short
notice without relying on intermediate bases for refueling.
(3) Under current plans, it will take more than 30 years to
replace the current fleet of KC-135 tanker aircraft, meaning
that some KC-135 tanker aircraft are scheduled to remain
operational until they are nearly 80 years old.
______

SA 2896. Mr. DODD submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1031. PROHIBITION ON USE OF FUNDS FOR CRUEL, INHUMAN,
AND DEGRADING TREATMENT AND PUNISHMENT.

(a) Prohibition on Use of Funds for Cruel, Inhuman, and
Degrading Treatment and Punishment.--No funds authorized to
be appropriated by this Act may be used in contravention of
the following laws enacted or regulations prescribed to
implement the United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment
(done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations;
(3) Sections 1002 and 1003 of the Detainee Treatment Act of
2005 (10 U.S.C. 801 note; 42 U.S.C. 2000dd).
(b) Prohibition on Use of Funds for Extraordinary
Renditions.--No funds authorized to be appropriated by this
Act may be used for any transfer (commonly referred to as an
``extraordinary rendition'') of any person who is imprisoned,
detained, or held, or otherwise in the custody or control of
a department, agency, or official of the United States
Government, or any contractor of a department or agency of
the United States Government, to a country where there are
substantial grounds for believing that such person would
subjected to torture.
______

SA 2897. Mr. KENNEDY (for himself, Mr. Byrd, Ms. Mikulski, and Mr.
Cardin) submitted an amendment intended to be proposed to amendment SA
2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill
H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1070. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.

(a) Establishment.--The Secretary of Defense shall
establish a Joint Pathology Center located at the National
Naval Medical Center in Bethesda, Maryland, that shall
function as the reference center in pathology for the
Department of Defense.
(b) Services.--The Joint Pathology Center shall provide, at
a minimum, the following services:
(1) Diagnostic pathology consultation in medicine,
dentistry, and veterinary sciences (including consultation
services for patients who are civilians, veterans, or active
duty military personnel).
(2) Pathology education, to include graduate medical
education, including residency and fellowship programs, and
continuing medical education.
(3) Diagnostic pathology research.
(4) Maintenance and continued modernization of the Tissue
Repository and, as appropriate, utilization of such
Repository in conducting the activities described in
paragraphs (1) through (3).
______

SA 2898. Mr. LEVIN (for himself and Mr. Reed) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

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

(a) Deadline for Commencement of Reduction.--The Secretary
of Defense shall

[[Page S11673]]

commence the reduction of the number of United States forces
in Iraq not later than 90 days after the date of the
enactment of this Act.
(b) Implementation of Reduction Along With a Comprehensive
Strategy.--The reduction of forces required by this section
shall be implemented along with a comprehensive diplomatic,
political, and economic strategy that includes sustained
engagement with Iraq's neighbors and the international
community for the purpose of working collectively to bring
stability to Iraq. As part of this effort, the President
shall direct the United States Special Representative to the
United Nations to use the voice, vote, and influence of the
United States to seek the appointment of an international
mediator in Iraq, under the auspices of the United Nations
Security Council, who has the authority of the international
community to engage political, religious, ethnic and tribal
leaders in Iraq in an inclusive political process.
(c) Limited Presence After Reduction and Transition.--After
the conclusion of the reduction and transition of United
States forces to a limited presence as required by this
section, the Secretary of Defense may deploy or maintain
members of the Armed Forces in Iraq only for the following
missions:
(1) Protecting United States and Coalition personnel and
infrastructure.
(2) Training, equipping, and providing logistic support to
the Iraqi Security Forces.
(3) Engaging in targeted counterterrorism operations
against al Qaeda, al Qaeda affiliated groups, and other
international terrorist organizations.
(d) Completion of Transition.--The Secretary of Defense
shall complete the transition of United States forces to a
limited presence and missions as described in subsection (c)
by not later than nine months after the date of the enactment
of this Act.
______

SA 2899. Mr. FEINGOLD (for himself, Mr. Casey, Mr. Kennedy, Ms.
Mikulski, and Mr. Coleman) submitted an amendment intended to be
proposed by him to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY
MEMBERS OF INDIVIDUALS PERFORMING CERTAIN
MILITARY SERVICE.

