To express the sense of Congress on Department of Defense policy regarding dwell time.

TEXT OF AMENDMENTS

SA 2909. Mr. WEBB (for himself, Mr. Reid, Mr. Hagel, Mr. Levin, Ms.
Snowe, Mr. Smith, Mr. Obama, Mrs. Clinton, Mr. Byrd, Mr. Kennedy, Mr.
Salazar, Mr. Harkin, Mr. Brown, Mrs. Lincoln, Ms. Klobuchar, Mr. Dodd,
Mr. Biden, Mr. Lautenberg, Mr. Kerry, Mr. Durbin, Mr. Tester, Mrs.
McCaskill, Mr. Schumer, Mr. Pryor, Mr. Sanders, Ms. Mikulski, Ms.
Cantwell, Ms. Stabenow, Ms. Landrieu, Mr. Johnson, Mr. Carper, Mr.
Rockefeller, Mrs. Murray, Mrs. Feinstein, Mr. Akaka, Mr. Menendez, Mrs.
Boxer, and Mr. Wyden) submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

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

SEC. 1031. MINIMUM PERIODS BETWEEN DEPLOYMENT FOR UNITS AND
MEMBERS OF THE ARMED FORCES DEPLOYED FOR
OPERATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM.

(a) Findings.--Congress makes the following findings:
(1) Congress expresses its grateful thanks to the men and
women of the Armed Forces of the United States for having
served their country with great distinction under enormously
difficult circumstances since September 11, 2001.
(2) The all-volunteer force of the Armed Forces of the
United States is bearing a disproportionate share of national
wartime sacrifice, and, as stewards of this national
treasure, Congress must not place that force at unacceptable
risk.
(3) The men and women members of the Armed Forces of the
United States and their families are under enormous strain
from multiple, extended combat deployments to Iraq and
Afghanistan.
(4) Extended, high-tempo deployments to Iraq and
Afghanistan have adversely affected the readiness of non-
deployed Army and Marine Corps units, thereby jeopardizing
their capability to respond quickly and effectively to other
crises or contingencies in the world, and complicating the
all-volunteer policy of recruitment, as well as the
retention, of career military personnel.
(5) Optimal time between operational deployments, commonly
described as ``dwell time'', is critically important to allow
members of the Armed Forces to readjust from combat
operations, bond with families and friends, generate more
predictable operational tempos, and provide sufficient time
for units to retrain, reconstitute, and assimilate new
members.
(6) It is the goal of the Armed Forces of the United States
to achieve an optimal minimum period between the previous
deployment of a unit or member of a regular component of the
Armed Forces and a subsequent deployment of such a unit or
member that is equal to or longer than twice the period of
such previous deployment, commonly described as a 1:2
deployment-to-dwell ratio.
(7) It is the goal of the Department of Defense that units
and members of the reserve components of the Armed Forces of
the United States should not be mobilized continuously for
more than one year, and that a period of five years should
elapse between the previous deployment of such a unit or
member and a subsequent deployment of such unit or member.
(8) In support of continuous operations in Iraq,
Afghanistan, and other contested areas, the Army has been
required to deploy units and members to Iraq for 15 months
with a 12-month dwell-time period between deployments,
resulting in a less than 1:1 deployment-to-dwell ratio.
(9) In support of continuous operations in Iraq,
Afghanistan, and other contested areas, the Marine Corps
currently is deploying units and members to Iraq for
approximately seven months, with a seven-month dwell-time
period between deployments, but it is not unusual for
selected units and members of the Marine Corps to be deployed
with less than a 1:1 deployment-to-dwell ratio.
(10) In support of continuous operations in Iraq,
Afghanistan, and other contested areas, the Department of
Defense has relied upon the reserve components of the Armed
Forces of the United States to a degree that is unprecedented
in the history of the all-volunteer force. Units and members
of the reserve components are frequently mobilized and
deployed for periods beyond the stated goals of the
Department.
(11) The Commander of the Multi-National Force-Iraq
recently testified to Congress that he would like Soldiers,
Marines, and other forces have more time with their families
between deployments, a reflection of his awareness of the
stress and strain placed on United States ground forces, in
particular, and on other high-demand, low-density assets, by
operations in Iraq and Afghanistan.
(b) Minimum Period for Units and Members of the Regular
Components.--
(1) In general.--No unit or member of the Armed Forces
specified in paragraph (3) may be deployed for Operation
Iraqi Freedom or Operation Enduring Freedom (including
participation in the NATO International Security Assistance
Force (Afghanistan)) unless the period between the deployment
of the unit or member is equal to or longer than the period
of such previous deployment.
(2) Sense of congress on optimal minimum period between
deployments.--It is the sense of Congress that the optimal
minimum period between the previous deployment of a unit or
member of the Armed Forces specified in paragraph (3) to
Operation Iraqi Freedom or Operation Enduring Freedom and a
subsequent deployment of the unit or member to Operation
Iraqi Freedom or Operation Enduring Freedom should be equal
to or longer than twice the period of such previous
deployment.
(3) Covered units and members.--The units and members of
the Armed Forces specified in this paragraph are as follows:
(A) Units and members of the regular Army.
(B) Units and members of the regular Marine Corps.
(C) Units and members of the regular Navy.
(D) Units and members of the regular Air Force.
(E) Units and members of the regular Coast Guard.
(c) Minimum Period for Units and Members of the Reserve
Components.--
(1) In general.--No unit or member of the Armed Forces
specified in paragraph (3) may be deployed for Operation
Iraqi Freedom or Operation Enduring Freedom (including
participation in the NATO International Security Assistance
Force (Afghanistan)) if the unit or member has been deployed
at any time within the three years preceding the date of the
deployment covered by this subsection.
(2) Sense of congress on mobilization and optimal minimum
period between deployments.--It is the sense of Congress
that--
(A) the units and members of the reserve components of the
Armed Forces should not be mobilized continuously for more
than one year; and
(B) the optimal minimum period between the previous
deployment of a unit or member of the Armed Forces specified
in paragraph (3) to Operation Iraqi Freedom or Operation
Enduring Freedom and a subsequent deployment of the unit or
member to Operation Iraqi Freedom or Operation Enduring
Freedom should be five years.
(3) Covered units and members.--The units and members of
the Armed Forces specified in this paragraph are as follows:
(A) Units and members of the Army Reserve.
(B) Units and members of the Army National Guard.
(C) Units and members of the Marine Corps Reserve.
(D) Units and members of the Navy Reserve.
(E) Units and members of the Air Force Reserve.
(F) Units and members of the Air National Guard.
(G) Units and members of the Coast Guard Reserve.

[[Page S11760]]

(d) Inapplicability to Special Operations Forces.--The
limitations in subsections (b) and (c) shall not apply with
respect to forces that are considered special operations
forces for purposes of section 167(i) of title 10, United
States Code.
(e) Waiver by the President.--The President may waive the
limitation in subsection (b) or (c) with respect to the
deployment of a unit or member of the Armed Forces specified
in such subsection if the President certifies to Congress
that the deployment of the unit or member is necessary to
meet an operational emergency posing a threat to vital
national security interests of the United States.
(f) Waiver by Miliary Chief of Staff or Commandant for
Voluntary Mobilizations.--
(1) Army.--With respect to the deployment of a member of
the Army who has voluntarily requested mobilization, the
limitation in subsection (b) or (c) may be waived by the
Chief of Staff of the Army (or the designee of the Chief of
Staff of the Army).
(2) Navy.--With respect to the deployment of a member of
the Navy who has voluntarily requested mobilization, the
limitation in subsection (b) or (c) may be waived by the
Chief of Naval Operations (or the designee of the Chief of
Naval Operations).
(3) Marine corps.--With respect to the deployment of a
member of the Marine Corps who has voluntarily requested
mobilization, the limitation in subsection (b) or (c) may be
waived by the Commandant of the Marine Corps (or the designee
of the Commandant of the Marine Corps).
(4) Air force.--With respect to the deployment of a member
of the Air Force who has voluntarily requested mobilization,
the limitation in subsection (b) or (c) may be waived by the
Chief of Staff of the Air Force (or the designee of the Chief
of Staff of the Air Force).
(5) Coast guard.--With respect to the deployment of a
member of the Coast Guard who has voluntarily requested
mobilization, the limitation in subsection (b) or (c) may be
waived by the Commandant of the Coast Guard (or the designee
of the Commandant of the Coast Guard).
(g) Effective Date.--In order to afford the Department of
Defense sufficient time to plan and organize the
implementation of the provisions of this section, the
provisions of this section shall go into effect 120 days
after the date of the enactment of this Act.
______

SA 2910. Mr. SPECTER submitted an amendment intended to be proposed
to amendment SA 2067 submitted by Mr. Kennedy (for himself and 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:

At the end, add the following:
(j) Construction and Application.--Nothing in this section
or an amendment made by this section shall be construed or
applied in a manner that substantially burdens any exercise
of religion (regardless of whether compelled by, or central
to, a system of religious belief), speech, expression, or
association, if such exercise of religion, speech,
expression, or association was not intended to--
(1) plan or prepare for an act of physical violence; or
(2) incite an imminent act of physical violence against
another.
______

SA 2911. Mr. CASEY (for himself and Mr. Specter) 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 E of title X, add the following:

SEC. 1070. SENSE OF CONGRESS ON A MEMORIAL FOR MEMBERS OF THE
ARMED FORCES WHO DIED IN AN AIR CRASH IN BAKERS
CREEK, AUSTRALIA.

