To require the Secretary of the Navy to make reasonable efforts to notify certain former residents and civilian employees at Camp Lejeune, North Carolina, of their potential exposure to certain drinking water contaminants.

TEXT OF AMENDMENTS

SA 2945. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 827. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID
CONTRACTS AND NONCOMPETITIVE GRANTS.

(a) Prohibition.--
(1) Contracts.--
(A) In general.--Except as provided pursuant to paragraph
(4) and notwithstanding any other provision of this Act, all
contracts awarded by the Department of Defense through
congressional initiatives shall be awarded using competitive
procedures in accordance with the requirements of section
2304 of title 10, United States Code, and the Federal
Acquisition Regulation.
(B) Bid requirement.--Except as provided in paragraph (3)
and pursuant to paragraph (4), no contract may be awarded by
the Department of Defense through a congressional initiative
unless more than one bid is received for such contract. If
the primary recipient of funding for a congressional
initiative is the Department of Defense, the Department must
administer a competitive bidding process for the work to be
completed. If the primary recipient of funding from a
Department of Defense contract awarded through a
congressional initiative is a private entity, the Department
must allow multiple private entities to compete for the work
to be completed.
(2) Grants.--Notwithstanding any other provision of this
Act, no funds may be awarded by the Department of Defense by
grant or cooperative agreement through a congressional
initiative unless the process used to award such grant or
cooperative agreement uses competitive procedures to select
the grantee or award recipient. Except as provided in
paragraph (3), no such grant may be awarded unless
applications for such grant or cooperative agreement are
received from two or more applicants that are not from the
same organization and do not share any financial, fiduciary,
or other organizational relationship.
(3) Waiver authority.--
(A) In general.--If the Secretary of Defense does not
receive more than one bid for a contract under paragraph
(1)(B) or does not receive more than one application from
unaffiliated applicants for a grant or cooperative agreement
under paragraph (2), the Secretary may waive such bid or
application requirement if the Secretary determines that the
contract, grant, or cooperative agreement is essential to the
mission of the Department of Defense.
(B) Congressional notification.--If the Secretary of
Defense waives a bid requirement under subparagraph (A), the
Secretary must, not later than 10 days after exercising such
waiver, notify Congress, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives of the waiver.
(4) Exception to requirement for competition in grants and
contracts to colleges and universities.--Section 2361(b)(1)
of title 10, United States Code, is amended by striking
``unless that provision of law'' and all that follows and
inserting ``unless--
``(A) such provision of law--
``(i) specifically refers to this section;
``(ii) specifically states that such provision of law
modifies or supersedes the provisions of this section; and
``(iii) specifically identifies the particular college or
university involved and states that the grant to be made or
the contract to be awarded, as the case may be, pursuant to
such provision of law is being made or awarded in
contravention of subsection (a); and
``(B) the research and development concerned--
``(i) fulfills an urgent requirement for deployed United
States forces; and
``(ii) involves unique and exceptional technology or
concepts (which the Secretary shall describe in the notice
under paragraph (2)) that makes competition for the award of
a grant or contract inadvisable.''.
(5) Contracting authority.--The Secretary of Defense may,
as appropriate, utilize existing contracts to carry out
congressional initiatives.
(b) Annual Report.--
(1) In general.--Not later than December 31, 2008, and
December 31 of each year thereafter, the Secretary of Defense
shall submit to Congress a report on congressional
initiatives for which amounts were appropriated or otherwise
made available for the fiscal year ending during such year.
(2) Content.--Each report submitted under paragraph (1)
shall include with respect to each contract and grant awarded
through a congressional initiative--
(A) the name of the recipient of the funds awarded through
such contract or grant;
(B) the reason or reasons such recipient was selected for
such contract or grant; and
(C) the number of entities that competed for such contract
or grant.
(3) Publication.--Each report submitted under paragraph (1)
shall be made publicly available through the Internet website
of the Department of Defense.
(c) Congressional Initiative Defined.--In this section, the
term ``congressional initiative'' means a provision of law or
a directive contained within a committee report or joint
statement of managers of an appropriations Act that
specifies--
(1) the identity of a person or entity selected to carry
out a project, including a defense system, for which funds
are appropriated or otherwise made available by that
provision of law or directive and that was not requested by
the President in a budget submitted to Congress;
(2) the specific location at which the work for a project
is to be done; and
(3) the amount of the funds appropriated or otherwise made
available for such project.
(d) Applicability.--This section shall apply with respect
to funds appropriated or otherwise made available for fiscal
years beginning after September 30, 2007, and to
congressional initiatives initiated after the date of the
enactment of this Act.
______

SA 2946. Mr. BAUCUS (for himself and Mr. Hatch) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 1422. SCHOLARSHIPS FOR POST-SECONDARY EDUCATION FOR
SPOUSES AND DEPENDENTS OF MEMBERS OF THE ARMED
FORCES.

There is hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 such sums as may
be appropriate for a grant to a private charitable
organization or other appropriate private organization for
the provision of scholarships for post-secondary education to
spouses and other dependents of members of the Armed Forces,
including members of the National Guard and the Reserves, for
purposes of enhancing recruitment and retention of members of
the Armed Forces.
______

SA 2947. Mrs. BOXER (for herself, Mr. Levin, and Mr. Durbin)
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:

[[Page S11865]]

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

SEC._--SENSE OF SENATE.

(a) Findings.--The Senate makes the following findings:
(1) The men and women of the United States Armed Forces and
our veterans deserve to be supported, honored, and defended
when their patriotism is attacked;
(2) In 2002, a Senator from Georgia who is a Vietnam
veteran, triple amputee, and the recipient of a Silver Star
and Bronze Star, had his courage and patriotism attacked in
an advertisement in which he was visually linked to Osama bin
Laden and Saddam Hussein;
(3) This attack was aptly described by a Senator and
Vietnam veteran as ``reprehensible'';
(4) In 2004, a Senator from Massachusetts who is a Vietnam
veteran and the recipient of a Silver Star, Bronze Star with
Combat V, and three Purple Hearts, was personally attacked
and accused of dishonoring his country;
(5) This attack was aptly described by a Senator and
Vietnam veteran as ``dishonest and dishonorable.''
(6) On September 10, 2007, an advertisement in the New York
Times was an unwarranted personal attack on General Petraeus;
who is honorably leading our Armed Forces in Iraq and
carrying out the mission assigned to him by the President of
the United States; and
(7) Such personal attacks on those with distinguished
military service to our nation have become all too frequent.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to reaffirm its strong support for all of the men and
women of the United States Armed Forces; and
(2) to strongly condemn all attacks on the honor,
integrity, and patriotism of any individual who is serving or
has served honorably in the United States Armed Forces, by
any person or organization.
______

SA 2948. Mr. KYL (for himself, Mr. Lieberman, Mr. Coleman, 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; which was ordered to lie on the table; as follows:

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

SEC. 1535. SENSE OF SENATE ON IRAN.

(a) Findings.--The Senate makes the following findings:
(1) General David Petraeus, commander of the Multi-National
Force Iraq, stated in testimony before a joint session of the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives on September 10,
2007, that ``[i]t is increasingly apparent to both coalition
and Iraqi leaders that Iran, through the use of the Iranian
Republican Guard Corps Qods Force, seeks to turn the Shi'a
militia extremists into a Hezbollah-like force to serve its
interests and fight a proxy war against the Iraqi state and
coalition forces in Iraq''.
(2) Ambassador Ryan Crocker, United States Ambassador to
Iraq, stated in testimony before a joint session of the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives on September 10,
2007, that ``Iran plays a harmful role in Iraq. While
claiming to support Iraq in its transition, Iran has actively
undermined it by providing lethal capabilities to the enemies
of the Iraqi state''.
(3) The most recent National Intelligence Estimate on Iraq,
published in August 2007, states that ``Iran has been
intensifying aspects of its lethal support for select groups
of Iraqi Shia militants, particularly the JAM [Jaysh al-
Mahdi], since at least the beginning of 2006. Explosively
formed penetrator (EFP) attacks have risen dramatically''.
(4) The Report of the Independent Commission on the
Security Forces of Iraq, released on September 6, 2007,
states that ``[t]he Commission concludes that the evidence of
Iran's increasing activism in the southeastern part of the
country, including Basra and Diyala provinces, is compelling
. . . It is an accepted fact that most of the sophisticated
weapons being used to `defeat' our armor protection comes
across the border from Iran with relative impunity''.
(5) General (Ret.) James Jones, chairman of the Independent
Commission on the Security Forces of Iraq, stated in
testimony before the Committee on Armed Services of the
Senate on September 6, 2007, that ``[w]e judge that the
goings-on across the Iranian border in particular are of
extreme severity and have the potential of at least delaying
our efforts inside the country. Many of the arms and weapons
that kill and maim our soldiers are coming from across the
Iranian border''.
(6) General Petraeus said of Iranian support for extremist
activity in Iraq on April 26, 2007, that ``[w]e know that it
goes as high as [Brig. Gen. Qassem] Suleimani, who is the
head of the Qods Force . . . We believe that he works
directly for the supreme leader of the country''.
(7) Mahmoud Ahmedinejad, the president of Iran, stated on
August 28, 2007, with respect to the United States presence
in Iraq, that ``[t]he political power of the occupiers is
collapsing rapidly. Soon we will see a huge power vacuum in
the region. Of course we are prepared to fill the gap''.
(8) Ambassador Crocker testified to Congress, with respect
to President Ahmedinejad's statement, on September 11, 2007,
that ``[t]he Iranian involvement in Iraq--its support for
extremist militias, training, connections to Lebanese
Hezbollah, provision of munitions that are used against our
force as well as the Iraqis--are all, in my view, a pretty
clear demonstration that Ahmedinejad means what he says, and
is already trying to implement it to the best of his
ability''.
(9) General Petraeus stated on September 12, 2007, with
respect to evidence of the complicity of Iran in the murder
of members of the Armed Forces of the United States in Iraq,
that ``[t]e evidence is very, very clear. We captured it when
we captured Qais Khazali, the Lebanese Hezbollah deputy
commander, and others, and it's in black and white . . . We
interrogated these individuals. We have on tape . . . Qais
Khazali himself. When asked, could you have done what you
have done without Iranian support, he literally throws up his
hands and laughs and says, of course not . . . So they told
us about the amounts of money that they have received. They
told us about the training that they received. They told us
about the ammunition and sophisticated weaponry and all of
that that they received''.
(10) General Petraeus further stated on September 14, 2007,
that ``[w]hat we have got is evidence. This is not
intelligence. This is evidence, off computers that we
captured, documents and so forth . . . In one case, a 22-page
document that lays out the planning, reconnaissance,
rehearsal, conduct, and aftermath of the operation conducted
that resulted in the death of five of our soldiers in Karbala
back in January''.
(11) The Department of Defense report to Congress entitled
``Measuring Stability and Security in Iraq'' and released on
September 18, 2007, consistent with section 9010 of Public
Law 109-289, states that ``[t]here has been no decrease in
Iranian training and funding of illegal Shi'a militias in
Iraq that attack Iraqi and Coalition forces and civilians . .
. Tehran's support for these groups is one of the greatest
impediments to progress on reconciliation''.
(12) The Department of Defense report further states, with
respect to Iranian support for Shi'a extremist groups in
Iraq, that ``[m]ost of the explosives and ammunition used by
these groups are provided by the Iranian Islamic
Revolutionary Guard Corps-Qods Force . . . For the period of
June through the end of August, [explosively formed
penetrator] events are projected to rise by 39 percent over
the period of March through May''.
(13) Since May 2007, Ambassador Crocker has held three
rounds of talks in Baghdad on Iraq security with
representatives of the Government of the Islamic Republic of
Iran.
(14) Ambassador Crocker testified before Congress on
September 10, 2007, with respect to these talks, stating that
``I laid out the concerns we had over Iranian activity that
was damaging to Iraq's security, but found no readiness on
Iranians' side at all to engage seriously on these issues.
The impression I came with after a couple rounds is that the
Iranians were interested simply in the appearance of
discussions, of being seen to be at the table with the U.S.
as an arbiter of Iraq's present and future, rather than
actually doing serious business . . . Right now, I haven't
seen any sign of earnest or seriousness on the Iranian
side''.
(15) Ambassador Crocker testified before Congress on
September 11, 2007, stating that ``[w]e have seen nothing on
the ground that would suggest that the Iranians are altering
what they're doing in support of extremist elements that are
going after our forces as well as the Iraqis''.
(b) Sense of Senate.--It is the sense of the Senate--
(1) that the manner in which the United States transitions
and structures its military presence in Iraq will have
critical long-term consequences for the future of the Persian
Gulf and the Middle East, in particular with regard to the
capability of the Government of the Islamic Republic of Iran
to pose a threat to the security of the region, the prospects
for democracy for the people of the region, and the health of
the global economy;
(2) that it is a vital national interest of the United
States to prevent the Government of the Islamic Republic of
Iran from turning Shi'a militia extremists in Iraq into a
Hezbollah-like force that could serve its interests inside
Iraq, including by overwhelming, subverting, or co-opting
institutions of the legitimate Government of Iraq;
(3) that it should be the policy of the United States to
combat, contain, and roll back the violent activities and
destabilizing influence inside Iraq of the Government of the
Islamic Republic of Iran, its foreign facilitators such as
Lebanese Hezbollah, and its indigenous Iraqi proxies;
(4) to support the prudent and calibrated use of all
instruments of United States national power in Iraq,
including diplomatic, economic, intelligence, and military
instruments, in support of the policy described in

[[Page S11866]]

paragraph (3) with respect to the Government of the Islamic
Republic of Iran and its proxies;
(5) that the United States should designate the Islamic
Revolutionary Guards Corps as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act and place the Islamic Revolutionary Guards
Corps on the list of Specially Designated Global Terrorists,
as established under the International Emergency Economic
Powers Act and initiated under Executive Order 13224; and
(6) that the Department of the Treasury should act with all
possible expediency to complete the listing of those entities
targeted under United Nations Security Council Resolutions
1737 and 1747 adopted unanimously on December 23, 2006 and
March 24, 2007, respectively.
______

SA 2949. Mr. THUNE 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. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND
ACCOUNTING SERVICE RESPONSE TO BUTTERBAUGH V.
DEPARTMENT OF JUSTICE.

(a) In General.--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 congressional defense
committees a report setting forth an assessment by the
Comptroller General of the response of the Defense Finance
and Accounting Service to the decision in Butterbaugh v.
Department of Justice (336 F.3d 1332 (2003)).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of members of the reserve
components of the Armed Forces, both past and present, who
are entitled to compensation under the decision in
Butterbaugh v. Department of Justice.
(2) An assessment of the current policies, procedures, and
timeliness of the Defense Finance and Accounting Service in
implementing and resolving claims under the decision in
Butterbaugh v. Department of Justice.
(3) An assessment whether or not the decisions made by the
Defense Finance and Accounting Service in implementing the
decision in Butterbaugh v. Department of Justice follow a
consistent pattern of resolution.
(4) An assessment of whether or not the decisions made by
the Defense Finance and Accounting Service in implementing
the decision in Butterbaugh v. Department of Justice are
resolving claims by providing more compensation than an
individual has been able to prove, under the rule of
construction that laws providing benefits to veterans are
liberally construed in favor of the veteran.
(5) An estimate of the total amount of compensation payable
to members of the reserve components of the Armed Forces,
both past and present, as a result of the recent decision in
Hernandez v. Department of the Air Force (No. 2006-3375, slip
op.) that leave can be reimbursed for Reserve service before
1994, when Congress enacted chapter 43 of title 38, United
States Code (commonly referred to as the ``Uniformed Services
Employment and Reemployment Rights Act'').
(6) A comparative assessment of the handling of claims by
the Defense Finance and Accounting Service under the decision
in Butterbaugh v. Department of Justice with the handling of
claims by other Federal agencies (selected by the Comptroller
General for purposes of the comparative assessment) under
that decision.
(7) An estimate of the total amount of attorney fees for
which the Federal Government has been determined liable under
the decision in Butterbaugh v. Department of Justice, and an
estimate of the total amount of attorney fees for which the
Federal Government may be liable in the future due to claims
made under that decision and under the decision in Hernandez
v. Department of the Air Force.
(8) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been
adjudicated by the Defense Finance and Accounting Service.
(9) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been denied by
the Defense Finance and Accounting Service.
(10) A comparative assessment of the average amount of time
required for the Defense Finance and Accounting Service to
resolve a claim under the decision in Butterbaugh v.
Department of Justice with the average amount of time
required by other Federal agencies (as so selected) to
resolve a claim under that decision.
(11) A comparative statement of the backlog of claims with
the Defense Finance and Accounting Service under the decision
in Butterbaugh v. Department of Justice with the backlog of
claims of other Federal agencies (as so selected) under that
decision.
(12) An estimate of the amount of time required for the
Defense Finance and Accounting Service to resolve all
outstanding claims under the decision in Butterbaugh v.
Department of Justice.
(13) An assessment of the reasonableness of the requirement
of the Defense Finance and Accounting Service for the
submittal by members of the reserve components of the Armed
Forces of supporting documentation for claims under the
decision in Butterbaugh v. Department of Justice.
(14) A comparative assessment of the requirement of the
Defense Finance and Accounting Service for the submittal by
members of the reserve components of the Armed Forces of
supporting documentation for claims under the decision in
Butterbaugh v. Department of Justice with the requirement of
other Federal agencies (as so selected) for the submittal by
such members of supporting documentation for such claims.
(15) Such recommendations for legislative action as the
Comptroller General considers appropriate in light of the
decision in Butterbaugh v. Department of Justice and the
decision in Hernandez v. Department of the Air Force.
______

SA 2950. 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.--In conjunction with the development of
the pilot program utilizing an electronic clearinghouse for
support of the disability evaluation system of the Department
of Defense authorized under this Act, the Secretary of
Defense shall conduct a study on the feasibility of including
in the required pilot program the following additional
elements:
(1) A means to allow 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 means to ensure that 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.
(3) A means to ensure each recovering service member is
able to know when his or her 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.
(4) Any other information needed to conduct oversight of
care of the member through out the medical holdover process.
(5) Information that will allow the Secretaries of the
military departments and the Under Secretary of Defense for
Personnel and Readiness to monitor trends and problems.
(b) Report.--Not later than 90 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 2951. 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 title X, add the following:

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

(a) Notification of Individuals Served by Tarawa Terrace
Water Distribution System, Including Knox Trailer Park.--Not
later than one year after the date of the enactment of this
Act, the Secretary of the Navy shall make reasonable efforts
to identify and notify directly individuals who were served
by the Tarawa Terrace Water Distribution System, including
Knox Trailer Park, at Camp Lejeune, North Carolina, during
the years 1958 through 1987 that they may have been exposed
to drinking water contaminated with tetrachloroethylene
(PCE).

[[Page S11867]]

(b) Notification of Individuals Served by Hadnot Point
Water Distribution System.--Not later than one year after the
Agency for Toxic Substances and Disease Registry (ATSDR)
completes its water modeling study of the Hadnot Point water
distribution system, the Secretary of the Navy shall make
reasonable efforts to identify and notify directly
individuals who were served by the system during the period
identified in the study of the drinking water contamination
to which they may have been exposed.
(c) Notification of Former Civilian Employees at Camp
Lejeune.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall make
reasonable efforts to identify and notify directly civilian
employees who worked at Camp Lejeune during the period
identified in the ATSDR drinking water study of the drinking
water contamination to which they may have been exposed.
(d) Circulation of Health Survey.--
(1) Finding.--Congress makes the following findings:
(A) Notification and survey efforts related to the drinking
water contamination described in this section are necessary
due to the potential negative health impacts of these
contaminants.
(B) The Secretary of the Navy will not be able to identify
or contact all former residents due to the condition, non-
existence, or accessibility of records.
(C) It is the intent of Congress is that the Secretary of
the Navy contact as many former residents as quickly as
possible.
(2) ATSDR health survey.--
(A) Development.--Not later than 120 days after the date of
the enactment of this Act, the ATSDR, in consultation with
the National Opinion Research Center, shall develop a health
survey that would voluntarily request of individuals
described in subsections (a), (b), and (c) personal health
information that may lead to scientifically useful health
information associated with exposure to TCE, PCE, vinyl
chloride, and the other contaminants identified in the ATSDR
studies that may provide a basis for further reliable
scientific studies of potentially adverse health impacts of
exposure to contaminated water at Camp Lejeune.
(B) Inclusion with notification.--The survey developed
under subparagraph (A) shall be distributed by the Secretary
of the Navy concurrently with the direct notification
required under subsections (a), (b), and (c).
(e) Use of Media to Supplement Notification.--The Secretary
of the Navy may use media notification as a supplement to
direct notification of individuals described under
subsections (a), (b), and (c). Media notification may reach
those individuals not identifiable via remaining records;
once individuals respond to media notifications, the
Secretary will add them to the contact list to be included in
future information updates.
______

SA 2952. 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:

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

SEC. 827. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE
PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES.

(a) Authority To Procure.--The Secretary of Defense may
procure fire resistant rayon fiber for the production of
uniforms that is manufactured in a foreign country referred
to in subsection (d) if the Secretary determines either of
the following:
(1) That fire resistant rayon fiber for the production of
uniforms is not available from sources within the national
technology and industrial base.
(2) That--
(A) procuring fire resistant rayon fiber manufactured from
suppliers within the national technology and industrial base
would result in sole-source contracts or subcontracts for the
supply of fire resistant rayon fiber; and
(B) such sole-source contracts or subcontracts would not be
in the best interests of the Government or consistent with
the objectives of section 2304 of title 10, United States
Code.
(b) Submission to Congress.--Not later than 30 days after
making a determination under subsection (a), the Secretary
shall submit to Congress a copy of the determination.
(c) Applicability to Subcontracts.--The authority under
subsection (a) applies with respect to subcontracts under
Department of Defense contracts as well as to such contracts.
(d) Foreign Countries Covered.--The authority under
subsection (a) applies with respect to a foreign country
that--
(1) is a party to a defense memorandum of understanding
entered into under section 2531 of this title; and
(2) does not discriminate against defense items produced in
the United States to a greater degree than the United States
discriminates against defense items produced in that country.
(e) National Technology and Industrial Base Defined.--In
this section, the term ``national technology and industrial
base'' has the meaning given that term in section 2500 of
title 10, United States Code.
______

SA 2953. 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 E of title V, add the following:

SEC. 565. EMERGENCY FUNDING FOR LOCAL EDUCATIONAL AGENCIES
ENROLLING MILITARY DEPENDENT CHILDREN.

(a) Short Title.--This section may be cited as the ``Help
for Military Children Affected by War Act of 2007''.
(b) Grants Authorized.--The Secretary of Defense is
authorized to award grants to eligible local educational
agencies for the additional education, counseling, and other
needs of military dependent children who are affected by war
or dramatic military decisions.
(c) Definitions.--In this section:
(1) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency
that--
(A) has a number of military dependent children in average
daily attendance in the schools served by the local
educational agency during the current school year, determined
in consultation with the Secretary of Education, that--
(i) equaled or exceeded 20 percent of the number of all
children in average daily attendance in the schools served by
such agency during the current school year; or
(ii) is 1,000 or more,
whichever is less; and
(B) is designated by the Secretary of Defense as impacted
by--
(i) Operation Iraqi Freedom;
(ii) Operation Enduring Freedom;
(iii) the global rebasing plan of the Department of
Defense;
(iv) the realignment of forces as a result of the base
closure process;
(v) the official creation or activation of 1 or more new
military units; or
(vi) a change in the number of required housing units on a
military installation, due to the Military Housing
Privatization Initiative of the Department of Defense.
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) Military dependent child.--The term ``military
dependent child''--
(A) means a child described in subparagraph (B) or (D)(i)
of section 8003(a)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)(1)); and
(B) includes a child--
(i) who resided on Federal property with a parent on active
duty in the National Guard or Reserve; or
(ii) who had a parent on active duty in the National Guard
or Reserve but did not reside on Federal property.
(d) Use of Funds.--Grant funds provided under this section
shall be used for--
(1) tutoring, after-school, and dropout prevention
activities for military dependent children with a parent who
is or has been impacted by war-related action described in
clause (i), (ii), or (iii) of subsection (c)(1)(B);
(2) professional development of teachers, principals, and
counselors on the needs of military dependent children with a
parent who is or has been impacted by war-related action
described in clause (i), (ii), or (iii) of subsection
(c)(1)(B); and
(3) counseling and other comprehensive support services for
military dependent children with a parent who is or has been
impacted by war-related action described in clause (i), (ii),
or (iii) of subsection (c)(1)(B), including the subsidization
of a percentage of hiring of a military-school liaison.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Department of Defense $5,000,000 to carry out this
section for fiscal year 2008 and such sums as may be
necessary for each of the 3 succeeding fiscal years.
(2) Special rule.--Funds appropriated under paragraph (1)
are in addition to any funds made available to local
educational agencies under section 561 or 562 of this Act or
section 8003 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703).
______

SA 2954. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

[[Page S11868]]

SEC. 1070. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND
PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL,
MARNES-LA-COQUETTE, FRANCE.

Section 1065 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1233) is
amended--
(1) in subsection (a)(2), by striking ``$2,000,000'' and
inserting ``$2,500,000''; and
(2) in subsection (e), by striking ``under section
301(a)(4)''.
______

SA 2955. Mr. WARNER (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 1070. SENSE OF CONGRESS ON NAMING THE NEXT AIRCRAFT
CARRIER AS U.S.S. AMERICA.