(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (3) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' has the meaning given
under section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 18 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves because of a mental or physical
disability in the absence of the qualified member of the
Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to use under paragraph (4)--
(A) any sick leave of that caregiver during a covered
period of service; and
(B) any leave available to that caregiver under subchapter
III or IV of chapter 63 of title 5, United States Code,
during a covered period of service.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to--
(i) the employing agency; and
(ii) the uniformed service of which the individual is a
member.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the employee's giving of care under the
designation of the employee as a caregiver.
(5) Coverage of federal employees not under the federal
annual- and sick-leave system.--The program developed by the
Office of Personnel Management under paragraph (2) shall also
authorize employees of the executive branch who are not
employees referred to in paragraph (1)(C) to use sick leave,
or any other leave available to the employee, during a
covered period of service for purposes relating to, or
resulting from, the employee's giving of care under the
designation of the employee as a caregiver.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out this subsection,
including a definition of activities that qualify as the
giving of care.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2009.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (4) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' means an employee of a
business entity participating in the program under this
subsection.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 18 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves because of mental or physical
disability in the absence of the qualified member of the
Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor shall establish a
program to authorize employees of business entities described
under paragraph (3) to use sick leave, or any other leave
available to an employee, during a covered period of service
for purposes relating to, or resulting from, the employee's
giving of care under the designation of the employee as a
caregiver.
(B) Exception.--Subparagraph (A) shall not apply to leave
made available under the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor shall solicit business entities to voluntarily
participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to--
(i) the employing business entity; and
(ii) the uniformed service of which the individual is a
member.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the employee's giving of care under the
designation of the employee as a caregiver.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2009.
(c) GAO Report.--Not later than March 31, 2009, the
Government Accountability Office

[[Page S11674]]

shall submit a report to Congress on the programs under
subsections (a) and (b) that includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program.
(d) Offset.--The aggregate amount authorized to be
appropriated for fiscal year 2008 for the use of the
Department of Defense for research, development, test and
evaluation shall be reduced by $2,000,000.
______

SA 2900. Mr. LAUTENBERG submitted an amendment intended to be
proposed to amendment SA 2166 submitted by Mr. Smith and intended to be
proposed to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 20 of the amendment, after line 12, insert the
following:
(m) Liability of Parent Companies for Violations of
Sanctions by Foreign Entities.--
(1) Short title.--This subsection may be cited as the
``Stop Business with Terrorists Act of 2007''.
(2) Definitions.--In this subsection:
(A) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, or other
organization.
(B) Parent company.--The term ``parent company'' means an
entity that is a United States person and--
(i) the entity owns, directly or indirectly, more than 50
percent of the equity interest by vote or value in another
entity;
(ii) board members or employees of the entity hold a
majority of board seats of another entity; or
(iii) the entity otherwise controls or is able to control
the actions, policies, or personnel decisions of another
entity.
(C) United states person.--The term ``United States
person'' means--
(i) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
(ii) an entity that is organized under the laws of the
United States, any State or territory thereof, or the
District of Columbia, if natural persons described in clause
(i) own, directly or indirectly, more than 50 percent of the
outstanding capital stock or other beneficial interest in
such entity.
(3) Liability of parent companies.--In any case in which an
entity engages in an act outside the United States that, if
committed in the United States or by a United States person,
would violate the provisions of Executive Order 12959 (50
U.S.C. 1701 note) or Executive Order 13059 (50 U.S.C. 1701
note), or any other prohibition on transactions with respect
to Iran imposed under the authority of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the
parent company of the entity shall be subject to the
penalties for the act to the same extent as if the parent
company had engaged in the act.
(4) Applicability.--Paragraph (3) shall not apply to a
parent company of an entity on which the President imposed a
penalty for a violation described in paragraph (3) that was
in effect on the date of the enactment of this Act if the
parent company divests or terminates its business with such
entity not later than 90 days after such date of enactment.
______

SA 2901. Mr. SESSIONS (for himself and Mr. Coburn) submitted an
amendment intended to be proposed to amendment SA 2011 proposed by Mr.
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 115. M4 CARBINE RIFLE.