(a) Findings.--Congress makes the following findings:
(1) During World War II, the United States Army Air Corps
established rest and recreation facilities in Mackay,
Queensland, Australia.
(2) From the end of January 1943 until early 1944,
thousands of United States servicemen were ferried from
jungle battlefields in New Guinea to Mackay.
(3) These servicemen traveled by air transport to spend an
average of 10 days on a rest and relaxation furlough.
(4) They usually were carried by two B-17C Flying
Fortresses converted for transport duty.
(5) On Monday, June 14, 1943, at about 6 a.m., a B-17C,
Serial Number 40-2072, took off from Mackay Airport for Port
Moresby, New Guinea.
(6) There were 6 crew members and 35 passengers aboard.
(7) The aircraft took off into fog and soon made two left
turns at low altitude.
(8) A few minutes after takeoff, when it was five miles
south of Mackay, the plane crashed at Bakers Creek, killing
everyone on board except Corporal Foye Kenneth Roberts of
Wichita Falls, Texas, the sole survivor of the accident.
(9) The cause of the crash remains a mystery, and the
incident remains relatively unknown outside of Australia.
(10) United States officials, who were under orders not to
reveal the presence of Allied troops in Australia, kept the
crash a military secret during the war.
(11) Due to wartime censorship, the news media did not
report the crash.
(12) Relatives of the victims received telegrams from the
United States War Department stating little more than that
the serviceman had been killed somewhere in the South West
Pacific.
(13) The remains of the 40 crash victims were flown to
Townsville, Queensland, where they were buried in the Belgian
Gardens United States military cemetery on June 19, 1943.
(14) In early 1946, they were disinterred and shipped to
Hawaii, where 13 were reburied in the National Memorial
Cemetery of the Pacific, and the remainder were returned to
the United States mainland for reburial.
(15) 15 years ago, Robert S. Cutler was reading his
father's wartime journal and found a reference to the tragic
B-17C airplane accident.
(16) This discovery inspired Mr. Cutler to embark upon a
research project that would consume more than a decade and
take him to Australia.
(17) Retired United States Air Force Chief Master Sergeant
Teddy W. Hanks, of Wichita Falls, Texas, who lost 4 of his
World War II buddies in the crash, compiled a list of the
casualties from United States archives in 1993 and began
searching for their families.
(18) The Bakers Creek Memorial Association, in conjunction
with the Washington Post and retired United States Army
genealogy experts Charles Gailey and Arvon Staats, located 23
additional families of victims of the accident during the
past 2 years.
(19) The commander of the United States Fifth Air Force
officially had notified the relatives of 36 of the 40
victims.
(b) Sense of Congress.--It is the sense of Congress that an
appropriate site in Arlington National Cemetery should be
provided for a memorial marker to honor the memory of the 40
members of the Armed Forces of the United States who lost
their lives in the air crash at Bakers Creek, Australia, on
June 14, 1943, provided that the Secretary of the Army has
exclusive authority to approve the design and site for the
memorial marker.
______

SA 2912. Mr. LAUTENBERG (for himself and Mr. Hagel) 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 VII, add the following:

SEC. 703. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN
CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE
UNIFORMED SERVICES.

(a) Charges Under Contracts for Medical Care.--Section
1097(e) of title 10, United States Code, is amended by
striking ``September 30, 2007'' and inserting ``September 30,
2008''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such
title is amended by striking ``September 30, 2007'' and
inserting ``September 30, 2008''.
(c) Premiums Under TRICARE Coverage for Certain Members in
the Selected Reserve.--Section 1076d(d)(3) of such title is
amended by striking ``September 30, 2007'' and inserting
``September 30, 2008''.
(d) Premiums Under TRICARE Coverage for Members of the
Ready Reserve.--Section 1076b(e)(3) of such title is amended
by striking ``September 30, 2007'' and inserting ``September
30, 2008''.

SEC. 704. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.

During the period beginning on October 1, 2007, and ending
on September 30, 2008, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title
10, United States Code, for pharmaceutical agents available
through retail pharmacies covered by paragraph (2)(E)(ii) of
such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.

SEC. 705. SENSE OF CONGRESS ON FEES AND ADJUSTMENTS UNDER THE
TRICARE PROGRAM.

It is the sense of Congress that--
(1) career members of the uniformed services and their
families endure unique and extraordinary demands, and make
extraordinary sacrifices, over the course of 20-year to 30-
year careers in protecting freedom for all Americans;
(2) these demands and sacrifices are such that few
Americans are willing to accept them for a multi-decade
career;

[[Page S11761]]

(3) a primary benefit of enduring the extraordinary
sacrifices inherent in a military career is a system of
exceptional retirement benefits that a grateful Nation
provides for those who choose to subordinate much of their
personal life to the national interest for so many years;
(4) proposals to compare cash fees paid by retired military
members and their families to fees paid by civilians fail to
recognize adequately that military members prepay the
equivalent of very large advance premiums for health care in
retirement through their extended service and sacrifice, in
addition to cash fees, deductibles, and copayments;
(5) the Department of Defense and the Nation have a
committed obligation to provide health care benefits to
active duty, National Guard, Reserve and retired members of
the uniformed services and their families and survivors that
considerably exceeds the obligation of corporate employers to
provide health care benefits to their employees; and
(6) the Department of Defense has options to constrain the
growth of health care spending in ways that do not
disadvantage retired members of the uniformed services, and
should pursue any and all such options as a first priority.
______

SA 2913. 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 page 304, strike line 24 and all that follows through
page 305, line 21.
______

SA 2914. 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 page 304, strike lines 16 through 23.
______

SA 2915. 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 page 302, strike line 18 and all that follows through
page 303, line 14.

______

SA 2916. 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 page 306, strike line 23 and all that follows through
the remainder of the section and insert the following:
``(G) the detainee shall bear the burden of proof and
production that evidence that the United States seeks to
introduce against him is inadmissible pursuant to this
paragraph.
``(5) Scheduling.--The Secretary shall ensure that a
Tribunal is scheduled for a detainee described in paragraph
(2) not later than 180 days after the date on which a
Tribunal becomes required for such detainee under paragraph
(1), except that--
``(A) the Secretary shall schedule a Tribunal for a
detainee who is eligible for such a Tribunal on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2008 not later than one year after the date on
which procedures are required to be prescribed by paragraph
(4); and
``(B) the Secretary shall not be required to schedule a
Tribunal for--
``(i) a detainee upon whom charges have been served in
accordance with section 948s of title 10, United States Code,
until after final judgment has been reached on such charges;
or
``(ii) a detainee who has been convicted by a military
commission under chapter 47 A of such title of an offense
under subchapter VII of that chapter.''.
(b) Modifications of Military Commission Authorities.--
(1) Congress finds that terrorists and other combatants
serving in the forces of Al Qaeda, the Taliban, and
associated forces are unlawful enemy combatants that they are
subject to trial by military commission.
(2) Statements obtained through cruel, inhuman, or
degrading treatment.--Section 948r of title 10, United States
Code, is amended--
(A) by striking subsections (c) and (d); and
(B) by adding after subsection (b) the following new
subsection (c):
``(c) Statements Obtained Through Cruel, Inhuman, or
Degrading Treatment.--A statement in which the degree of
coercion is disputed may be admitted if the military judge
finds that--
``(1) the totality of the circumstances renders the
statement reliable and possessing sufficient probative value;
``(2) the interests of justice would best be served by
admission of the statement into evidence; and
``(3) one of the following circumstances is met:
``(A) The alleged coercion was incident to the lawful
conduct of military operations at the point of apprehension.
``(B) The statement was voluntary.
``(C) The interrogation methods used to obtain the
statement do not amount to cruel, inhuman, or degrading.
treatment prohibited by section 1003 of the Detainee
Treatment Act of 2005 (42 U.S.C. 2000dd).
``(4) the detainee shall bear the burden of proof and
production that evidence that the United States seeks to
introduce against him is inadmissible pursuant to this
subsection.''.
(4) Admittance of hearsay evidence.--Subparagraph (E) of
section 949a(b)(2) of such title is amended to read as
follows:
``(E) Hearsay evidence not otherwise admissible under the
rules of evidence applicable in trial by general courts-
martial may be admitted in a trial by military commission
if--
``(i) the proponent of the evidence makes known to the
adverse party, sufficiently in advance of trial or hearing to
provide the adverse party with a fair opportunity to meet the
evidence, the proponent's intention to offer the evidence,
and the particulars of the evidence (including information on
the circumstances under which the evidence was obtained); and
``(ii) the military judge finds that the totality of the
circumstances render the evidence more probative on the point
for which it is offered than other evidence which the
proponent can procure through reasonable efforts, taking into
consideration the unique circumstances of the conduct of
military and intelligence operations during hostilities; or
``(iii) the evidence is admissible pursuant to the
standards and procedures employed by recent United Nations
war crimes tribunals or by the Nuremberg War Crimes
Tribunal.''.
(5) Technical and conforming amendments.--
(A) Technical amendment.--The heading of section 950j of
such title is amended by striking ``Finality or'' and
inserting ``Finality of''.
(B) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47A of such title is
amended to read as follows:

``950j. Finality of proceedings, findings, and sentences.''.
______

SA 2917. Mrs. CLINTON submitted an amendment intended to be proposed
by her to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title VI, add the following:

SEC. 604. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR
TEMPORARY LODGING EXPENSES FOR MEMBERS OF THE
ARMED FORCES IN AREAS SUBJECT TO MAJOR DISASTER
DECLARATION OR FOR INSTALLATIONS EXPERIENCING
SUDDEN INCREASE IN PERSONNEL LEVELS.

(a) Maximum Period of Receipt of Expenses.--Section
404a(c)(3) of title 37, United States Code, is amended by
striking ``20 days'' and inserting ``60 days''.
(b) Extension of Authority for Increase in Certain BAH.--
Section 403(b)(7)(E) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.
______

SA 2918. Mr. McCAIN (for himself and Mr. Graham) submitted an
amendment intended to be proposed to amendment SA 2011 proposed by Mr.
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

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

SEC. 1031. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE POLICY
REGARDING DWELL TIME RATIO GOALS FOR MEMBERS OF
THE ARMED FORCES DEPLOYED IN SUPPORT OF
OPERATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the wartime demands in support of Operation Iraqi
Freedom (OIF) and Operation Enduring Freedom (OEF) placed on
the men and women of the Armed Forces, both in the

[[Page S11762]]

regular and reserve components, and on their families and
loved ones, have required the utmost in honor, courage,
commitment, and dedication to duty, and the sacrifices they
have made and continue to make in the defense of our nation
will forever be remembered and revered;
(2) members of the Armed Forces who have completed combat
deployments in Iraq and Afghanistan should be afforded as
much ``dwell time'' as possible at their home stations prior
to re-deployment; and
(3) consistent with wartime requirements, the Department of
Defense should establish a force management policy for
deployments of units and members of the Armed Forces in
support of Operation Iraqi Freedom or Operation Enduring
Freedom (including participation in the NATO International
Security Assistance Force (Afghanistan)) as soon as
practicable that achieves the goal of--
(A) for units and members of the regular components of the
Armed Forces, providing for a period between the deployment
of the unit or member that is equal to or longer than the
period of the previous deployment of the unit or member;
(B) for units and members of the reserve components of the
Armed Forces, and particularly for units and members in the
ground forces, limiting deployment if the unit or member has
been deployed at any time within the three years preceding
the date of the deployment; and
(C) ensuring the capability of the Armed Forces to respond
to national security needs.
(b) Certifications Required.--The Secretary of Defense may
not implement any force management policy regarding mandatory
ratios of deployed days and days at home station for members
of the Armed Forces deployed in support of Operation Iraqi
Freedom or Operation Enduring Freedom until the Secretary
submits to Congress certifications as follows:
(1) That the policy would not result in extension of
deployment of units and members of the Armed Forces already
deployed in Iraq or Afghanistan beyond their current
scheduled rotations.
(2) That the policy would not cause broader and more
frequent mobilization of National Guard and Reserve units and
members in order to accomplish operational missions.
(c) National Security Waiver Authority.--The Secretary of
Defense may waive the provisions of any force management
policy and any attendant certification requirement under
subsection (a) or (b), and the applicability of such a policy
to a member of the Armed Forces or any group of members, if
the Secretary determines that the waiver is necessary in the
national security interests of the United States.
______

SA 2919. Mr. DURBIN (for himself, Mr. Hagel, Mr. Lugar, and Mr.
Hatch) submitted an amendement intended to be proposed by him to the
bill H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE XXXIII--DREAM ACT OF 2007

SEC. 3301. SHORT TITLE.