(a) Findings.--Congress makes the following findings:
(1) In the history of the United States, three Navy vessels
have been named U.S.S. America.
(2) On November 9, 1776, the Continental Congress
authorized the construction of three 74-gun ships of the
line. One of the men-of-war, the first ship named America,
was laid down in May 1777 in the shipyard of John Langdon on
Rising Castle (now Badger) Island in the Piscataqua River
between Portsmouth, New Hampshire, and Kittery, Maine.
(3) On June 26, 1781, Congress selected then-Captain John
Paul Jones as the first commanding officer of the America.
However, Congress decided on September 4, 1782, to present
the ship to King Louis XVI of France to replace the French
ship of the line Magnifique which had run aground and been
destroyed on August 11, 1782, while attempting to enter
Boston harbor. The ship transfer symbolized the appreciation
of the United States for France's service to and sacrifices
on behalf of the cause of the American patriots.
(4) The second America was originally the German civilian
passenger transport Amerika, which was launched on April 20,
1905, at Belfast, Ireland, by the noted shipbuilding firm of
Harland and Wolff, Ltd. Built for the Hamburg-America Line,
the steamer entered transatlantic service in the autumn of
1905 when she departed Hamburg, Germany, on October 11, 1905,
bound for the United States.
(5) The largest ship of her kind in the world, and easily
one of the most luxurious passenger vessels to sail the seas,
from 1905 to 1914, the Amerika plied the North Atlantic trade
routes touching at Cherbourg, France, while steaming between
Hamburg and New York, New York.
(6) During the summer of 1914, events in the Balkans
triggered a conflict that soon spread through Europe, pitting
nations against nations in the First World War. The eruption
of fighting caught Amerika at Boston, where she was preparing
to sail for home. Although due to leave port on August 1,
1914, the Amerika stayed at Boston lest she fall prey to the
warships of the Royal Navy and remained there for almost
three years during the period of United States neutrality.
(7) Meanwhile, the loss of life caused by German submarine
operations turned opinion in the United States against the
Central Powers and on February 1, 1917, the United States
declared war. The Amerika remained inactive until seized by
the United States Shipping Board (USSB), on July 25, 1917.
The Amerika was earmarked by the Navy for service in the
Cruiser-Transport Force as a troop transport, given the
identification number 3006, and placed in commission on
August 6, 1917.
(8) Secretary of the Navy Josephus Daniels promulgated
General Order No. 320, changing the names of several ex-
German ships on September 1, 1917. The Amerika became the
America and went on to conduct multiple voyages transporting
troops and supplies to and from Word War I operations in
Europe. The completion of these trials proved to be a
milestone in the reconditioning of former German ships, for
the America was the last to be readied for service in the
United States Navy.
(9) On September 26, 1919, the America was decommissioned
in Hoboken, New Jersey, and transferred to the War
Department. The ship went on to serve as USAT America, and
was later renamed, possibly to avoid confusion with the liner
America, as the Edmund B. Alexander, in keeping with the Army
policy of naming its oceangoing transports for famous general
officers. This name honored Edmund Brooke Alexander from the
War with Mexico.
(10) The ship operated briefly between New Orleans,
Louisiana, and the Panama Canal Zone and became a troop
transport in World War II. The ship was sold to the Bethlehem
Steel Co., of Baltimore, Maryland, on January 16, 1957, and
was broken up a short time later.
(11) The third America was the aircraft carrier designated
CV-66 laid down on January 1, 1961 at Newport News, Virginia,
by the Newport News Shipbuilding and Dry Dock Corporation.
She was launched on February 1, 1964, and commissioned at the
Norfolk Naval Shipyard on January 23, 1965.
(12) In the late 1960s, the carrier America conducted
multiple Mediterranean deployments during such events as
political crises in Greece and the Suez and countless
encounters with Soviet navy vessels and assisted with the
rescue and treatment of wounded from the incident involving
the Liberty (AGTR-5).
(13) On May 30, 1968, the carrier America arrived at Yankee
Station in the South China Sea, and the next morning, the
first aircraft since commissioning to leave her deck in anger
were launched against the enemy. The America served through
four line periods, consisting of 112 days on Yankee Station
off the Vietnam coast.
(14) On a subsequent deployment in 1970, the carrier
America completed 100 days on Yankee Station. Through five
line periods, the carrier conducted 10,600 aircraft sorties,
completed 10,804 carrier landings, expended 11,190 tons of
ordnance, moved 425,996 pounds of cargo, handled 6,890
packages and transferred 469,027 pounds of mail. This was
accomplished without a single combat loss and only one major
landing accident with, fortunately, no fatalities.
(15) On June 2, 1972, three days before the carrier America
was to sail again on deployment, the Chief of Naval
Operations visited the ship and explained the reason why her
orders had been changed to send her to the Gulf of Tonkin
instead of the Mediterranean. On October 6, 1972, bombs from
the planes of the America dropped the Thanh Hoa Bridge, a
major objective since the bombing of the North had begun
years before. The America received five battle stars for her
overall service in the Vietnam War.
(16) The carrier America logged her 100,000th landing on
August 29, 1973. On May 6, 1981, the America was the first
United States Navy carrier to steam through the Suez Canal
since the U.S.S. Intrepid (CVA-11) made the passage shortly
before the Arab-Israeli ``Six-Day War'' of 1967. The America
was also the first supercarrier to transit the canal since it
had been modified to permit passage of supertankers.
(17) On January 7, 1986, President Ronald Reagan ordered
all American citizens out of Libya, and broke off all
remaining ties between the United States and Libya. At the
same time, President Reagan directed the dispatch of a second
carrier battle group to the Mediterranean, and directed the
Joint Chiefs of Staff to look into military operations
against Libya.
(18) On April 5, 1986, two days after a bomb killed four
Americans along with others onboard a Trans World Airways
(TWA) flight en route from Rome, Italy, to Athens, Greece,
another bomb exploded in the La Belle Discoteque in West
Berlin, Germany, killing two members of the United States
Armed Forces and a Turkish civilian. Another 222 people were
wounded in the bombing, 78 Americans among them. Operation
Eldorado Canyon commenced early on the afternoon of April 14,
1986, and the carrier America, operating off the Libyan
coast, launched six A-6 Intruder strike aircraft and six A-7E
Corsair II aircraft in strike support.
(19) Following Operation Desert Storm, the carrier America
returned to the United States amid a heroes' welcome. The
America participated in Operation Welcome Home and Fleet Week
'91 in New York, New York, from June 6, 1991, through June
11, 1991, taking part in the largest victory parade since
World War II. After an abbreviated in-port period and
compressed work-ups, the America deployed to the North
Atlantic for two months in support of North Star '91, then
departed on December 2, 1991, for the Mediterranean and
Arabian Gulf once again, her eighteenth major deployment. The
America also became the first carrier to earn an
unprecedented third campaign star on the Southwest Asia
Service Medal.
(20) The carrier America departed Norfolk, Virginia, on
August 28, 1995, for a routine 6-month deployment to the
Mediterranean and to the Indian Ocean. This was the 20th and
final deployment in the 30-year history of the America as the
carrier participated in Operations Deny Flight and Deliberate
Force from September 9, 1995, to September 30, 1995.
(21) America returned to the pier in Norfolk, Virginia,
ending her Mediterranean Sea deployment on February 24, 1996.
After more than three decades of proud and historic naval
service, the America was decommissioned at Norfolk Naval
Shipyard in Portsmouth, Virginia on August 9, 1996.
(22) Stricken from the Navy List on the day of her
decommissioning, the carrier America was originally planned
to be scrapped. However, the carrier was sunk in the Atlantic
Ocean, approximately 300 miles off the Virginia coast, on May
14, 2005, following a series of tests consisting of
underwater and surface simulated attacks on the ship.
(23) In a letter to a coalition of veterans and former
crewmembers of the America who offered to make the carrier a
museum, the Vice Chief of Naval Operations explained that
``America will make one final and vital contribution to our
national defense, this time as a live-fire test and
evaluation platform. America's legacy will serve as a
footprint in the design of future carriers -- ships that will
protect the sons, daughters, grandchildren and great-
grandchildren of America veterans''.

[[Page S11869]]

(b) Naming of Next Aircraft Carrier.--It is the sense of
the Congress that the next nuclear-powered aircraft carrier
of the Navy be named U.S.S. America.
______

SA 2953. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 1070. SENSE OF SENATE ON AIR FORCE USE OF TOWBARLESS
AIRCRAFT GROUND EQUIPMENT.

It is the sense of the Senate to encourage the Air Force to
give full consideration to the potential operational utility,
cost savings, and increased safety afforded by the
utilization of towbarless aircraft ground equipment.
______

SA 2957. Mr. LAUTENBERG (for himself, Mr. Inouye, Mr. Smith, Mr.
Stevens, and Mr. Lott) submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

DIVISION     --MARITIME ADMINISTRATION

SEC. --001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Maritime Administration Authorities Act of 2007''.
(b) Table of Contents.--The table of contents for this
division is as follows:

Sec. --001. Short title; table of contents.

TITLE I--GENERAL

Sec. --101. Authorization of appropriations for fiscal year 2008.
Sec. --102. Commercial vessel chartering authority.
Sec. --103. Maritime Administration vessel chartering authority.
Sec. --104. Chartering to state and local governmental
instrumentalities.
Sec. --105. Disposal of obsolete government vessels.
Sec. --106. Vessel transfer authority.
Sec. --107. Sea trials for ready reserve force.
Sec. --108. Review of applications for loans and guarantees.

TITLE II--TECHNICAL CORRECTIONS

Sec. --201. Statutory construction.
Sec. --202. Personal injury to or death of seamen.
Sec. --203. Amendments to chapter 537 based on Public Law 109-163.
Sec. --204. Additional amendments based on Public Law 109-163.
Sec. --205. Amendments based on Public Law 109-171.
Sec. --206. Amendments based on Public Law 109-241.
Sec. --207. Amendments based on Public Law 109-364.
Sec. --208. Miscellaneous amendments.
Sec. --209. Application of sunset provision to codified provision.
Sec. --210. Additional Technical corrections.

TITLE I--GENERAL

SEC. --101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2008.

Funds are hereby authorized to be appropriated for fiscal
year 2008, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $122,890,545.
(2) For paying reimbursement under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note),
$19,500,000.
(3) For assistance to small shipyards and maritime
communities under section 54101 of title 46, United States
Code, $20,000,000.
(4) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of
assistance under section 7 of Public Law 92-402, $18,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees under the program authorized by chapter 537 of
title 46, United States Code, $20,000,000.
(6) For administrative expenses related to the
implementation of the loan guarantee program under chapter
537 of title 46, United States Code, administrative expenses
related to implementation of the reimbursement program under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), and administrative expenses related to the
implementation of the small shipyards and maritime
communities assistance program under section 54101 of title
46, United States Code, $3,408,000.

SEC. --102. COMMERCIAL VESSEL CHARTERING AUTHORITY.

(a) In General.--Subchapter III of chapter 575 of title 46,
United States Code, is amended by adding at the end the
following:

``Sec. 57533. Vessel chartering authority

``The Secretary of Transportation may enter into contracts
or other agreements on behalf of the United States to
purchase, charter, operate, or otherwise acquire the use of
any vessels documented under chapter 121 of this title and
any other related real or personal property. The Secretary is
authorized to use this authority as the Secretary deems
appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter
575 of such title is amended by adding at the end the
following:

``57533. Vessel chartering authority.''.

SEC. --103. MARITIME ADMINISTRATION VESSEL CHARTERING
AUTHORITY.

Section 50303 of title 46, United States Code, is amended
by--
(1) inserting ``vessels,'' after ``piers,''; and
(2) by striking ``control;'' in subsection (a)(1) and
inserting ``control, except that the prior consent of the
Secretary of Defense for such use shall be required with
respect to any vessel in the Ready Reserve Force or in the
National Defense Reserve Fleet which is maintained in a
retention status for the Department of Defense;''.

SEC. --104. CHARTERING TO STATE AND LOCAL GOVERNMENTAL
INSTRUMENTALITIES.

Section 11(b) of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744(b)), is amended--
(1) by striking ``or'' after the semicolon in paragraph
(3);
(2) by striking ``Defense.'' in paragraph (4) and inserting
``Defense; or''; and
(3) by adding at the end thereof the following:
``(5) on a reimbursable basis, for charter to the
government of any State, locality, or Territory of the United
States, except that the prior consent of the Secretary of
Defense for such use shall be required with respect to any
vessel in the Ready Reserve Force or in the National Defense
Reserve Fleet which is maintained in a retention status for
the Department of Defense.''.

SEC. --105. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.

Section 6(c)(1) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(c)(1)) is amended--
(1) by inserting ``(either by sale or purchase of disposal
services)'' after ``shall dispose''; and
(2) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) in accordance with a priority system for disposing of
vessels, as determined by the Secretary, which shall include
provisions requiring the Maritime Administration to--
``(i) dispose of all deteriorated high priority ships that
are available for disposal, within 12 months of their
designation as such; and
``(ii) give priority to the disposition of those vessels
that pose the most significant danger to the environment or
cost the most to maintain;''.

SEC. --106. VESSEL TRANSFER AUTHORITY.

Section 50304 of title 46, United States Code, is amended
by adding at the end thereof the following:
``(d) Vessel Charters to Other Departments.--On a
reimbursable or nonreimbursable basis, as determined by the
Secretary of Transportation, the Secretary may charter or
otherwise make available a vessel under the jurisdiction of
the Secretary to any other department, upon the request by
the Secretary of the department that receives the vessel. The
prior consent of the Secretary of Defense for such use shall
be required with respect to any vessel in the Ready Reserve
Force or in the National Defense Reserve Fleet which is
maintained in a retention status for the Department of
Defense.''.

SEC. --107. SEA TRIALS FOR READY RESERVE FORCE.

Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
``(B) activate and conduct sea trials on each vessel at
least once every 30 months;''.

SEC. --108. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.

(a) Plan.--Within 180 days after the date of enactment of
this Act, the Administrator of the Maritime Administration
shall develop a comprehensive plan for the review of
traditional applications and non-traditional applications.
(b) Inclusions.--The comprehensive plan shall include a
description of the application review process that shall not
exceed 90 days for review of traditional applications.
(c) Report to Congress.--The Administrator shall submit a
report describing the comprehensive plan to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Armed Forces.
(d) Definitions.--In this section:
(1) Nontraditional application.--The term ``nontraditional
application'' means an application for a loan, guarantee, or
a commitment to guarantee submitted pursuant to chapter 537
of title 46, United States Code, that is not a traditional
application, as determined by the Administrator.
(2) Traditional application.--The term ``traditional
application'' means an application for a loan, guarantee, or
a commitment to guarantee submitted pursuant to chapter 537
of title 46, United States Code, that involves a market,
technology, and financial structure of a type that has been
approved in such an application multiple times before

[[Page S11870]]

the date of enactment of this Act without default or
unreasonable risk to the United States, as determined by the
Administrator.

TITLE II--TECHNICAL CORRECTIONS

SEC. --201. STATUTORY CONSTRUCTION.

The amendments made by this title make no substantive
change in existing law and may not be construed as making a
substantive change in existing law.

SEC. --202. PERSONAL INJURY TO OR DEATH OF SEAMEN.

(a) Amendment.--Section 30104 of title 46, United States
Code, is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Cause of Action.--A seaman injured in the course of
employment or, if the seaman dies from the injury, the
personal representative of the seaman may bring an action
against the employer. In such an action, the laws of the
United States regulating recovery for personal injury to, or
death of, a railway employee shall apply. Such an action may
be maintained in admiralty or, at the plaintiff's election,
as an action at law, with the right of trial by jury.
``(b) Venue.--When the plaintiff elects to maintain an
action at law, venue shall be in the judicial district in
which the employer resides or the employer's principal office
is located.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of Public
Law 109-304.

SEC. --203. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW
109-163.

(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 53701 is amended by--
(A) redesignating paragraphs (2) through (13) as paragraphs
(3) through (14), respectively;
(B) inserting after paragraph (1) the following:
``(2) Administrator.--The term `Administrator' means the
Administrator of the Maritime Administration.''; and
(C) striking paragraph (13) (as redesignated) and inserting
the following:
``(13) Secretary.--The term `Secretary' means the Secretary
of Commerce with respect to fishing vessels and fishery
facilities.''.
(2) Section 53706(c) is amended to read as follows:
``(c) Priorities for Certain Vessels.--
``(1) Vessels.--In guaranteeing or making a commitment to
guarantee an obligation under this chapter, the Administrator
shall give priority to--
``(A) a vessel that is otherwise eligible for a guarantee
and is constructed with assistance under subtitle D of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note); and
``(B) after applying subparagraph (A), a vessel that is
otherwise eligible for a guarantee and that the Secretary of
Defense determines--
``(i) is suitable for service as a naval auxiliary in time
of war or national emergency; and
``(ii) meets a shortfall in sealift capacity or capability.
``(2) Time for determination.--The Secretary of Defense
shall determine whether a vessel satisfies paragraph (1)(B)
not later than 30 days after receipt of a request from the
Administrator for such a determination.''.
(3) Section 53707 is amended--
(A) by inserting ``or Administrator'' in subsections (a)
and (d) after ``Secretary'' each place it appears;
(B) by striking ``Secretary of Transportation'' in
subsection (b) and inserting ``Administrator'';
(C) by striking ``of Commerce'' in subsection (c); and
(D) in subsection (d)(2), by--
(i) inserting ``if the Secretary or Administrator considers
necessary,'' before ``the waiver''; and
(ii) striking ``the increased'' and inserting ``any
significant increase in''.
(4) Section 53708 is amended--
(A) by striking ``Secretary of Transportation'' in the
heading of subsection (a) and inserting ``Administrator'';
(B) by striking ``Secretary'' and ``Secretary of
Transportation'' each place they appear in subsection (a) and
inserting ``Administrator'';
(C) by striking ``of Commerce'' in the heading of
subsection (b);
(D) by striking ``of Commerce'' in subsections (b) and (c);
(E) in subsection (d), by--
(i) inserting ``or Administrator'' after ``Secretary'' the
first place it appears; and
(ii) striking ``financial structures, or other risk factors
identified by the Secretary. Any independent analysis
conducted under this subsection shall be performed by a party
chosen by the Secretary.'' and inserting ``or financial
structures. A third party independent analysis conducted
under this subsection shall be performed by a private sector
expert in assessing such risk factors who is selected by the
Secretary or Administrator.''; and
(F) in subsection (e), by--
(i) inserting ``or Administrator'' after ``Secretary'' the
first place it appears; and
(ii) striking ``financial structures, or other risk factors
identified by the Secretary'' and inserting ``or financial
structures''.
(5) Section 53710(b)(1) is amended by striking
``Secretary's'' and inserting ``Administrator's''.
(6) Section 53712(b) is amended by striking the last
sentence and inserting ``If the Secretary or Administrator
has waived a requirement under section 53707(d) of this
title, the loan agreement shall include requirements for
additional payments, collateral, or equity contributions to
meet the waived requirement upon the occurrence of verifiable
conditions indicating that the obligor's financial condition
enables the obligor to meet the waived requirement.''.
(7) Subsections (c) and (d) of section 53717 are each
amended--
(A) by striking ``of Commerce'' in the subsection heading;
and
(B) by striking ``of Commerce'' each place it appears.
(8) Section 53732(e)(2) is amended by inserting ``of
Defense'' after ``Secretary'' the second place it appears.
(9) The following provisions are amended by striking
``Secretary'' and ``Secretary of Transportation'' and
inserting ``Administrator'':
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears in a heading and
in text.
(C) Section 53718.
(D) Section 53731 each place it appears, except where
``Secretary'' is followed by ``of Energy''.
(E) Section 53732 (as amended by paragraph (8)) each place
it appears, except where ``Secretary'' is followed by ``of
the Treasury'', ``of State'', or ``of Defense''.
(F) Section 53733 each place it appears.
(10) The following provisions are amended by inserting ``or
Administrator'' after ``Secretary'' each place it appears in
headings and text, except where ``Secretary'' is followed by
``of Transportation'' or ``of the Treasury'':
(A) The items relating to sections 53722 and 53723 in the
chapter analysis for chapter 537.
(B) Sections 53701(1), (4), and (9) (as redesignated by
paragraph (1)(A)), 53702(a), 53703, 53704,
53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d),
53710(a) and (c), 53711, 53712 (except in the last sentence
of subsection (b) as amended by paragraph (6)), 53713 to
53716, 53721 to 53725, and 53734.
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c),
53722(a)(1) and (b)(1)(B), and 53724(b) are amended by
inserting ``or Administrator's'' after ``Secretary's''.
(b) Repeal of Superseded Amendments.--Section 3507 (except
subsection (c)(4)) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) is repealed.

SEC. --204. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-
163.

(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Chapters 513 and 515 are amended by striking ``Naval
Reserve'' each place it appears in analyses, headings, and
text and inserting ``Navy Reserve''.
(2) Section 51504(f) is amended to read as follows:
``(f) Fuel Costs.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall pay to each State
maritime academy the costs of fuel used by a vessel provided
under this section while used for training.
``(2) Maximum amounts.--The amount of the payment to a
State maritime academy under paragraph (1) may not exceed--
``(A) $100,000 for fiscal year 2006;
``(B) $200,000 for fiscal year 2007; and
``(C) $300,000 for fiscal year 2008 and each fiscal year
thereafter.''.
(3) Section 51505(b)(2)(B) is amended by striking
``$200,000'' and inserting ``$300,000 for fiscal year 2006,
$400,000 for fiscal year 2007, and $500,000 for fiscal year
2008 and each fiscal year thereafter''.
(4) Section 51701(a) is amended by striking ``of the United
States.'' and inserting ``of the United States and to perform
functions to assist the United States merchant marine, as
determined necessary by the Secretary.''.
(5)(A) Section 51907 is amended to read as follows:

``Sec. 51907. Provision of decorations, medals, and
replacements

``The Secretary of Transportation may provide--
``(1) the decorations and medals authorized by this chapter
and replacements for those decorations and medals; and
``(2) replacements for decorations and medals issued under
a prior law.''.
(B) The item relating to section 51907 in the chapter
analysis for chapter 519 is amended to read as follows:

``51907. Provision of decorations, medals, and replacements.''.
(6)(A) The following new chapter is inserted after chapter
539:

``CHAPTER 541--MISCELLANEOUS

``Sec.
``54101. Assistance for small shipyards and maritime communities.''.

(B) Section 3506 of the National Defense Authorization Act
for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred to
and redesignated as section 54101 of title 46, United States
Code, to appear at the end of chapter 541 of title 46, as
inserted by subparagraph (A).
(C) The heading of such section, as transferred by
subparagraph (B), is amended to read as follows:

``Sec. 54101. Assistance for small shipyards and maritime
communities''.

(D) Paragraph (1) of subsection (h) of such section, as
transferred by subparagraph (B), is amended by striking ``(15
U.S.C. 632);'' and inserting ``(15 U.S.C. 632));''.
(E) The table of chapters at the beginning of subtitle V is
amended by inserting after

[[Page S11871]]

the item relating to chapter 539 the following new item:

``541. Miscellaneous...........................................54101''.
(b) Repeal of Superseded Amendments.--Sections 515(g)(2),
3502, 3509, and 3510 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) are repealed.

SEC. --205. AMENDMENTS BASED ON PUBLIC LAW 109-171.

(a) Amendments.--Section 60301 of title 46, United States
Code, is amended--
(1) by striking ``2 cents per ton (but not more than a
total of 10 cents per ton per year)'' in subsection (a) and
inserting ``4.5 cents per ton, not to exceed a total of 22.5
cents per ton per year, for fiscal years 2006 through 2010,
and 2 cents per ton, not to exceed a total of 10 cents per
ton per year, for each fiscal year thereafter,''; and
(2) by striking ``6 cents per ton (but not more than a
total of 30 cents per ton per year)'' in subsection (b) and
inserting ``13.5 cents per ton, not to exceed a total of 67.5
cents per ton per year, for fiscal years 2006 through 2010,
and 6 cents per ton, not to exceed a total of 30 cents per
ton per year, for each fiscal year thereafter,''.
(b) Repeal of Superseded Amendments.--Section 4001 of the
Deficit Reduction Act of 2005 (Public Law 109-171) is
repealed.

SEC. --206. AMENDMENTS BASED ON PUBLIC LAW 109-241.

(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 12111 is amended by adding at the end the
following:
``(d) Activities Involving Mobile Offshore Drilling
Units.--
``(1) In general.--Only a vessel for which a certificate of
documentation with a registry endorsement is issued may
engage in--
``(A) the setting, relocation, or recovery of the anchors
or other mooring equipment of a mobile offshore drilling unit
that is located over the outer Continental Shelf (as defined
in section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a))); or
``(B) the transportation of merchandise or personnel to or
from a point in the United States from or to a mobile
offshore drilling unit located over the outer Continental
Shelf that is not attached to the seabed.
``(2) Coastwise trade not authorized.--Nothing in paragraph
(1) authorizes the employment in the coastwise trade of a
vessel that does not meet the requirements of section 12112
of this title.''.
(2) Section 12139(a) is amended by striking ``and
charterers'' and inserting ``charterers, and mortgagees''.
(3) Section 51307 is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking ``organizations.'' in paragraph (3) and
inserting ``organizations; and''; and
(C) by adding at the end the following:
``(4) on any other vessel considered by the Secretary to be
necessary or appropriate or in the national interest.''.
(4) Section 55105(b)(3) is amended by striking ``Secretary
of the department in which the Coast Guard is operating'' and
inserting ``Secretary of Homeland Security''.
(5) Section 70306(a) is amended by striking ``Not later
than February 28 of each year, the Secretary shall submit a
report'' and inserting ``The Secretary shall submit an annual
report''.
(6) Section 70502(d)(2) is amended to read as follows:
``(2) Response to claim of registry.--The response of a
foreign nation to a claim of registry under paragraph (1)(A)
or (C) may be made by radio, telephone, or similar oral or
electronic means, and is proved conclusively by certification
of the Secretary of State or the Secretary's designee.''.
(b) Repeal of Superseded Amendments.--Sections 303, 307,
308, 310, 901(q), and 902(o) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241) are repealed.

SEC. --207. AMENDMENTS BASED ON PUBLIC LAW 109-364.

(a) Updating of Cross References.--Section 1017(b)(2) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364, 10 U.S.C. 2631 note) is
amended by striking ``section 27 of the Merchant Marine Act,
1920 (46 U.S.C. 883), section 12106 of title 46, United
States Code, and section 2 of the Shipping Act, 1916 (46
U.S.C. App. 802)'' and inserting ``sections 12112, 50501, and
55102 of title 46, United States Code''.
(b) Section 51306(e).--
(1) In general.--Section 51306 of title 46, United States
Code, is amended by adding at the end the following:
``(e) Alternative Service.--
``(1) Service as commissioned officer.--An individual who,
for the 5-year period following graduation from the Academy,
serves as a commissioned officer on active duty in an armed
force of the United States or as a commissioned officer of
the National Oceanic and Atmospheric Administration or the
Public Health Service shall be excused from the requirements
of paragraphs (3) through (5) of subsection (a).
``(2) Modification or waiver.--The Secretary may modify or
waive any of the terms and conditions set forth in subsection
(a) through the imposition of alternative service
requirements.''.
(2) Application.--Section 51306(e) of title 46, United
States Code, as added by paragraph (1), applies only to an
individual who enrolls as a cadet at the United States
Merchant Marine Academy, and signs an agreement under section
51306(a) of title 46, after October 17, 2006.
(c) Section 51306(f).--
(1) In general.--Section 51306 of title 46, United States
Code, is further amended by adding at the end the following:
``(f) Service Obligation Performance Reporting
Requirement.--
``(1) In general.--Subject to any otherwise applicable
restrictions on disclosure in section 552a of title 5, the
Secretary of Defense, the Secretary of the department in
which the Coast Guard is operating, the Administrator of the
National Oceanic and Atmospheric Administration, and the
Surgeon General of the Public Health Service--
``(A) shall report the status of obligated service of an
individual graduate of the Academy upon request of the
Secretary; and
``(B) may, in their discretion, notify the Secretary of any
failure of the graduate to perform the graduate's duties,
either on active duty or in the Ready Reserve component of
their respective service, or as a commissioned officer of the
National Oceanic and Atmospheric Administration or the Public
Health Service, respectively.
``(2) Information to be provided.--A report or notice under
paragraph (1) shall identify any graduate determined to have
failed to comply with service obligation requirements and
provide all required information as to why such graduate
failed to comply.
``(3) Considered as in default.--Upon receipt of such a
report or notice, such graduate may be considered to be in
default of the graduate's service obligations by the
Secretary, and subject to all remedies the Secretary may have
with respect to such a default.''.
(2) Application.--Section 51306(f) of title 46, United
States Code, as added by paragraph (1), does not apply with
respect to an agreement entered into under section 51306(a)
of title 46, United States Code, before October 17, 2006.
(d) Section 51509(c).--Section 51509(c) of title 46, United
States Code, is amended--
(1) by striking ``Midshipman and'' in the subsection
heading and ``midshipman and'' in the text; and
(2) inserting ``or the Coast Guard Reserve'' after
``Reserve)''.
(e) Section 51908(a).--Section 51908(a) of title 46, United
States Code, is amended by striking ``under this chapter''
and inserting ``by this chapter or the Secretary of
Transportation''.
(f) Section 53105(e)(2).--Section 53105(e)(2) of title 46,
United States Code, is amended by striking ``section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802),'' and inserting
``section 50501 of this title''.
(g) Repeal of Superseded Amendments.--Sections 3505, 3506,
3508, and 3510(a) and (b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
are repealed.

SEC. --208. MISCELLANEOUS AMENDMENTS.

(a) Deletion of Obsolete Reference to Canton Island.--
Section 55101(b) of title 46, United States Code, is
amended--
(1) by inserting ``or'' after the semicolon at the end of
paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Improvement of Heading.--Title 46, United States Code,
is amended as follows:
(1) The heading of section 55110 is amended by inserting
``valueless material or'' before ``dredged material''.
(2) The item for section 55110 in the analysis for chapter
551 is amended by inserting ``valueless material or'' before
``dredged material''.
(c) Oceanographic Research Vessels and Sailing School
Vessels.--
(1) Section 10101(3) of title 46, United States Code, is
amended by inserting ``on an oceanographic research vessel''
after ``scientific personnel''.
(2) Section 50503 of title 46, United States Code, is
amended by striking ``An oceanographic research vessel'' and
all that follows and inserting the following:
``(a) Definitions.--In this section, the terms
`oceanographic research vessel' and `scientific personnel'
have the meaning given those terms in section 2101 of this
title.
``(b) Not Seamen.--Scientific personnel on an oceanographic
research vessel are deemed not to be seamen under part G of
subtitle II, section 30104, or chapter 303 of this title.
``(c) Not Engaged in Trade or Commerce.--An oceanographic
research vessel is deemed not to be engaged in trade or
commerce.''.
(3) Section 50504(b)(1) of title 46, United States Code, is
amended by striking ``parts B, F, and G of subtitle II'' and
inserting ``part B, F, or G of subtitle II, section 30104, or
chapter 303''.