(a) Findings.--Congress makes the following findings:
(1) The members of the Armed Forces are entitled to the
best individual combat weapons available in the world today.
(2) Full and open competition in procurement is required by
law, and is the most effective way of selecting the best
individual combat weapons for the Armed Forces at the best
price.
(3) The M4 carbine rifle is currently the individual weapon
of choice for the Army, and it is procured through a sole
source contract.
(4) The M4 carbine rifle has been proven in combat and
meets or exceeds the existing requirements for carbines.
(5) In recent months, government testing and surveys of
commercially available small arms have identified alternative
riles and carbines that, like the M4 carbine, meet or exceed
existing performance and maintenance requirements for the
Armed Forces.
(6) The Army Training and Doctrine Command is conducting a
full Capabilities Based Assessment (CBA) of the small arms of
the Army which will determine whether or not gaps exist in
the current capabilities of such small arms and inform
decisions as to whether or not a new individual weapon is
required to address such gaps.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should establish a new program of
record for the Joint Enhanced Carbine not later than October
1, 2008.
(c) Report on Capabilities Based Assessment.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of the Army shall submit to the congressional
defense committees a report on the Capabilities Based
Assessment of the small arms of the Army referred to in
subsection (a)(6).
(d) Competition for New Individual Weapon.--
(1) Competition required.--In the event the Capabilities
Based Assessment identifies gaps in the current capabilities
of the small arms of the Army and the Secretary of the Army
determines that a new individual weapon is required to
address such gaps, the Secretary shall procure the new
individual weapon through one or more contracts entered into
after full and open competition described in paragraph (2).
(2) Full and open competition.--The full and open
competition described in this paragraph is full and open
competition among all responsible manufacturers that--
(A) is open to all developmental item solutions and
nondevelopmental item (NDI) solutions; and
(B) provides for the award of the contract or contracts
concerned based on best weapon performance in light of the
capabilities identified to be required in the Capabilities
Based Assessment.
(e) Report on Classification as Joint Enhanced Carbine.--
Not later than March 1, 2008, the Secretary of Defense shall
submit to the congressional defense committees a report on
the feasibility and advisability of each of the following:
(1) The certification of a Joint Enhanced Carbine
requirement that does not require commonality with existing
technical data.
(2) The award of contracts for all available
nondevelopmental carbines in accordance with the Joint
Enhanced Carbine requirement.
(3) The reclassification, effective August 1, 2008, of
funds for M4 Carbines to Joint Enhanced Carbines authorized
only as the result of competition.
(4) The use of rapid equipping authority to procure weapons
under $2,000 per unit using contracts for nondevelopmental
items that are awarded through full and open competition.
______

SA 2902. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

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

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

SA 2903. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 536. ENHANCEMENT OF REVERSE SOLDIER READINESS PROCESSING
DEMOBILIZATION PROCEDURE.

The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly modify the demobilization procedure for
members of the Armed Forces known as Reverse Soldier
Readiness Processing by providing for the presence of
appropriate Department of Veterans Affairs personnel during
such demobilization procedure in order to achieve the
following:
(1) The voluntary registration of members of the Armed
Forces covered by such procedure in applicable systems of the
Department of Veterans Affairs.

[[Page S11675]]

(2) The voluntary registration of members of the Armed
Forces covered by such procedure for applicable benefits and
services from the Department of Veterans Affairs.
(3) The provision of information to members of the Armed
Forces covered by such procedure on the benefits and services
available to veterans from or through the Department of
Veterans Affairs.
______

SA 2904. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 594. ELECTRONIC DISTRIBUTION OF MEDICAL AND OTHER
PERSONNEL RECORDS TO MEMBERS OF THE ARMED
FORCES UPON THEIR DISCHARGE OR RELEASE FROM THE
ARMED FORCES.

(a) In General.--The Secretary of Defense shall prescribe
in regulations a policy, to apply uniformly across the
military departments, for the distribution and transfer to
members of the Armed Forces of their medical and other
personnel records in CD-ROM or other appropriate electronic
format at the following times:
(1) Upon the discharge or release of such members from the
Armed Forces.
(2) In the case of members of the National Guard or
Reserve, upon the deactivation or demobilization of such
members after a period on active duty in the Armed Forces of
more than 30 days.
(b) Privacy and Other Applicable Requirements.--The policy
required by subsection (a) shall ensure the privacy,
security, and protection of medical and other personnel
records distributed and transferred pursuant to the policy in
a manner consistent with applicable law.
______

SA 2905. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes, which was ordered to lie on the table; as
follows:

On page 114, between lines 4 and 5, insert the following:

SEC. 583. PILOT PROGRAM ON MILITARY FAMILY READINESS AND
SERVICEMEMBER REINTEGRATION.