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

SEC. 3302. DEFINITIONS.

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

SEC. 3303. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS
OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this title, the Secretary
of Homeland Security may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
subject to the conditional basis described in section 3305,
an alien who is inadmissible or deportable from the United
States, if the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this title,
and had not yet reached the age of 16 years at the time of
initial entry;
(B) the alien has been a person of good moral character
since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
or (10)(C) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); and
(ii) is not deportable under paragraph (1)(E), (2), or (4)
of section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1227(a));
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the United
States, or has earned a high school diploma or obtained a
general education development certificate in the United
States;
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien--
(i) has remained in the United States under color of law
after such order was issued; or
(ii) received the order before attaining the age of 16
years; and
(F) the alien is under 30 years of age on the date of the
enactment of this Act.
(2) Waiver.--Notwithstanding paragraph (1), the Secretary
of Homeland Security may waive the ground of ineligibility
under section 212(a)(6)(E) of the Immigration and Nationality
Act and the ground of deportability under paragraph (1)(E) of
section 237(a) of that Act for humanitarian purposes or
family unity or when it is otherwise in the public interest.
(3) Procedures.--The Secretary of Homeland Security shall
provide a procedure by regulation allowing eligible
individuals to apply affirmatively for the relief available
under this subsection without being placed in removal
proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under this section shall
not terminate when the alien is served a notice to appear
under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to
exceptional circumstances. The exceptional circumstances
determined sufficient to justify an extension should be no
less compelling than serious illness of the alien, or death
or serious illness of a parent, grandparent, sibling, or
child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this title, the Secretary of
Homeland Security shall publish proposed regulations
implementing this section. Such regulations shall be
effective immediately on an interim basis, but are subject to
change and revision after public notice and opportunity for a
period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary of Homeland Security shall
publish final regulations implementing this section.
(f) Removal of Alien.--The Secretary of Homeland Security
may not remove any alien who has a pending application for
conditional status under this title.

SEC. 3304. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section
3305, an alien whose status has been adjusted under section
3303 to that of an alien lawfully admitted for permanent
residence shall be considered to have obtained such status on
a conditional basis subject to the provisions of this
section. Such conditional permanent resident status shall be
valid for a period of 6 years, subject to termination under
subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary of Homeland Security
shall provide for notice to the alien regarding the
provisions of this section and the requirements of subsection
(c) to have the conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary of Homeland Security to provide a notice under
this paragraph--
(i) shall not affect the enforcement of the provisions of
this title with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this title, if the
Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 3303(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.

[[Page S11763]]

(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this title.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary of Homeland Security, in accordance with paragraph
(3), a petition which requests the removal of such
conditional basis and which provides, under penalty of
perjury, the facts and information so that the Secretary may
make the determination described in paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary of Homeland
Security shall make a determination as to whether the alien
meets the requirements set out in subparagraphs (A) through
(E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.
(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary of Homeland Security in
accordance with this title. The alien shall be deemed in
conditional permanent resident status in the United States
during the period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary of Homeland Security to determine whether each of
the following requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 3303(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of each secondary school
(as that term is defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) that
the alien attended in the United States.
(2) Hardship exception.--
(A) In general.--The Secretary of Homeland Security may, in
the Secretary's discretion, remove the conditional status of
an alien if the alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
of Homeland Security may extend the period of conditional
resident status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must be
removed before the alien may apply for naturalization.

SEC. 3305. RETROACTIVE BENEFITS.

If, on the date of enactment of this title, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 3303(a)(1) and section 3304(d)(1)(D), the
Secretary of Homeland Security may adjust the status of the
alien to that of a conditional resident in accordance with
section 3303. The alien may petition for removal of such
condition at the end of the conditional residence period in
accordance with section 3304(c) if the alien has met the
requirements of subparagraphs (A), (B), and (C) of section
3304(d)(1) during the entire period of conditional residence.

SEC. 3306. EXCLUSIVE JURISDICTION.

The Secretary of Homeland Security shall have exclusive
jurisdiction to determine eligibility for relief under this
title, except where the alien has been placed into
deportation, exclusion, or removal proceedings either prior
to or after filing an application for relief under this
title, in which case the Attorney General shall have
exclusive jurisdiction and shall assume all the powers and
duties of the Secretary until proceedings are terminated, or
if a final order of deportation, exclusion, or removal is
entered the Secretary shall resume all powers and duties
delegated to the Secretary under this title.

SEC. 3307. STAY OF REMOVAL OF CERTAIN ALIENS ENROLLED IN
PRIMARY OR SECONDARY SCHOOL.

(a) Stay of Removal.--The Attorney General shall stay the
removal proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 3303(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(b) Employment.--An alien whose removal is stayed pursuant
to subsection (a) may be engaged in employment in the United
States consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.) and State and local laws governing
minimum age for employment.
(c) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (a) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (a)(1).

SEC. 3308. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

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

SEC. 3309. CONFIDENTIALITY OF INFORMATION.

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

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

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

SEC. 3311. HIGHER EDUCATION ASSISTANCE.

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

[[Page S11764]]

(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.

SEC. 3312. GAO REPORT.

Not later than seven years after the date of enactment of
this title, the Comptroller General of the United States
shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 3303(a);
(2) the number of aliens who applied for adjustment of
status under section 3303(a);
(3) the number of aliens who were granted adjustment of
status under section 3303(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 3304.
______

SA 2920. Mr. SALAZAR (for himself and Mr. Allard) 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 XXVIII, add the following:

SEC. 2864. REPORT ON THE PINON CANYON MANEUVER SITE,
COLORADO.

(a) Report on the Pinon Canyon Maneuver Site.--
(1) Report required.--Not later than 180 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 Pinon Canyon Maneuver Site (referred to in this
section as ``the Site'').
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An analysis of whether existing training facilities at
Fort Carson, Colorado, and the Site are sufficient to support
the training needs of units stationed or planned to be
stationed at Fort Carson, including the following:
(i) A description of any new training requirements or
significant developments affecting training requirements for
units stationed or planned to be stationed at Fort Carson
since the 2005 Defense Base Closure and Realignment
Commission found that the base has ``sufficient capacity'' to
support four brigade combat teams and associated support
units at Fort Carson.
(ii) A study of alternatives for enhancing training
facilities at Fort Carson and the Site within their current
geographic footprint, including whether these additional
investments or measures could support additional training
activities.
(iii) A description of the current training calendar and
training load at the Site, including--

(I) the number of brigade-sized and battalion-sized
military exercises held at the Site since its establishment;
(II) an analysis of the maximum annual training load at the
Site, without expanding the Site; and
(III) an analysis of the training load and projected
training calendar at the Site when all brigades stationed or
planned to be stationed at Fort Carson are at home station.

(B) A report of need for any proposed addition of training
land to support units stationed or planned to be stationed at
Fort Carson, including the following:
(i) A description of additional training activities, and
their benefits to operational readiness, which would be
conducted by units stationed at Fort Carson if, through
leases or acquisition from consenting landowners, the Site
were expanded to include--

(I) the parcel of land identified as ``Area A'' in the
Potential PCMS Land expansion map;
(II) the parcel of land identified as ``Area B'' in the
Potential PCMS Land expansion map;
(III) the parcels of land identified as ``Area A'' and
``Area B'' in the Potential PCMS Land expansion map;
(IV) acreage sufficient to allow simultaneous exercises of
a light infantry brigade and a heavy infantry brigade at the
Site;
(V) acreage sufficient to allow simultaneous exercises of
two heavy infantry brigades at the Site;
(VI) acreage sufficient to allow simultaneous exercises of
a light infantry brigade and a battalion at the Site; and
(VII) acreage sufficient to allow simultaneous exercises of
a heavy infantry brigade and a battalion at the Site.

(ii) An analysis of alternatives for acquiring or utilizing
training land at other installations in the United States to
support training activities of units stationed at Fort
Carson.
(iii) An analysis of alternatives for utilizing other
federally owned land to support training activities of units
stationed at Fort Carson.
(C) An analysis of alternatives for enhancing economic
development opportunities in southeastern Colorado at the
current Site or through any proposed expansion, including the
consideration of the following alternatives:
(i) The leasing of land on the Site or any expansion of the
Site to ranchers for grazing.
(ii) The leasing of land from private landowners for
training.
(iii) The procurement of additional services and goods,
including biofuels and beef, from local businesses.
(iv) The creation of an economic development fund to
benefit communities, local governments, and businesses in
southeastern Colorado.
(v) The establishment of an outreach office to provide
technical assistance to local businesses that wish to bid on
Department of Defense contracts.
(vi) The establishment of partnerships with local
governments and organizations to expand regional tourism
through expanded access to sites of historic, cultural, and
environmental interest on the Site.
(vii) An acquisition policy that allows willing sellers to
minimize the tax impact of a sale.
(viii) Additional investments in Army missions and
personnel, such as stationing an active duty unit at the
Site, including--

(I) an analysis of anticipated operational benefits; and
(II) an analysis of economic impacts to surrounding
communities.

(3) Potential pcms land expansion map defined.--In this
subsection, the term ``Potential PCMS Land expansion map''
means the June 2007 map entitled ``Potential PCMS Land
expansion''.
(b) Comptroller General Review of Report.--Not later than
180 days after the Secretary of Defense submits the report
required under subsection (a), the Comptroller General of the
United States shall submit to Congress a review of the report
and of the justification of the Army for expansion at the
Site.
(c) Public Comment.--After the report required under
subsection (b) is submitted to Congress, the Army shall
solicit public comment on the report for a period of not less
than 90 days. Not later than 30 days after the public comment
period has closed, the Secretary shall submit to Congress a
written summary of comments received.

______

SA 2921. Mrs. MURRAY 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 F of title VI, add the following:

SEC. 683. PLAN FOR PARTICIPATION OF MEMBERS OF THE NATIONAL
GUARD AND THE RESERVES IN THE BENEFITS DELIVERY
AT DISCHARGE PROGRAM.