SEC. --209. APPLICATION OF SUNSET PROVISION TO CODIFIED
PROVISION.

For purposes of section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 (Public Law 108-27, 26
U.S.C. 1 note), the amendment made by section 301(a)(2)(E) of
that Act shall be deemed to have been made to section
53511(f)(2) of title 46, United States Code.

SEC. --210. ADDITIONAL TECHNICAL CORRECTIONS.

(a) Amendments to Title 46.--Title 46, United States Code,
is amended as follows:
(1) The analysis for chapter 21 is amended by striking the
item relating to section 2108.
(2) Section 12113(g) is amended by inserting ``and'' after
``Conservation''.

[[Page S11872]]

(3) Section 12131 is amended by striking ``commmand'' and
inserting ``command''.
(b) Amendments to Public Law 109-304.--
(1) Amendments.--Public Law 109-304 is amended as follows:
(A) Section 15(10) is amended by striking ``46 App.
U.S.C.'' and inserting ``46 U.S.C. App.''.
(B) Section 15(30) is amended by striking ``Shipping Act,
1936'' and inserting ``Shipping Act, 1916''.
(C) The schedule of Statutes at Large repealed in section
19, as it relates to the Act of June 29, 1936, is amended
by--
(i) striking the second section ``1111'' (relating to 46
U.S.C. App. 1279f) and inserting section ``1113''; and
(ii) striking the second section ``1112'' (relating to 46
U.S.C. App. 1279g) and inserting section ``1114''.
(2) Effective date.--The amendments made by paragraph (1)
shall be effective as if included in the enactment of Public
Law 109-304.
(c) Repeal of Duplicative or Unexecutable Amendments.--
(1) Repeal.--Sections 9(a), 15(21) and (33)(A) through
(D)(i), and 16(c)(2) of Public Law 109-304 are repealed.
(2) Intended effect.--The provisions repealed by paragraph
(1) shall be treated as if never enacted.
(d) Large Passenger Vessel Crew Requirements.--Section
8103(k)(3)(C)(iv) of title 46, United States Code, is amended
by inserting ``and section 252 of the Immigration and
Nationality Act (8 U.S.C. 1282)'' after ``of such section''.
______

SA 2958. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 2919 submitted by Mr. Durbin (for himself, Mr. Hagel, Mr.
Lugar, and Mr. Hatch) and intended to be proposed to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

On page 18, after line 19, add the following:

SEC. 3313. EFFECTIVE DATE.

This title shall not take effect until the date on which
the President certifies that the integrated entry and exit
data system required under section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), which was required to be implemented not
later than December 21, 2005, has been fully implemented and
is functioning at every land, sea, and air port of entry into
the United States.
______

SA 2959. Ms. SNOWE 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. HUBZONES.

(a) In General.--Section 3(p)(4)(D) of the Small Business
Act (15 U.S.C. 632(p)(4)(D)) is amended--
(1) by redesignating clauses (i), (ii), (iii), and (iv) as
subclauses (I), (II), (III), and (IV), respectively, and
adjusting the margin accordingly;
(2) by striking ``means lands'' and inserting the following
``means--
``(i) lands''; and
(3) by striking the period at the end and inserting the
following: ``; and
``(ii) during the 5-year period beginning on the date that
a military installation is closed under an authority
described in clause (i), areas adjacent to or within a
reasonable commuting distance of lands described in clause
(i) that are directly economically affected by the closing of
that military installation, as determined by the Secretary of
Housing and Urban Development.''.
(b) Feasibility Study.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Housing and
Urban Development shall conduct a study of the feasibility
of, and submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report regarding,
designating as a HUBZone (as that term is defined in section
3 of the Small Business Act (15 U.S.C. 632), as amended by
this Act) any area that does not qualify as a HUBZone solely
because that area is located within a county located within a
metropolitan statistical area (as defined by the Office of
Management and Budget). The report submitted under this
subsection shall include any legislative recommendations
relating to the findings of the feasibility study conducted
under this subsection.
______

SA 2960. Mr. KYL (for himself, Mr. Nelson of Florida, Mr. Sessions,
and Mr. Thune) 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 II, add the following:

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

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

SA 2961. Mr. DOMENICI 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 X, add the following:

SEC. 1031. NATIONAL GUARD SUPPORT FOR BORDER CONTROL
ACTIVITIES.

(a) Support Authorized.--
(1) In general.--Chapter 1 of title 32, United States Code,
is amended by inserting after section 112 the following new
section:

``Sec. 112a. Border control activities

``(a) Funding Assistance.--The Secretary of Defense may
provide funds to the Governor of a State who submits to the
Secretary a State border control activities plan satisfying
the requirements of subsection (c). Such funds shall be used
for the following:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized by
State law, of personnel of the National Guard of that State
used, while not in Federal service, for the purpose of border
control activities.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of border control activities.
``(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State
used for the purpose of border control activities. However,
the use of such funds for the procurement of equipment may
not exceed $5,000 per item, unless approval for procurement
of equipment in excess of that amount is granted in advance
by the Secretary of Defense.
``(b) Use of Personnel Performing Full-Time National Guard
Duty.--(1) Under regulations prescribed by the Secretary of
Defense, personnel of the National Guard of a State may, in
accordance with the State border control activities plan
referred to in subsection (c), be ordered to perform full-
time National Guard duty under section 502(f) of this title
for the purpose of carrying out border control activities.
``(2)(A) A member of the National Guard serving on full-
time National Guard duty under orders authorized under
paragraph (1) shall participate in the training required
under section 502(a) of this title in addition to the duty
performed for the purpose authorized under that paragraph.
The pay, allowances, and other benefits of the member while
participating in the training shall be the same as those to
which the member is entitled while performing duty for the
purpose of carrying out border control activities. The member
is not entitled to additional pay, allowances, or other
benefits for participation in training required under section
502(a)(1) of this title.
``(B) Appropriations available for the Department of
Defense for homeland defense may be used for paying costs
associated with a member's participation in training
described in subparagraph (A). The appropriation shall be
reimbursed in full, out of appropriations available for
paying those costs,

[[Page S11873]]

for the amounts paid. Appropriations available for paying
those costs shall be available for making the reimbursements.
``(C) To ensure that the use of units and personnel of the
National Guard of a State pursuant to a State border control
activities plan does not degrade the training and readiness
of such units and personnel, the following requirements shall
apply in determining the border control activities that units
and personnel of the National Guard of a State may perform:
``(i) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(ii) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(iii) The performance of the activities will not result
in a significant increase in the cost of training.
``(iv) In the case of border control activities performed
by a unit organized to serve as a unit, the activities will
support valid unit training requirements.
``(c) Plan Requirements.--A State border control activities
plan shall--
``(1) specify how personnel of the National Guard of that
State are to be used in border control activities in support
of the mission of the United States Customs and Border
Protection of the Department of Homeland Security;
``(2) certify that those operations are to be conducted at
a time when the personnel involved are not in Federal
service;
``(3) certify that participation by National Guard
personnel in those operations is service in addition to
training required under section 502 of this title;
``(4) certify that any engineer-type activities (as defined
by the Secretary of Defense) under the plan will be performed
only by units and members of the National Guard;
``(5) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National
Guard of the State for the activities proposed under the plan
is authorized by, and is consistent with, State law; and
``(6) certify that the Governor of the State or a civilian
law enforcement official of the State designated by the
Governor has determined that any activities included in the
plan that are carried out in conjunction with Federal law
enforcement agencies serve a State law enforcement purpose.
``(d) Examination of Plan.--Before funds are provided to
the Governor of a State under this section and before members
of the National Guard of that State are ordered to full-time
National Guard duty as authorized in subsection (b), the
Secretary of Defense shall, in consultation with the
Secretary of Homeland Security, examine the adequacy of the
plan submitted by the Governor under subsection (c). The plan
as approved by the Secretary of Defense may provide for the
use of personnel and equipment of the National Guard of that
State to assist the Immigration and Naturalization Service in
the transportation of aliens who have violated a Federal
immigration law.
``(e) End Strength Limitation.--(1) Except as provided in
paragraph (2), at the end of a fiscal year there may not be
more than 6,000 members of the National Guard--
``(A) on full-time National Guard duty under section 502(f)
of this title to perform border control activities pursuant
to an order to duty; or
``(B) on duty under State authority to perform border
control activities pursuant to an order to duty with State
pay and allowances being reimbursed with funds provided under
subsection (a)(1).
``(2) The Secretary of Defense may increase the end
strength authorized under paragraph (1) by not more than 20
percent for any fiscal year if the Secretary determines that
such an increase is necessary in the national security
interests of the United States.
``(f) Annual Report.--The Secretary of Defense shall submit
to Congress an annual report regarding assistance provided
and activities carried out under this section during the
preceding fiscal year. The report shall include the
following:
``(1) The number of members of the National Guard excluded
under subsection (e) from the computation of end strengths.
``(2) A description of the border control activities
conducted under State border control activities plans
referred to in subsection (c) with funds provided under this
section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard
to perform activities under the State border control
activities plans.
``(g) Statutory Construction.--Nothing in this section
shall be construed as a limitation on the authority of any
unit of the National Guard of a State, when such unit is not
in Federal service, to perform law enforcement functions
authorized to be performed by the National Guard by the laws
of the State concerned.
``(h) Definitions.--In this section:
``(1) The term `border control activities', with respect to
the National Guard of a State, means the use of National
Guard personnel in border control activities authorized by
the law of the State and requested by the Governor of the
State in support of the mission of the United States Customs
and Border Protection of the Department of Homeland Security,
including activities as follows:
``(A) Construction of roads, fences, and vehicle barriers.
``(B) Search and rescue operations.
``(C) Intelligence gathering, surveillance, and
reconnaissance.
``(D) Communications and information technology support.
``(E) Installation and operation of cameras.
``(F) Repair and maintenance of infrastructure.
``(G) Administrative support.
``(H) Aviation support, including maintenance.
``(I) Logistics support.
``(2) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(3) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or
a territory or possession of the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by inserting
after the item relating to section 112 the following new
item:

``112a. Border control activities.''.

(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.
______

SA 2962. Mrs. BOXER (for herself, Mr. Lieberman, and Mr. Obama)
submitted an amendment intended to be proposed by her to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

On page 175, between lines 10 and 11, insert the following:

SEC. 703. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF
DEFENSE MENTAL HEALTH TASK FORCE.

(a) In General.--As soon as practicable, but not later than
May 31, 2008, the Secretary of Defense shall implement the
recommendations of the Department of Defense Task Force on
Mental Health developed pursuant to section 723 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3348) to ensure a full
continuum of psychological health services and care for
members of the Armed Forces and their families.
(b) Implementation of Certain Recommendations.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall implement the following recommendations
of the Department of Defense Task Force on Mental Health:
(1) The implementation of a comprehensive public education
campaign to reduce the stigma associated with mental health
problems.
(2) The appointment of a psychological director of health
for each military department, each military treatment
facility, the National Guard, and the Reserve Component, and
the establishment of a psychological health council.
(3) The establishment of a center of excellence for the
study of psychological health.
(4) The enhancement of TRICARE benefits and care for mental
health problems.
(5) The implementation of an annual psychological health
assessment addressing cognition, psychological functioning,
and overall psychological readiness for each member of the
Armed Forces, including members of the National Guard and
Reserve Component.
(6) The development of a model for allocating resources to
military mental health facilities, and services embedded in
line units, based on an assessment of the needs of and risks
faced by the populations served by such facilities and
services.
(7) The issuance of a policy directive to ensure that each
military department carefully assesses the history of
occupational exposure to conditions potentially resulting in
post-traumatic stress disorder, traumatic brain injury, or
related diagnoses in members of the Armed Forces facing
administrative or medical discharge.
(8) The maintenance of adequate family support programs for
families of deployed members of the Armed Forces.
(c) Recommendations Requiring Legislative Action.--Not
later than 60 days after the date of the enactment of this
Act, the Secretary shall submit to the congressional defense
committees a description of any legislative action required
to implement the recommendations of the Department of Defense
Mental Health Task Force.
(d) Recommendations to Be Not Implemented.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense
committees a description of any recommendations of the
Department of Defense Mental Health Task Force the Secretary
of Defense has determined not to implement.
(e) Progress Reports Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every six months thereafter
until the

[[Page S11874]]

date described in paragraph (2), the Secretary shall submit
to the congressional defense committees a report on the
status of the implementation of the recommendations of the
Department of Defense Mental Health Task Force.
(2) Date described.--The date described in this paragraph
is the date on which all recommendations of the Department of
Defense Mental Health Task Force have been implemented other
than the recommendations the Secretary has determined
pursuant to subsection (d) not to implement.
______

SA 2963. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title XXVI, add the following:

SEC. 2611. RELOCATION OF UNITS FROM ROBERTS UNITED STATES
ARMY RESERVE CENTER AND NAVY-MARINE CORPS
RESERVE CENTER, BATON ROUGE, LOUISIANA.

For the purpose of siting an Army Reserve Center and Navy-
Marine Corps Reserve Center for which funds are authorized to
be appropriated in this Act in Baton Rouge, Louisiana, the
Secretary of the Army may use land under the control of the
State of Louisiana adjacent to, or in the vicinity of the
Baton Rouge airport, Baton Rouge, Louisiana at a location
determined by the Secretary to be in the best interest of
national security and in the public interest.
______

SA 2964. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 143. C-40 AIRCRAFT.

(a) Additional Amount for Aircraft.--The amount authorized
to be appropriated by section 103(1) for procurement of
aircraft the Air Force is hereby increased by $85,000,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 103(1) for procurement of aircraft
for the Air Force, as increased by subsection (a),
$85,000,000 may be available for the procurement of one C-40
aircraft.
(c) Offset.--The amount authorized to be appropriated by
section 102(a)(1) for procurement of aircraft for the Navy is
hereby reduced by $85,000,000, with the amount of the
reduction to be allocated as follows:
(1) $69,000,000 to amounts available for procurement of UH-
1Y/AH-1Z helicopters.
(2) $16,000,000 to amounts available for procurement of E-
2C aircraft.
______

SA 2965. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1234. PLAN FOR POLITICAL AND ECONOMIC DEVELOPMENT IN
AFGHANISTAN.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall jointly submit to Congress a comprehensive
5-year plan for United States support and assistance in the
political and economic development of Afghanistan.
(b) Consultation.--In preparing the plan under subsection
(a), the Secretary of State and the Administrator of the
United States Agency for International Development shall
consult with, among others, the Secretary of Defense, the
Secretary of Agriculture, the Attorney General, the
Secretary-General of the United Nations, the NATO Secretary
General, and the heads of other international and
nongovernmental organizations dedicated to international
development.
______

SA 2966. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1535. POLICY OF THE UNITED STATES ON A VOTE BY THE
PARLIAMENT OF IRAQ ON THE UNITED STATES
MILITARY MISSION IN IRAQ.

(a) Findings.--Congress makes the following findings:
(1) Section 1314(d) of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability
Appropriations Act of 2007 (Public Law 110-28; 121 Stat. 125)
states that ``[t]he President of the United States, in
respecting the sovereign rights of the nation of Iraq, shall
direct the orderly redeployment of elements of U.S. forces
from Iraq, if the components of the Iraqi government, acting
in strict accordance with their respective powers given by
the Iraqi Constitution, reach a consensus as recited in a
resolution, directing a redeployment of U.S. forces''.
(2) President George W. Bush stated on April 24, 2007, that
if the Government of Iraq ``said get out now, we're tired of
the coalition presence, U.S.'s presence is counterproductive,
we would leave''.
(3) In May 2007, a majority of the members of the
Parliament of Iraq reportedly signed draft legislation
calling for a timetable for the withdrawal of United States
forces from Iraq.
(b) Policy of the United States.--It shall be the policy of
the United States to request that the Prime Minister of Iraq
submit to the Parliament of Iraq a resolution stating that it
is in the interests of the people of Iraq to transition the
United States military mission in Iraq to (1) training,
equipping, and providing logistic support to the Iraqi
Security Forces, (2) engaging in targeted counterterrorism
operations against al Qaeda, al Qaeda-affiliated groups, and
other international terrorist organizations, and (3)
protecting United States and Coalition personnel and
infrastructure, and redeploy United States forces not
necessary to complete such missions by not later than nine
months after the date of the enactment of this Act.
______

SA 2967. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1535. CONDITIONING OF UNITED STATES SUPPORT FOR
GOVERNMENT OF IRAQ ON MEETING KEY POLITICAL
BENCHMARKS.

(a) Findings.--Congress makes the following findings:
(1) On November 27, 2006, Prime Minister of Iraq Nuri al-
Maliki stated that ``[t]he crisis is political, and the ones
who can stop the cycle of aggravation and bloodletting of
innocents are the politicians''.
(2) On January 7, 2007, President George W. Bush stated in
a speech to the Nation that the purpose of sending more
troops to Iraq was to provide ``breathing space'' to the
Iraqis to achieve national reconciliation, and that ``America
will hold the Iraqi government to the benchmarks it has
announced''.
(3) On September 4, 2007, the Government Accountability
Office reported that the Government of Iraq had met only one
of the eight legislative benchmarks necessary for political
reconciliation.
(b) Sense of Congress.--It is the sense of Congress that
the United States strategy in Iraq should be conditioned on
the Government of Iraq meeting key political benchmarks, as
told to members of Congress by the President, the Secretary
of State, the Secretary of Defense, and the Chairman of the
Joint Chiefs of Staff, and reflected in the commitments of
the Government of Iraq to the United States and to the
international community, including--
(1) forming a Constitutional Review Committee and then
completing the constitutional review;
(2) enacting and implementing legislation on de-
Ba'aathification;
(3) enacting and implementing legislation to ensure the
equitable distribution of hydrocarbon resources of the people
of Iraq without regard to the sect or ethnicity of
recipients, and enacting and implementing legislation to
ensure that the energy resources of Iraq benefit Sunni Arabs,
Shia Arabs, Kurds, and other Iraqi citizens in an equitable
manner; and
(4) enacting and implementing legislation establishing an
Independent High Electoral Commission, provincial elections
law, provincial council authorities, and a date for
provincial elections.
(c) Comptroller General Report.--Not later than 90 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress an
independent report setting forth--
(1) the status of the achievement by the Government of Iraq
of each of the benchmarks described in subsection (a)(3); and
(2) the Comptroller General's assessment of whether or not
each benchmark has been met.

[[Page S11875]]

(d) Withdrawal of Political Support.--If in the report
under subsection (c) the Comptroller General determines that
the Government of Iraq has not met each of the benchmarks
described in subsection (a)(3), the United States shall
immediately withdraw political support for the Government of
Iraq under Prime Minister Nuri al-Maliki and support efforts
by the Iraqi Parliament to form a new government.
______

SA 2968. Mr. KERRY (for himself, Ms. Snowe, Mr. Hagel, Ms. Landrieu,
Mr. Lieberman, and Ms. Cantwell) submitted an amendment intended to be
proposed by him to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end, add the following:

DIVISION D--VETERAN SMALL BUSINESSES

SEC. 4001. SHORT TITLE.

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

SEC. 4002. DEFINITIONS.

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

TITLE XLI--VETERANS BUSINESS DEVELOPMENT

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

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

SEC. 4102. INTERAGENCY TASK FORCE.

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

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

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

TITLE XLII--NATIONAL RESERVIST ENTERPRISE TRANSITION AND SUSTAINABILITY

SEC. 4201. SHORT TITLE.

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

SEC. 4202. PURPOSE.

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

SEC. 4203. NATIONAL GUARD AND RESERVE BUSINESS ASSISTANCE.

(a) In General.--Section 21(a)(1) of the Small Business Act
(15 U.S.C. 648(a)(1)) is amended by inserting ``any small
business development center, women's business center,
Veterans Business Outreach Center, or center operated by the
National Veterans Business Development Corporation providing
enterprise transition and sustainability assistance to
Reservists under section 37,'' after ``any women's business
center operating pursuant to section 29,''.
(b) Program.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) by redesignating section 37 (15 U.S.C. 631 note) as
section 38; and
(2) by inserting after section 36 the following:

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

``(a) In General.--The Administrator shall establish a
program to provide business planning assistance to small
business concerns owned and operated by Reservists.
``(b) Definitions.--In this section--
``(1) the terms `activated' and `activation' mean having
received an order placing a Reservists on active duty, as
defined by section 101(1) of title 10, United States Code;
``(2) the term `Administrator' means the Administrator of
the Small Business Administration, acting through the
Associate Administrator for Small Business Development
Centers;
``(3) the term `Association' means the association
established under section 21(a)(3)(A);

[[Page S11876]]

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

TITLE XLIII--RESERVIST PROGRAMS

SEC. 4301. RESERVIST PROGRAMS.

(a) Application Period.--Section 7(b)(3)(C) of the Small
Business Act (15 U.S.C. 636(b)(3)(C)) is amended by striking
``90 days'' and inserting ``1 year''.
(b) Pre-Consideration Process.--
(1) Definition.--In this subsection, the term ``eligible
Reservist'' means a Reservist who--
(A) has not been ordered to active duty;
(B) expects to be ordered to active duty during a period of
military conflict; and
(C) can reasonably demonstrate that the small business
concern for which that Reservist is a key employee will
suffer economic injury in the absence of that Reservist.
(2) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Administrator shall establish a
pre-consideration process, under which the Administrator--
(A) may collect all relevant materials necessary for
processing a loan to a small business concern under section
7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3))
before an eligible Reservist employed by that small business
concern is activated; and
(B) shall distribute funds for any loan approved under
subparagraph (A) if that eligible Reservist is activated.
(c) Outreach and Technical Assistance Program.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Defense, shall develop a comprehensive outreach and technical
assistance program (in this subsection referred to as the
``program'') to--
(A) market the loans available under section 7(b)(3) of the
Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and
family members of Reservists, that are on active duty and
that are not on active duty; and
(B) provide technical assistance to a small business
concern applying for a loan under that section.
(2) Components.--The program shall--
(A) incorporate appropriate websites maintained by the
Administration, the Department of Veterans Affairs, and the
Department of Defense; and
(B) require that information on the program is made
available to small business concerns directly through--
(i) the district offices and resource partners of the
Administration, including small business development centers,
women's business centers, and the Service Corps of Retired
Executives; and
(ii) other Federal agencies, including the Department of
Veterans Affairs and the Department of Defense.
(3) Report.--
(A) In general.--Not later than 6 months after the date of
enactment of this Act, and every 6 months thereafter until
the date that is 30 months after such date of enactment, the
Administrator shall submit to Congress a report on the status
of the program.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) for the 6-month period ending on the date of that
report--

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

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

SEC. 4302. RESERVIST LOANS.

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

[[Page S11877]]

Act jointly with the Secretary of Defense and veterans'
service organizations; and
(B) to advertise and promote participation by lenders in
such program jointly with trade associations for banks or
other lending institutions.

SEC. 4303. NONCOLLATERALIZED LOANS.

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

SEC. 4304. LOAN PRIORITY.

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

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

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

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

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

SEC. 4306. SERVICE-DISABLED VETERANS.

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

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

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

TITLE XLIV--OFFSET OF AUTHORIZATION

SEC. 4401. OFFSET.

Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended by inserting after subsection (e) the following:
``(f) Microloans.--For each of fiscal years 2008 through
2011, for the programs authorized by section 7(m), the
Administrator is authorized to make $42,000,000 in loans.''.
______

SA 2969. Mr. KERRY (for himself, Mr Domenici, Mr. Hagel, Mr. Obama,
and Mr. Tester) submitted an amendment intended to be proposed by him
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 703. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
MILITARY EYE INJURIES.

(a) Establishment.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1105 the
following new section:

``Sec. 1105a. Center of Excellence in Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Military Eye
Injuries

``(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of military eye injuries to carry out the
responsibilities specified in subsection (c). The center
shall be known as a `Center of Excellence in Prevention,
Diagnosis, Mitigation, Treatment, and Rehabilitation of
Military Eye Injuries'.
``(b) Partnerships.--The Secretary shall ensure that the
Center collaborates to the maximum extent practicable with
the Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
``(c) Responsibilities.--(1) The Center shall--
``(A) develop, implement, and oversee a registry of
information for the tracking of the diagnosis, surgical
intervention or other operative procedure, other treatment,
and follow up for each case of eye injury incurred by a
member of the armed forces in combat that requires surgery or
other operative intervention; and
``(B) ensure the electronic exchange with Secretary of
Veterans Affairs of information obtained through tracking
under subparagraph (A).
``(2) The registry under this subsection shall be known as
the `Military Eye Injury Registry'.
``(3) The Center shall develop the Registry in consultation
with the ophthalmological specialist personnel and optometric
specialist personnel of the Department of Defense. The
mechanisms and procedures of the Registry shall reflect
applicable expert research on military and other eye
injuries.
``(4) The mechanisms of the Registry for tracking under
paragraph (1)(A) shall ensure that each military medical
treatment facility or other medical facility shall submit to
the Center for inclusion in the Registry information on the
diagnosis, surgical intervention or other operative
procedure, other treatment, and follow up for each case of
eye injury described in that paragraph as follows (to the
extent applicable):
``(A) Not later than 72 hours after surgery or other
operative intervention.
``(B) Any clinical or other operative intervention done
within 30 days, 60 days, or 120 days after surgery or other
operative intervention as a result of a follow-up
examination.
``(C) Not later than 180 days after surgery or other
operative intervention.
``(5)(A) The Center shall provide notice to the Blind
Service or Low Vision Optometry Service, as applicable, of
the Department of Veterans Affairs on each member of the
armed forces described in subparagraph (B) for purposes of
ensuring the coordination of the provision of visual
rehabilitation benefits and services by the Department of
Veterans Affairs after the separation or release of such
member from the armed forces.
``(B) A member of the armed forces described in this
subparagraph is a member of the armed forces as follows:
``(i) A member with an eye injury incurred in combat who
has a visual acuity of \20/200\ or less in either eye.
``(ii) A member with an eye injury incurred in combat who
has a loss of peripheral vision of twenty degrees or less.
``(d) Utilization of Registry Information.--The Secretary
of Defense and the Secretary of Veterans Affairs shall
jointly ensure that information in the Military Eye Injury
Registry is available to appropriate ophthalmological and
optometric personnel of the Department of Veterans Affairs
for purposes of encouraging and facilitating the conduct of
research, and the development of best practices and clinical
education, on eye

[[Page S11878]]

injuries incurred by members of the armed forces in
combat.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1105 the following new
item:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Military Eye
Injuries.''.
(b) Inclusion of Records of OIF/OEF Veterans.--The
Secretary of Defense shall take appropriate actions to
include in the Military Eye Injury Registry established under
section 1105a of title 10, United States Code (as added by
subsection (a)), such records of members of the Armed Forces
who incurred an eye injury in combat in Operation Iraqi
Freedom or Operation Enduring Freedom before the
establishment of the Registry as the Secretary considers
appropriate for purposes of the Registry.
(c) Report on Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the status of the Center of
Excellence in Prevention, Diagnosis, Mitigation, Treatment,
and Rehabilitation of Military Eye Injuries under section
1105a of title 10, United States Code (as so added),
including the progress made in established the Military Eye
Injury Registry required under that section.
(d) Traumatic Brain Injury Post Traumatic Visual
Syndrome.--In carrying out the program at Walter Reed Army
Medical Center, District of Columbia, on Traumatic Brain
Injury Post Traumatic Visual Syndrome, the Secretary of
Defense and the Department of Veterans Affairs shall jointly
provide for the conduct of a cooperative study on neuro-
optometric screening and diagnosis of members of the Armed
Forces with Traumatic Brain Injury by military medical
treatment facilities of the Department of Defense and medical
centers of the Department of Veterans Affairs selected for
purposes of this subsection for purposes of vision screening,
diagnosis, rehabilitative management, and vision research on
visual dysfunction related to Traumatic Brain Injury.
(e) Funding.--Of the amounts available for Defense Health
Program, $5,000,000 may be available for the Center of
Excellence in Prevention, Diagnosis, Mitigation, Treatment,
and Rehabilitation of Military Eye Injuries under section
1105a of title 10, United States Code (as so added).
______

SA 2970. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

SEC. __. CONDITIONING OF UNITED STATES STRATEGY IN IRAQ TO
IRAQ GOVERNMENT'S MEETING OF POLITICAL
BENCHMARKS.