(a) Pilot Program.--
(1) In general.--The Secretary of Defense shall carry out a
pilot program to assess the feasibility and advisability of
providing grants to eligible entities to create comprehensive
soldier and family preparedness and reintegration outreach
programs for members of the Armed Forces and their families
to further the purposes described in section 1781b(b) of
title 10, United States Code, as added by section 582(a) of
this Act.
(2) Coordination.--In carrying out the pilot program, the
Secretary shall--
(A) coordinate with the Department of Defense Military
Family Readiness Council (established under section 1781a of
title, United States Code, as added by section 581 of this
Act); and
(B) consult with the Secretary of Veterans Affairs.
(3) Designation.--The pilot program established pursuant to
paragraph (1) shall be known as the ``National Military
Family Readiness and Servicemember Reintegration Outreach
Program'' (in this section referred to as ``the pilot
program'').
(b) Grants.--The Secretary shall carry out the pilot
program through the award of grants to eligible entities for
the provision of outreach services to members of the Armed
Forces and their families as described in subsection (a).
(c) Eligible Entities.--For purposes of this subsection, an
eligible entity is any of the following:
(1) An Adjutant General of a State or territory of the
United States.
(2) A medical center of a Veterans Integrated Service
Network (VISN).
(3) A State veterans affairs agency.
(4) A family support group for regular members of the Armed
Forces or for members of the National Guard or Reserve, if
such organization partners with an entity described in
paragraphs (1) through (3).
(5) An organization recognized by the Secretary of Veterans
Affairs for the representation of veterans under section 5902
of title 38, United States Code, if such organization
partners with an entity described in paragraphs (1) through
(3).
(6) A State or local nonprofit organization, if such
organization partners with an entity described in paragraphs
(1) through (3).
(d) Use of Grant Funds.--
(1) In general.--Recipients of grants under the pilot
program shall develop programs of outreach to members of the
Armed Forces and their family members to educate such members
and their family members about the assistance and services
available to them that meet the purposes of section 1781b(b)
of title 10, United States Code, as added by section 582(a)
of this Act, and to assist such members and their family
members in obtaining such assistance and services. Such
assistance and services may include the following:
(A) Marriage counseling.
(B) Services for children.
(C) Suicide prevention.
(D) Substance abuse awareness and treatment.
(E) Mental health awareness and treatment.
(F) Financial counseling.
(G) Anger management counseling.
(H) Domestic violence awareness and prevention.
(I) Employment assistance.
(J) Development of strategies for living with a member of
the Armed Forces with post traumatic stress disorder or
traumatic brain injury.
(K) Other services that may be appropriate to address the
unique needs of members of the Armed Forces and their
families who live in rural or remote areas with respect to
family readiness and servicemember reintegration.
(L) Assisting members of the Armed Forces and their
families find and receive assistance with military family
readiness and servicemember reintegration, including referral
services.
(M) Development of strategies and programs that recognize
the need for long-term follow-up services for reintegrating
members of the Armed Forces and their families for extended
periods following deployments, including between deployments.
(N) Assisting members of the Armed Forces and their
families in receiving services and assistance from the
Department of Veterans Affairs, including referral services.
(2) Provision of outreach services.--A recipient of a grant
under this section shall carry out programs of outreach in
accordance with paragraph (1) to members of the Armed Forces
and their families before, during, between, and after
deployment of such members of the Armed Forces.
(e) Selection of Grant Recipients.--
(1) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an
application therefor in such form and in such manner as the
Secretary considers appropriate.
(2) Elements.--An application submitted under subparagraph
(A) shall include such elements as the Secretary considers
appropriate.
(3) Priority.--In selecting eligible entities to receive
grants under the pilot program, the Secretary shall give
priority to eligible entities that propose programs with a
focus on personal outreach to members of the Armed Forces and
their families by trained staff (with preference given to
veterans and, in particular, veterans of combat) conducted in
person.
(f) Funding.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-
wide activities, $30,000,000 may be available to carry out
this section.
______

SA 2906. Mr. ISAKSON submitted an amendment intended to be proposed
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin)
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes, which was ordered to lie on the table; as follows:

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

SEC. 827. INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS
OF FIRE RESISTANT RAYON FIBER MANUFACTURED IN
AUSTRIA FOR UNIFORMS.

Section 2533a(f) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Fire resistant rayon fiber manufactured in Austria
for use in the production of uniforms, unless fire resistant
rayon fiber for such use is produced in the United States.''.
______

SA 2907. Mr. ISAKSON submitted an amendment intended to be proposed
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin)
to the bill H.R. 2585, 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. FIRE RESISTANT RAYON FIBER FOR UNIFORMS FROM
FOREIGN SOURCES.