(a) Plan To Maximize Participation.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to Congress a plan to maximize access to
the benefits delivery at discharge program for members of the
reserve components of the Armed Forces who have been called
or ordered to active duty at any time since September 11,
2001.
(b) Elements.--The plan submitted under subsection (a)
shall include a description of efforts to ensure that
services under the benefits delivery at discharge program are
provided, to the maximum extent practicable--
(1) at appropriate military installations;
(2) at appropriate armories and military family support
centers of the National Guard;
(3) at appropriate military medical care facilities at
which members of the Armed Forces are separated or discharged
from the Armed Forces;
(4) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of title 10, United
States Code, who is being retired under another provision of
such title or is being discharged, at a location reasonably
convenient to the member; and
(5) that services described in the plan can be provided
within resources available to the Secretary of Defense and
the Secretary of Veterans Affairs in the appropriate fiscal
year.
(c) Benefits Delivery at Discharge Program Defined.--In
this section, the term ``benefits delivery at discharge
program'' means a program administered jointly by the
Secretary of Defense and the Secretary of Veterans Affairs to
provide information and assistance on available benefits and
other transition assistance to members of the Armed Forces
who are separating from the Armed Forces, including
assistance to obtain any disability benefits for which such
members may be eligible.
______

SA 2922. Mr. COLEMAN 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

[[Page S11765]]

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. MODIFICATION OF AUTHORITIES RELATED TO THE OFFICE
OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ
RECONSTRUCTION.

(a) Termination Date.--Subsection (o)(1) of section 3001 of
the Emergency Supplemental Appropriations Act for Defense and
for the Reconstruction of Iraq and Afghanistan, 2004 (Public
Law 108-106; 117 Stat. 1238; 5 U.S.C. App., note to section
8G of Public Law 95-452), as amended by section 1054(b) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2397), section 2 of
the Iraq Reconstruction Accountability Act of 2006 (Public
Law 109-440), and section 3801 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 147)
is amended to read as follows:
``(1) The Office of the Inspector General shall terminate
on December 31, 2009.''.
(b) Jurisdiction Over Reconstruction Funds.--Such section
is further amended by adding at the end the following new
subsection:
``(p) Rule of Construction.--For purposes of carrying out
the duties of the Special Inspector General for Iraq
Reconstruction, any United States funds appropriated or
otherwise made available for fiscal years 2006 through 2008
for the reconstruction of Iraq, irrespective of the
designation of such funds, shall be deemed to be amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund.''.
(c) Hiring Authority.--Subsection (h)(1) of such section is
amended by inserting after ``pay rates'' the following: ``,
and may exercise the authorities of subsections (b) through
(i) of section 3161 of title 5, United States Code (without
regard to subsection (a) of such section)''.
______

SA 2923. Mr. MARTINEZ 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 II, add the following:

SEC. 256. STUDY AND REPORT ON STANDARD SOLDIER PATIENT
TRACKING SYSTEM.

(a) Study Required.--The Secretary of Defense shall conduct
a study on the feasibility of developing a joint soldier
tracking system for recovering service members.
(b) Matters Covered.--The study under subsection (a) shall
include the following:
(1) Review of the feasibility of allowing each recovering
service member, each family member of such a member, each
commander of a military installation retaining medical
holdover patients, each patient navigator, and ombudsman
office personnel, at all times, to be able to locate and
understand exactly where a recovering service member is in
the medical holdover process.
(2) A determination of whether the tracking system can be
designed to ensure that--
(A) the commander of each military medical facility where
recovering service members are located is able to track
appointments of such members to ensure they are meeting
timeliness and other standards that serve the member; and
(B) each recovering service member is able to know when his
appointments and other medical evaluation board or physical
evaluation board deadlines will be and that they have been
scheduled in a timely and accurate manner.
(3) Any other information needed to conduct oversight of
care of the member through out the medical holdover process.
(4) Information that will allow the Secretaries of the
military departments and the Assistant Secretary of Defense
for Health Affairs to monitor trends and problems.
(5) Safeguards to ensure that patient privacy and
confidentiality concerns are addressed.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the
study, with such findings and recommendations as the
Secretary considers appropriate.
______

SA 2924. Mr. FEINGOLD (for himself, Mr. Reid, Mr. Leahy, Mrs. Boxer,
Mr. Whitehouse, Mr. Harkin, Mr. Sanders, Mr. Schumer, Mr. Durbin, and
Mr. Menendez) 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 C of title XV, add the following:

SEC. 1535. SAFE REDEPLOYMENT OF UNITED STATES TROOPS FROM
IRAQ.

(a) Transition of Mission.--The President shall promptly
transition the mission of the United States Armed Forces in
Iraq to the limited and temporary purposes set forth in
subsection (d).
(b) Commencement of Safe, Phased Redeployment From Iraq.--
The President shall commence the safe, phased redeployment of
members of the United States Armed Forces from Iraq who are
not essential to the limited and temporary purposes set forth
in subsection (d). Such redeployment shall begin not later
than 90 days after the date of the enactment of this Act, and
shall be carried out in a manner that protects the safety and
security of United States troops.
(c) Use of Funds.--No funds appropriated or otherwise made
available under any provision of law may be obligated or
expended to continue the deployment in Iraq of members of the
United States Armed Forces after June 30, 2008.
(d) Exception for Limited and Temporary Purposes.--The
prohibition under subsection (c) shall not apply to the
obligation or expenditure of funds for the following limited
and temporary purposes:
(1) To conduct targeted operations, limited in duration and
scope, against members of al Qaeda and affiliated
international terrorist organizations.
(2) To provide security for United States Government
personnel and infrastructure.
(3) To provide training to members of the Iraqi Security
Forces who have not been involved in sectarian violence or in
attacks upon the United States Armed Forces, provided that
such training does not involve members of the United States
Armed Forces taking part in combat operations or being
embedded with Iraqi forces.
(4) To provide training, equipment, or other materiel to
members of the United States Armed Forces to ensure,
maintain, or improve their safety and security.
______

SA 2925. Mr. REID 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 D of title VI, insert the following:

SEC. 656. INCLUSION OF VETERANS WITH SERVICE-CONNECTED
DISABILITIES RATED AS TOTAL BY REASON OF
UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN
OF CONCURRENT RECEIPT OF RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION.

(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10,
United States Code, is amended by striking ``except that''
and all that follows and inserting ``except that payment of
retired pay is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on December
31, 2004, in the case of the following:
``(A) A qualified retiree receiving veterans' disability
compensation for a disability rated as 100 percent.
``(B) A qualified retiree receiving veterans' disability
compensation at the rate payable for a 100 percent disability
by reason of a determination of individual
unemployability.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on December 31, 2004.
______

SA 2926. Mr. BIDEN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle F--National Security With Justice

SEC. 1081. SHORT TITLE.

This subtitle may be cited as the ``National Security with
Justice Act of 2007''.

SEC. 1082. DEFINITIONS.

In this subtitle--
(1) the term ``aggrieved person''--
(A) means any individual subject by an officer or agent of
the United States either to extraterritorial detention or
rendition, except as authorized in this subtitle; and
(B) does not include any individual who is an international
terrorist;
(2) the term ``element of the intelligence community''
means an element of the intelligence community specified in
or designated under section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4));

[[Page S11766]]

(3) the term ``extraterritorial detention'' means detention
of any individual by an officer or agent of the United States
outside the territorial jurisdiction of the United States;
(4) the term ``Foreign Intelligence Surveillance Court''
means the court established under section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a));
(5) the term ``Geneva Conventions'' means--
(A) the Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the Condition of
the Wounded, Sick, and Shipwrecked Members of the Armed
Forces at Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516);
(6) the term ``international terrorist'' means--
(A) any person, other than a United States person, who
engages in international terrorism or activities in
preparation therefor; and
(B) any person who knowingly aids or abets any person in
the conduct of activities described in subparagraph (A) or
knowingly conspires with any person to engage in activities
described in subparagraph (A);
(7) the terms ``international terrorism'' and ``United
States person'' have the meanings given those terms in
section 101 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801);
(8) 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;
and
(9) the terms ``render'' and ``rendition'', relating to an
individual, mean that an officer or agent of the United
States transfers that individual from the legal jurisdiction
of the United States or a foreign country to a different
legal jurisdiction (including the legal jurisdiction of the
United States or a foreign country) without authorization by
treaty or by the courts of either such jurisdiction, except
under an order of rendition issued under section 1085C.

PART I--EXTRATERRITORIAL DETENTION AND RENDITION

SEC. 1085. PROHIBITION ON EXTRATERRITORIAL DETENTION.

(a) In General.--Except as provided in subsection (b), no
officer or agent of the United States shall engage in the
extraterritorial detention of any individual.
(b) Exceptions.--This section shall not apply to--
(1) an individual detained and timely transferred to a
foreign legal jurisdiction or the legal jurisdiction of the
United States under an order of rendition issued under
section 1085C or an emergency authorization under section
1085D;
(2) an individual--
(A) detained by the Armed Forces of the United States in
accordance with United States Army Regulation 190-8 (1997),
or any successor regulation certified by the Secretary of
Defense; and
(B) detained by the Armed Forces of the United States--
(i) under circumstances governed by, and in accordance
with, the Geneva Conventions;
(ii) in accordance with United Nations Security Council
Resolution 1546 (2004) and United Nations Security Council
Resolution 1723 (2004);
(iii) at the Bagram, Afghanistan detention facility; or
(iv) at the Guantanamo Bay, Cuba detention center on the
date of enactment of this Act;
(3) an individual detained by the Armed Forces of the
United States under circumstances governed by, and in
accordance with chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice);
(4) an individual detained by the Armed Forces of the
United States subject to an agreement with a foreign
government and in accordance with the relevant laws of that
foreign country when the Armed Forces of the United States
are providing assistance to that foreign government; or
(5) an individual detained pursuant to a peacekeeping
operation authorized by the United Nations Security Council
acting under Chapter VII of the Charter of the United
Nations.

SEC. 1085A. PROHIBITION ON RENDITION.

(a) In General.--Except as provided in subsection (b), no
officer or agent of the United States shall render or
participate in the rendition of any individual.
(b) Exceptions.--This section shall not apply to--
(1) an individual rendered under an order of rendition
issued under section 1085C;
(2) an individual detained and transferred by the Armed
Forces of the United States under circumstances governed by,
and in accordance with, the Geneva Conventions;
(3) an individual--
(A) for whom an attorney for the United States or for any
State has filed a criminal indictment, criminal information,
or any similar criminal charging document in any district
court of the United States or criminal court of any State;
and
(B) who is timely transferred to the United States for
trial;
(4) an individual--
(A) who was convicted of a crime in any State or Federal
court;
(B) who--
(i) escaped from custody prior to the expiration of the
sentence imposed; or
(ii) violated the terms of parole, probation, or supervised
release; and
(C) who is promptly returned to the United States--
(i) to complete the term of imprisonment; or
(ii) for trial for escaping imprisonment or violating the
terms of parole or supervised release; or
(5) an individual detained by the United States at the
Guantanamo Bay, Cuba detention center on the date of
enactment of this Act who is transferred to a foreign legal
jurisdiction.