(a) Political Benchmarks.--The United States strategy in
Iraq shall be conditioned on the government of Iraq meeting
four political benchmarks, as told to members of Congress by
the President, the Secretary of State, the Secretary of
Defense, and the Chairman of the Joint Chiefs of Staff, and
reflected in the government of Iraq's commitments to the
United States, and to the international community, including:
(1) Forming a Constitutional Review Committee and then
completing the constitutional review.
(2) Enacting and implementing legislation on de-
Ba'aathification.
(3) Enacting and implementing legislation to ensure the
equitable distribution of hydrocarbon resources of the people
of Iraq without regard to the sect or ethnicity of
recipients, and enacting and implementing legislation to
ensure that the energy resources of Iraq benefit Sunni Arabs,
Shia Arabs, Kurds, and other Iraqi citizens in an equitable
manner.
(4) Enacting and implementing legislation establishing an
Independent High Electoral Commission, provincial elections
law, provincial council authorities, and a date for
provincial elections.
(b) Independent Assessment.--Not later than 90 days after
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress an independent report
setting forth:
(1) the status of the achievement of the benchmarks
described in subsection (a).
(2) the Comptroller General's assessment of whether or not
each benchmark has been met.
(c) Limited Presence After Reduction and Transition.--If
the Comptroller General's report finds that the government of
Iraq has not met each of the benchmarks described in
subsection (a), the mission of the United States military
forces shall immediately be transitioned to (1) protecting
United States and Coalition personnel and infrastructure, (2)
training, equipping, and providing logistic support to the
Iraqi Security Forces, (3) securing Iraq's borders in order
to deter intervention and infiltration by Iranian and other
foreign forces, and (4) engaging in targeted counterterrorism
operations against al Qaeda, al Qaeda affiliated groups, and
other international terrorist organizations, and all U.S.
forces not necessary to complete such missions shall be
redeployed from Iraq not later than twelve months after the
date of the enactment of this Act.
______

SA 2971. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 1070. SENSE OF SENATE ON AIR FORCE USE OF TOWBARLESS
AIRCRAFT GROUND EQUIPMENT.

(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 2972. Mr. MENENDEZ (for himself, Mr. Lautenberg, Mr. Harkin, and
Mr. Grassley) submitted an amendment intended to be proposed by him to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 2842. LIMITATION ON COST GROWTH ASSOCIATED WITH 2005
ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by adding at the end the following new section:

``SEC. 2915. LIMITATION ON COST GROWTH APPLICABLE TO CLOSURES
AND REALIGNMENTS UNDER 2005 ROUND.

``(a) Semiannual Report on Implementation Costs.--
``(1) In general.--Not later than October 7, 2007, and
every 180 days thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report on
the costs of implementing the recommendations of the
Commission contained in the report transmitted to Congress on
September 15, 2005, under section 2903(e) that relate to
closures and realignments that have not been fully
implemented.
``(2) Estimates required.--Each report submitted under
paragraph (1) shall include, for each individual recommended
base closure or realignment--
``(A) the baseline estimate of one-time implementation
costs; and
``(B) the current estimate of one-time implementation
costs, including any increase attributable to actual or
anticipated costs due to inflation.
``(b) Special Procedures Required To Address Certain Cost
Increases.--
``(1) Notification requirement.--In the event that the
Secretary of Defense determines, based on a report prepared
under subsection (a), that the current estimate of one-time
implementation costs for an individual base closure or
realignment is at least 25 percent greater than the baseline
estimate of one-time implementation costs for such closure or
realignment (in this section referred to as a `substantially
over budget base closure or realignment'), the Secretary
shall promptly provide notification of such determination,
including the amount of the expected increase and the date
the determination was made, to the chairman and ranking
member of each of the congressional defense committees.
``(2) Business plan to control costs.--The Secretary of
Defense shall develop a business plan to reduce the costs of
any individual substantially over budget base closure or
realignment to a level less than 25 percent greater than the
baseline estimate for such closure or realignment.
``(c) Implementation of Substantially Over Budget Base
Closures and Realignments.--
``(1) Recommendations.--Not later than 45 days after an
individual base closure or realignment is identified in a
report required under subsection (a) as a substantially over
budget base closure or realignment, the Secretary of Defense
shall submit to the President a recommendation regarding
whether to continue implementation of such closure or
realignment.

[[Page S11879]]

``(2) Justification required.--In the event the Secretary
recommends that an individual substantially over budget base
closure or realignment should continue to be implemented
despite the excessive cost overruns, the Secretary shall
include the justification for continuing such closure or
realignment.
``(3) Report to congress.--Not later than 30 days after
receiving a recommendation regarding whether to continue
implementation of an individual substantially over budget
base closure or realignment under paragraph (1), the
President shall submit to Congress a report including the
recommendation of the President regarding the implementation
of such closure or realignment.
``(4) Congressional disapproval.--
``(A) In general.--The Secretary of Defense may not
continue or discontinue the implementation of an individual
substantially over budget base closure or realignment
recommended by the President under paragraph (3) if a joint
resolution is enacted, in accordance with the provisions of
subsection (d), disapproving such recommendation of the
President before the earlier of--
``(i) the end of the 45-day period beginning on the date on
which the President submits to Congress a report under
paragraph (3) that includes a recommendation regarding the
implementation of an individual substantially over budget
base closure or realignment; or
``(ii) the adjournment of Congress sine die for the session
during which such report is submitted.
``(B) Computation of period.--For purposes of subparagraph
(A) of this paragraph and paragraphs (1) and (2) of
subsection (d), the days on which either House of Congress is
not in session because of an adjournment of more than three
days to a day certain shall be excluded in the computation of
a period.
``(d) Congressional Consideration of Recommendation
Regarding Implementation of Substantially Over Budget Base
Closures or Realignment.--
``(1) Terms of the resolution.--For purposes of subsection
(c)(4), the term `joint resolution' means only a joint
resolution which is introduced within the 10-day period
beginning on the date on which the President submits to
Congress a report under subsection (c)(3) that includes a
recommendation regarding the implementation of a
substantially over budget base closure or realignment, and--
``(A) which does not have a preamble;
``(B) the matter after the resolving clause of which is as
follows: `That Congress disapproves the recommendation of the
President on ______ with respect to ______', the blank spaces
being filled in with the appropriate date and the name of a
military installation or other information that identifies
the individual closure or realignment, respectively; and
``(C) the title of which is as follows: `Joint resolution
disapproving the recommendation of the President regarding
implementation of a substantially over budget base closure or
realignment.'.
``(2) Referral.--A resolution described in paragraph (1)
that is introduced in the House of Representatives shall be
referred to the Committee on Armed Services of the House of
Representatives. A resolution described in paragraph (1)
introduced in the Senate shall be referred to the Committee
on Armed Services of the Senate.
``(3) Discharge.--If the committee to which a resolution
described in paragraph (1) is referred has not reported such
resolution (or an identical resolution) by the end of the 20-
day period beginning on the date on which the President
submits to Congress a report under subsection (c)(3) that
includes a recommendation regarding the implementation of a
substantially over budget base closure or realignment, such
committee shall be, at the end of such period, discharged
from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the
House involved.
``(4) Consideration.--
``(A) In general.--On or after the third day after the date
on which the committee to which such a resolution is referred
has reported, or has been discharged (under paragraph (3))
from further consideration of, such a resolution, it is in
order (even though a previous motion to the same effect has
been disagreed to) for any Member of the respective House to
move to proceed to the consideration of the resolution. A
Member may make the motion only on the day after the calendar
day on which the Member announces to the House concerned the
Member's intention to make the motion, except that, in the
case of the House of Representatives, the motion may be made
without such prior announcement if the motion is made by
direction of the committee to which the resolution was
referred. All points of order against the resolution (and
against consideration of the resolution) are waived. The
motion is highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable. The
motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the resolution is
agreed to, the respective House shall immediately proceed to
consideration of the joint resolution without intervening
motion, order, or other business, and the resolution shall
remain the unfinished business of the respective House until
disposed of.
``(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith, shall
be limited to not more than 2 hours, which shall be divided
equally between those favoring and those opposing the
resolution. An amendment to the resolution is not in order. A
motion further to limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
resolution is not in order. A motion to reconsider the vote
by which the resolution is agreed to or disagreed to is not
in order.
``(C) Vote on final passage.--Immediately following the
conclusion of the debate on a resolution described in
paragraph (1) and a single quorum call at the conclusion of
the debate if requested in accordance with the rules of the
appropriate House, the vote on final passage of the
resolution shall occur.
``(D) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the
procedure relating to a resolution described in paragraph (1)
shall be decided without debate.
``(5) Consideration by other house.--
``(A) Procedures.--If, before the passage by one House of a
resolution of that House described in paragraph (1), that
House receives from the other House a resolution described in
paragraph (1), then the following procedures shall apply:
``(i) The resolution of the other House shall not be
referred to a committee and may not be considered in the
House receiving it except in the case of final passage as
provided in clause (ii)(II).
``(ii) With respect to a resolution described in paragraph
(1) of the House receiving the resolution--

``(I) the procedure in that House shall be the same as if
no resolution had been received from the other House; but
``(II) the vote on final passage shall be on the resolution
of the other House.

``(B) Disposition.--Upon disposition of the resolution
received from the other House, it shall no longer be in order
to consider the resolution that originated in the receiving
House.
``(6) Rules of the senate and house.--This section is
enacted by Congress--
``(A) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House in the case of a resolution described in
paragraph (1), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
``(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``(e) Baseline Estimate of One-Time Implementation Costs
Defined.--In this section, the term `baseline estimate of
one-time implementation costs' means the applicable cost set
forth in the Cost of Base Realignment Actions (COBRA) report
used and released by the Secretary of Defense at the time the
Secretary published in the Federal Register and transmitted
to the congressional defense committees and the Commission
the initial list of recommendations for closure or
realignment of military installations under section 2914(a).
``(f) Applicability.--The reporting, notification, and
other requirements of this section do not apply to base
closures and realignments involving the establishment or
consolidation of a joint base.''.
______

SA 2973. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 1070. SENSE OF CONGRESS ON EQUIPMENT FOR THE NATIONAL
GUARD TO DEFEND THE HOMELAND.

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

[[Page S11880]]

Air National Guard should have sufficient equipment available
to accomplish their missions inside the United States and to
protect the homeland.
______

SA 2974. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 143. SENSE OF CONGRESS ON THE AIR FORCE STRATEGY FOR THE
REPLACEMENT OF THE AERIAL REFUELING TANKER
AIRCRAFT FLEET.

It is the sense of Congress that--
(1) the timely modernization of the Air Force aerial
refueling tanker fleet is a vital national security priority;
and
(2) in furtherance of meeting this priority, the Secretary
of the Air Force has initiated, and Congress approves of, a
comprehensive strategy for replacing the aerial refueling
tanker aircraft fleet, which includes the following elements:
(A) Replacement of the aging tanker aircraft fleet with
newer and improved capabilities under the KC-X program of
record which supports the tanker replacement strategy,
through the purchase of new commercial derivative aircraft.
(B) Sustainment and extension of the legacy tanker aircraft
fleet until replacement through depot-type modifications and
upgrades of KC-135 aircraft and KC-10 aircraft.
(C) Augmentation of the aerial refueling capability through
aerial refueling Fee-for-Service.
______

SA 2975. Mr. GRAHAM (for himself and Mr. Kerry) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place insert:
The Secretary of Defense shall report with in 60 days of
enactment of this Act to House Armed Services Committee and
the Senate Armed Services Committee on the status of
implementing section 552 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (P.L. 109-364) related
to the application of the Uniform Code of Military Justice to
military contractors during a time of war or a contingency
operation.
______

SA 2976. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place insert:

SEC. (__). COMPETITION FOR THE PROCUREMENT OF INDIVIDUAL
WEAPONS.

(a) Service Certification.--Not later than March 1, 2008
each military service shall certify new requirements for
individual weapons that take into account lessons learned
from combat operations.
(b) Joint Requirements Oversight Council (JROC)
Certification.--Not later than June I, 2008 the JROC shall
certify individual weapon calibers that best satisfy the
requirements described in (a).
(b) Competition Required.--Each military service shall
rapidly conduct full and open competitions for procurements
to fulfill the requirements described in (a) and (b).
(c) Procurements Covered.--This section applies to the
procurement of individual weapons less than .50 caliber (to
include shotguns).
______

SA 2977. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

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

(a) Authority To Provide Allowances.--
(1) Authority.--In order to recruit and retain highly
qualified Department of Defense physicians and Department of
Defense health care professionals, the Secretary of Defense
may, subject to the provisions of this section, enter into a
service agreement with a current or new Department of Defense
physician or a Department of Defense health care professional
which provides for such physician or health care professional
to complete a specified period of service in the Department
of Defense in return for an allowance for the duration of
such agreement in an amount to be determined by the Secretary
and specified in the agreement, but not to exceed--
(A) in the case of a Department of Defense physician--
(i) $25,000 per annum if, at the time the agreement is
entered into, the Department of Defense physician has served
as a Department of Defense physician for 24 months or less;
or
(ii) $40,000 per annum if the Department of Defense
physician has served as a Department of Defense physician for
more than 24 months; and
(B) in the case of a Department of Defense health care
professional--
(i) an amount up to $5,000 per annum if, at the time the
agreement is entered into, the Department of Defense health
care professional has served as a Department of Defense
health care professional for less than 10 years;
(ii) an amount up to $10,000 per annum if, at the time the
agreement is entered into, the Department of Defense health
care professional has served as a Department of Defense
health care professional for at least 10 years but less than
18 years; or
(iii) an amount up to $15,000 per annum if, at the time the
agreement is entered into, the Department of Defense health
care professional has served as a Department of Defense
health care professional for 18 years or more.
(2) Treatment of certain service.--(A) For the purpose of
determining length of service as a Department of Defense
physician, service as a physician under section 4104 or 4114
of title 38, United States Code, or active service as a
medical officer in the commissioned corps of the Public
Health Service under title II of the Public Health Service
Act (42 U.S.C. 202 et seq.) shall be deemed service as a
Department of Defense physician.
(B) For the purpose of determining length of service as a
Department of Defense health care professional, service as a
nonphysician health care provider, psychologist, or social
worker while serving as an officer described under section
302c(d)(1) of title 37, United States Code, shall be deemed
service as a Department of Defense health care professional.
(b) Certain Physicians and Professionals Ineligible.--An
allowance may not be paid under this section to any physician
or health care professional who--
(1) is employed on less than a half-time or intermittent
basis;
(2) occupies an internship or residency training position;
or
(3) is fulfilling a scholarship obligation.
(c) Covered Categories of Positions.--The Secretary of
Defense shall determine categories of positions applicable to
physicians and health care professionals within the
Department of Defense with respect to which there is a
significant recruitment and retention problem for purposes of
this section. Only physicians and health care professionals
serving in such positions shall be eligible for an allowance
under this section. The amounts of each such allowance shall
be determined by the Secretary, and shall be the minimum
amount necessary to deal with the recruitment and retention
problem for each such category of physicians and health care
professionals.
(d) Period of Service.--Any agreement entered into by a
physician or health care professional under this section
shall be for a period of service in the Department of Defense
specified in such agreement, which period may not be less
than one year of service or exceed four years of service.
(e) Repayment.--Unless otherwise provided for in the
agreement under subsection (f), an agreement under this
section shall provide that the physician or health care
professional, in the event that such physician or health care
professional voluntarily, or because of misconduct, fails to
complete at least one year of service under such agreement,
shall be required to refund the total amount received under
this section unless the Secretary of Defense determines that
such failure is necessitated by circumstances beyond the
control of the physician or health care professional.
(f) Termination of Agreement.--Any agreement under this
section shall specify the terms under which the Secretary of
Defense and the physician or health care professional may
elect to terminate such agreement, and the amounts, if any,
required to be refunded by the physician or health care
professional for each reason for termination.
(g) Construction With Other Authorities.--
(1) Allowance not treatable as basic pay.--An allowance
paid under this section shall not be considered as basic pay
for the purposes of subchapter VI and section 5595 of chapter
55 of title 5, United States Code, chapter 81 or 87 of such
title, or other benefits related to basic pay.
(2) Payment.--Any allowance under this section for a
Department of Defense physician or Department of Defense
health care professional shall be paid in the same manner and
at the same time as the basic pay of

[[Page S11881]]

the physician or health care professional is paid.
(3) Construction with certain authority.--The authority to
pay allowances under this section may not be exercised
together with the authority in section 5948 of title 5,
United States Code.
(h) Annual Report.--
(1) Annual report.--Not later than June 30 each year, the
Secretary of Defense shall submit to the appropriate
committees of Congress a written report on the operation of
this section during the preceding year. Each report shall
include--
(A) with respect to the year covered by such report,
information as to--
(i) the nature and extent of the recruitment or retention
problems justifying the use by the Department of Defense of
the authority under this section;
(ii) the number of physicians and health care professionals
with whom agreements were entered into by the Department of
Defense;
(iii) the size of the allowances and the duration of the
agreements entered into; and
(iv) the degree to which the recruitment or retention
problems referred to in clause (i) were alleviated under this
section; and
(B) such recommendations as the Secretary considers
appropriate for actions (including legislative actions) to
improve or enhance the authorities in this section to achieve
the purpose specified in subsection (a)(1).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committees on Armed Services and Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committees on Armed Services and Homeland Security
of the House of Representatives.
(i) Definitions.--In this section:
(1) The term ``Department of Defense health care
professional'' means any individual employed by the
Department of Defense who is a qualified health care
professional employed as a health care professional and paid
under any provision of law specified in subparagraphs (A)
through (G) of paragraph (2).
(2) The term ``Department of Defense physician'' means any
individual employed by the Department of Defense as a
physician or dentist who is paid under a provision or
provisions of law as follows:
(A) Section 5332 of title 5, United States Code, relating
to the General Schedule.
(B) Subchapter VIII of chapter 53 of title 5, United States
Code, relating to the Senior Executive Service.
(C) Section 5371 of title 5, United States Code, relating
to certain health care positions.
(D) Section 5376 of title 5, United States Code, relating
to certain senior-level positions.
(E) Section 5377 of title 5, United States Code, relating
to critical positions.
(F) Subchapter IX of chapter 53 of title 5, United States
Code, relating to special occupational pay systems.
(G) Section 9902 of title 5, United States Code, relating
to the National Security Personnel System.
(3) The term ``qualified health care professional'' means
any individual who is--
(A) a psychologist who meets the Office of Personnel
Management Qualification Standards for the Occupational
Series of Psychologist as required by the position to be
filled;
(B) a nurse who meets the applicable Office of Personnel
Management Qualification Standards for the Occupational
Series of Nurse as required by the position to be filled;
(C) a nurse anesthetist who meets the applicable Office of
Personnel Management Qualification Standards for the
Occupational Series of Nurse as required by the position to
be filled;
(D) a physician assistant who meets the applicable Office
of Personnel Management Qualification Standards for the
Occupational Series of Physician Assistant as required by the
position to be filled;
(E) a social worker who meets the applicable Office of
Personnel Management Qualification Standards for the
Occupational Series of Social Worker as required by the
position to be filled; or
(F) any other health care professional designated by the
Secretary of Defense for purposes of this section.
(j) Termination.--No agreement may be entered into under
this section after September 30, 2012.
______

SA 2978. Mr. CHAMBLISS (for himself, Mr. Pryor, and Mr. Isakson)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title 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 transactions carried out by
the Department of Defense that are behind schedule or in
default.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A list of current housing privatization transactions
carried out by the Department of Defense that are behind
schedule or in default.
(2) In each case in which a transaction is behind schedule
or in default, a description of --
(A) the reasons for schedule delays, cost overruns, or
default;
(B) how 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, are bearing
financial risk for the project, and to what extent;
(E) the remedies available to the Federal Government to
restore the transaction to schedule or ensure completion of
the terms of the transaction in question at the earliest
possible time;
(F) the extent to which the Federal Government has the
ability to affect 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 transaction 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 the opportunities for
the Federal Government to ensure that all terms of the
transaction are completed according to the original schedule
and budget.
______

SA 2979. Mr. HAGEL (for himself, Mr. Byrd) 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 III, add the following:

SEC. 358. SENSE OF CONGRESS ON FUTURE USE OF SYNTHETIC FUELS
IN MILITARY SYSTEMS.

It is the sense of Congress to encourage the Department of
Defense to continue and accelerate, as appropriate, the
testing and certification of synthetic fuels for use in all
military air, ground, and sea systems.
______

SA 2980. 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. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM
FOR CIVILIAN MENTAL HEALTH PROFESSIONALS.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Assistant Secretary of
Defense for Health Affairs and each of the Surgeons General
of the Armed Forces, shall submit to Congress a report on the
feasibility and advisability of establishing a scholarship
program for civilian mental health professionals.
(b) Elements.--The report shall include the following:
(1) An assessment of a potential scholarship program that
provides certain educational funding to students seeking a
career in mental health services in exchange for service in
the Department of Defense.
(2) An assessment of current scholarship programs which may
be expanded to include mental health professionals.
(3) Recommendations regarding the establishment or
expansion of scholarship programs for mental health
professionals.
(4) A plan to implement, or reasons for not implementing,
recommendations that will increase mental health staffing
across the Department of Defense.
______

SA 2981. Mr. DOMENICI submitted an amendment intended to be proposed
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin)
to

[[Page S11882]]

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 530, between lines 10 and 11, insert the following:

SEC. 3126. EVALUATION OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION STRATEGIC PLAN FOR ADVANCED
COMPUTING.

(a) In General.--The Secretary of Energy shall--
(1) enter into an agreement with an independent entity to
conduct an evaluation of the strategic plan for advanced
computing of the National Nuclear Security Administration;
and
(2) not later than 180 days after the date of the enactment
of this Act, submit to the congressional defense committees a
report containing the results of evaluation described in
paragraph (1).
(b) Elements.--The evaluation described in subsection
(a)(1) shall include the following:
(1) An assessment of--
(A) the role of research into, and development of, high-
performance computing supported by the National Nuclear
Security Administration in maintaining the leadership of the
United States in high-performance computing; and
(B) any impact of reduced investment by the National
Nuclear Security Administration in such research and
development.
(2) An assessment of the ability of the National Nuclear
Security Administration to utilize the high-performance
computing capability of the Department of Energy and National
Nuclear Security Administration national laboratories to
support the Stockpile Stewardship Program and nonweapons
modeling and calculations.
(3) An assessment of the effectiveness of the Department of
Energy and the National Nuclear Security Administration in
sharing high-performance computing developments with private
industry and capitalizing on innovations in private industry
in high-performance computing.
(4) A description of the strategy of the Department of
Energy for developing an extaflop computing capability.
(5) An assessment of the efforts of the Department of
Energy to--
(A) coordinate high-performance computing work within the
Department, in particular among the Office of Science, the
National Nuclear Security Administration, and the Office of
Energy Efficiency and Renewable Energy; and
(B) develop joint strategies with other Federal Government
agencies and private industry groups for the development of
high-performance computing.
______

SA 2982. Mr. COLEMAN (for himself, Mr. Inouye, and Mr. Domenici)
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. AUTHORITY FOR SPECIAL REIMBURSEMENT RATES FOR
MENTAL HEALTH CARE SERVICES UNDER THE TRICARE
PROGRAM.

(a) Authority.--Section 1079(h)(5) of title 10, United
States Code, is amended in the first sentence by inserting
``, including mental health care services,'' after ``health
care services''.
(b) Report on Access to Mental Health Care Services.--Not
later than one year 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 adequacy of access to mental
health services under the TRICARE program, including in the
geographic areas where surveys on the continued viability of
TRICARE Standard and TRICARE Extra are conducted under
section 702 of this Act.
______

SA 2983. Mr. COLEMAN (for himself, and Ms. Collins) 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. 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
90 days after the balance of funds appropriated or otherwise
made available for the reconstruction of Iraq is less than
$250,000,000.''.
(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 2984. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. NATIONAL CENTER FOR HUMAN PERFORMANCE.

The scientific institute to perform research and education
in medicine and related sciences to enhance human performance
that is located at the Texas Medical Center shall hereafter
be known as the ``National Center for Human Performance''.
______

SA 2985. Mr. ROCKEFELLER (for himself and Mr. Bond) 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, add the following:

DIVISION D--INTELLIGENCE AUTHORIZATIONS

SEC. 4001. SHORT TITLE.

This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2008''.

TITLE XLI--INTELLIGENCE ACTIVITIES

SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
(16) The Drug Enforcement Administration.

SEC. 4102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 4101, and
the authorized personnel levels (expressed as full-time
equivalent positions) as of September 30, 2008, for the
conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations
prepared to accompany the conference report on the bill ___
of the One Hundred Tenth Congress.

[[Page S11883]]

(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.

SEC. 4103. PERSONNEL LEVEL ADJUSTMENTS.

(a) Authority for Adjustments.--With the approval of the
Director of the Office of Management and Budget, the Director
of National Intelligence may authorize employment of civilian
personnel in excess of the number of authorized full-time
equivalent positions for fiscal year 2008 under section 4102
when the Director of National Intelligence determines that
such action is necessary to the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such
section may not, for any element of the intelligence
community, exceed 5 percent of the number of civilian
personnel authorized under such section for such element.
(b) Authority for Conversion of Activities Performed by
Contractors.--In addition to the authority in subsection (a),
upon a determination by the head of an element in the
intelligence community that activities currently being
performed by contractor employees should be performed by
government employees, the concurrence of the Director of
National Intelligence in such determination, and the approval
of the Director of the Office of Management and Budget, the
Director of National Intelligence may authorize employment of
additional full-time equivalent personnel in such element of
the intelligence community equal to the number of full-time
equivalent contractor employees performing such activities.
(c) Notice to Intelligence Committees.--The Director of
National Intelligence shall notify the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives in writing at
least 15 days before each exercise of the authority in
subsection (a) or (b).

SEC. 4104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2008 the sum of $715,076,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 4102(a) for advanced research and
development shall remain available until September 30, 2009.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 1768 full-time
equivalent personnel as of September 30, 2008. Personnel
serving in such elements may be permanent employees of the
Intelligence Community Management Account or personnel
detailed from other elements of the United States Government.
(c) Construction of Authorities.--The authorities available
to the Director of National Intelligence under section 4103
are also available to the Director for the adjustment of
personnel levels in elements within the Intelligence
Community Management Account.
(d) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2008 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 4102(a).
Such additional amounts for research and development shall
remain available until September 30, 2009.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2008, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.

SEC. 4105. INCORPORATION OF REPORTING REQUIREMENTS.

(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the
joint explanatory statement to accompany the conference
report on the bill ___ of the One Hundred Tenth Congress, or
in the classified annex to this Act, is hereby incorporated
into this Act, and is hereby made a requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.

SEC. 4106. DEVELOPMENT AND ACQUISITION PROGRAM.

(a) Transfer of Funds.--Of the funds appropriated for the
National Intelligence Program for fiscal year 2008, and of
funds currently available for obligation for any prior fiscal
year, the Director of National Intelligence shall transfer
not less than the amount specified in the classified annex to
the Office of the Director of National Intelligence to fund
the development and acquisition of the program specified in
the classified annex.
(b) Availability of Funds.--The funds transferred under
subsection (a) shall be available as follows:
(1) In the case of funds transferred from funds currently
available for obligation for any fiscal year before fiscal
year 2008, for the time of availability as originally
appropriated.
(2) In the case of funds transferred from funds
appropriated for fiscal year 2008, without fiscal year
limitation.