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

``Sec. 2410r. Foreign manufactured fire resistant rayon fiber
for uniforms: procurement

``(a) Authority.--The Secretary of Defense may procure fire
resistant rayon fiber manufactured in a foreign country
referred to in

[[Page S11676]]

subsection (b) for use in the production of uniforms.
``(b) Foreign Countries Covered.--The authority under
subsection (a) applies with respect to a foreign country
that--
``(1) is a party to a defense memorandum of understanding
entered into under section 2531 of this title; and
``(2) permits United States firms that manufacture fire
resistant rayon fiber to compete with foreign firms for the
sale of fire resistant rayon fiber in that country, as
determined by the Secretary of Defense.
``(c) Applicability to Subcontracts.--The authority under
subsection (a) applies with respect to subcontracts under
Department of Defense contracts as well as to such contracts.
``(d) Definitions.--In this section, the terms `United
States firm' and `foreign firm' have the meanings given such
terms in section 2532(d) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as so amended, is further amended
by adding at the end the following new item:
``2410r. Foreign manufactured fire resistant rayon fiber for uniforms:
procurement''.
______

SA 2908. Mr. REID (for Mr. Domenici (for himself and Mr. Kennedy))
proposed an amendment to the bill S. 558, to provide parity between
health insurance coverage of mental health benefits and benefits for
medical and surgical services; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Mental Health Parity Act of
2007''.

SEC. 2. MENTAL HEALTH PARITY.

(a) Amendments of ERISA.--Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 is
amended by inserting after section 712 (29 U.S.C. 1185a) the
following:

``SEC. 712A. MENTAL HEALTH PARITY.

``(a) In General.--In the case of a group health plan (or
health insurance coverage offered in connection with such a
plan) that provides both medical and surgical benefits and
mental health benefits, such plan or coverage shall ensure
that--
``(1) the financial requirements applicable to such mental
health benefits are no more restrictive than the financial
requirements applied to substantially all medical and
surgical benefits covered by the plan (or coverage),
including deductibles, copayments, coinsurance, out-of-pocket
expenses, and annual and lifetime limits, except that the
plan (or coverage) may not establish separate cost sharing
requirements that are applicable only with respect to mental
health benefits; and
``(2) the treatment limitations applicable to such mental
health benefits are no more restrictive than the treatment
limitations applied to substantially all medical and surgical
benefits covered by the plan (or coverage), including limits
on the frequency of treatment, number of visits, days of
coverage, or other similar limits on the scope or duration of
treatment.
``(b) Clarifications.--In the case of a group health plan
(or health insurance coverage offered in connection with such
a plan) that provides both medical and surgical benefits and
mental health benefits, and complies with the requirements of
subsection (a), such plan or coverage shall not be prohibited
from--
``(1) negotiating separate reimbursement or provider
payment rates and service delivery systems for different
benefits consistent with subsection (a);
``(2) managing the provision of mental health benefits in
order to provide medically necessary services for covered
benefits, including through the use of any utilization
review, authorization or management practices, the
application of medical necessity and appropriateness criteria
applicable to behavioral health, and the contracting with and
use of a network of providers; and
``(3) applying the provisions of this section in a manner
that takes into consideration similar treatment settings or
similar treatments.
``(c) In- and Out-of-Network.--In the case of a group
health plan (or health insurance coverage offered in
connection with such a plan) that provides both medical and
surgical benefits and mental health benefits, and that
provides such benefits on both an in- and out-of-network
basis pursuant to the terms of the plan (or coverage), such
plan (or coverage) shall ensure that the requirements of this
section are applied to both in- and out-of-network services
by comparing in-network medical and surgical benefits to in-
network mental health benefits and out-of-network medical and
surgical benefits to out-of-network mental health benefits.
``(d) Small Employer Exemption.--
``(1) In general.--Except as provided in paragraph (2),
this section shall not apply to any group health plan (or
group health insurance coverage offered in connection with a
group health plan) for any plan year of any employer who
employed an average of at least 2 (or 1 in the case of an
employer residing in a State that permits small groups to
include a single individual) but not more than 50 employees
on business days during the preceding calendar year.
``(2) No preemption of certain state laws.--Nothing in
paragraph (1) shall be construed to preempt any State
insurance law relating to employers in the State who employed
an average of at least 2 (or 1 in the case of an employer
residing in a State that permits small groups to include a
single individual) but not more than 50 employees on business
days during the preceding calendar year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection:
``(A) Application of aggregation rule for employers.--Rules
similar to the rules under subsections (b), (c), (m), and (o)
of section 414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
preceding calendar year, the determination of whether such
employer is a small employer shall be based on the average
number of employees that it is reasonably expected such
employer will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this paragraph to an
employer shall include a reference to any predecessor of such
employer.
``(e) Cost Exemption.--
``(1) In general.--With respect to a group health plan (or
health insurance coverage offered in connections with such a
plan), if the application of this section to such plan (or
coverage) results in an increase for the plan year involved
of the actual total costs of coverage with respect to medical
and surgical benefits and mental health benefits under the
plan (as determined and certified under paragraph (3)) by an
amount that exceeds the applicable percentage described in
paragraph (2) of the actual total plan costs, the provisions
of this section shall not apply to such plan (or coverage)
during the following plan year, and such exemption shall
apply to the plan (or coverage) for 1 plan year. An employer
may elect to continue to apply mental health parity pursuant
to this section with respect to the group health plan (or
coverage) involved regardless of any increase in total costs.
``(2) Applicable percentage.--With respect to a plan (or
coverage), the applicable percentage described in this
paragraph shall be--
``(A) 2 percent in the case of the first plan year in which
this section is applied; and
``(B) 1 percent in the case of each subsequent plan year.
``(3) Determinations by actuaries.--Determinations as to
increases in actual costs under a plan (or coverage) for
purposes of this section shall be made and certified by a
qualified and licensed actuary who is a member in good
standing of the American Academy of Actuaries. All such
determinations shall be in a written report prepared by the
actuary. The report, and all underlying documentation relied
upon by the actuary, shall be maintained by the group health
plan or health insurance issuer for a period of 6 years
following the notification made under paragraph (6).
``(4) 6-month determinations.--If a group health plan (or a
health insurance issuer offering coverage in connection with
a group health plan) seeks an exemption under this
subsection, determinations under paragraph (1) shall be made
after such plan (or coverage) has complied with this section
for the first 6 months of the plan year involved.
``(5) Notification.--An election to modify coverage of
mental health benefits as permitted under this subsection
shall be treated as a material modification in the terms of
the plan as described in section 102(a) and shall be subject
to the applicable notice requirements under section
104(b)(1).
``(6) Notification to appropriate agency.--
``(A) In general.--A group health plan (or a health
insurance issuer offering coverage in connection with a group
health plan) that, based upon a certification described under
paragraph (3), qualifies for an exemption under this
subsection, and elects to implement the exemption, shall
notify the Department of Labor or the Department of Health
and Human Services, as appropriate, of such election.
``(B) Requirement.--A notification under subparagraph (A)
shall include--
``(i) a description of the number of covered lives under
the plan (or coverage) involved at the time of the
notification, and as applicable, at the time of any prior
election of the cost-exemption under this subsection by such
plan (or coverage);
``(ii) for both the plan year upon which a cost exemption
is sought and the year prior, a description of the actual
total costs of coverage with respect to medical and surgical
benefits and mental health benefits under the plan; and
``(iii) for both the plan year upon which a cost exemption
is sought and the year prior, the actual total costs of
coverage with respect to mental health benefits under the
plan.
``(C) Confidentiality.--A notification under subparagraph
(A) shall be confidential. The Department of Labor and the
Department of Health and Human Services shall make available,
upon request and on not more than an annual basis, an
anonymous itemization of such notifications, that includes--
``(i) a breakdown of States by the size and type of
employers submitting such notification; and
``(ii) a summary of the data received under subparagraph
(B).