SEC. 1085B. APPLICATION FOR AN ORDER OF RENDITION.

(a) In General.--A Federal officer or agent may make an
application for an order of rendition in writing, upon oath
or affirmation, to a judge of the Foreign Intelligence
Surveillance Court, if the Attorney General of the United
States or the Deputy Attorney General of the United States
determines that the requirements under this part for such an
application have been satisfied.
(b) Contents.--Each application under subsection (a) shall
include--
(1) the identity of the Federal officer or agent making the
application;
(2) a certification that the Attorney General of the United
States or the Deputy Attorney General of the United States
has approved the application;
(3) the identity of the specific individual to be rendered;
(4) a statement of the facts and circumstances relied upon
by the applicant to justify the good faith belief of the
applicant that--
(A) the individual to be rendered is an international
terrorist;
(B) the country to which the individual is to be rendered
will not subject the individual to torture or cruel, inhuman,
or degrading treatment, within the meaning of the United
Nations Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, done at New York on
December 10, 1984;
(C) the country to which the individual is to be rendered
will timely initiate legal proceedings against that
individual that comport with fundamental notions of due
process; and
(D) rendition of that individual is important to the
national security of the United States; and
(5) a full and complete statement regarding--
(A) whether ordinary legal procedures for the transfer of
custody of the individual to be rendered have been tried and
failed; or
(B) the facts and circumstances that justify the good faith
belief of the applicant that ordinary legal procedures
reasonably appear to be--
(i) unlikely to succeed if tried; or
(ii) unlikely to adequately protect intelligence sources or
methods.
(c) Technical and Conforming Amendment.--Section 103 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803) is amended by adding at the end the following:
``(g) The court established under subsection (a) may hear
an application for and issue, and the court established under
subsection (b) may review the issuing or denial of, an order
of rendition under section 1085C of the National Security
with Justice Act of 2007.''.

SEC. 1085C. ISSUANCE OF AN ORDER OF RENDITION.

(a) In General.--Upon filing of an application under
section 1085B, a judge of the Foreign Intelligence
Surveillance Court shall enter an ex parte order as requested
or as modified approving the rendition, if the judge finds
that--
(1) the Attorney General of the United States or the Deputy
Attorney General of the United States has approved the
application for rendition;
(2) the application has been made by a Federal officer or
agent;
(3) the application establishes probable cause to believe
that the individual to be rendered is an international
terrorist;
(4) ordinary legal procedures for transfer of custody of
the individual have been tried and failed or reasonably
appear to be unlikely to succeed for any of the reasons
described in section 1085B(b)(5)(B);
(5) the application, and such other information as is
available to the judge, including reports of the Department
of State and the United Nations Committee Against Torture and
information concerning the specific characteristics and
circumstances of the individual, establish a substantial
likelihood that the country to which the individual is to be
rendered will not subject the individual to torture or to
cruel, inhuman, or degrading treatment, within the meaning of
the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York on December 10, 1984;
(6) the application, and such other information as is
available to the judge, establish reason to believe that the
country to which the individual is to be rendered will timely
initiate legal proceedings against that individual that
comport with fundamental notions of due process; and

[[Page S11767]]

(7) the application establishes reason to believe that
rendition of the individual to be rendered is important to
the national security of the United States.
(b) Appeal.--The Government may appeal the denial of an
application for an order under subsection (a) to the court of
review established under section 103(b) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)),
and further proceedings with respect to that application
shall be conducted in a manner consistent with that section
103(b).

SEC. 1085D. AUTHORIZATIONS AND ORDERS FOR EMERGENCY
DETENTION.

(a) In General.--Notwithstanding any other provision of
this part, and subject to subsection (b), the President or
the Director of National Intelligence may authorize the Armed
Forces of the United States or an element of the intelligence
community, acting within the scope of existing authority, to
detain an international terrorist in a foreign jurisdiction
if the President or the Director of National Intelligence
reasonably determines that--
(1) failure to detain that individual will result in a risk
of imminent death or imminent serious bodily injury to any
individual or imminent damage to or destruction of any United
States facility; and
(2) the factual basis for issuance of an order of rendition
under paragraphs (3) and (7) of section 1085C(a) exists.
(b) Notice and Application.--The President or the Director
of National Intelligence may authorize an individual be
detained under subsection (a) if--
(1) the President or the Director of National Intelligence,
or the designee of the President or the Director of National
Intelligence, at the time of such authorization, immediately
notifies the Foreign Intelligence Surveillance Court that the
President or the Director of National Intelligence has
determined to authorize that an individual be detained under
subsection (a); and
(2) an application in accordance with this part is made to
the Foreign Intelligence Surveillance Court as soon as
practicable, but not more than 72 hours after the President
or the Director of National Intelligence authorizes that
individual to be detained.
(c) Emergency Rendition Prohibited.--The President or the
Director of National Intelligence may not authorize the
rendition to a foreign jurisdiction of, and the Armed Forces
of the United States or an element of the intelligence
community may not render to a foreign jurisdiction, an
individual detained under this section, unless an order under
section 1085C authorizing the rendition of that individual
has been obtained.
(d) Nondelegation.--Except as provided in this section, the
authority and duties of the President or the Director of
National Intelligence under this section may not be
delegated.

SEC. 1085E. 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.

SEC. 1085F. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL
ENGAGED IN AN INTERROGATION.

(a) Protection of United States Government Personnel.--In a
civil action or criminal prosecution against an officer or
agent of the United States relating to an interrogation, it
shall be a defense that such officer or agent of the United
States complied with section 185E.
(b) Applicability.--Subsection (a) shall not apply with
respect to any civil action or criminal prosecution relating
to the interrogation of an 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) Provision of Counsel.--In any civil action or criminal
prosecution arising from the alleged use of an authorized
interrogation practice by an officer or agent of the United
States, the Government of the United States may provide or
employ counsel, and pay counsel fees, court costs, bail, and
other expenses incident to representation.
(d) Construction.--Nothing in this section may be
construed--
(1) to limit or extinguish any defense or protection from
suit, civil or criminal liability, or damages otherwise
available to a person or entity; or
(2) to provide immunity from prosecution for any criminal
offense by the proper authorities.

SEC. 1085G. MONITORING AND REPORTING REGARDING THE TREATMENT,
CONDITIONS OF CONFINEMENT, AND STATUS OF LEGAL
PROCEEDINGS OF INDIVIDUALS RENDERED TO FOREIGN
GOVERNMENTS.

(a) In General.--The Secretary of State shall--
(1) regularly monitor the treatment of, the conditions of
confinement of, and the progress of legal proceedings against
an individual rendered to a foreign legal jurisdiction under
section 1085C; and
(2) not later than 6 months after the date of enactment of
this Act, and every 6 months thereafter, submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report detailing the treatment of, the
conditions of confinement of, and the progress of legal
proceedings against any individual rendered to a foreign
legal jurisdiction under section 1085C.
(b) Applicability.--The Secretary of State shall include in
the reports required under subsection (a)(2) information
relating to the treatment of, the conditions of confinement
of, and the progress of legal proceedings against an
individual rendered to a foreign legal jurisdiction under
section 1085C during the period beginning on the date that
individual was rendered to a foreign legal jurisdiction under
section 1085C and ending on the date that individual is
released from custody by that foreign legal jurisdiction.

SEC. 1085H. REPORT TO CONGRESS.

The Attorney General shall--
(1) submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives an annual report that contains--
(A) the total number of applications made for an order of
rendition under section 1085C;
(B) the total number of such orders granted, modified, or
denied;
(C) the total number of emergency authorizations issued
under section 1085D; and
(D) such other information as requested by the Select
Committee on Intelligence of the Senate or the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) make available to the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives a copy of each
application made and order issued under this part.

SEC. 1085I. CIVIL LIABILITY.

(a) In General.--An aggrieved person shall have a cause of
action against the head of the department or agency that
subjected that aggrieved person to extraterritorial detention
or a rendition in violation of this part and shall be
entitled to recover--
(1) actual damages, but not less than liquidated damages of
$1,000 for each day of the violation;
(2) punitive damages; and
(3) reasonable attorney's fees.
(b) Jurisdiction.--The United States District Court for the
District of Columbia shall have original jurisdiction over
any claim under this section.

SEC. 1085J. ADDITIONAL RESOURCES FOR FOREIGN INTELLIGENCE
SURVEILLANCE COURT.

(a) Authority for Additional Judges.--Section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as so designated, by inserting ``at
least'' before ``seven of the United States judicial
circuits'';
(3) by striking ``If any judge so designated'' and
inserting the following:
``(3) If any judge so designated''; and
(4) by inserting after paragraph (1), as so designated, the
following:
``(2) In addition to the judges designated under paragraph
(1), the Chief Justice of the United States may designate as
judges of the court established by paragraph (1) such judges
appointed under article III of the Constitution of the United
States as the Chief Justice determines appropriate in order
to provide for the prompt and timely consideration of
applications under sections 1085B of the National Security
with Justice Act of 2007 for orders of rendition under
section 1085C of that Act. Any judge designated under this
paragraph shall be designated publicly.''.
(b) Additional Legal and Other Personnel for Foreign
Intelligence Surveillance Court.--There is authorized for the
Foreign Intelligence Surveillance Court such additional staff
personnel as may be necessary to facilitate the prompt
processing and consideration by that Court of applications
under section 1085B for orders of rendition under section
1085C approving rendition of an international terrorist. The
personnel authorized by this section are in addition to any
other personnel authorized by law.

SEC. 1085K. RULE OF CONSTRUCTION.

Nothing in this part may be construed as altering or adding
to existing authorities for the extraterritorial detention or
rendition of any individual.

SEC. 1085L. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be
necessary to carry out

[[Page S11768]]

this part and the amendments made by this part.

PART II--ENEMY COMBATANTS

SEC. 1090. MODIFICATION OF DEFINITION OF ``UNLAWFUL ENEMY
COMBATANT'' FOR PURPOSES OF MILITARY
COMMISSIONS.