TITLE XLII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM

SEC. 4201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2008 the sum of $262,500,000.

SEC. 4202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT
PROVISION OF CENTRAL INTELLIGENCE AGENCY
RETIREMENT ACT.

Section 235(b)(1)(A) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2055(b)(1)(A)) is amended by
striking ``receiving compensation under the Senior
Intelligence Service pay schedule at the rate'' and inserting
``who is at the Senior Intelligence Service rank''.

TITLE XLIII--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 4301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.

SEC. 4302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.

SEC. 4303. CLARIFICATION OF DEFINITION OF INTELLIGENCE
COMMUNITY UNDER THE NATIONAL SECURITY ACT OF
1947.

Subparagraph (L) of section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)) is amended by striking
``other'' the second place it appears.

SEC. 4304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON
CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.

(a) Delegation of Authority.--Section 116(b) of the
National Security Act of 1947 (50 U.S.C. 404k(b)) is
amended--
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), by striking ``may only delegate'' and
all that follows and inserting ``may delegate the authority
in subsection (a) to the head of any other element of the
intelligence community.''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community
to whom the authority in subsection (a) is delegated pursuant
to paragraph (1) may further delegate such authority to such
senior officials of such element as are specified in
guidelines prescribed by the Director of National
Intelligence for purposes of this paragraph.''.
(b) Submittal of Guidelines to Congress.--Not later than
six months after the date of the enactment of this Act, the
Director of National Intelligence shall prescribe and submit
to the congressional intelligence committees the guidelines
referred to in paragraph (2) of section 116(b) of the
National Security Act of 1947, as added by subsection (a).
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.

SEC. 4305. MODIFICATION OF AVAILABILITY OF FUNDS FOR
DIFFERENT INTELLIGENCE ACTIVITIES.

Subparagraph (B) of section 504(a)(3) of the National
Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read
as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.

SEC. 4306. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER
INTELLIGENCE OFFICERS AND AGENTS.

(a) Disclosure of Agent After Access to Information
Identifying Agent.--Subsection (a) of section 601 of the
National Security Act of 1947 (50 U.S.C. 421) is amended by
striking ``ten years'' and inserting ``15 years''.
(b) Disclosure of Agent After Access to Classified
Information.--Subsection (b) of such section is amended by
striking ``five years'' and inserting ``ten years''.

SEC. 4307. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY
TO DELETE INFORMATION ABOUT RECEIPT AND
DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

Paragraph (4) of section 7342(f) of title 5, United States
Code, is amended to read as follows:

[[Page S11884]]

``(4)(A) In transmitting such listings for an element of
the intelligence community, the head of such element may
delete the information described in subparagraphs (A) and (C)
of paragraphs (2) and (3) if the head of such element
certifies in writing to the Secretary of State that the
publication of such information could adversely affect United
States intelligence sources or methods.
``(B) Any information not provided to the Secretary of
State pursuant to the authority in subparagraph (A) shall be
transmitted to the Director of National Intelligence.
``(C) In this paragraph, the term `element of the
intelligence community' means an element of the intelligence
community listed in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).''.

SEC. 4308. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE DETAILS
TO ELEMENTS OF THE INTELLIGENCE COMMUNITY.

(a) In General.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h) and section
904(g)(2) of the Counterintelligence Enhancement Act of 2002
(title IX of Public Law 107-306; 50 U.S.C. 402c(g)(2)) and
notwithstanding any other provision of law, in any fiscal
year after fiscal year 2007 an officer or employee of the
United States or member of the Armed Forces may be detailed
to the staff of an element of the intelligence community
funded through the Community Management Account from another
element of the United States Government on a reimbursable or
non-reimbursable basis, as jointly agreed to by the Director
of National Intelligence and the head of the detailing
element (or the designees of such officials), for a period
not to exceed three years.
(b) Element of the Intelligence Community Defined.--In this
section, the term ``element of the intelligence community''
means an element of the intelligence community listed in or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).

SEC. 4309. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF
2005 AND RELATED PROVISIONS OF THE MILITARY
COMMISSIONS ACT OF 2006.

(a) Report Required.--Not later than December 1, 2007, the
Director of National Intelligence shall submit to the
congressional intelligence committees a comprehensive report
on all measures taken by the Office of the Director of
National Intelligence and by each element, if any, of the
intelligence community with relevant responsibilities to
comply with the provisions of the Detainee Treatment Act of
2005 (title X of division A of Public Law 109-148) and
related provisions of the Military Commissions Act of 2006
(Public Law 109-366).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (119 Stat.
2739; 42 U.S.C. 2000dd) and section 6 of the Military
Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note)
(including the amendments made by such section 6), and, with
respect to each such method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued pursuant to
the Detainee Treatment Act of 2005 or the Military Commission
Act of 2006, and, with respect to each such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to
each such action--
(A) an identification of the official taking such action;
and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of the Detainee Treatment
Act of 2005 and related provisions of the Military
Commissions Act of 2006.
(5) An appendix containing--
(A) all guidelines for the application of the Detainee
Treatment Act of 2005 and related provisions of the Military
Commissions Act of 2006 to the detention or interrogation
activities, if any, of any element of the intelligence
community; and
(B) all legal justifications of any office or official of
the Department of Justice about the meaning or application of
Detainee Treatment Act of 2005 or related provisions of the
Military Commissions Act of 2006 with respect to the
detention or interrogation activities, if any, of any element
of the intelligence community.
(c) Form.--The report required by subsection (a) shall be
submitted in classified form.
(d) Submission to the Congressional Armed Services
Committees.--To the extent that the report required by
subsection (a) addresses an element of the intelligence
community within the Department of Defense, that portion of
the report, and any associated material that is necessary to
make that portion understandable, shall also be submitted by
the Director of National Intelligence to the congressional
armed services committees.
(e) Definitions.--In this section:
(1) The term ``congressional armed services committees''
means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(3) The term ``element of the intelligence community''
means the elements 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)).

SEC. 4310. TERMS OF SERVICE OF PROGRAM MANAGER FOR THE
INFORMATION SHARING ENVIRONMENT AND THE
INFORMATION SHARING COUNCIL.

Section 1016 of the National Security Intelligence Reform
Act of 2004 (title I of Public Law 108-458; 6 U.S.C. 485) is
amended--
(1) in subsection (f)(1), by striking ``during the two-year
period beginning on the date of designation under this
paragraph unless sooner'' and inserting ``until''; and
(2) in subsection (g)(1), by striking ``during the two-year
period beginning on the date of the initial designation of
the program manager by the President under subsection (f)(1),
unless sooner'' and inserting ``until''.

SEC. 4311. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 506A the following new section:

``VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

``Sec. 506B.  (a) Initial Vulnerability Assessments.--The
Director of National Intelligence shall conduct an initial
vulnerability assessment for any major system and its items
of supply, that is proposed for inclusion in the National
Intelligence Program. The initial vulnerability assessment of
a major system and its items of supply shall, at a minimum,
use an analysis-based approach to--
``(1) identify applicable vulnerabilities;
``(2) define exploitation potential;
``(3) examine the system's potential effectiveness;
``(4) determine overall vulnerability; and
``(5) make recommendations for risk reduction.
``(b) Subsequent Vulnerability Assessments.--(1) The
Director of National Intelligence shall conduct subsequent
vulnerability assessments of each major system and its items
of supply within the National Intelligence Program--
``(A) periodically throughout the life-span of the major
system;
``(B) whenever the Director determines that a change in
circumstances warrants the issuance of a subsequent
vulnerability assessment; or
``(C) upon the request of a congressional intelligence
committee.
``(2) Any subsequent vulnerability assessment of a major
system and its items of supply shall, at a minimum, use an
analysis-based approach and, if applicable, a testing-based
approach, to monitor the exploitation potential of such
system and reexamine the factors described in paragraphs (1)
through (5) of subsection (a).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the
vulnerability assessments prepared for a given major system
when developing and determining the annual consolidated
National Intelligence Program budget.
``(d) Congressional Oversight.--(1) The Director of
National Intelligence shall provide to the congressional
intelligence committees a copy of each vulnerability
assessment conducted under subsection (a) or (b) not later
than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide
the congressional intelligence committees with a proposed
schedule for subsequent vulnerability assessments of a major
system under subsection (b) when providing such committees
with the initial vulnerability assessment under subsection
(a) of such system as required by subsection (d).
``(e) Definitions.--In this section:
``(1) The term `items of supply'--
``(A) means any individual part, component, subassembly,
assembly, or subsystem integral to a major system, and other
property which may be replaced during the service life of the
major system, including spare parts and replenishment parts;
and
``(B) does not include packaging or labeling associated
with shipment or identification of items.
``(2) The term `major system' has the meaning given that
term in section 506A(e).
``(3) The term `vulnerability assessment' means the process
of identifying and quantifying vulnerabilities in a major
system and its items of supply.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 506A the
following:

[[Page S11885]]

``Sec. 506B. Vulnerability assessments of major systems.''.

SEC. 4312. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.

(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 4311, is
further amended by inserting after section 506B, as added by
section 4311(a), the following new section:

``ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY

``Sec. 506C.  (a) Requirement to Provide.--The Director of
National Intelligence shall, in consultation with the head of
the element of the intelligence community concerned, prepare
an annual personnel level assessment for such element of the
intelligence community that assesses the personnel levels for
each such element for the fiscal year following the fiscal
year in which the assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a)
shall be submitted to the congressional intelligence
committees not later than January 31, of each year.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain, at a minimum,
the following information for the element of the intelligence
community concerned:
``(1) The budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the
prior 5 fiscal years.
``(4) The number of personnel positions requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
of the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of
contractors to be funded by the element for the upcoming
fiscal year.
``(8) The numerical and percentage increase or decrease of
such costs of contractors as compared to the best estimate of
the costs of contractors of the current fiscal year.
``(9) The numerical and percentage increase or decrease of
such costs of contractors as compared to the cost of
contractors, and the number of contractors, during the prior
5 fiscal years.
``(10) A written justification for the requested personnel
and contractor levels.
``(11) A statement by the Director of National Intelligence
that, based on current and projected funding, the element
concerned will have sufficient--
``(A) internal infrastructure to support the requested
personnel and contractor levels;
``(B) training resources to support the requested personnel
levels; and
``(C) funding to support the administrative and operational
activities of the requested personnel levels.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by section 4311(b), is
further amended by inserting after the item relating to
section 506B, as added by section 4311(b), the following new
item:

``Sec. 506C. Annual personnel levels assessment for the intelligence
community.''.

SEC. 4313. BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS
SYSTEM MODERNIZATION FOR THE INTELLIGENCE
COMMUNITY.

(a) Business Enterprise Architecture and Business System
Modernization.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 4311 and
4312, is further amended by inserting after section 506C, as
added by section 4312(a), the following new section:

``INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, ARCHITECTURE,
ACCOUNTABILITY, AND MODERNIZATION

``Sec. 506D.  (a) Limitation on Obligation of Funds for
Intelligence Community Business System Modernization.--(1)
After April 1, 2008, no funds appropriated to any element of
the intelligence community may be obligated for an
intelligence community business system modernization
described in paragraph (2) unless--
``(A) the approval authority designated by the Director of
National Intelligence under subsection (c)(2) makes the
certification described in paragraph (3) with respect to the
intelligence community business system modernization; and
``(B) the certification is approved by the Intelligence
Community Business Systems Management Committee established
under subsection (f).
``(2) An intelligence community business system
modernization described in this paragraph is an intelligence
community business system modernization that--
``(A) will have a total cost in excess of $1,000,000; and
``(B) will receive more than 50 percent of the funds for
such cost from amounts appropriated for the National
Intelligence Program.
``(3) The certification described in this paragraph for an
intelligence community business system modernization is a
certification, made by the approval authority designated by
the Director under subsection (c)(2) to the Intelligence
Community Business Systems Management Committee, that the
intelligence community business system modernization--
``(A) complies with the enterprise architecture under
subsection (b); or
``(B) is necessary--
``(i) to achieve a critical national security capability or
address a critical requirement in an area such as safety or
security; or
``(ii) to prevent a significant adverse effect on a project
that is needed to achieve an essential capability, taking
into consideration the alternative solutions for preventing
such adverse effect.
``(4) The obligation of funds for an intelligence community
business system modernization that does not comply with the
requirements of this subsection shall be treated as a
violation of section 1341(a)(1)(A) of title 31, United States
Code.
``(b) Enterprise Architecture for Intelligence Community
Business Systems.--(1) The Director of National Intelligence
shall, acting through the Intelligence Community Business
Systems Management Committee established under subsection
(f), develop and implement an enterprise architecture to
cover all intelligence community business systems, and the
functions and activities supported by such business systems.
The enterprise architecture shall be sufficiently defined to
effectively guide, constrain, and permit implementation of
interoperable intelligence community business system
solutions, consistent with applicable policies and procedures
established by the Director of the Office of Management and
Budget.
``(2) The enterprise architecture under paragraph (1) shall
include the following:
``(A) An information infrastructure that, at a minimum,
will enable the intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and reliable
financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business
System Modernization.--(1) The Director of National
Intelligence shall be responsible for review, approval, and
oversight of the planning, design, acquisition, deployment,
operation, and maintenance of an intelligence community
business system modernization if more than 50 percent of the
cost of the intelligence community business system
modernization is funded by amounts appropriated for the
National Intelligence Program.
``(2) The Director shall designate one or more appropriate
officials of the intelligence community to be responsible for
making certifications with respect to intelligence community
business system modernizations under subsection (a)(3).
``(d) Intelligence Community Business System Investment
Review.--(1) The approval authority designated under
subsection (c)(2) shall establish and implement, not later
than March 31, 2008, an investment review process for the
review of the planning, design, acquisition, development,
deployment, operation, maintenance, modernization, and
project cost, benefits, and risks of the intelligence
community business systems for which the approval authority
is responsible.
``(2) The investment review process under paragraph (1)
shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
approval authority under such review process.
``(3) The investment review process under paragraph (1)
shall include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the
intelligence community) of each intelligence community
business system as an investment before the obligation of
funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(3).
``(E) Mechanisms to ensure the consistency of the
investment review process with applicable guidance issued by
the Director of National Intelligence and the Intelligence
Community Business Systems Management Committee established
under subsection (f).
``(F) Common decision criteria, including standards,
requirements, and priorities, for purposes of ensuring the
integration of intelligence community business systems.
``(e) Budget Information.--For each fiscal year after
fiscal year 2009, the Director of

[[Page S11886]]

National Intelligence shall include in the materials the
Director submits to Congress in support of the budget for
such fiscal year that is submitted to Congress under section
1105 of title 31, United States Code, the following
information:
``(1) An identification of each intelligence community
business system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and maintain
such system; and
``(B) funds for business systems modernization identified
for each specific appropriation.
``(3) For each such system, identification of approval
authority designated for such system under subsection (c)(2).
``(4) The certification, if any, made under subsection
(a)(3) with respect to each such system.
``(f) Intelligence Community Business Systems Management
Committee.--(1) The Director of National Intelligence shall
establish an Intelligence Community Business Systems
Management Committee (in this subsection referred to as the
`Committee').
``(2) The Committee shall--
``(A) recommend to the Director policies and procedures
necessary to effectively integrate all business activities
and any transformation, reform, reorganization, or process
improvement initiatives undertaken within the intelligence
community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed under
subsection (b); and
``(ii) any plans for an intelligence community business
systems modernization;
``(C) manage cross-domain integration consistent with such
enterprise architecture;
``(D) be responsible for coordinating initiatives for
intelligence community business system modernization to
maximize benefits and minimize costs for the intelligence
community, and periodically report to the Director on the
status of efforts to carry out an intelligence community
business system modernization;
``(E) ensure that funds are obligated for intelligence
community business system modernization in a manner
consistent with subsection (a); and
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--
Nothing in this section shall be construed to alter the
requirements of section 8083 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 989),
with regard to information technology systems (as defined in
subsection (d) of such section).
``(h) Relation to Defense Business Systems Architecture,
Accountability, and Modernization Requirements.--An
intelligence community business system that receives more
than 50 percent of its funds from amounts available for the
National Intelligence Program shall be exempt from the
requirements of section 2222 of title 10, United States Code.
``(i) Relation to Clinger-Cohen Act.--(1) The Director of
National Intelligence and the Chief Information Officer of
the Intelligence Community shall fulfill the executive agency
responsibilities in chapter 113 of title 40, United States
Code, for any intelligence community business system that
receives more than 50 percent of its funding from amounts
appropriated for National Intelligence Program.
``(2) Any intelligence community business system covered by
paragraph (1) shall be exempt from the requirements of such
chapter 113 that would otherwise apply to the executive
agency that contains the element of the intelligence
community involved.
``(j) Reports.--Not later than March 15 of each of 2009
through 2014, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
on the compliance of the intelligence community with the
requirements of this section. Each such report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
``(B) specific actions on the intelligence community
business system modernizations submitted for certification
under such subsection;
``(2) identify the number of intelligence community
business system modernizations that received a certification
described in subsection (a)(3)(B); and
``(3) describe specific improvements in business operations
and cost savings resulting from successful intelligence
community business systems modernization efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
``(2) The terms `information system' and `information
technology' have the meanings given those terms in section
11101 of title 40, United States Code.
``(3) The term `intelligence community business system'
means an information system, other than a national security
system, that is operated by, for, or on behalf of the
intelligence community, including financial systems, mixed
systems, financial data feeder systems, the business
infrastructure capabilities shared by the systems of the
business enterprise architecture that build upon the core
infrastructure, used to support business activities, such as
acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment, and
human resource management
``(4) The term `intelligence community business system
modernization' means--
``(A) the acquisition or development of a new intelligence
community business system; or
``(B) any significant modification or enhancement of an
existing intelligence community business system (other than
necessary to maintain current services).
``(5) The term `national security system' has the meaning
given that term in section 3542 of title 44, United States
Code.''.
(2) Clerical amendment.--The table of contents in the first
section of that Act, as amended by section 4311 and 4312, is
further amended by inserting after the item relating to
section 506C, as added by section 4312(b) the following new
item:

``Sec. 506D. Intelligence community business systems, architecture,
accountability, and modernization.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(A) complete the delegation of responsibility for the
review, approval, and oversight of the planning, design,
acquisition, deployment, operation, maintenance, and
modernization of intelligence community business systems
required by subsection (c) of section 506D of the National
Security Act of 1947 (as added by subsection (a)); and
(B) designate a vice chairman and personnel to serve on the
Intelligence Community Business System Management Committee
established under subsection (f) of such section 506D (as so
added).
(2) Enterprise architecture.--The Director shall develop
the enterprise architecture required by subsection (b) of
such section 506D (as so added) by not later than March 1,
2008. In so developing the enterprise architecture, the
Director shall develop an implementation plan for the
architecture, including the following:
(A) The acquisition strategy for new systems that are
expected to be needed to complete the enterprise
architecture, including specific time-phased milestones,
performance metrics, and a statement of the financial and
nonfinancial resource needs.
(B) An identification of the intelligence community
business systems in operation or planned as of December 31,
2006, that will not be a part of the enterprise architecture,
together with the schedule for the phased termination of the
utilization of any such systems.
(C) An identification of the intelligence community
business systems in operation or planned as of December 31,
2006, that will be a part of the enterprise architecture,
together with a strategy for modifying such systems to ensure
that such systems comply with such enterprise architecture.

SEC. 4314. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.

(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 4311
through 4313, is further amended by inserting after section
506D, as added by section 4313(a)(1), the following new
section:

``REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

``Sec. 506E.  (a) Annual Reports Required.--(1) The
Director of National Intelligence shall submit to the
congressional intelligence committees each year, at the same
time the budget of the President for the fiscal year
beginning in such year is submitted to Congress pursuant to
section 1105 of title 31, United States Code, a separate
report on each acquisition of a major system by an element of
the intelligence community.
``(2) Each report under this section shall be known as a
`Report on the Acquisition of Major Systems'.
``(b) Elements.--Each report under this section shall
include, for the acquisition of a major system, information
on the following:
``(1) The current total anticipated acquisition cost for
such system, and the history of such cost from the date the
system was first included in a report under this section to
the end of the calendar quarter immediately proceeding the
submittal of the report under this section.
``(2) The current anticipated development schedule for the
system, including an estimate of annual development costs
until development is completed.
``(3) The current anticipated procurement schedule for the
system, including the best estimate of the Director of
National Intelligence of the annual costs and units to be
procured until procurement is completed.
``(4) A full life-cycle cost analysis for such system.
``(5) The result of any significant test and evaluation of
such major system as of the date of the submittal of such
report, or, if a significant test and evaluation has not been
conducted, a statement of the reasons therefor and the
results of any other test and evaluation that has been
conducted of such system.
``(6) The reasons for any change in acquisition cost, or
schedule, for such system from the previous report under this
section (if applicable).

[[Page S11887]]

``(7) The significant contracts or subcontracts related to
the major system.
``(8) If there is any cost or schedule variance under a
contract referred to in paragraph (7) since the previous
report under this section, the reasons for such cost or
schedule variance.
``(c) Determination of Increase in Costs.--Any
determination of a percentage increase in the acquisition
costs of a major system for which a report is filed under
this section shall be stated in terms of constant dollars
from the first fiscal year in which funds are appropriated
for such contract.
``(d) Definitions.--In this section:
``(1) The term `acquisition cost', with respect to a major
system, means the amount equal to the total cost for
development and procurement of, and system-specific
construction for, such system.
``(2) The term `full life-cycle cost', with respect to the
acquisition of a major system, means all costs of
development, procurement, construction, deployment, and
operation and support for such program, without regard to
funding source or management control, including costs of
development and procurement required to support or utilize
such system.
``(3) The term `major system', has the meaning given that
term in section 506A(e).''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by sections 4311 through
4313, is further amended by inserting after the item relating
to section 506D, as added by section 4313(a)(2), the
following new item:

``Sec. 506E. Reports on the acquisition of major systems.''.

SEC. 4315. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.

(a) Notification.--Title V of the National Security Act of
1947, as amended by sections 4311 through 4314, is further
amended by inserting after section 506E, as added by section
4314(a), the following new section:

``EXCESSIVE COST GROWTH OF MAJOR SYSTEMS

``Sec. 506F.  (a) Cost Increases of at Least 20 Percent.--
(1) On a continuing basis, and separate from the submission
of any report on a major system required by section 506E of
this Act, the Director of National Intelligence shall
determine if the acquisition cost of such major system has
increased by at least 20 percent as compared to the baseline
cost of such major system.
``(2)(A) If the Director determines under paragraph (1)
that the acquisition cost of a major system has increased by
at least 20 percent, the Director shall submit to the
congressional intelligence committees a written notification
of such determination as described in subparagraph (B), a
description of the amount of the increase in the acquisition
cost of such major system, and a certification as described
in subparagraph (C).
``(B) The notification required by subparagraph (A) shall
include--
``(i) an independent cost estimate;
``(ii) the date on which the determination covered by such
notification was made;
``(iii) contract performance assessment information with
respect to each significant contract or sub-contract related
to such major system, including the name of the contractor,
the phase of the contract at the time of the report, the
percentage of work under the contract that has been
completed, any change in contract cost, the percentage by
which the contract is currently ahead or behind schedule, and
a summary explanation of significant occurrences, such as
cost and schedule variances, and the effect of such
occurrences on future costs and schedules;
``(iv) the prior estimate of the full life-cycle cost for
such major system, expressed in constant dollars and in
current year dollars;
``(v) the current estimated full life-cycle cost of such
major system, expressed in constant dollars and current year
dollars;
``(vi) a statement of the reasons for any increases in the
full life-cycle cost of such major system;
``(vii) the current change and the total change, in dollars
and expressed as a percentage, in the full life-cycle cost
applicable to such major system, stated both in constant
dollars and current year dollars;
``(viii) the completion status of such major system
expressed as the percentage--
``(I) of the total number of years for which funds have
been appropriated for such major system compared to the
number of years for which it is planned that such funds will
be appropriated; and
``(II) of the amount of funds that have been appropriated
for such major system compared to the total amount of such
funds which it is planned will be appropriated;
``(ix) the action taken and proposed to be taken to control
future cost growth of such major system; and
``(x) any changes made in the performance or schedule of
such major system and the extent to which such changes have
contributed to the increase in full life-cycle costs of such
major system.
``(C) The certification described in this subparagraph is a
written certification made by the Director and submitted to
the congressional intelligence committees that--
``(i) the acquisition of such major system is essential to
the national security;
``(ii) there are no alternatives to such major system that
will provide equal or greater intelligence capability at
equal or lesser cost to completion;
``(iii) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(iv) the management structure for the acquisition of such
major system is adequate to manage and control full life-
cycle cost of such major system.
``(b) Cost Increases of at Least 40 Percent.--(1) If the
Director of National Intelligence determines that the
acquisition cost of a major system has increased by at least
40 percent as compared to the baseline cost of such major
system, the President shall submit to the congressional
intelligence committees a written certification stating
that--
``(A) the acquisition of such major system is essential to
the national security;
``(B) there are no alternatives to such major system that
will provide equal or greater intelligence capability at
equal or lesser cost to completion;
``(C) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(D) the management structure for the acquisition of such
major system is adequate to manage and control the full life-
cycle cost of such major system.
``(2) In addition to the certification required by
paragraph (1), the Director of National Intelligence shall
submit to the congressional intelligence committees an
updated notification, with current accompanying information,
as required by subsection (a)(2).
``(c) Prohibition on Obligation of Funds.--(1) If a written
certification required under subsection (a)(2)(A) is not
submitted to the congressional intelligence committees within
30 days of the determination made under subsection (a)(1),
funds appropriated for the acquisition of a major system may
not be obligated for a major contract under the program. Such
prohibition on the obligation of funds shall cease to apply
at the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives
the notification required under subsection (a)(2)(A).
``(2) If a written certification required under subsection
(b)(1) is not submitted to the congressional intelligence
committees within 30 days of the determination made under
subsection (b)(1), funds appropriated for the acquisition of
a major system may not be obligated for a major contract
under the program. Such prohibition on the obligation of
funds for the acquisition of a major system shall cease to
apply at the end of the 30-day period of a continuous session
of Congress that begins on the date on which Congress
receives the notification required under subsection (b)(2).
``(d) Definitions.--In this section:
``(1) The term `acquisition cost' has the meaning given
that term in section 506E(d).
``(2) The term `baseline cost', with respect to a major
system, means the projected acquisition cost of such system
on the date the contract for the development, procurement,
and construction of the system is awarded.
``(3) The term `full life-cycle cost' has the meaning given
that term in section 506E(d).
``(4) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(5) The term `major system' has the meaning given that
term in section 506A(e).''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by sections 4311 through 4314
of this Act, is further amended by inserting after the items
relating to section 506E, as added by section 4314(b), the
following new item:

``Sec. 506F. Excessive cost growth of major systems.''.

SEC. 4316. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS
UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.

(a) Inclusion of Certain Orders in Semi-Annual Reports of
Attorney General.--Subsection (a)(5) of section 601 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1871) is amended by striking ``(not including orders)'' and
inserting ``, orders,''.
(b) Reports by Attorney General on Certain Other Orders.--
That section is further amended by adding at the end the
following new subsection:
``(c) The Attorney General shall submit to the committees
of Congress referred to in subsection (a)--
``(1) a copy of any decision, order, or opinion issued by
the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes
significant construction or interpretation of any provision
of this Act, and any pleadings associated with such decision,
order, or opinion, not later than 45 days after such
decision, order, or opinion is issued; and
``(2) a copy of any such decision, order, or opinion, and
the pleadings associated with such decision, order, or
opinion, that was issued during the 5-year period ending on
the date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2008 and not previously submitted in a
report under subsection (a).''.

SEC. 4317. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE
CHANGE.