[[Page S11677]]

``(7) Audits by appropriate agencies.--To determine
compliance with this subsection, the Department of Labor and
the Department of Health and Human Services, as appropriate,
may audit the books and records of a group health plan or
health insurance issuer relating to an exemption, including
any actuarial reports prepared pursuant to paragraph (3),
during the 6 year period following the notification of such
exemption under paragraph (6). A State agency receiving a
notification under paragraph (6) may also conduct such an
audit with respect to an exemption covered by such
notification.
``(f) Mental Health Benefits.--In this section, the term
`mental health benefits' means benefits with respect to
mental health services (including substance use disorder
treatment) as defined under the terms of the group health
plan or coverage, and when applicable as may be defined under
State law when applicable to health insurance coverage
offered in connection with a group health plan.''.
(b) Public Health Service Act.--Subpart 2 of part A of
title XXVII of the Public Health Service Act is amended by
inserting after section 2705 (42 U.S.C. 300gg-5) the
following:

``SEC. 2705A. MENTAL HEALTH PARITY.

``(a) In General.--In the case of a group health plan (or
health insurance coverage offered in connection with such a
plan) that provides both medical and surgical benefits and
mental health benefits, such plan or coverage shall ensure
that--
``(1) the financial requirements applicable to such mental
health benefits are no more restrictive than the financial
requirements applied to substantially all medical and
surgical benefits covered by the plan (or coverage),
including deductibles, copayments, coinsurance, out-of-pocket
expenses, and annual and lifetime limits, except that the
plan (or coverage) may not establish separate cost sharing
requirements that are applicable only with respect to mental
health benefits; and
``(2) the treatment limitations applicable to such mental
health benefits are no more restrictive than the treatment
limitations applied to substantially all medical and surgical
benefits covered by the plan (or coverage), including limits
on the frequency of treatment, number of visits, days of
coverage, or other similar limits on the scope or duration of
treatment.
``(b) Clarifications.--In the case of a group health plan
(or health insurance coverage offered in connection with such
a plan) that provides both medical and surgical benefits and
mental health benefits, and complies with the requirements of
subsection (a), such plan or coverage shall not be prohibited
from--
``(1) negotiating separate reimbursement or provider
payment rates and service delivery systems for different
benefits consistent with subsection (a);
``(2) managing the provision of mental health benefits in
order to provide medically necessary services for covered
benefits, including through the use of any utilization
review, authorization or management practices, the
application of medical necessity and appropriateness criteria
applicable to behavioral health, and the contracting with and
use of a network of providers; and
``(3) applying the provisions of this section in a manner
that takes into consideration similar treatment settings or
similar treatments.
``(c) In- and Out-of-Network.--In the case of a group
health plan (or health insurance coverage offered in
connection with such a plan) that provides both medical and
surgical benefits and mental health benefits, and that
provides such benefits on both an in- and out-of-network
basis pursuant to the terms of the plan (or coverage), such
plan (or coverage) shall ensure that the requirements of this
section are applied to both in- and out-of-network services
by comparing in-network medical and surgical benefits to in-
network mental health benefits and out-of-network medical and
surgical benefits to out-of-network mental health benefits.
``(d) Small Employer Exemption.--
``(1) In general.--Except as provided in paragraph (2),
this section shall not apply to any group health plan (or
group health insurance coverage offered in connection with a
group health plan) for any plan year of any employer who
employed an average of at least 2 (or 1 in the case of an
employer residing in a State that permits small groups to
include a single individual) but not more than 50 employees
on business days during the preceding calendar year.
``(2) No preemption of certain state laws.--Nothing in
paragraph (1) shall be construed to preempt any State
insurance law relating to employers in the State who employed
an average of at least 2 (or 1 in the case of an employer
residing in a State that permits small groups to include a
single individual) but not more than 50 employees on business
days during the preceding calendar year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection:
``(A) Application of aggregation rule for employers.--Rules
similar to the rules under subsections (b), (c), (m), and (o)
of section 414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
preceding calendar year, the determination of whether such