Section 948a(1)(A) of title 10, United States Code, is
amended--
(1) in the matter preceding clause (i), by striking
``means''; and
(2) by striking clauses (i) and (ii) and inserting the
following:
``(i) means a person who is not a lawful enemy combatant
and who--
``(I) has engaged in hostilities against the United States;
or
``(II) has purposefully and materially supported
hostilities against the United States (other than hostilities
engaged in as a lawful enemy combatant); and
``(ii) does not include any person who is--
``(I) a citizen of the United States or legally admitted to
the United States; and
``(II) taken into custody in the United States.''.

PART III--HABEAS CORPUS

SEC. 1095. EXTENDING STATUTORY HABEAS CORPUS TO DETAINEES.

(a) In General.--Section 2241 of title 28, United States
Code, is amended by striking subsection (e) and inserting the
following:
``(e)(1) The United States District Court for the District
of Columbia shall have jurisdiction to hear or consider an
application for a writ of habeas corpus filed by or on behalf
of any person detained by the United States who has been--
``(A) determined by the United States to have been properly
detained as an enemy combatant; or
``(B) detained by the United States for more than 90 days
without such a determination.
``(2) The United States District Court for the District of
Columbia shall have jurisdiction to hear or consider an
application for a writ of habeas corpus filed by or on behalf
of any person detained by the United States who has been
tried by military commission established under chapter 47A of
title 10, United States Code, and has exhausted the appellate
procedure under subchapter VI of that chapter.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Subchapter VI of chapter 47A of title 10,
United States Code, is amended--
(A) by striking section 950g;
(B) in section 950h--
(i) in subsection (a), by adding at the end the following:
``Appointment of appellate counsel under this subsection
shall be for purposes of this chapter only, and not for any
proceedings relating to an application for a writ of habeas
corpus relating to any matter tried by a military
commission.''; and
(ii) in subsection (c), by striking ``, the United States
Court of Appeals for the District of Columbia, and the
Supreme Court,'';
(C) in section 950j--
(i) by striking ``(a) Finality.--''; and
(ii) by striking subsection (b); and
(D) in the table of sections at the beginning of that
subchapter, by striking the item relating to section 950g.
(2) Detainee treatment acts.--
(A) In general.--Section 1005(e) of the Detainee Treatment
Act of 2005 (Public Law 109-148; 119 Stat. 2742; 10 U.S.C.
801 note) is amended--
(i) in subsection (e)--

(I) by striking paragraph (2); and
(II) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and

(ii) in subsection (h)(2)--

(I) by striking ``Paragraphs (2) and (3)'' and inserting
``Paragraph (2)''; and
(II) by striking ``one of such paragraphs'' and inserting
``that paragraph''.

(B) Other amendments.--Section 1405 of the Detainee
Treatment Act of 2005 (Public Law 109-163; 119 Stat. 3475; 10
U.S.C. 801 note) is amended--
(i) in subsection (e)--

(I) by striking paragraph (2); and
(II) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and

(ii) in subsection (h)(2)--

(I) by striking ``Paragraphs (2) and (3)'' and inserting
``Paragraph (2)''; and
(II) by striking ``one of such paragraphs'' and inserting
``that paragraph''.

(c) Rule of Construction.--Notwithstanding subsection (a),
no court, justice, or judge shall have jurisdiction to
consider an action described in subparagraph (a) brought by
an alien who is in the custody of the United States, in a
zone of active hostility involving the United States Armed
Forces, and where the United States is implementing United
States Army Reg 190-8 (1997) or any successor, as certified
by the Secretary of Defense.
______

SA 2927. Mr. BINGAMAN 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 D of title X, add the following:

SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE
NUCLEAR MISSIONS OF THE NAVY AND THE DEPARTMENT
OF ENERGY.

(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall jointly submit to Congress a report
on the requirements for a workforce to support the nuclear
missions of the Navy and the Department of Energy during the
10-year period beginning on the date of the report.
(b) Elements.--The report shall address anticipated changes
to the nuclear missions of the Navy and the Department of
Energy during the 10-year period beginning on the date of the
report, anticipated workforce attrition, and retirement, and
recruiting trends during that period and knowledge retention
programs within the Department of Defense, the Department of
Energy, the national laboratories, and federally funded
research facilities.
______

SA 2928. Mr. LAUTENBERG 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. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF
SANCTIONS BY FOREIGN ENTITIES.

(a) Short Title.--This section may be cited as the ``Stop
Business with Terrorists Act of 2007''.
(b) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, or other
organization.
(2) Parent company.--The term ``parent company'' means an
entity that is a United States person and--
(A) the entity owns, directly or indirectly, more than 50
percent of the equity interest by vote or value in another
entity;
(B) board members or employees of the entity hold a
majority of board seats of another entity; or
(C) the entity otherwise controls or is able to control the
actions, policies, or personnel decisions of another entity.
(3) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
(B) 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
subparagraph (A) own, directly or indirectly, more than 50
percent of the outstanding capital stock or other beneficial
interest in such entity.
(c) Liability of Parent Companies for Violations of
Sanctions by Foreign Entities.--
(1) In general.--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.
(2) Applicability.--Paragraph (1) shall not apply to a
parent company of an entity on which the President imposed a
penalty for a violation described in paragraph (1) 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 2929. Mr. CORNYN 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 D of title X, add the following:

SEC. 1044. REPORT ON FACILITIES AND OPERATIONS OF DARNALL
ARMY MEDICAL CENTER, FORT HOOD MILITARY
RESERVATION, TEXAS.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the facilities and operations of the

[[Page S11769]]

Darnall Army Medical Center at Fort Hood Military
Reservation, Texas.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A specific determination of whether the facilities
currently housing Darnall Army Medical Center meet Department
of Defense standards for Army medical centers.
(2) A specific determination of whether the existing
facilities adequately support the operations of Darnall Army
Medical Center, including the missions of medical treatment,
medical hold, medical holdover, and Warriors in Transition.
(3) A specific determination of whether the existing
facilities provide adequate physical space for the number of
personnel that would be required for Darnall Army Medical
Center to function as a full-sized Army medical center.
(4) A specific determination of whether the current levels
of medical and medical-related personnel at Darnall Army
Medical Center are adequate to support the operations of a
full-sized Army medical center.
(5) A specific determination of whether the current levels
of graduate medical education and medical residency programs
currently in place at Darnall Army Medical Center are
adequate to support the operations of a full-sized Army
medical center.
(6) A description of any and all deficiencies identified by
the Secretary.
(7) A proposed investment plan and timeline to correct such
deficiencies.
______

SA 2930. Mr. ISAKSON (for himself and Mr. Chambliss) 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. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT OF
THE DEPARTMENT OF VETERANS AFFAIRS, ATLANTA,
GEORGIA.

The Secretary of Veterans Affairs may carry out a major
medical facility project for modernization of inpatient wards
at the Department of Veterans Affairs Medical Center,
Atlanta, Georgia, in an amount not to exceed $20,534,000.
______

SA 2931. Mr. CASEY (for himself and Ms. Murkowski) 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. SENSE OF THE SENATE ON NEED FOR COMPREHENSIVE
DIPLOMATIC OFFENSIVE TO HELP BROKER NATIONAL
RECONCILIATION EFFORTS IN IRAQ.

(a) Findings.--The Senate makes the following findings:
(1) The men and women of the United States Armed Forces
have performed with honor and distinction in executing
Operation Iraqi Freedom and deserve the gratitude of the
American people.
(2) General David H. Petraeus, Commander of the
Multinational Force-Iraq, stated on March 8, 2007, ``There is
no military solution to a problem like that in Iraq.''
(3) President George W. Bush reiterated on July 12, 2007,
that the United States troop surge implemented in 2007
``seeks to open space for Iraq's political leaders to advance
the difficult process of national reconciliation, which is
essential to lasting security and stability''.
(4) Greater involvement and diplomatic engagement by Iraq's
neighbors and key international actors can help facilitate
the national political reconciliation so essential to
sustainable success in Iraq.
(5) The United States troop surge carried out in 2007 has
not, as of yet, been matched by a comparable diplomatic surge
designed to ensure that Iraqi national leaders carry through
on the process of national reconciliation.
(6) The final report of the Iraq Study Group, released in
December 2006, declared, ``The United States must build a new
international consensus for stability in Iraq and the region.
In order to foster such consensus, the United States should
embark on a robust diplomatic effort to establish an
international support structure intended to stabilize Iraq
and ease tensions in other countries in the region. This
support structure should include every country that has an
interest in averting a chaotic Iraq, including all of Iraq's
neighbors.''
(7) On August 10, 2007, the United Nations Security Council
voted unanimously to expand the mandate of its mission in
Iraq to assist the national government with political
reconciliation, bring together Iraq's neighbors to discuss
border security and energy access, and facilitate much needed
humanitarian assistance.
(8) The United States Ambassador to Iraq, the Honorable
Ryan C. Crocker, asserted on September 11, 2007, in testimony
before the Committee on Foreign Relations of the Senate,
``With respect, again, to [Iraq's] neighbors and others, that
is exactly our intent to have a more intensive, positive,
more regulated engagement between Iraq and its neighbors.. .
. The United Nations is now positioned to play a more active
and involved role.''
(9) General Petraeus said on September 11, 2007, in
response to a question on the need for greater civilian
activity in Iraq, ``I agree with the chairman of the Joint
Chiefs of Staff who has said repeatedly that certain elements
of our government are at war, DoD, State, AID, but not all of
the others.. . . We can use help in those areas. Some of the
areas are quite thin, agriculture, health, and some others.''
(10) The United States troop surge carried out in 2007 has
not, as of yet, been matched by a comparable civilian surge
designed to help the Government of Iraq strengthen its
capabilities in providing essential government services.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the United States Government should take the lead in
organizing a comprehensive diplomatic offensive, consisting
of bilateral, regional, and international initiatives, to
assist the Government of Iraq in achieving national
reconciliation and successfully meeting key security,
political, and economic benchmarks;
(2) it is in the interest of the United States and the
people of Iraq that Iraq is not seen as a uniquely
``American'' problem, but rather as of enduring importance to
the security and prosperity of its neighbors, the entire
Middle East region, and the broader international community;
(3) the greater involvement in a constructive fashion of
Iraq's neighbors, whether through a regional conference or
another mechanism, can help stabilize Iraq and end the
outside flows of weapons, explosive materials, foreign
fighters, and funding that contribute to the current
sectarian warfare in Iraq;
(4) the President and the Secretary of State should invest
their personal time and energy in these diplomatic efforts to
ensure that they receive the highest priority within the
United States Government and are viewed as a serious effort
in the region and elsewhere;
(5) the President, in order to demonstrate that a regional
diplomacy strategy enjoys attention at the highest levels of
the United States Government, should appoint a seasoned,
high-level Presidential envoy to the Middle East region to
supplement the efforts of Ambassador Crocker and focus on the
establishment of a regional framework to help stabilize Iraq;
(6) the United States Government should build upon
tentative progress achieved by the International Compact for
Iraq and the Iraq Neighbors Conference to serve as the basis
for a more intensive and sustained effort to construct an
effective regional mechanism;
(7) the President should direct the United States Permanent
Representative to the United Nations to use the voice and
vote of the United States at the United Nations to seek the
appointment of an international mediator in Iraq, under the
auspices of the United Nations Security Council, to engage
political, religious, ethnic, and tribal leaders in Iraq to
foster national reconciliation efforts;
(8) the United States Government should begin planning for
a wide-ranging dialogue on the mandate governing
international support for Iraq when the current United
Nations mandate authorizing the United States-led coalition
expires at the end of 2007;
(9) the United States Government should more directly press
Iraq's neighbors to open fully operating embassies in Baghdad
and establish inclusive diplomatic relations with the
Government of Iraq to help ensure the Government is viewed as
legitimate throughout the region;
(10) the United States Government should strongly urge the
governments of those countries that have previously pledged
debt forgiveness and economic assistance to the Government of
Iraq to fully carry through on their commitments on an
expedited basis;
(11) a key objective of any diplomatic offensive should be
to ameliorate the suffering and deprivation of Iraqi
refugees, both those displaced internally and those who have
fled to neighboring countries, through coordinated
humanitarian assistance and the development of a regional
framework to establish long-term solutions to the future of
displaced Iraqi citizens;
(12) the United States Government should reallocate
diplomats and Department of State funds as required to ensure
that any comprehensive diplomatic offensive to stabilize Iraq
on an urgent basis has the needed resources to succeed; and
(13) the United States Government should reallocate
civilian expertise to help governmental entities in Iraq
strengthen their ability to provide essential government
services to the people of Iraq.
______