(a) Requirement for National Intelligence Estimate.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to
Congress a National Intelligence Estimate (NIE) on the
anticipated geopolitical

[[Page S11888]]

effects of global climate change and the implications of such
effects on the national security of the United States.
(2) Notice regarding submittal.--If the Director of
National Intelligence determines that the National
Intelligence Estimate required by paragraph (1) cannot be
submitted by the date specified in that paragraph, the
Director shall notify Congress and provide--
(A) the reasons that the National Intelligence Estimate
cannot be submitted by such date; and
(B) an anticipated date for the submittal of the National
Intelligence Estimate.
(b) Content.--The Director of National Intelligence shall
prepare the National Intelligence Estimate required by this
section using the mid-range projections of the fourth
assessment report of the Intergovernmental Panel on Climate
Change--
(1) to assess the political, social, agricultural, and
economic risks during the 30-year period beginning on the
date of the enactment of this Act posed by global climate
change for countries or regions that are--
(A) of strategic economic or military importance to the
United States and at risk of significant impact due to global
climate change; or
(B) at significant risk of large-scale humanitarian
suffering with cross-border implications as predicted on the
basis of the assessments;
(2) to assess other risks posed by global climate change,
including increased conflict over resources or between ethnic
groups, within countries or transnationally, increased
displacement or forced migrations of vulnerable populations
due to inundation or other causes, increased food insecurity,
and increased risks to human health from infectious disease;
(3) to assess the capabilities of the countries or regions
described in subparagraph (A) or (B) of paragraph (1) to
respond to adverse impacts caused by global climate change;
and
(4) to make recommendations for further assessments of
security consequences of global climate change that would
improve national security planning.
(c) Coordination.--In preparing the National Intelligence
Estimate under this section, the Director of National
Intelligence shall consult with representatives of the
scientific community, including atmospheric and climate
studies, security studies, conflict studies, economic
assessments, and environmental security studies, the
Secretary of Defense, the Secretary of State, the
Administrator of the National Oceanographic and Atmospheric
Administration, the Administrator of the National Aeronautics
and Space Administration, the Administrator of the
Environmental Protection Agency, the Secretary of Energy, and
the Secretary of Agriculture, and, if appropriate,
multilateral institutions and allies of the United States
that have conducted significant research on global climate
change.
(d) Assistance.--
(1) Agencies of the united states.--In order to produce the
National Intelligence Estimate required by subsection (a),
the Director of National Intelligence may request any
appropriate assistance from any agency, department, or other
entity of the United State Government and such agency,
department, or other entity shall provide the assistance
requested.
(2) Other entities.--In order to produce the National
Intelligence Estimate required by subsection (a), the
Director of National Intelligence may request any appropriate
assistance from any other person or entity.
(3) Reimbursement.--The Director of National Intelligence
is authorized to provide appropriate reimbursement to the
head of an agency, department, or entity of the United States
Government that provides support requested under paragraph
(1) or any other person or entity that provides assistance
requested under paragraph (2).
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Director of National Intelligence
such sums as may be necessary to carry out this subsection.
(e) Form.--The National Intelligence Estimate required by
this section shall be submitted in unclassified form, to the
extent consistent with the protection of intelligence sources
and methods, and include unclassified key judgments of the
National Intelligence Estimate. The National Intelligence
Estimate may include a classified annex.
(f) Duplication.--If the Director of National Intelligence
determines that a National Intelligence Estimate, or other
formal, coordinated intelligence product that meets the
procedural requirements of a National Intelligence Estimate,
has been prepared that includes the content required by
subsection (b) prior to the date of the enactment of this
Act, the Director of National Intelligence shall not be
required to produce the National Intelligence Estimate
required by subsection (a).

SEC. 4318. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

(a) Annual Report on Intelligence.--
(1) Repeal.--Section 109 of the National Security Act of
1947 (50 U.S.C. 404d) is repealed.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
striking the item relating to section 109.
(b) Annual and Special Reports on Intelligence Sharing With
the United Nations.--Section 112 of the National Security Act
of 1947 (50 U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Safety and Security of Russian Nuclear
Facilities and Forces.--Section 114 of the National Security
Act of 1947 (50 U.S.C. 404i) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively.
(d) Annual Certification on Counterintelligence
Initiatives.--Section 1102(b) of the National Security Act of
1947 (50 U.S.C. 442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(e) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence
Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is
amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(f) Annual Report on Counterdrug Intelligence Matters.--
Section 826 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2429; 21 U.S.C. 873
note) is repealed.
(g) Semiannual Report on Contributions to Proliferation
Efforts of Countries of Proliferation Concern.--Section 722
of the Combatting Proliferation of Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2369) is repealed.
(h) Conforming Amendments.--Section 507(a) of the National
Security Act of 1947 (50 U.S.C. 415b(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) through (N) as
subparagraphs (A) through (L), respectively; and
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (D);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as redesignated by subparagraph
(B) of this paragraph, by striking ``114(c)'' and inserting
``114(b)''.

TITLE XLIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Office of the Director of National Intelligence

SEC. 4401. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS BY THE
DIRECTOR OF NATIONAL INTELLIGENCE.

(a) Responsibility of the Director of National
Intelligence.--Subsection (b) of section 102 of the National
Security Act of 1947 (50 U.S.C. 403) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``2004,'' and inserting ``2004 (50 U.S.C.
403 note),''; and
(B) by striking the period at the end and inserting a
semicolon and ``and''; and
(3) by inserting after paragraph (3), the following new
paragraph:
``(4) conduct accountability reviews of elements of the
intelligence community and the personnel of such elements, if
appropriate.''.
(b) Tasking and Other Authorities.--Subsection (f) of
section 102A of such Act (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8), as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6), the following new
paragraph:
``(7)(A) The Director of National Intelligence shall, if
the Director determines it is necessary, or may, if requested
by a congressional intelligence committee, conduct
accountability reviews of elements of the intelligence
community or the personnel of such elements in relation to
significant failures or deficiencies within the intelligence
community.
``(B) The Director of National Intelligence, in
consultation with the Attorney General, shall establish
guidelines and procedures for conducting accountability
reviews under subparagraph (A).
``(C) The requirements of this paragraph shall not limit
any authority of the Director of National Intelligence under
subsection (m) or with respect to supervision of the Central
Intelligence Agency.''.

SEC. 4402. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON INTELLIGENCE INFORMATION
SHARING.

(a) Authorities of the Director of National Intelligence.--
Section 102A(g)(1) of the National Security Act of 1947 (50
U.S.C. 403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) in carrying out this subsection, without regard to
any other provision of law (other than this Act and the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458)), expend funds and make funds available
to other department or agencies of the United States for, and
direct the development and fielding of, systems of common
concern related to the collection, processing, analysis,
exploitation, and dissemination of intelligence information;
and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or

[[Page S11889]]

access capabilities, have the authority to transfer funds
appropriated for a program within the National Intelligence
Program to a program funded by appropriations not within the
National Intelligence Program, consistent with paragraphs (3)
through (7) of subsection (d).''.
(b) Authorities of Heads of Other Departments and
Agencies.--Notwithstanding any other provision of law, the
head of any department or agency of the United States is
authorized to receive and utilize funds made available to the
department or agency by the Director of National Intelligence
pursuant to section 102A(g)(1) of the National Security Act
of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection
(a), and receive and utilize any system referred to in such
section that is made available to the department or agency.

SEC. 4403. MODIFICATION OF LIMITATION ON DELEGATION BY THE
DIRECTOR OF NATIONAL INTELLIGENCE OF THE
PROTECTION OF INTELLIGENCE SOURCES AND METHODS.

Section 102A(i)(3) of the National Security Act of 1947 (50
U.S.C. 403-1(i)(3)) is amended by inserting before the period
the following: ``, any Deputy Director of National
Intelligence, or the Chief Information Officer of the
Intelligence Community''.

SEC. 4404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.

Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended by adding at the end the following
new subsection:
``(s) Additional Administrative Authorities.--(1)
Notwithstanding section 1346 of title 31, United States Code,
or any other provision of law prohibiting the interagency
financing of activities described in subparagraph (A) or (B),
upon the request of the Director of National Intelligence,
any element of the intelligence community may use
appropriated funds to support or participate in the
interagency activities of the following:
``(A) National intelligence centers established by the
Director under section 119B.
``(B) Boards, commissions, councils, committees, and
similar groups that are established--
``(i) for a term of not more than two years; and
``(ii) by the Director.
``(2) No provision of law enacted after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2008 shall be construed to limit or supersede the
authority in paragraph (1) unless such provision makes
specific reference to the authority in that paragraph.''.

SEC. 4405. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF
NATIONAL INTELLIGENCE FOR FLEXIBLE PERSONNEL
MANAGEMENT AMONG THE ELEMENTS OF THE
INTELLIGENCE COMMUNITY.

Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1), as amended by section 4404 of this Act, is
further amended by adding at the end the following new
subsections:
``(t) Authority To Establish Positions in Excepted
Service.--(1) The Director of National Intelligence may, with
the concurrence of the head of the department or agency
concerned and in coordination with the Director of the Office
of Personnel Management--
``(A) convert such competitive service positions, and their
incumbents, within an element of the intelligence community
to excepted service positions as the Director of National
Intelligence determines necessary to carry out the
intelligence functions of such element; and
``(B) establish the classification and ranges of rates of
basic pay for positions so converted, notwithstanding
otherwise applicable laws governing the classification and
rates of basic pay for such positions.
``(2)(A) At the request of the Director of National
Intelligence, the head of a department or agency may
establish new positions in the excepted service within an
element of such department or agency that is part of the
intelligence community if the Director determines that such
positions are necessary to carry out the intelligence
functions of such element.
``(B) The Director of National Intelligence may establish
the classification and ranges of rates of basic pay for any
position established under subparagraph (A), notwithstanding
otherwise applicable laws governing the classification and
rates of basic pay for such positions
``(3) The head of the department or agency concerned is
authorized to appoint individuals for service in positions
converted under paragraph (1) or established under paragraph
(2) without regard to the provisions of chapter 33 of title
5, United States Code, governing appointments in the
competitive service, and to fix the compensation of such
individuals within the applicable ranges of rates of basic
pay established by the Director of National Intelligence.
``(4) The maximum rate of basic pay established under this
subsection is the rate for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
``(u) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any
other provision of law applicable to employees in elements of
the intelligence community, the Director of National
Intelligence may, in consultation with the Director of the
Office of Personnel Management and the Director of the Office
of Management and Budget, grant authority to fix the rate of
basic pay for one or more positions within the intelligence
community at a rate in excess of any applicable limitation,
subject to the provisions of this subsection. The exercise of
authority so granted is at the discretion of the head of the
department or agency employing the individual in a position
covered by such authority, subject to the provisions of this
subsection and any conditions established by the Director of
National Intelligence when granting such authority.
``(2) Authority under this subsection may be granted or
exercised--
``(A) only with respect to a position which requires an
extremely high level of expertise and is critical to
successful accomplishment of an important mission; and
``(B) only to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level
II of the Executive Schedule under section 5312 of title 5,
United States Code, except upon written approval of the
Director of National Intelligence or as otherwise authorized
by law.
``(4) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level
I of the Executive Schedule under section 5311 of title 5,
United States Code, except upon written approval of the
President in response to a request by the Director of
National Intelligence or as otherwise authorized by law.
``(5) Any grant of authority under this subsection for a
position shall terminate at the discretion of the Director of
National Intelligence.
``(v) Extension of Flexible Personnel Management
Authorities.--(1) Notwithstanding any other provision of law,
in order to ensure the equitable treatment of employees
across the intelligence community, the Director of National
Intelligence may, with the concurrence of the head of the
department or agency concerned, or for those matters that
fall under the responsibilities of the Office of Personnel
Management under statute or Executive Order, in coordination
with the Director of the Office of Personnel Management,
authorize one or more elements of the intelligence community
to adopt compensation authority, performance management
authority, and scholarship authority that have been
authorized for another element of the intelligence community
if the Director of National Intelligence--
``(A) determines that the adoption of such authority would
improve the management and performance of the intelligence
community, and
``(B) submits to the congressional intelligence committees,
not later than 60 days before such authority is to take
effect, notice of the adoption of such authority by such
element or elements, including the authority to be so
adopted, and an estimate of the costs associated with the
adoption of such authority.
``(2) To the extent that an existing compensation authority
within the intelligence community is limited to a particular
category of employees or a particular situation, the
authority may be adopted in another element of the
intelligence community under this subsection only for
employees in an equivalent category or in an equivalent
situation.
``(3) In this subsection, the term `compensation authority'
means authority involving basic pay (including position
classification), premium pay, awards, bonuses, incentives,
allowances, differentials, student loan repayments, and
special payments, but does not include authorities as
follows:
``(A) Authorities related to benefits such as leave,
severance pay, retirement, and insurance.
``(B) Authority to grant Presidential Rank Awards under
sections 4507 and 4507a of title 5, United States Code,
section 3151(c) of title 31, United States Code, and any
other provision of law.
``(C) Compensation authorities and performance management
authorities provided under provisions of law relating to the
Senior Executive Service.''.

SEC. 4406. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.

Section 103(e) of the National Security Act of 1947 (50
U.S.C. 403-3(e)) is amended--
(1) by striking ``With'' and inserting ``of Headquarters
With Headquarters of'';
(2) by inserting ``the headquarters of'' before ``the
Office''; and
(3) by striking ``any other element'' and inserting ``the
headquarters of any other element''.

SEC. 4407. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND
TECHNOLOGY OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.

(a) Coordination and Prioritization of Research Conducted
by Elements of Intelligence Community.--Subsection (d) of
section 103E of the National Security Act of 1947 (50 U.S.C.
403-3e) is amended--
(1) in paragraph (3)(A), by inserting ``and prioritize''
after ``coordinate''; and
(2) by adding at the end the following new paragraph:
``(4) In carrying out paragraph (3)(A), the Committee shall
identify basic, advanced, and applied research programs to be
carried out by elements of the intelligence community.''.
(b) Development of Technology Goals.--That section is
further amended--
(1) in subsection (c)--

[[Page S11890]]

(A) in paragraph (4), by striking ``and'' at the end;
(B) by redesignating paragraph (5) as paragraph (9); and
(C) by inserting after paragraph (4) the following new
paragraphs:
``(5) assist the Director in establishing goals for the
elements of the intelligence community to meet the technology
needs of the intelligence community;
``(6) under the direction of the Director, establish
engineering standards and specifications applicable to each
acquisition of a major system (as that term is defined in
section 506A(e)(3)) by the intelligence community;
``(7) develop 15-year projections and assessments of the
needs of the intelligence community to ensure a robust
Federal scientific and engineering workforce and the means to
recruit such a workforce through integrated scholarships
across the intelligence community, including research grants
and cooperative work-study programs;
``(8) ensure that each acquisition program of the
intelligence community for a major system (as so defined)
complies with the standards and specifications established
under paragraph (6); and''; and
(2) by adding at the end the following new subsection:
``(e) Goals for Technology Needs of Intelligence
Community.--In carrying out subsection (c)(5), the Director
of Science and Technology shall--
``(1) systematically identify and assess the most
significant intelligence challenges that require technical
solutions;
``(2) examine options to enhance the responsiveness of
research and design programs of the elements of the
intelligence community to meet the requirements of the
intelligence community for timely support; and
``(3) assist the Director of National Intelligence in
establishing research and development priorities and projects
for the intelligence community that--
``(A) are consistent with current or future national
intelligence requirements;
``(B) address deficiencies or gaps in the collection,
processing, analysis, or dissemination of national
intelligence;
``(C) take into account funding constraints in program
development and acquisition; and
``(D) address system requirements from collection to final
dissemination (also known as `end-to-end architecture').''.
(c) Report.--
(1) In general.--Not later than June 30, 2008, the Director
of National Intelligence shall submit to Congress a report
containing a strategy for the development and use of
technology in the intelligence community through 2021.
(2) Elements.--The report under paragraph (1) shall
include--
(A) an assessment of the highest priority intelligence gaps
across the intelligence community that may be resolved by the
use of technology;
(B) goals for advanced research and development and a
strategy to achieve such goals;
(C) an explanation of how each advanced research and
development project funded under the National Intelligence
Program addresses an identified intelligence gap;
(D) a list of all current and projected research and
development projects by research type (basic, advanced, or
applied) with estimated funding levels, estimated initiation
dates, and estimated completion dates; and
(E) a plan to incorporate technology from research and
development projects into National Intelligence Program
acquisition programs.
(3) Form.--The report under paragraph (1) may be submitted
in classified form.

SEC. 4408. TITLE OF CHIEF INFORMATION OFFICER OF THE
INTELLIGENCE COMMUNITY.

Section 103G of the National Security Act of 1947 (50
U.S.C. 403-3g) is amended--
(1) in subsection (a), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(2) in subsection (b), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(3) in subsection (c), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''; and
(4) in subsection (d), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'' the first
place it appears.

SEC. 4409. RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.

(a) Establishment.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 103G the following new section:

``RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE

``Sec. 103H.  (a) In General.--There is established a fund
to be known as the `Reserve for Contingencies of the Office
of the Director of National Intelligence' (in this section
referred to as the `Reserve').
``(b) Elements.--(1) The Reserve shall consist of the
following elements:
``(A) Amounts authorized to be appropriated to the Reserve.
``(B) Amounts authorized to be transferred to or deposited
in the Reserve by law.
``(2) No amount may be transferred to the Reserve under
subparagraph (B) of paragraph (1) during a fiscal year after
the date on which a total of $50,000,000 has been transferred
to or deposited in the Reserve under subparagraph (A) or (B)
of such paragraph.
``(c) Amounts Available for Deposit.--Amounts deposited
into the Reserve shall be amounts appropriated to the
National Intelligence Program.
``(d) Availability of Funds.--(1) Amounts in the Reserve
shall be available for such purposes as are provided by law
for the Office of the Director of National Intelligence or
the separate elements of the intelligence community for
support of emerging needs, improvements to program
effectiveness, or increased efficiency.
``(2)(A) Subject to subparagraph (B), amounts in the
Reserve may be available for a program or activity if--
``(i) the Director of National Intelligence, consistent
with the provisions of sections 502 and 503, notifies the
congressional intelligence committees of the intention to
utilize such amounts for such program or activity; and
``(ii) 15 calendar days elapses after the date of such
notification.
``(B) In addition to the requirements in subparagraph (A),
amounts in the Reserve may be available for a program or
activity not previously authorized by Congress only with the
approval of the Director the Office of Management and Budget.
``(3) Use of any amounts in the Reserve shall be subject to
the direction and approval of the Director of National
Intelligence, or the designee of the Director, and shall be
subject to such procedures as the Director may prescribe.
``(4) Amounts transferred to or deposited in the Reserve in
a fiscal year under subsection (b) shall be available under
this subsection in such fiscal year and the fiscal year
following such fiscal year.''.
(b) Applicability.--No funds appropriated prior to the date
of the enactment of this Act may be transferred to or
deposited in the Reserve for Contingencies of the Office of
the Director of National Intelligence established in section
103H of the National Security Act of 1947, as added by
subsection (a).
(c) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 103G the
following new item:

``Sec. 103H. Reserve for Contingencies of the Office of the Director of
National Intelligence.''.

SEC. 4410. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 4409 of
this Act, is further amended by inserting after section 103H
the following new section:

``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

``Sec. 103I.  (a) Office of Inspector General of
Intelligence Community.--There is within the Office of the
Director of National Intelligence an Office of the Inspector
General of the Intelligence Community.
``(b) Purpose.--The purpose of the Office of the Inspector
General of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently investigations, inspections, and audits
on matters within the responsibility and authority of the
Director of National Intelligence;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and effectiveness in
the administration and implementation of matters within the
responsibility and authority of the Director of National
Intelligence; and
``(B) to prevent and detect fraud and abuse in such
matters;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to matters within
the responsibility and authority of the Director of National
Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions; and
``(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies relating to
matters within the responsibility and authority of the
Director of National Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions.
``(c) Inspector General of Intelligence Community.--(1)
There is an Inspector General of the Intelligence Community,
who shall be the head of the Office of the Inspector General
of the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The nomination of an individual for appointment as
Inspector General shall be made--
``(A) without regard to political affiliation;
``(B) solely on the basis of integrity, compliance with the
security standards of the intelligence community, and prior
experience in the field of intelligence or national security;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
``(3) The Inspector General shall report directly to and be
under the general supervision of the Director of National
Intelligence.

[[Page S11891]]

``(4) The Inspector General may be removed from office only
by the President. The President shall immediately communicate
in writing to the congressional intelligence committees the
reasons for the removal of any individual from the position
of Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections
(g) and (h), it shall be the duty and responsibility of the
Inspector General of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to matters
within the responsibility and authority of the Director of
National Intelligence to ensure they are conducted
efficiently and in accordance with applicable law and
regulations;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies
that may occur in matters within the responsibility and
authority of the Director, and to report the progress made in
implementing corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Inspector General, and, to the extent consistent with
the purpose and objective of such reports, take such measures
as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports;
and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
``(e) Limitations on Activities.--(1) The Director of
National Intelligence may prohibit the Inspector General of
the Intelligence Community from initiating, carrying out, or
completing any investigation, inspection, or audit if the
Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(2) If the Director exercises the authority under
paragraph (1), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
authority within 7 days to the congressional intelligence
committees.
``(3) The Director shall advise the Inspector General at
the time a report under paragraph (2) is submitted, and, to
the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a
copy of such report.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the
Inspector General has notice under paragraph (3) that the
Inspector General considers appropriate.
``(f) Authorities.--(1) The Inspector General of the
Intelligence Community shall have direct and prompt access to
the Director of National Intelligence when necessary for any
purpose pertaining to the performance of the duties of the
Inspector General.
``(2)(A) The Inspector General shall have access to any
employee, or any employee of a contractor, of any element of
the intelligence community whose testimony is needed for the
performance of the duties of the Inspector General.
``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the
programs and operations with respect to which the Inspector
General has responsibilities under this section.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (B).
``(D) Failure on the part of any employee, or any employee
of a contractor, of any element of the intelligence community
to cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director or, on the
recommendation of the Director, other appropriate officials
of the intelligence community, including loss of employment
or the termination of an existing contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial
and specific danger to the public health and safety. Once
such complaint or information has been received from an
employee of the Federal Government--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee in a position to take such actions, unless the
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to
administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
duties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office of the Inspector General of the Intelligence
Community designated by the Inspector General shall have the
same force and effect as if administered or taken by or
before an officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the
Inspector General is authorized to require by subpoena the
production of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence necessary in the performance of the duties and
responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other
elements of the United States Government, the Inspector
General shall obtain information, documents, reports,
answers, records, accounts, papers, and other data and
evidence for the purpose specified in subparagraph (A) using
procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for or
on behalf of any other element of the intelligence community,
including the Office of the Director of National
Intelligence.
``(D) In the case of contumacy or refusal to obey a
subpoena issued under this paragraph, the subpoena shall be
enforceable by order of any appropriate district court of the
United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1)(A) In the event of a matter within the
jurisdiction of the Inspector General of the Intelligence
Community that may be subject to an investigation,
inspection, or audit by both the Inspector General of the
Intelligence Community and an Inspector General, whether
statutory or administrative, with oversight responsibility
for an element or elements of the intelligence community, the
Inspector General of the Intelligence Community and such
other Inspector or Inspectors General shall expeditiously
resolve the question of which Inspector General shall conduct
such investigation, inspection, or audit.
``(B) In attempting to resolve a question under
subparagraph (A), the Inspectors General concerned may
request the assistance of the Intelligence Community
Inspectors General Forum established under subparagraph (C).
In the event of a dispute between an Inspector General within
a department of the United States Government and the
Inspector General of the Intelligence Community that has not
been resolved with the assistance of the Forum, the
Inspectors General shall submit the question to the Director
of National Intelligence and the head of the department for
resolution.
``(C) There is established the Intelligence Community
Inspectors General Forum which shall consist of all statutory
or administrative Inspectors General with oversight
responsibility for an element or elements of the intelligence
community. The Inspector General of the Intelligence
Community shall serve as the chair of the Forum. The Forum
shall have no administrative authority over any Inspector
General, but shall serve as a mechanism for informing its
members of the work of individual members of the Forum that
may be of common interest and discussing questions about
jurisdiction or access to employees, employees of a
contractor, records, audits, reviews, documents,
recommendations, or other materials that may involve or be of
assistance to more than one of its members.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit
the results of such investigation, inspection, or audit to
any other Inspector General, including the Inspector General
of the Intelligence Community, with jurisdiction to conduct
such investigation, inspection, or audit who did not conduct
such investigation, inspection, or audit.
``(h) Staff and Other Support.--(1) The Inspector General
of the Intelligence Community shall be provided with
appropriate and adequate office space at central and field
office locations, together with such equipment, office
supplies, maintenance services, and communications facilities
and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the
Director of National Intelligence, the Inspector General
shall select, appoint, and employ such officers and employees
as may be necessary to carry out the functions of the
Inspector General. The Inspector General shall ensure that
any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties
of such officer or employee.
``(B) In making selections under subparagraph (A), the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the Intelligence Community a career
cadre of sufficient size to provide appropriate continuity
and objectivity needed for the effective performance of the
duties of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the
Inspector General may request such information or assistance
as may be

[[Page S11892]]

necessary for carrying out the duties and responsibilities of
the Inspector General from any department, agency, or other
element of the United States Government.
``(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing
statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community
may, upon reasonable notice to the head of any element of the
intelligence community, conduct, as authorized by this
section, an investigation, inspection, or audit of such
element and may enter into any place occupied by such element
for purposes of the performance of the duties of the
Inspector General.
``(i) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report summarizing the activities of
the Office of the Inspector General of the Intelligence
Community during the immediately preceding 6-month periods
ending December 31 (of the preceding year) and June 30,
respectively. The Inspector General of the Intelligence
Community shall provide any portion of the report involving a
component of a department of the United States Government to
the head of that department simultaneously with submission of
the report to the Director of National Intelligence.
``(B) Each report under this paragraph shall include, at a
minimum, the following:
``(i) A list of the title or subject of each investigation,
inspection, or audit conducted during the period covered by
such report, including a summary of the progress of each
particular investigation, inspection, or audit since the
preceding report of the Inspector General under this
paragraph.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration and
implementation of programs and operations of the intelligence
community, and in the relationships between elements of the
intelligence community, identified by the Inspector General
during the period covered by such report.
``(iii) A description of the recommendations for corrective
or disciplinary action made by the Inspector General during
the period covered by such report with respect to significant
problems, abuses, or deficiencies identified in clause (ii).
``(iv) A statement whether or not corrective or
disciplinary action has been completed on each significant
recommendation described in previous semiannual reports, and,
in a case where corrective action has been completed, a
description of such corrective action.
``(v) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of matters within the responsibility and
authority of the Director of National Intelligence, and to
detect and eliminate fraud and abuse in such matters.
``(C) Not later than the 30 days after the date of receipt
of a report under subparagraph (A), the Director shall
transmit the report to the congressional intelligence
committees together with any comments the Director considers
appropriate. The Director shall transmit to the committees of
the Senate and of the House of Representatives with
jurisdiction over a department of the United States
Government any portion of the report involving a component of
such department simultaneously with submission of the report
to the congressional intelligence committees.
``(2)(A) The Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to matters within the responsibility
and authority of the Director of National Intelligence.
``(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within seven calendar days of receipt of such report,
together with such comments as the Director considers
appropriate. The Director shall transmit to the committees of
the Senate and of the House of Representatives with
jurisdiction over a department of the United States
Government any portion of each report under subparagraph (A)
that involves a problem, abuse, or deficiency related to a
component of such department simultaneously with transmission
of the report to the congressional intelligence committees
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General focuses on any current or former
intelligence community official who--
``(i) holds or held a position in an element of the
intelligence community that is subject to appointment by the
President, whether or not by and with the advice and consent
of the Senate, including such a position held on an acting
basis;
``(ii) holds or held a position in an element of the
intelligence community, including a position held on an
acting basis, that is appointed by the Director of National
Intelligence; or
``(iii) holds or held a position as head of an element of
the intelligence community or a position covered by
subsection (b) or (c) of section 106;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by
a current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,

the Inspector General shall immediately notify and submit a
report on such matter to the congressional intelligence
committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings
and recommendations of an investigation, inspection, or audit
conducted by the office which has been requested by the
Chairman or Vice Chairman or Ranking Minority Member of
either committee.
``(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community who intends to report to Congress
a complaint or information with respect to an urgent concern
may report such complaint or information to the Inspector
General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the
Inspector General shall determine whether the complaint or
information appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within
seven calendar days of such receipt, forward such transmittal
to the congressional intelligence committees, together with
any comments the Director considers appropriate.
``(D)(i) If the Inspector General does not find credible
under subparagraph (B) a complaint or information submitted
under subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under
subparagraph (B), the employee (subject to clause (ii)) may
submit the complaint or information to Congress by contacting
either or both of the congressional intelligence committees
directly.
``(ii) An employee may contact the intelligence committees
directly as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
intelligence committees in accordance with appropriate
security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or
information under clause (i) does so in that member or
employee's official capacity as a member or employee of such
committee.
``(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this
paragraph with respect to the complaint or information. Such
notice shall be provided not later than 3 days after any such
action is taken.
``(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judicial
review.
``(G) In this paragraph, the term `urgent concern' means
any of the following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the
funding, administration, or operation of an intelligence
activity involving classified information, but does not
include differences of opinions concerning public policy
matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with
this paragraph.
``(H) In support of this paragraph, Congress makes the
findings set forth in paragraphs

[[Page S11893]]

(1) through (6) of section 701(b) of the Intelligence
Community Whistleblower Protection Act of 1998 (title VII of
Public Law 105-272; 5 U.S.C. App. 8H note).
``(6) In accordance with section 535 of title 28, United
States Code, the Inspector General shall report to the
Attorney General any information, allegation, or complaint
received by the Inspector General relating to violations of
Federal criminal law that involves a program or operation of
an element of the intelligence community, or in the
relationships between the elements of the intelligence
community, consistent with such guidelines as may be issued
by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to the
Director.
``(j) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be
issued by the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for the Office of Inspector
General of the Intelligence Community.
``(k) Construction of Duties Regarding Elements of
Intelligence Community.--Except as resolved pursuant to
subsection (g), the performance by the Inspector General of
the Intelligence Community of any duty, responsibility, or
function regarding an element of the intelligence community
shall not be construed to modify or effect the duties and
responsibilities of any other Inspector General, whether
statutory or administrative, having duties and
responsibilities relating to such element.''.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 4409 of this Act, is further amended by inserting
after the item relating to section 103H the following new
item:

``Sec. 103I. Inspector General of the Intelligence Community.''.
(b) Repeal of Superseded Authority To Establish Position.--
Section 8K of the Inspector General Act of 1978 (5 U.S.C.
App.) is repealed.
(c) Executive Schedule Level IV.--Section 5314 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Inspector General of the Intelligence Community.''.