employer is a small employer shall be based on the average
number of employees that it is reasonably expected such
employer will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this paragraph to an
employer shall include a reference to any predecessor of such
employer.
``(e) Cost Exemption.--
``(1) In general.--With respect to a group health plan (or
health insurance coverage offered in connection with such a
plan), if the application of this section to such plan (or
coverage) results in an increase for the plan year involved
of the actual total costs of coverage with respect to medical
and surgical benefits and mental health benefits under the
plan (as determined and certified under paragraph (3)) by an
amount that exceeds the applicable percentage described in
paragraph (2) of the actual total plan costs, the provisions
of this section shall not apply to such plan (or coverage)
during the following plan year, and such exemption shall
apply to the plan (or coverage) for 1 plan year. An employer
may elect to continue to apply mental health parity pursuant
to this section with respect to the group health plan (or
coverage) involved regardless of any increase in total costs.
``(2) Applicable percentage.--With respect to a plan (or
coverage), the applicable percentage described in this
paragraph shall be--
``(A) 2 percent in the case of the first plan year in which
this section is applied; and
``(B) 1 percent in the case of each subsequent plan year.
``(3) Determinations by actuaries.--Determinations as to
increases in actual costs under a plan (or coverage) for
purposes of this section shall be made and certified by a
qualified and licensed actuary who is a member in good
standing of the American Academy of Actuaries. All such
determinations shall be in a written report prepared by the
actuary. The report, and all underlying documentation relied
upon by the actuary, shall be maintained by the group health
plan or health insurance issuer for a period of 6 years
following the notification made under paragraph (6).
``(4) 6-month determinations.--If a group health plan (or a
health insurance issuer offering coverage in connection with
a group health plan) seeks an exemption under this
subsection, determinations under paragraph (1) shall be made
after such plan (or coverage) has complied with this section
for the first 6 months of the plan year involved.
``(5) Notification.--An election to modify coverage of
mental health benefits as permitted under this subsection
shall be treated as a material modification in the terms of
the plan as described in section 102(a) of the Employee
Retirement Income Security Act of 1974 and shall be subject
to the applicable notice requirements under section 104(b)(1)
of such Act.
``(6) Notification to appropriate agency.--
``(A) In general.--A group health plan (or a health
insurance issuer offering coverage in connection with a group
health plan) that, based upon a certification described under
paragraph (3), qualifies for an exemption under this
subsection, and elects to implement the exemption, shall
notify the Department of Labor or the Department of Health
and Human Services, as appropriate, of such election. A
health insurance issuer providing health insurance coverage
in connection with a group health plan shall provide a copy
of such notice to the State insurance department or other
State agency responsible for regulating the terms of such
coverage.
``(B) Requirement.--A notification under subparagraph (A)
shall include--
``(i) a description of the number of covered lives under
the plan (or coverage) involved at the time of the
notification, and as applicable, at the time of any prior
election of the cost-exemption under this subsection by such
plan (or coverage);
``(ii) for both the plan year upon which a cost exemption
is sought and the year prior, a description of the actual
total costs of coverage with respect to medical and surgical
benefits and mental health benefits under the plan; and
``(iii) for both the plan year upon which a cost exemption
is sought and the year prior, the actual total costs of
coverage with respect to mental health benefits under the
plan.
``(C) Confidentiality.--A notification under subparagraph
(A) shall be confidential. The Department of Labor and the
Department of Health and Human Services shall make available,
upon request and on not more than an annual basis, an
anonymous itemization of such notifications, that includes--
``(i) a breakdown of States by the size and type of
employers submitting such notification; and
``(ii) a summary of the data received under subparagraph
(B).
``(7) Audits by appropriate agencies.--To determine
compliance with this subsection, the Department of Labor and
the Department of Health and Human Services, as appropriate,
may audit the books and records of a group health plan or
health insurance issuer relating to an exemption, including
any actuarial reports prepared pursuant to paragraph (3),
during the 6 year period following the notification of such
exemption under paragraph (6). A State agency receiving a
notification under paragraph (6) may