SA 2932. Mr. LIEBERMAN submitted an amendment intended to be proposed

[[Page S11770]]

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 C of title X, add the following:

SEC. 1031. PROVISION OF CONTACT INFORMATION ON SEPARATING
MEMBERS OF THE ARMED FORCES TO STATE VETERANS
AGENCIES.

For each member of the Armed Forces pending separation from
the Armed Forces or who detaches from the member's regular
unit while awaiting medical separation or retirement, not
later than the date of such separation or detachment, as the
case may be, the Secretary of Defense shall, upon the request
of the member, provide the address and other appropriate
contact information of the member to the State veterans
agency in the State in which the member will first reside
after separation or in the State in which the member resides
while so awaiting medical separation or retirement, as the
case may be.
______

SA 2933. Mr. BAYH 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. NO ACCRUAL OF INTEREST ON FEDERAL DIRECT LOANS FOR
ACTIVE DUTY SERVICE MEMBERS AND THEIR SPOUSES.

(a) Short Title.--This section may be cited as the
``Interest Relief Act''.
(b) No Accrual of Interest for Active Duty Service Members
and Their Spouses.--Section 455 of the Higher Education Act
of 1965 (20 U.S.C. 1087e) is amended by adding at the end the
following:
``(m) No Accrual of Interest for Active Duty Service
Members and Their Spouses.--
``(1) In general.--Notwithstanding any other provision of
this part, and except as provided in paragraph (3), interest
on a loan made under this part shall not accrue for an
eligible borrower.
``(2) Eligible borrower.--In this subsection, the term
`eligible borrower' means an individual--
``(A) who is--
``(i) serving on active duty during a war or other military
operation or national emergency; or
``(ii) performing qualifying National Guard duty during a
war or other military operation or national emergency; or
``(B) who is the spouse of an individual described in
subparagraph (A).
``(3) Limitation.--An individual who qualifies as an
eligible borrower under this subsection may receive the
benefit of this subsection for not more than 60 months.''.
(c) Consolidation Loans.--Section 428C(b)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1078-3(b)(5)) is amended by
inserting after the first sentence the following: ``In
addition, in the event that a borrower chooses to obtain a
consolidation loan for the purposes of using the no accrual
of interest for active duty service members and their spouses
program offered under section 455(m), the Secretary shall
offer any such borrower who applies for it, a Federal Direct
Consolidation loan.''.
______

SA 2934. Mr. CORNYN proposed an amendment to amendment SA 2011
proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:

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

SEC. 1070. SENSE OF SENATE ON GENERAL DAVID PETRAEUS.

(a) Findings.--The Senate makes the following findings:
(1) The Senate unanimously confirmed General David H.
Petraeus as Commanding General, Multi-National Force-Iraq, by
a vote of 81-0 on January 26, 2007.
(2) General Petraeus graduated first in his class at the
United States Army Command and General Staff College.
(3) General Petraeus earned Masters of Public
Administration and Doctoral degrees in international
relations from Princeton University.
(4) General Petraeus has served multiple combat tours in
Iraq, including command of the 101st Airborne Division (Air
Assault) during combat operations throughout the first year
of Operation Iraqi Freedom, which tours included both major
combat operations and subsequent stability and support
operations.
(5) General Petraeus supervised the development and
crafting of the United States Army and Marine Corps
counterinsurgency manual based in large measure on his combat
experience in Iraq, scholarly study, and other professional
experiences.
(6) General Petraeus has taken a solemn oath to protect and
defend the Constitution of the United States of America.
(7) During his 35-year career, General Petraeus has amassed
a distinguished and unvarnished record of military service to
the United States as recognized by his receipt of a Defense
Distinguished Service Medal, two Distinguished Service
Medals, two Defense Superior Service Medals, four Legions of
Merit, the Bronze Star Medal for valor, the State Department
Superior Honor Award, the NATO Meritorious Service Medal, and
other awards and medals.
(8) A recent attack through a full-page advertisement in
the New York Times by the liberal activist group, Moveon.org,
impugns the honor and integrity of General Petraeus and all
the members of the United States Armed Forces.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to reaffirm its support for all the men and women of
the United States Armed Forces, including General David H.
Petraeus, Commanding General, Multi-National Force-Iraq;
(2) to strongly condemn any effort to attack the honor and
integrity of General Petraeus and all the members of the
United States Armed Forces; and
(3) to specifically repudiate the unwarranted personal
attack on General Petraeus by the liberal activist group
Moveon.org.
______

SA 2935. Mr. CHAMBLISS (for himself, Mr. Pryor, and 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 title XXVIII, add the following:

SEC. 2864. REPORT ON HOUSING PRIVATIZATION INITIATIVES.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on housing privatization projects initiated by the
Department of Defense that are behind schedule or have
defaulted.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A list of current housing privatization projects
initiated by the Department of Defense that are behind
schedule or in default.
(2) In each case in which a project is behind schedule or
in default, a description of --
(A) the reasons for schedule delays, cost overruns, or
default;
(B) how bid solicitations and competitions were conducted
for the project;
(C) how financing, partnerships, legal arrangements,
leases, or contracts in relation to the project were
structured;
(D) which entities, including Federal entities, that are
bearing financial risk for the project, and to what extent;
(E) the remedies available to the Federal Government to
restore the project to schedule or ensure completion of the
housing units in question at the earliest possible time;
(F) the extent to which the Federal Government has the
ability to effect the performance of various parties involved
in the project;
(G) remedies available to subcontractors to recoup liens in
the case of default, non-payment by the developer or other
party to the project or lease agreement, or re-structuring;
(H) remedies available to the Federal Government to affect
receivership actions or transfer of ownership of the project;
and
(I) names of the developers for the project and any history
of previous defaults or bankruptcies by these developers or
their affiliates.
(3) In each case in which a project is behind schedule or
in default, recommendations regarding--
(A) what actions the Federal Government can take, to
include project termination and restart, to ensure the
project is completed according to the original schedule and
budget;
(B) the leverage the Federal Government has to improve the
performance of various parties to the project or lease
agreement; and
(C) how the Federal Government can interject competition
into the project to stimulate improved performance.
______

SA 2936. Mr. CHAMBLISS (for himself, Mr. Isakson) submitted an
amendment intended to be proposed to

[[Page S11771]]

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. DESIGNATION OF CHARLIE NORWOOD DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER.

(a) Findings.--Congress makes the following findings:
(1) Charlie Norwood volunteered for service in the United
States Army Dental Corps in a time of war, providing dental
and medical services in the Republic of Vietnam in 1968,
earning the Combat Medical Badge and two awards of the Bronze
Star.
(2) Captain Norwood, under combat conditions, helped
develop the Dental Corps operating procedures, that are now
standard, of delivering dentists to forward-fire bases, and
providing dental treatment for military service dogs.
(3) Captain Norwood provided dental, emergency medical, and
surgical care for United States personnel, Vietnamese
civilians, and prisoners-of-war.
(4) Dr. Norwood provided military dental care at Fort
Gordon, Georgia, following his service in Vietnam, then
provided private-practice dental care for the next 25 years
for patients in the greater Augusta, Georgia, area, including
care for military personnel, retirees, and dependents under
Department of Defense programs and for low-income patients
under Georgia Medicaid.
(5) Congressman Norwood, upon being sworn into the United
States House of Representatives in 1995, pursued the
advancement of health and dental care for active duty and
retired military personnel and dependents, and for veterans,
through his public advocacy for strengthened Federal support
for military and veterans' health care programs and
facilities.
(6) Congressman Norwood co-authored and helped pass into
law the Keep our Promises to America's Military Retirees Act,
which restored lifetime healthcare benefits to veterans who
are military retirees through the creation of the Department
of Defense TRICARE for Life Program.
(7) Congressman Norwood supported and helped pass into law
the Retired Pay Restoration Act providing relief from the
concurrent receipt rule penalizing disabled veterans who were
also military retirees.
(8) Throughout his congressional service from 1995 to 2007,
Congressman Norwood repeatedly defeated attempts to reduce
Federal support for the Department of Veterans Affairs
Medical Center in Augusta, Georgia, and succeeded in
maintaining and increasing Federal funding for the center.
(9) Congressman Norwood maintained a life membership in the
American Legion, the Veterans of Foreign Wars, and the
Military Order of the World Wars.
(10) Congressman Norwood's role in protecting and improving
military and veteran's health care was recognized by the
Association of the United States Army through the
presentation of the Cocklin Award in 1998, and through his
induction into the Association's Audie Murphy Society in
1999.
(b) Designation.--
(1) In general.--The Department of Veterans Affairs Medical
Center located at 1 Freedom Way in Augusta, Georgia, shall
after the date of the enactment of this Act be known and
designated as the ``Charlie Norwood Department of Veterans
Affairs Medical Center''.
(2) References.--Any reference in any law, regulation, map,
document, record, or other paper of the United States to the
medical center referred to in paragraph (1) shall be
considered to be a reference to the Charlie Norwood
Department of Veterans Affairs Medical Center.
______

SA 2937. Mr. DOMENICI (for himself, Mr. Bingaman) 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 II, add the following:

SEC. 256. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUCTION
FOR HIGH ENERGY LASER SYSTEMS TEST FACILITY.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing a cost-benefit analysis of the proposed reduction
in Army research, development, test, and evaluation funding
for the High Energy Laser Systems Test Facility.
(b) Evaluation of Impact on Other Military Departments.--
The report required under subsection (a) shall include an
evaluation of the impact of the proposed reduction in funding
on each Department of Defense organization or activity that
utilizes the High Energy Laser Systems Test Facility.
(c) Actions to Significantly Diminish the Ability of
Facility to Function as Major Range and Test Base Facility.--
Prior to the delivery of the report required by subsection
(a) to the congressional defense committees, the Secretary of
the Army may not take any action that significantly
diminishes the capabilities of the High Energy Laser Systems
Test Facility until after a proposal detailing the action is
reviewed by the Director of the Test Resource Management
Center to determine risk and impact to the Department of
Defense, alternatives considered, rationale, and
implementation plans.
______

SA 2938. Mr. SMITH (for himself and Mr. Wyden) 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 III, add the following:

SEC. 358. SENSE OF THE SENATE ON TOWBARLESS CAPTURE VEHICLES.