SEC. 4411. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND
OFFICIALS.

(a) National Counter Proliferation Center.--Section 119A(a)
of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is
amended--
(1) by striking ``(a) Establishment.--Not later than 18
months after the date of the enactment of the National
Security Intelligence Reform Act of 2004, the'' and inserting
the following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of
National Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.''.

SEC. 4412. NATIONAL SPACE INTELLIGENCE OFFICE.

(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:

``NATIONAL SPACE INTELLIGENCE OFFICE

``Sec. 119C.  (a) Establishment.--There is established
within the Office of the Director of National Intelligence a
National Space Intelligence Office.
``(b) Director of National Space Intelligence Office.--The
National Intelligence Officer for Science and Technology, or
a successor position designated by the Director of National
Intelligence, shall act as the Director of the National Space
Intelligence Office.
``(c) Missions.--The National Space Intelligence Office
shall have the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or
a successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence
systems throughout all phases of the development,
acquisition, and operation of such systems.
``(d) Access to Information.--The Director of National
Intelligence shall ensure that the National Space
Intelligence Office has access to all national intelligence
information (as appropriate), and such other information (as
appropriate and practical), necessary for the Office to carry
out the missions of the Office under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence
Program budget a separate line item for the National Space
Intelligence Office.''.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 119B the
following new item:

``Sec. 119C. National Space Intelligence Office.''.
(b) Report on Organization of Office.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
National Space Intelligence Office shall submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the organizational structure of
the National Space Intelligence Office established by section
119C of the National Security Act of 1947 (as added by
subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the National
Space Intelligence Office.
(B) An identification of key participants in the Office.
(C) A strategic plan for the Office during the five-year
period beginning on the date of the report.

SEC. 4413. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.

(a) In General.--Title VII of the National Security Act of
1947 (50 U.S.C. 431 et seq.) is amended by adding at the end
the following new section:

``PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE

``Sec. 706.  (a) Records From Exempted Operational Files.--
(1) Any record disseminated or otherwise provided to an
element of the Office of the Director of National
Intelligence from the exempted operational files of elements
of the intelligence community designated in accordance with
this title, and any operational files created by the Office
of the Director of National Intelligence that incorporate
such record in accordance with subparagraph (A)(ii), shall be
exempted from the provisions of section 552 of title 5,
United States Code that require search, review, publication
or disclosure in connection therewith, in any instance in
which--
``(A)(i) such record is shared within the Office of the
Director of National Intelligence and not disseminated by
that Office beyond that Office; or
``(ii) such record is incorporated into new records created
by personnel of the Office of the Director of National
Intelligence and maintained in operational files of the
Office of the Director of National Intelligence and such
record is not disseminated by that Office beyond that Office;
and
``(B) the operational files from which such record has been
obtained continue to remain designated as operational files
exempted from section 552 of title 5, United States Code.
``(2) The operational files of the Office of the Director
of National Intelligence referred to in paragraph (1)(A)(ii)
shall be similar in nature to the originating operational
files from which the record was disseminated or provided, as
such files are defined in this title.
``(3) Records disseminated or otherwise provided to the
Office of the Director of National Intelligence from other
elements of the intelligence community that are not protected
by paragraph (1), and that are authorized to be disseminated
beyond the Office of the Director of National Intelligence,
shall remain subject to search and review under section 552
of title 5, United States Code, but may continue to be
exempted from the publication and disclosure provisions of
that section by the originating agency to the extent that
such section permits.
``(4) Notwithstanding any other provision of this title,
records in the exempted operational files of the Central
Intelligence Agency, the National Geospatial-Intelligence
Agency, the National Reconnaissance Office, the National
Security Agency, or the Defense Intelligence Agency shall not
be subject to the search and review provisions of section 552
of title 5, United States Code, solely because they have been
disseminated to an element or elements of the Office of the
Director of National Intelligence, or referenced in
operational files of the Office of the Director of National
Intelligence and that are not disseminated beyond the Office
of the Director of National Intelligence.
``(5) Notwithstanding any other provision of this title,
the incorporation of records from the operational files of
the Central Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, the
National Security Agency, or the Defense Intelligence Agency,
into operational files of the Office of the Director of
National Intelligence shall not subject that record or the
operational files of the Central Intelligence Agency, the
National Geospatial-Intelligence Agency, the

[[Page S11894]]

National Reconnaissance Office, the National Security Agency
or the Defense Intelligence Agency to the search and review
provisions of section 552 of title 5, United States Code.
``(b) Other Records.--(1) Files in the Office of the
Director of National Intelligence that are not exempted under
subsection (a) of this section which contain information
derived or disseminated from exempted operational files shall
be subject to search and review under section 552 of title 5,
United States Code.
``(2) The inclusion of information from exempted
operational files in files of the Office of the Director of
National Intelligence that are not exempted under subsection
(a) shall not affect the exemption of the originating
operational files from search, review, publication, or
disclosure.
``(3) Records from exempted operational files of the Office
of the Director of National Intelligence which have been
disseminated to and referenced in files that are not exempted
under subsection (a), and which have been returned to
exempted operational files of the Office of the Director of
National Intelligence for sole retention, shall be subject to
search and review.
``(c) Search and Review for Certain Purposes.--
Notwithstanding subsection (a), exempted operational files
shall continue to be subject to search and review for
information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a
of title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation by
any of the following for any impropriety, or violation of
law, Executive order, or Presidential directive, in the
conduct of an intelligence activity:
``(A) The Select Committee on Intelligence of the Senate.
``(B) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National Intelligence.
``(F) The Office of the Inspector General of the
Intelligence Community.
``(d) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of National
Intelligence shall review the operational files exempted
under subsection (a) to determine whether such files, or any
portion of such files, may be removed from the category of
exempted files.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public
interest in the subject matter of the particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
``(3) A complainant that alleges that Director of National
Intelligence has improperly withheld records because of
failure to comply with this subsection may seek judicial
review in the district court of the United States of the
district in which any of the parties reside, or in the
District of Columbia. In such a proceeding, the court's
review shall be limited to determining the following:
``(A) Whether the Director has conducted the review
required by paragraph (1) before the expiration of the 10-
year period beginning on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2008 or before
the expiration of the 10-year period beginning on the date of
the most recent review.
``(B) Whether the Director of National Intelligence, in
fact, considered the criteria set forth in paragraph (2) in
conducting the required review.
``(e) Supersedure of Other Laws.--The provisions of this
section may not be superseded except by a provision of law
that is enacted after the date of the enactment of this
section and that specifically cites and repeals or modifies
such provisions.
``(f) Applicability.--The Director of National Intelligence
will publish a regulation listing the specific elements
within the Office of the Director of National Intelligence
whose records can be exempted from search and review under
this section.
``(g) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever
any person who has requested agency records under section 552
of title 5, United States Code, alleges that the Office of
the Director of National Intelligence has withheld records
improperly because of failure to comply with any provision of
this section, judicial review shall be available under the
terms set forth in section 552(a)(4)(B) of title 5, United
States Code.
``(2) Judicial review shall not be available in the manner
provided for under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order
to be kept secret in the interests of national defense or
foreign relations is filed with, or produced for, the court
by the Office of the Director of National Intelligence, such
information shall be examined ex parte, in camera by the
court.
``(B) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(C) When a complainant alleges that requested records are
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
``(D)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Office of the Director of National
Intelligence shall meet its burden under section 552(a)(4)(B)
of title 5, United States Code, by demonstrating to the court
by sworn written submission that exempted operational files
likely to contain responsive records currently meet the
criteria set forth in subsection.
``(ii) The court may not order the Office of the Director
of National Intelligence to review the content of any
exempted operational file or files in order to make the
demonstration required under clause (i), unless the
complainant disputes the Office's showing with a sworn
written submission based on personal knowledge or otherwise
admissible evidence.
``(E) In proceedings under subparagraphs (C) and (D), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules 26 and
36.
``(F) If the court finds under this subsection that the
Office of the Director of National Intelligence has
improperly withheld requested records because of failure to
comply with any provision of this section, the court shall
order the Office to search and review the appropriate
exempted operational file or files for the requested records
and make such records, or portions thereof, available in
accordance with the provisions of section 552 of title 5,
United States Code, and such order shall be the exclusive
remedy for failure to comply with this section.
``(G) If at any time following the filing of a complaint
pursuant to this paragraph the Office of the Director of
National Intelligence agrees to search the appropriate
exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such
complaint.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 705 the
following new item:

``Sec. 706. Operational files in the Office of the Director of National
Intelligence.''.

SEC. 4414. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE
OFFICE OF THE NATIONAL COUNTER-INTELLIGENCE
EXECUTIVE.

(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402c) is amended--
(1) by striking subsections (d), (h), (i), and (j); and
(2) by redesignating subsections (e), (f), (g), (k), (l),
and (m) as subsections (d), (e), (f), (g), (h), and (i),
respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by
striking paragraphs (3) and (4).
(b) Conforming Amendments.--That section is further
amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection (e)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection (e)(2)'' and
inserting ``subsection (d)(2)''.

SEC. 4415. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT
TO ADVISORY COMMITTEES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.

Section 4(b) of the Federal Advisory Committee Act (5
U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National
Intelligence.''.

SEC. 4416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON THE TRANSPORTATION SECURITY
OVERSIGHT BOARD.

Subparagraph (F) of section 115(b)(1) of title 49, United
States Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.

SEC. 4417. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR
OF NATIONAL INTELLIGENCE AND THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.

Subsection (j) of section 552a of title 5, United States
Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) maintained by the Office of the Director of National
Intelligence; or''.

[[Page S11895]]

Subtitle B--Central Intelligence Agency

SEC. 4421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.

(a) Establishment of Position of Deputy Director of Central
Intelligence Agency.--Subsection (a) of section 104A of the
National Security Act of 1947 (50 U.S.C. 403-4a) is amended--
(1) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (d), (e), (f), (g), (h), and (i)
respectively; and
(2) by inserting after subsection (a) the following new
subsections (b) and (c):
``(b) Deputy Director of Central Intelligence Agency.--(1)
There is a Deputy Director of the Central Intelligence Agency
who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Deputy Director of the Central Intelligence
Agency shall assist the Director of the Central Intelligence
Agency in carrying out the duties and responsibilities of the
Director.
``(3) The Deputy Director of the Central Intelligence
Agency shall act for, and exercise the powers of, the
Director of the Central Intelligence Agency during the
absence or disability of the Director of the Central
Intelligence Agency or during a vacancy in the position of
Director of the Central Intelligence Agency.
``(c) Military Status of Director of the Central
Intelligence Agency and Deputy Director of Central
Intelligence Agency.--(1) Not more than one of the
individuals serving in the positions specified in subsection
(a) and (b) may be a commissioned officer of the Armed Forces
in active status.
``(2) A commissioned officer of the Armed Forces who is
serving as the Director or Deputy Director of the Central
Intelligence Agency or is engaged in administrative
performance of the duties of Director or Deputy Director of
the Central Intelligence Agency shall not, while continuing
in such service, or in the administrative performance of such
duties--
``(A) be subject to supervision or control by the Secretary
of Defense or by any officer or employee of the Department of
Defense; or
``(B) exercise, by reason of the officer's status as a
commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law.
``(3) Except as provided in subparagraph (A) or (B) of
paragraph (2), the service, or the administrative performance
of duties, described in that paragraph by an officer
described in that paragraph shall not affect the status,
position, rank, or grade of such officer in the Armed Forces,
or any emolument, perquisite, right, privilege, or benefit
incident to or arising out of such status, position, rank, or
grade.
``(4) A commissioned officer described in paragraph (2),
while serving, or continuing in the administrative
performance of duties, as described in that paragraph and
while remaining on active duty, shall continue to receive
military pay and allowances. Funds from which such pay and
allowances are paid shall be reimbursed from funds available
to the Director of the Central Intelligence Agency.''.
(b) Conforming Amendment.--Paragraph (2) of subsection (e)
of such section, as redesignated by subsection (a)(1) of this
section, is further amended by striking ``subsection (d)''
and inserting ``subsection (f)''.
(c) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Deputy Director of the Central Intelligence Agency.''.
(d) Role of DNI in Appointment.--Section 106(b)(2) of the
National Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is
amended by adding at the end the following new subparagraph:
``(J) The Deputy Director of the Central Intelligence
Agency.''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(1) the date of the nomination by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency, except that the individual
administratively performing the duties of the Deputy Director
of the Central Intelligence Agency as of the date of the
enactment of this Act may continue to perform such duties
after such date of nomination and until the individual
appointed to the position of Deputy Director of the Central
Intelligence Agency, by and with the advice and consent of
the Senate, assumes the duties of such position; or
(2) the date of the cessation of the performance of the
duties of Deputy Director of the Central Intelligence Agency
by the individual administratively performing such duties as
of the date of the enactment of this Act.

SEC. 4422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY OF REQUIREMENT FOR ANNUAL
REPORT ON PROGRESS IN AUDITABLE FINANCIAL
STATEMENTS.

Section 114A of the National Security Act of 1947 (50
U.S.C. 404i-1) is amended by striking ``the Director of the
Central Intelligence Agency,''.

SEC. 4423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR
PROTECTIVE PERSONNEL OF THE CENTRAL
INTELLIGENCE AGENCY.

Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(4)) is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``and the protection'' and inserting ``the
protection''; and
(B) by striking the semicolon and inserting ``, and the
protection of the Director of National Intelligence and such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate; and''; and
(3) by adding at the end the following new subparagraph:
``(B) Authorize personnel engaged in the performance of
protective functions authorized pursuant to subparagraph (A),
when engaged in the performance of such functions, to make
arrests without warrant for any offense against the United
States committed in the presence of such personnel, or for
any felony cognizable under the laws of the United States, if
such personnel have reasonable grounds to believe that the
person to be arrested has committed or is committing such
felony, except that any authority pursuant to this
subparagraph may be exercised only in accordance with
guidelines approved by the Director and the Attorney General
and such personnel may not exercise any authority for the
service of civil process or for the investigation of criminal
offenses;''.

SEC. 4424. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN
CENTRAL INTELLIGENCE AGENCY POSITIONS.

Section 17(d)(3)(B)(ii) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
(1) in subclause (I), by striking ``Executive Director''
and inserting ``Associate Deputy Director'';
(2) in subclause (II), by striking ``Deputy Director for
Operations'' and inserting ``Director of the National
Clandestine Service''; and
(3) in subclause (IV), by striking ``Deputy Director for
Administration'' and inserting ``Director for Support''.

SEC. 4425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR
AMERICA.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the
advisability of providing Federal retirement benefits to
United States citizens for the service of such individuals
before 1977 as employees of Air America or an associated
company while such company was owned or controlled by the
United States Government and operated or managed by the
Central Intelligence Agency.
(b) Report Elements.--(1) The report required by subsection
(a) shall include the following:
(A) The history of Air America and associated companies
before 1977, including a description of--
(i) the relationship between such companies and the Central
Intelligence Agency and other elements of the United States
Government;
(ii) the workforce of such companies;
(iii) the missions performed by such companies and their
employees for the United States; and
(iv) the casualties suffered by employees of such companies
in the course of their employment with such companies.
(B) A description of the retirement benefits contracted for
or promised to the employees of such companies before 1977,
the contributions made by such employees for such benefits,
the retirement benefits actually paid such employees, the
entitlement of such employees to the payment of future
retirement benefits, and the likelihood that former employees
of such companies will receive any future retirement
benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former employees of such
companies have received or will receive by virtue of their
employment with such companies; and
(ii) the retirement benefits that such employees would have
received and in the future receive if such employees had
been, or would now be, treated as employees of the United
States whose services while in the employ of such companies
had been or would now be credited as Federal service for the
purpose of Federal retirement benefits.
(D) Any recommendations regarding the advisability of
legislative action to treat employment at such companies as
Federal service for the purpose of Federal retirement
benefits in light of the relationship between such companies
and the United States Government and the services and
sacrifices of such employees to and for the United States,
and if legislative action is considered advisable, a proposal
for such action and an assessment of its costs.
(2) The Director of National Intelligence shall include in
the report any views of the Director of the Central
Intelligence Agency on the matters covered by the report that
the Director of the Central Intelligence Agency considers
appropriate.
(c) Assistance of Comptroller General.--The Comptroller
General of the United States shall, upon the request of the
Director of National Intelligence and in a manner consistent
with the protection of classified information, assist the
Director in the preparation of the report required by
subsection (a).
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.

[[Page S11896]]

(e) Definitions.--In this section:
(1) The term ``Air America'' means Air America,
Incorporated.
(2) The term ``associated company'' means any company
associated with or subsidiary to Air America, including Air
Asia Company Limited and the Pacific Division of Southern Air
Transport, Incorporated.

Subtitle C--Defense Intelligence Components

SEC. 4431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING
PROGRAM.

(a) Termination of Employees.--Subsection (d)(1)(C) of
section 16 of the National Security Agency Act of 1959 (50
U.S.C. 402 note) is amended by striking ``terminated either
by'' and all that follows and inserting ``terminated--
``(i) by the Agency due to misconduct by the employee;
``(ii) by the employee voluntarily; or
``(iii) by the Agency for the failure of the employee to
maintain such level of academic standing in the educational
course of training as the Director of the National Security
Agency shall have specified in the agreement of the employee
under this subsection; and''.
(b) Authority To Withhold Disclosure of Affiliation With
NSA.--Subsection (e) of such section is amended by striking
``(1) When an employee'' and all that follows through ``(2)
Agency efforts'' and inserting ``Agency efforts''.

SEC. 4432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY
AGENCY PROTECTIVE PERSONNEL.

The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following new
section:
``Sec. 21. (a) The Director is authorized to designate
personnel of the Agency to perform protective functions for
the Director and for any personnel of the Agency designated
by the Director.
``(b)(1) In the performance of protective functions under
this section, personnel of the Agency designated to perform
protective functions pursuant to subsection (a) are
authorized, when engaged in the performance of such
functions, to make arrests without a warrant for--
``(A) any offense against the United States committed in
the presence of such personnel; or
``(B) any felony cognizable under the laws of the United
States if such personnel have reasonable grounds to believe
that the person to be arrested has committed or is committing
such felony.
``(2) The authority in paragraph (1) may be exercised only
in accordance with guidelines approved by the Director and
the Attorney General.
``(3) Personnel of the Agency designated to perform
protective functions pursuant to subsection (a) shall not
exercise any authority for the service of civil process or
the investigation of criminal offenses.
``(c) Nothing in this section shall be construed to impair
or otherwise affect any authority under any other provision
of law relating to the performance of protective
functions.''.

SEC. 4433. INSPECTOR GENERAL MATTERS.

(a) Coverage Under Inspector General Act of 1978.--
Subsection (a)(2) of section 8G of the Inspector General Act
of 1978 (5 U.S.C. App. 8G) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the Arts,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor
Relations Board,''.
(b) Certain Designations Under Inspector General Act of
1978.--Subsection (a) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the
end the following new paragraph:
``(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--
Subsection (d) of section 8G of that Act--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated
by paragraph (1) of this subsection, by striking ``The head''
and inserting ``Except as provided in paragraph (2), the
head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Director of National Intelligence or the
Secretary of Defense may prohibit the Inspector General of an
element of the intelligence community specified in
subparagraph (D) from initiating, carrying out, or completing
any audit or investigation if the Director or the Secretary,
as the case may be, determines that the prohibition is
necessary to protect vital national security interests of the
United States.
``(B) If the Director or the Secretary exercises the
authority under subparagraph (A), the Director or the
Secretary, as the case may be, shall submit to the committees
of Congress specified in subparagraph (E) an appropriately
classified statement of the reasons for the exercise of the
authority not later than seven days after the exercise of the
authority.
``(C) At the same time the Director or the Secretary
submits under subparagraph (B) a statement on the exercise of
the authority in subparagraph (A) to the committees of
Congress specified in subparagraph (E), the Director or the
Secretary, as the case may be, shall notify the Inspector
General of such element of the submittal of such statement
and, to the extent consistent with the protection of
intelligence sources and methods, provide the Inspector
General with a copy of such statement. The Inspector General
may submit to such committees of Congress any comments on a
notice or statement received by the Inspector General under
this subparagraph that the Inspector General considers
appropriate.
``(D) The elements of the intelligence community specified
in this subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this
subparagraph are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.

SEC. 4434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN
COMPONENTS OF THE INTELLIGENCE COMMUNITY.

(a) Director of National Security Agency.--The National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended
by inserting after the first section the following new
section:
``Sec. 2. (a) There is a Director of the National Security
Agency.
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(c) The Director of the National Security Agency shall be
the head of the National Security Agency and shall discharge
such functions and duties as are provided by this Act or
otherwise by law.''.
(b) Director of National Geospatial-Intelligence Agency.--
Section 441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial Intelligence
Agency shall be appointed by the President, by and with the
advice and consent of the Senate.''.
(c) Director of National Reconnaissance Office.--The
Director of the National Reconnaissance Office shall be
appointed by the President, by and with the advice and
consent of the Senate.
(d) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as
positions of importance and responsibility under section 601
of title 10, United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-Intelligence
Agency.
(C) The Director of the National Reconnaissance Office.
(e) Effective Date and Applicability.--
(1) In general.--The amendments made by subsections (a) and
(b), and subsection (c), shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(A) the date of the nomination by the President of an
individual to serve in the position concerned, except that
the individual serving in such position as of the date of the
enactment of this Act may continue to perform such duties
after such date of nomination and until the individual
appointed to such position, by and with the advice and
consent of the Senate, assumes the duties of such position;
or
(B) the date of the cessation of the performance of the
duties of such position by the individual performing such
duties as of the date of the enactment of this Act.
(2) Positions of importance and responsibility.--Subsection
(d) shall take effect on the date of the enactment of this
Act.

SEC. 4435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR
ANALYSIS AND DISSEMINATION OF CERTAIN
INTELLIGENCE INFORMATION.

Section 442(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National
Intelligence, the National Geospatial-Intelligence Agency
shall also develop a system to facilitate the analysis,
dissemination, and incorporation of likenesses, videos, and
presentations produced by ground-based platforms, including
handheld or clandestine photography taken by or on behalf of
human intelligence collection organizations or available as
open-source information, into the National System for
Geospatial Intelligence.
``(B) The authority provided by this paragraph does not
include the authority to manage or direct the tasking of, set
requirements and priorities for, set technical requirements
related to, or modify any classification or dissemination
limitations related to the collection of, handheld or
clandestine

[[Page S11897]]

photography taken by or on behalf of human intelligence
collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.

SEC. 4436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.

The Secretary of Defense shall, during the period beginning
on the date of the enactment of this Act and ending on
December 31, 2008, delegate to the Director of the National
Geospatial-Intelligence Agency personnel security authority
with respect to the National Geospatial-Intelligence Agency
(including authority relating to the use of contractor
personnel in investigations and adjudications for security
clearances) that is identical to the personnel security
authority of the Director of the National Security Agency
with respect to the National Security Agency.

Subtitle D--Other Elements

SEC. 4441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.

Section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the Marine
Corps,''; and
(B) by inserting ``the Drug Enforcement Administration,''
after ``the Federal Bureau of Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.

SEC. 4442. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF
THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2004.

Section 105(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31
U.S.C. 311 note) is amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.

TITLE XLV--OTHER MATTERS

SEC. 4501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT
OF 1947.

The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is amended as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(A) in subsection (c)(7)(A), by striking ``section'' and
inserting ``subsection'';
(B) in subsection (d)--
(i) in paragraph (3), by striking ``subparagraph (A)'' in
the matter preceding subparagraph (A) and inserting
``paragraph (1)(A)'';
(ii) in paragraph (5)(A), by striking ``or personnel'' in
the matter preceding clause (i); and
(iii) in paragraph (5)(B), by striking ``or agency
involved'' in the second sentence and inserting ``involved or
the Director of the Central Intelligence Agency (in the case
of the Central Intelligence Agency)'';
(C) in subsection (l)(2)(B), by striking ``section'' and
inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other'' after
``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''.

SEC. 4502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO
JOINT MILITARY INTELLIGENCE PROGRAM AND
TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.

Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended--
(1) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs''.

SEC. 4503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM
AND TERRORISM PREVENTION ACT OF 2004.

(a) Amendments to National Security Intelligence Reform Act
of 2004.--The National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458) is further amended as
follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by
striking ``Attorney General'' the second place it appears and
inserting ``Department of Justice''.
(2) In section 1061 (5 U.S.C. 601 note)--
(A) in subsection (d)(4)(A), by striking ``National
Intelligence Director'' and inserting ``Director of National
Intelligence''; and
(B) in subsection (h), by striking ``National Intelligence
Director'' and inserting ``Director of National
Intelligence''.
(3) In section 1071(e), by striking ``(1)''.
(4) In section 1072(b), by inserting ``Agency'' after
``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
amended as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting ``of'' before ``an
institutional culture'';
(B) in subsection (e)(2), by striking ``the National
Intelligence Director in a manner consistent with section
112(e)'' and inserting ``the Director of National
Intelligence in a manner consistent with applicable law'';
and
(C) in subsection (f), by striking ``shall,'' in the matter
preceding paragraph (1) and inserting ``shall''.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal'' and
inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific'' and
inserting ``specific''.