[[Page S11678]]

also conduct such an audit with respect to an exemption
covered by such notification.
``(f) Mental Health Benefits.--In this section, the term
`mental health benefits' means benefits with respect to
mental health services (including substance use disorder
treatment) as defined under the terms of the group health
plan or coverage, and when applicable as may be defined under
State law when applicable to health insurance coverage
offered in connection with a group health plan.''.

SEC. 3. EFFECTIVE DATE.

(a) In General.--The provisions of this Act shall apply to
group health plans (or health insurance coverage offered in
connection with such plans) beginning in the first plan year
that begins on or after January 1 of the first calendar year
that begins more than 1 year after the date of the enactment
of this Act.
(b) Termination of Certain Provisions.--
(1) ERISA.--Section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a) is amended by striking
subsection (f) and inserting the following:
``(f) Sunset.--This section shall not apply to benefits for
services furnished after the effective date described in
section 3(a) of the Mental Health Parity Act of 2007.''.
(2) PHSA.--Section 2705 of the Public Health Service Act
(42 U.S.C. 300gg-5) is amended by striking subsection (f) and
inserting the following:
``(f) Sunset.--This section shall not apply to benefits for
services furnished after the effective date described in
section 3(a) of the Mental Health Parity Act of 2007.''.

SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.

(a) Group Health Plan Ombudsman.--
(1) Department of labor.--The Secretary of Labor shall
designate an individual within the Department of Labor to
serve as the group health plan ombudsman for the Department.
Such ombudsman shall serve as an initial point of contact to
permit individuals to obtain information and provide
assistance concerning coverage of mental health services
under group health plans in accordance with this Act.
(2) Department of health and human services.--The Secretary
of Health and Human Services shall designate an individual
within the Department of Health and Human Services to serve
as the group health plan ombudsman for the Department. Such
ombudsman shall serve as an initial point of contact to
permit individuals to obtain information and provide
assistance concerning coverage of mental health services
under health insurance coverage issued in connection with
group health plans in accordance with this Act.
(b) Audits.--The Secretary of Labor and the Secretary of
Health and Human Services shall each provide for the conduct
of random audits of group health plans (and health insurance
coverage offered in connection with such plans) to ensure
that such plans are in compliance with this Act (and the
amendments made by this Act).
(c) Government Accountability Office Study.--
(1) Study.--The Comptroller General shall conduct a study
that evaluates the effect of the implementation of the
amendments made by this Act on the cost of health insurance
coverage, access to health insurance coverage (including the
availability of in-network providers), the quality of health
care, the impact on benefits and coverage for mental health
and substance use disorders, the impact of any additional
cost or savings to the plan, the impact on out-of-network
coverage for mental health benefits (including substance use
disorder treatment), the impact on State mental health
benefit mandate laws, other impact on the business community
and the Federal Government, and other issues as determined
appropriate by the Comptroller General.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the appropriate committees of Congress a report
containing the results of the study conducted under paragraph
(1).
(d) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Labor and the
Secretary of Health and Human Services shall jointly
promulgate final regulations to carry out this Act.

____________________