(a) Findings.--The Senate makes the following findings:
(1) The Air Force is currently evaluating the use of
towbarless aircraft ground support equipment, including
revision of regulations to allow for the use of towbarless
vehicles on jet and cargo aircraft.
(2) The use of aircraft ground support equipment has the
potential to allow for safer and labor reducing towing of jet
and cargo aircraft.
(b) Sense of the Senate.--It is the sense of the Senate
that the Secretary of the Air Force should modify regulations
as appropriate to allow for the use of towbarless aircraft
ground support equipment, which promotes safety and reduces
labor.
______

SA 2939. Mrs. McCaskill 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 C of title VIII, add the following:

SEC. 847. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR
SERVICES.

(a) Guidance and Instructions.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation
instructions, for the Department of Defense to provide for
periodic independent management reviews of contracts for
services. The independent management review procedures issued
pursuant to this section shall be designed to evaluate, at a
minimum--
(1) contract performance in terms of cost, schedule, and
requirements;
(2) the use of contracting mechanisms, including the use of
competition, the contract structure and type, the definition
of contract requirements, cost or pricing methods, the award
and negotiation of task orders, and management and oversight
mechanisms;
(3) the contractor's use, management, and oversight of
subcontractors; and
(4) the staffing of contract management and oversight
functions.
(b) Elements.--The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum--
(1) the contracts subject to independent management
reviews, including any applicable thresholds and exceptions;
(2) the frequency with which independent management reviews
shall be conducted;
(3) the composition of teams designated to perform
independent management reviews;
(4) any phase-in requirements needed to ensure that
qualified staff are available to perform independent
management reviews;
(5) procedures for tracking the implementation of
recommendations made by independent management review teams;
and
(6) procedures for developing and disseminating lessons
learned from independent management reviews.
(c) Reports.--
(1) Report on guidance and instruction.--Not later than 150
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the guidance and
instructions issued pursuant to subsection (a).
(2) GAO report on implementation.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the
implementation of the guidance and instructions issued
pursuant to subsection (a).

[[Page S11772]]

______

SA 2940. Mrs. McCaskill 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 C of title VIII, add the following:

SEC. 847. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS
APPLICABLE TO UNDEFINITIZED CONTRACTUAL
ACTIONS.

(a) Guidance and Instructions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation
instructions, for the Department of Defense to ensure the
implementation and enforcement of requirements applicable to
undefinitized contractual actions.
(b) Elements.--The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum--
(1) the circumstances in which it is, and is not,
appropriate for Department of Defense officials to use
undefinitized contractual actions;
(2) approval requirements (including thresholds) for the
use of undefinitized contractual actions;
(3) procedures for ensuring that schedules for the
definitization of undefinitized contractual actions are not
exceeded;
(4) procedures for ensuring compliance with limitations on
the obligation of funds pursuant to undefinitized contractual
actions (including, where feasible, the obligation of less
than the maximum allowed at time of award);
(5) procedures (including appropriate documentation
requirements) for ensuring that reduced risk is taken into
account in negotiating profit or fee with respect to costs
incurred before the definitization of an undefinitized
contractual action; and
(6) reporting requirements for undefinitized contractual
actions that fail to meet required schedules or limitations
on the obligation of funds.
(c) Reports.--
(1) Report on guidance and instructions.--Not later than
150 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the guidance and
instructions issued pursuant to subsection (a).
(2) GAO report.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report on the extent to which the guidance and
instructions issued pursuant to subsection (a) have resulted
in improvements to--
(A) the level of insight that senior Department of Defense
officials have into the use of undefinitized contractual
actions;
(B) the appropriate use of undefinitized contractual
actions;
(C) the timely definitization of undefinitized contractual
actions; and
(D) the negotiation of appropriate profits and fees for
undefinitized contractual actions.
______

SA 2941. Mr. REED (for himself and Mrs. Dole) 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 D of title XIV, add the following:

SEC. 1434. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE
AND LOCAL GOVERNMENTS AFTER COMPLETION OF THE
DESTRUCTION OF THE UNITED STATES CHEMICAL
WEAPONS STOCKPILE.

Subparagraph (B) of section 1412(c)(5) of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is
amended to read as follows:
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an
installation or facility as described in subparagraph (A)
until the earlier of the following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation or
facility for purposes of this paragraph between the Federal
Emergency Management Agency and the State and local
governments concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.''.
______

SA 2942. Mr. SALAZAR 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 D of title X, add the following:

SEC. 1044. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION
PLAN REGARDING CHEYENNE MOUNTAIN AIR STATION,
COLORADO.

(a) Report on Relocation of North American Aerospace
Defense Command Center.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the relocation of the North
American Aerospace Defense command center and related
functions from Cheyenne Mountain Air Station, Colorado, to
Peterson Air Force Base, Colorado.
(2) Content.--The report required under paragraph (1) shall
include--
(A) an analysis comparing the total costs associated with
the relocation, including costs determined as part of ongoing
security-related studies of the relocation, to anticipated
operational benefits from the relocation;
(B) an analysis of what additional missions could be
performed at the Cheyenne Mountain Air Station, including
anticipated operational benefits or cost savings of moving
additional functions to the Cheyenne Mountain Air Station;
and
(C) a detailed explanation of those backup functions that
will remain located at Cheyenne Mountain Air Station, and how
those functions planned to be transferred out of Cheyenne
Mountain Air Station, including the Space Operations Center,
will maintain operational connectivity with their related
commands and relevant communications centers.
(b) Master Infrastructure Recapitalization Plan.--
(1) In general.--Not later than March 16, 2008, the
Secretary of the Air Force shall submit to Congress a master
infrastructure recapitalization plan for Cheyenne Mountain
Air Station.
(2) Content.--The plan required under paragraph (1) shall
include--
(A) A description of the projects that are needed to
improve the infrastructure required for supporting current
and projected missions associated with Cheyenne Mountain Air
Station; and
(B) a funding plan explaining the expected timetable for
the Air Force to support such projects.
______

SA 2943. Mr. BINGAMAN 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 D of title X, add the following:

SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE
NUCLEAR MISSIONS OF THE NAVY AND THE DEPARTMENT
OF ENERGY.

(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall each submit to Congress a report on
the requirements for a workforce to support the nuclear
missions of the Navy and the Department of Energy during the
10-year period beginning on the date of the report.
(b) Elements.--The report shall address anticipated changes
to the nuclear missions of the Navy and the Department of
Energy during the 10-year period beginning on the date of the
report, anticipated workforce attrition, and retirement, and
recruiting trends during that period and knowledge retention
programs within the Department of Defense, the Department of
Energy, the national laboratories, and federally funded
research facilities.
______

SA 2944. Mrs. CLINTON (for herself, Mr. Kerry, Mr. Lautenberg, Mr.
Brown, and Mr. Byrd) submitted an amendment intended to be proposed by
her to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1535. REPORT ON CONTINGENCY PLANNING FOR THE
REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ.

(a) Findings.--Congress makes the following findings:

[[Page S11773]]

(1) The United States Government should be well prepared
for the eventual redeployment of United States forces from
Iraq.
(2) The redeployment of United States forces from Iraq will
take careful planning in order to ensure the safety and
security of members of the Armed Forces.
(3) The United States Government should take into account
various contingencies that might impact the redeployment of
United States forces from Iraq.
(4) Congressional oversight plays a valuable role in
ensuring the national security of the United States and the
safety and security of the men and women of the Armed Forces.
(b) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in coordination with the Secretary of State and the Joint
Chiefs of Staff, submit to Congress a report on contingency
planning for the redeployment of United States forces from
Iraq.
(c) Elements.--
(1) In general.--The report required by subsection (b)
shall include the following:
(A) A detailed description of the process by which
contingency planning by the United States Government for the
redeployment of United States forces from Iraq is occurring.
(B) A detailed description and assessment of the various
contingencies for the redeployment of United States forces
from Iraq that are being considered for planning purposes.
(C) A detailed description and assessment of the possible
impact of each contingency described in subparagraph (B) on
United States forces in Iraq.
(D) A detailed description of the resources and
capabilities required to redeploy United States forces from
Iraq under each of the contingencies described in
subparagraph (B).
(E) A detailed description of the diplomatic efforts that
will be required in support of each contingency described in
subparagraph (B).
(F) A detailed description of the information operations
and public affairs efforts that will be required in support
of each contingency described in subparagraph (B).
(G) A detailed description of the evolving mission profile
of United States forces under each contingency described in
subparagraph (B).
(H) A cost estimate for each contingency described in
subparagraph (B), including a cost estimate for the
replacement of United States military equipment left in Iraq
after redeployment.
(I) A detailed description of the results of any modeling
and simulation efforts by the departments and agencies of the
United States Government on each contingency described in
subparagraph (B).
(2) Certain scenarios.--The report shall include
contingency planning for each of the scenarios as follows:
(A) The commencement of the reduction of the number of
United States forces in Iraq not later than 120 days after
the date of the enactment of this Act.
(B) The transition of the United States military mission in
Iraq to--
(i) training Iraqi security forces;
(ii) conducting targeted counter-terrorism operations; and
(iii) protecting United States facilities and personnel.
(C) The completion of the transition of United States
forces to a limited presence and missions in Iraq as
described in subparagraph (B) not later than April 30, 2008.
(d) Form.--The report required by subsection (b) shall be
submitted in classified form, but shall include an
unclassified summary.

____________________