SEC. 4504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE, ARISING FROM ENACTMENT OF THE
INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004.

(a) References to Head of Intelligence Community.--Title
10, United States Code, is amended by striking ``Director of
Central Intelligence'' each place it appears in a provision
as follows and inserting ``Director of National
Intelligence'':
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by
striking ``Director of Central Intelligence'' each place it
appears in a provision as follows and inserting ``Director of
National Intelligence'':
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--
Section 444 of such title is amended by striking ``Director
of Central Intelligence'' each place it appears and inserting
``Director of the Central Intelligence Agency''.

SEC. 4505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE
AGENCY ACT OF 1949.

Section 5(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(1)) is amended by striking
``authorized under paragraphs (2) and (3) of section 102(a),
subsections (c)(7) and (d) of section 103, subsections (a)
and (g) of section 104, and section 303 of the National
Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7),
(d), 403-4(a), (g), and 405)'' and inserting ``authorized
under section 104A of the National Security Act of 1947 (50
U.S.C. 403-4a).''.

SEC. 4506. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR
NATIONAL INTELLIGENCE PROGRAM.

(a) In General.--Subsection (a) of section 1403 of the
National Defense Authorization Act for Fiscal Year 1991 (50
U.S.C. 404b) is amended--
(1) in the subsection caption, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of DNI.--That section is further
amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendment.--The heading of that section is
amended to read as follows:

``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.

SEC. 4507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

(a) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by striking the item relating
to the Director of Central Intelligence and inserting the
following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by striking the item relating
to the Deputy Directors of Central Intelligence.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the General Counsel of the Office of the National
Intelligence Director and inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.

SEC. 4508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF
THE NATIONAL IMAGERY AND MAPPING AGENCY AS THE
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

(a) Title 5, United States Code.--(1) Title 5, United
States Code, is amended by striking ``National Imagery and
Mapping Agency'' each place it appears in a provision as
follows and inserting ``National Geospatial-Intelligence
Agency'':
(A) Section 2302(a)(2)(C)(ii).
(B) Section 3132(a)(1)(B).
(C) Section 4301(1) (in clause (ii)).
(D) Section 4701(a)(1)(B).
(E) Section 5102(a)(1) (in clause (x)).
(F) Section 5342(a)(1) (in clause (K)).
(G) Section 6339(a)(1)(E).
(H) Section 7323(b)(2)(B)(i)((XIII).
(2) Section 6339(a)(2)(E) of such title is amended by
striking ``National Imagery and Mapping Agency, the Director
of the National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency, the Director of
the National Geospatial-Intelligence Agency''.
(b) Title 44, United States Code.--(1)(A) Section 1336 of
title 44, United States Code,

[[Page S11898]]

is amended by striking ``National Imagery and Mapping
Agency'' both places it appears and inserting ``National
Geospatial-Intelligence Agency''.
(B) The heading of such section is amended to read as
follows:

``Sec. 1336. National Geospatial-Intelligence Agency: special
publications''.

(2) The table of sections at the beginning of chapter 13 of
such title is amended by striking the item relating to
section 1336 and inserting the following new item:

``1336. National Geospatial-Intelligence Agency: special
publications.''.
(c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of
the Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(d) Inspector General Act of 1978.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``National Imagery and Mapping Agency'' each place
it appears and inserting ``National Geospatial-Intelligence
Agency''.
(e) Ethics in Government Act of 1978.--Section 105(a)(1) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(f) Other Acts.--
(1) Section 7(b)(2)(A)(i) of the Employee Polygraph
Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(2) Section 207(a)(2)(B) of the Legislative Branch
Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by
striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.

SEC. 4509. OTHER TECHNICAL AMENDMENTS RELATING TO
RESPONSIBILITY OF THE DIRECTOR OF NATIONAL
INTELLIGENCE AS HEAD OF THE INTELLIGENCE
COMMUNITY.

(a) In General.--
(1) The Public Interest Declassification Act of 2000 (50
U.S.C. 435 note) is amended by striking ``Director of Central
Intelligence'' each place it appears in a provision as
follows and inserting ``Director of National Intelligence'':
(A) Section 704(c)(2)(B).
(B) Section 706(b)(2).
(C) Section 706(e)(2)(B).
(2) Section 705(c) of such Act is amended by striking ``the
Director of Central Intelligence, as head of the intelligence
community,'' and inserting ``the Director of National
Intelligence''.
(b) Conforming Amendment.--The heading of section 705(c) of
such Act is amended by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''.
______

SA 2986. Mr. BROWNBACK 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. SECRET SERVICE PROTECTION FOR FOREIGN OFFICIALS
FROM COUNTRIES DESIGNATED AS STATE SPONSORS OF
TERRORISM.

Section 3056 of title 18, United States Code, is amended by
adding at the end the following:
``(h) Nothing in this section or section 3056A may be
construed to authorize the United States Secret Service to
provide protection for a visiting head of a foreign state or
foreign government or for a foreign government official from
a country the Department of State has designated as a state
sponsor of terrorism during a visit to the site of a
terrorist attack within the United States.''.
______

SA 2987. Mr. BROWNBACK 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. SECRET SERVICE PROTECTION FOR FOREIGN OFFICIALS
FROM COUNTRIES DESIGNATED AS STATE SPONSORS OF
TERRORISM.

It is the sense of Congress that the authorization under
sections 3056 and 3056A of title 18, United States Code, for
the United States Secret Service to provide protection for a
visiting head of a foreign state or foreign government or for
a foreign government official does not include providing
protection for a visit to the site of a terrorist attack
within the United States by a visiting head of a foreign
state or foreign government or a foreign government official
from a country the Department of State has designated as a
state sponsor of terrorism.
______

SA 2988. Mr. LEVIN 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 A of title XII, add the following:

SEC. 1204. ASSISTANCE FOR GLOBAL PEACE OPERATIONS INITIATIVE
PARTNER COUNTRIES DEPLOYING FOR PEACE
OPERATIONS.

(a) In General.--During fiscal years 2008 and 2009, the
Secretary of Defense may, with the concurrence of the
Secretary of State, provide assistance to foreign countries
that have committed to deploying units trained by the United
States or its partners under the Global Peace Operations
Initiative (GPOI) to peace operations.
(b) Selection of Countries.--The Secretary of Defense and
the Secretary of State shall jointly select the countries
described in subsection (a) for which assistance may be
provided under that subsection.
(c) Types of Assistance.--The assistance provided under
subsection (a) may include only the following:
(1) Inspection of--
(A) units described in subsection (a) in order to determine
their readiness and ability to carry out peace operations;
and
(B) the equipment depots to be used by such units in
deployments for peace operations.
(2) Identification of the training and equipping
shortfalls, if any, of the units described in subsection (a).
(3) Provision of additional training to the units described
in subsection (a), if required, in order to ensure that such
units can carry out peace operations.
(4) Provision of equipment for units described in
subsection (a), if required, pending deployment for a peace
operation.
(5) Assistance in addressing deficiencies in personnel with
specialized skills of units described in subsection (a) or in
headquarters staffs of such units.
(6) Facilitation of the deployment of units described in
subsection (a), if required, for missions under a peace
operation.
(d) Formulation of Assistance.--The Secretary of Defense
and the Secretary of State shall jointly formulate the
provision of assistance under subsection (a).
(e) Notice on Use of Authority.--
(1) Requirement for notice.--Whenever the Secretary of
Defense exercises the authority under subsection (a) by
taking the action described in subsection (b), the Secretary
shall notify the committees of Congress specified in
paragraph (3) not later than 15 days before the exercise of
the authority. Any such notification shall be prepared in
coordination with the Secretary of State.
(2) Elements of notice.--Any notification under paragraph
(1) on the exercise of authority shall include--
(A) a description of the country and unit or units to be
provided assistance;
(B) a description of the type of assistance to be provided;
and
(C) a statement of the amount of funding to be provided for
each country and for each type of assistance.
(3) Committees of congress.--The committees of Congress
specified in this subsection are the following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(f) Respect for Human Rights.--Assistance may not be
provided under subsection (a) to a unit of forces unless the
Secretary of Defense and the Secretary of State jointly
determine that the unit and its personnel maintain a record
on human rights that meets requirements of the following:
(1) Section 8060 of the Department of Defense
Appropriations Act, 2007 (Public Law 109-289; 120 Stat.
1287).
(2) Section 551 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102; 119 Stat. 2218).
(g) Applicable Law.--Any services, defense articles, or
funds provided under this section shall be subject to the
authorities and limitations in the Foreign Assistance Act of
1961, the Arms Export Control Act, and any Acts making
appropriations to carry out such Acts.
(h) Accounting for Assistance.--
(1) In general.--The Secretary of Defense and the Secretary
of State shall jointly develop and maintain a system for
maintaining a full accounting of the assistance provided
under subsection (a).
(2) Elements.--The accounting required under paragraph (1)
shall include the following:

[[Page S11899]]

(A) For any assistance so provided--
(i) the foreign country provided such assistance;
(ii) the period during which such assistance is provided;
(iii) the type of assistance provided; and
(iv) when applicable, the specific units provided such
assistance.
(B) For each foreign country provided such assistance, a
description (updated on an on-going basis) of the peace
operations being conducted by the country, including a
separate description (so updated) of peace operations being
conducted by each unit of the country conducting such
operations.
(i) Funding.--Of the amount authorized to be appropriated
by section 301 for operation and maintenance for the
Department of Defense, $100,000,000 may be available in
fiscal year 2008 for the provision of assistance under
subsection (a).
______

SA 2989. Mr. DORGAN (for himself and Mr. Dodd) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title XV, add the following:

SEC. 1535. TRACKING AND MONITORING OF DEFENSE ARTICLES
PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER
INDIVIDUALS AND GROUPS IN IRAQ.

(a) Export and Transfer Control Policy.--The President, in
coordination with the Secretary of State and the Secretary of
Defense, shall implement a policy to control the export and
transfer of defense articles into Iraq, including
implementation of the registration and monitoring system
under subsection (c).
(b) Requirement to Implement Control System.--
Notwithstanding any other provision of law, no defense
articles may be provided to the Government of Iraq or any
other group, organization, citizen, or resident of Iraq until
the Secretary of State certifies that a registration and
monitoring system meeting the requirements set forth in
subsection (c) has been established.
(c) Registration and Monitoring System.--The registration
and monitoring system required under this section shall
include--
(1) the registration of the serial numbers of all small
arms provided to the Government of Iraq or to other groups,
organizations, citizens, or residents of Iraq;
(2) a program of enhanced end-use monitoring of all lethal
defense articles provided to such entities or individuals;
and
(3) a detailed record of the origin, shipping, and
distribution of all defense articles transferred under the
Iraq Security Forces Fund or any other security assistance
program to such entities or individuals in Iraq.
(d) Review.--The President shall periodically review the
items subject to the registration and monitoring requirements
under subsection (c) to determine what items, if any, no
longer warrant export controls under such subsection. The
results of such reviews shall be reported to the Speaker of
the House of Representatives and to the Committee on Foreign
Relations, the Committee on Armed Services, and the Committee
on Banking, Housing, and Urban Affairs of the Senate. The
President may not exempt any item from such requirements
until 30 days after the date on which the President has
provided notice of the proposed removal to the Committee on
Foreign Affairs of the House of Representatives and to the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate in accordance with the procedures
applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1). Such notice shall describe the nature of any
controls to be imposed on that item under any other provision
of law.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403)(d)).
(2) Small arms.--The term ``small arms'' means--
(A) handguns;
(B) shoulder-fired weapons;
(C) light automatic weapons up to and including .50 caliber
machine guns;
(D) recoilless rifles up to and including 106mm;
(E) mortars up to and including 81mm;
(F) rocket launchers, man-portable;
(G) grenade launchers, rifle and shoulder fired; and
(H) individually operated weapons which are portable or can
be fired without special mounts or firing devices and which
have potential use in civil disturbances and are vulnerable
to theft.
(f) Effective Date.--This section shall take effect 90 days
after the date of the enactment of this Act, unless the
President certifies in writing to Congress that it is in the
vital interest of the United States to delay the effective
date of this section by an additional period of up to 90
days, including an explanation of such vital interest, in
which case the section shall take effect on such later
effective date.
______

SA 2990. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 214. GULF WAR ILLNESSES RESEARCH.

(a) Funding.--Of the amount authorized to be appropriated
by section 201(1) for research, development, test, and
evaluation for Army and available for Medical Advanced
Technology, $15,000,000 shall be available for the Army
Medical Research and Materiel Command to carry out, as part
of its Medical Research Program required by Congress, a
program for Gulf War Illnesses Research.
(b) Purpose.--The purpose of the program shall be to
develop diagnostic markers and treatments for the complex of
symptoms commonly known as ``Gulf War Illnesses (GWI)'',
including widespread pain, cognitive impairment, and
persistent fatigue in conjunction with diverse other symptoms
and abnormalities, that are associated with service in the
Southwest Asia theater of operations in the early 1990s
during the Persian Gulf War.
(c) Program Activities.--
(1) Highest priority under the program shall be afforded to
pilot and observational studies of treatments for the complex
of symptoms described in subsection (b) and comprehensive
clinical trials of such treatments that have demonstrated
effectiveness in previous past pilot and observational
studies.
(2) Secondary priority under the program shall be afforded
to studies that identify objective markers for such complex
of symptoms and biological mechanisms underlying such complex
of symptoms that can lead to the identification and
development of such markers and treatments.
(3) No study shall be funded under the program that is
based on psychiatric illness and psychological stress as the
central cause of such complex of symptoms (as is consistent
with current research findings).
(d) Program.--The program shall be conducted--
(1) using competitive selection and peer review for the
identification of activities having the most substantial
scientific merit, utilizing individuals with recognized
expertise in Gulf War illnesses in the design of the
solicitation and in the scientific and programmatic review
processes;
______

SA 2991. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

SEC. 1234. REPORTS ON PREVENTION OF MASS ATROCITIES.

(a) Department of State Report.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of State
shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report assessing the capability of the Department of State
to provide training and guidance to the command of an
international intervention force that seeks to prevent mass
atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of State to prepare for the training and guidance
of the command of an international intervention force.
(B) An assessment of the role played by the United States
in developing the ``responsibility to protect'' doctrine
described in paragraphs 138 through 140 of the outcome
document of the High-level Plenary Meeting of the General
Assembly adopted by the United Nations in September 2005, and
an update on actions taken by the United States Mission to
the United Nations to discuss, promote, and implement such
doctrine.
(C) An assessment of the potential capability of the
Department of State and other Federal departments and
agencies to support the development of new doctrines for the
training and guidance of an international intervention force
in keeping with the ``responsibility to protect'' doctrine.
(D) Recommendations as to the steps necessary to allow the
Secretary of State to provide more effective training and
guidance to an international intervention force.
(b) Department of Defense Report.--
(1) Report required.--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, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report assessing the capability of the Department of
Defense to provide training and guidance to the

[[Page S11900]]

command of an international intervention force that seeks to
prevent mass atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of Defense to prepare for the training and guidance
of the command of an international intervention force.
(B) An assessment of the potential capability of the
Department of Defense and other Federal departments and
agencies to support the development of new doctrines for the
training and guidance of an international intervention force
in keeping with the ``responsibility to protect'' doctrine.
(C) Recommendations as to the steps necessary to allow the
Secretary of Defense to provide more effective training and
guidance to an international intervention force.
(D) A summary of any assessments or studies of the
Department of Defense or other Federal departments or
agencies relating to ``Operation Artemis'', the 2004 French
military deployment and intervention in the eastern region of
the Democratic Republic of Congo to protect civilians from
local warring factions.
(c) International Intervention Force.--For the purposes of
this section, ``international intervention force'' means a
military force that--
(1) is authorized by the United Nations; and
(2) has a mission that is narrowly focused on the
protection of civilian life and the prevention of mass
atrocities such as genocide.
______

SA 2992. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title XI, add the following:

SEC. 1107. MODIFICATION OF AUTHORITIES RELATING TO
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC
AND TECHNICAL PERSONNEL.

(a) Increase in Number of DARPA Positions Under Program.--
Subsection (b)(1)(A) of section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5
U.S.C. 3104 note) is amended by striking ``40 scientific and
engineering positions'' and inserting ``60 scientific and
engineering positions''.
(b) Limitations on Additional Payments.--Subsection (d) of
such section is amended to read as follows:
``(d) Limitations on Additional Payments.--(1) The total
amount of the additional payments paid to an employee under
this section for any 12-month period may not exceed the
lesser of the following amounts:
``(A) $50,000 in fiscal year 2008, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than
the percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base
quarter of the year before the preceding calendar year
exceeds the Employment Cost Index for the base quarter of the
second year before the preceding calendar year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.
``(2) For purposes of paragraph (1), the term `base
quarter' has the meaning given that term in section 5302(3)
of title 5, United States Code.
``(3) Except as authorized by subsection (e), an employee
appointed under this section is not eligible for any bonus,
monetary award, or other monetary incentive for service
except for payments authorized under this section.
``(4) Notwithstanding any other provision of this section
(other than subsection (e)) or section 5307 of title 5,
United States Code, no additional payments may be paid to an
employee under this section in any calendar year if, or to
the extent that, the employee's total annual compensation
will exceed the maximum amount of total annual compensation
payable at the salary set in accordance with section 104 of
title 3, United States Code.''.
(c) Payment of Relocation Expenses.--Such section is
further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d), as amended by
subsection (b) of this section, the following new subsection
(e):
``(e) Payment of Relocation Expenses.--(1) An individual
appointed under this section may be paid travel,
transportation, and relocation expenses to the same extent,
in the same manner, and subject to the same conditions as the
payment of such expenses to an employee transferred in the
interests of the United States Government.
``(2) Amounts payable to an individual under this
subsection are in addition to any other amounts payable to
the individual under this section.''.
(d) Annual Reports.--Subsection (h) of such section, as
redesignated by subsection (c)(1) of this section, is further
amended by striking ``beginning in 1999 and ending in
2009,''.
(e) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``subsection (e)(1)''
and inserting `` subsection (f)(1)'';
(2) in subsection (b)(3), by striking ``subsection (d)(1)''
and inserting ``subsection (d)''; and
(3) in subsection (g), as redesignated by subsection (c)(1)
of this section, by striking ``subsection (e)(1)'' and
inserting ``subsection (f)(1)''.
(f) Effective Date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
______

SA 2993. Ms. LANDRIEU (for herself and Mr. Dorgan) 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. CAPTURE OF OSAMA BIN LADEN AND THE AL QAEDA
LEADERSHIP.

(a) United States Policy on Counterterrorist Operations.--
It shall be the policy of the United States Government that
the foremost objective of United States counterterrorist
operations is to protect United States persons and property
from terrorist attacks by capturing or killing Osama bin
Laden, Ayman al-Zawahiri, and other leaders of al Qaeda and
destroying the al Qaeda network.
(b) Authorization of Appropriations for Central
Intelligence Agency.--There is hereby authorized to be
appropriated for the Central Intelligence Agency for fiscal
year 2008, $25,000,000 to conduct counterterrorist operations
that assist in the destruction of the al Qaeda network.
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $25,000,000, with the amount
of the reduction to be allocated to amounts available for the
Defense Business Transformation Agency is hereby reduce
______

SA 2994. Ms. LANDRIEU 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 III, add the following:

SEC. 325. 8TH AIR FORCE CYBERSPACE INNOVATION CENTER.

Of the amount authorized to be appropriated by section
301(3) for operation and maintenance for the Air Force,
$5,000,000 may be available for the 8th Air Force Cyberspace
Innovation Center in Bossier City, Louisiana, to support the
Air Force Cyber Command at Barksdale Air Force Base,
Louisiana.
______

SA 2995. Mr. AKAKA (for himself and Mr. Webb) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

On page 326, between lines 17 and 18, insert the following:

SEC. 1044. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE
TOMB OF THE UNKNOWNS AT ARLINGTON NATIONAL
CEMETERY, VIRGINIA.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of Veterans Affairs shall jointly submit to
Congress a report setting forth the following:
(1) The current plans of the Secretaries with respect to--
(A) replacing the monument at the Tomb of the Unknowns at
Arlington National Cemetery, Virginia; and
(B) disposing of the current monument at the Tomb of the
Unknowns, if it were removed and replaced.
(2) An assessment of the feasibility and advisability of
repairing the monument at the Tomb of the Unknowns rather
than replacing it.
(3) A description of the current efforts of the Secretaries
to maintain and preserve the monument at the Tomb of the
Unknowns.
(4) An explanation of why no attempt has been made since
1989 to repair the monument at the Tomb of the Unknowns.
(5) A comprehensive estimate of the cost of replacement of
the monument at the Tomb

[[Page S11901]]

of the Unknowns and the cost of repairing such monument.
(6) An assessment of the structural integrity of the
monument at the Tomb of the Unknowns.
(b) Limitation on Action.--The Secretary of the Army and
the Secretary of Veterans Affairs may not take any action to
replace the monument at the Tomb of the Unknowns at Arlington
National Cemetery, Virginia, until 180 days after the date of
the receipt by Congress of the report required by subsection
(a).
(c) Exception.--The limitation in subsection (b) shall not
prevent the Secretary of the Army or the Secretary of
Veterans Affairs from repairing the current monument at the
Tomb of the Unknowns or from acquiring any blocks of marble
for uses related to such monument, subject to the
availability of appropriations for that purposes.
______

SA 2996. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

On page 362, line 10, insert after ``congressional defense
committees'' the following: ``, and to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives,''.
On page 375, beginning on line 21, insert after
``congressional defense committees'' the following: ``, and
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives,''.
On page 377, strike line 24 and all that follows through
page 378, line 3, and insert the following:
(D) an evaluation of the use and effectiveness of funds
provided under the Commanders' Emergency Response Program.
On page 379, beginning on line 5, strike ``the extent'' and
all that follows through line 8 and insert ``United States
policy with regard to cooperation with such drug traffickers
for counterterrorism purposes.''.
On page 382, beginning on line 12, insert after
``reimbursed'' the following: ``from funds authorized to be
made available to the Department of Defense''.
On page 382, line 22, insert after ``congressional defense
committees'' the following: ``, and to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives,''.
On page 383, line 17, insert after ``congressional defense
committees'' the following: ``, and to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives,''.
On page 392, beginning on line 10, strike ``the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives'' and insert `` the
Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and Foreign
Affairs of the House of Representatives''.
On page 407, line 20, insert after ``Armed Services'' the
following: ``, Foreign Relations,''.
______

SA 2997. Mr. BIDEN (for himself, Mr. Brownback, Mrs. Boxer, Mr.
Specter, Mr. Kerry, Mr. Smith, Mr. Nelson of Florida, Mrs. Hutchison,
Mr. Schumer, Ms. Mikulski, and Mrs. Lincoln) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 1535. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.

(a) Findings.--Congress makes the following findings:
(1) Iraq continues to experience a self-sustaining cycle of
sectarian violence.
(2) The ongoing sectarian violence presents a threat to
regional and world peace, and the long-term security
interests of the United States are best served by an Iraq
that is stable, not a haven for terrorists, and not a threat
to its neighbors.
(3) Iraqis must reach a comprehensive and sustainable
political settlement in order to achieve stability, and the
failure of the Iraqis to reach such a settlement is a primary
cause of increasing violence in Iraq.
(4) The Key Judgments of the January 2007 National
Intelligence Estimate entitled ``Prospects for Iraq's
Stability: A Challenging Road Ahead'' state, ``A number of
identifiable developments could help to reverse the negative
trends driving Iraq's current trajectory. They include:
Broader Sunni acceptance of the current political structure
and federalism to begin to reduce one of the major sources of
Iraq's instability . . . Significant concessions by Shia and
Kurds to create space for Sunni acceptance of federalism''.
(5) Article One of the Constitution of Iraq declares Iraq
to be a ``single, independent federal state''.
(6) Section Five of the Constitution of Iraq declares that
the ``federal system in the Republic of Iraq is made up of a
decentralized capital, regions, and governorates, and local
administrations'' and enumerates the expansive powers of
regions and the limited powers of the central government and
establishes the mechanisms for the creation of new federal
regions.
(7) The federal system created by the Constitution of Iraq
would give Iraqis local control over their police and certain
laws, including those related to employment, education,
religion, and marriage.
(8) The Constitution of Iraq recognizes the administrative
role of the Kurdistan Regional Government in 3 northern Iraqi
provinces, known also as the Kurdistan Region.
(9) The Kurdistan region, recognized by the Constitution of
Iraq, is largely stable and peaceful.
(10) The Iraqi Parliament approved a federalism law on
October 11th, 2006, which establishes procedures for the
creation of new federal regions and will go into effect 18
months after approval.
(11) Iraqis recognize Baghdad as the capital of Iraq, and
the Constitution of Iraq stipulates that Baghdad may not
merge with any federal region.
(12) Despite their differences, Iraq's sectarian and ethnic
groups support the unity and territorial integrity of Iraq.
(13) Iraqi Prime Minister Nouri al-Maliki stated on
November 27, 2006, ``The crisis is political, and the ones
who can stop the cycle of aggravation and bloodletting of
innocents are the politicians''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should actively support a political
settlement among Iraq's major factions based upon the
provisions of the Constitution of Iraq that create a federal
system of government and allow for the creation of federal
regions;
(2) the active support referred to in paragraph (1) should
include--
(A) calling on the international community, including
countries with troops in Iraq, the permanent 5 members of the
United Nations Security Council, members of the Gulf
Cooperation Council, and Iraq's neighbors--
(i) to support an Iraqi political settlement based on
federalism;
(ii) to acknowledge the sovereignty and territorial
integrity of Iraq; and
(iii) to fulfill commitments for the urgent delivery of
significant assistance and debt relief to Iraq, especially
those made by the member states of the Gulf Cooperation
Council;
(B) further calling on Iraq's neighbors to pledge not to
intervene in or destabilize Iraq and to agree to related
verification mechanisms; and
(C) convening a conference for Iraqis to reach an agreement
on a comprehensive political settlement based on the creation
of federal regions within a united Iraq;
(3) the United States should urge the Government of Iraq to
quickly agree upon and implement a law providing for the
equitable distribution of oil revenues, which is a critical
component of a comprehensive political settlement based upon
federalism; and
(4) the steps described in paragraphs (1), (2), and (3)
could lead to an Iraq that is stable, not a haven for
terrorists, and not a threat to its neighbors.
______

SA 2998. Mrs. MURRAY 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 G of title V, add the following:

SEC. 583. NATIONAL GUARD FAMILY ASSISTANCE CENTER
COORDINATORS.

(a) Conversion to Full-Time Employee Positions.--The
Secretary of Defense shall convert positions of National
Guard Family Assistance Center Coordinators (FACCs) to full-
time employee positions in a manner that satisfies the
requirements of subsection (b).
(b) Ratios of Coordinators to Reserve Component
Personnel.--
(1) In general.--Subject to paragraphs (3) and (4), the
Secretary shall ensure that the number of full-time employee
positions for National Guard Family Assistance Center
Coordinators in each State for a fiscal year is not less than
one such position for each increment of 1,000 members of in-
State National Guard and Reserve personnel in such State as
of September 30 of the preceding fiscal year.
(2) Increments.--If the aggregate number of in-State
National Guard and Reserve personnel in a State at the end of
a fiscal year is not a number evenly divisible by 1,000, the
number of increments of 1,000 members of in-State National
Guard and Reserve personnel in the State for purposes of
paragraph (1) shall be the number equal to--
(A) the aggregate number of such in-State National Guard
and Reserve personnel divided by 1,000 and rounded down to
the next lowest whole number; plus

[[Page S11902]]

(B) if the amount of the rounding down under subparagraph
(A) exceeds .3, an additional one.
(3) Minimum number.--The minimum number of full-time
employees positions for National Guard Family Assistance
Center Coordinators in any particular State shall be three
positions.
(4) Additional coordinators during mobilizations.--In the
event of the mobilization of a unit of the National Guard or
Reserve having a permanent duty location in a State, the
number of full-time employee positions for National Guard
Family Assistance Center Coordinators in such State shall be
increased by one such position for each 250 members of in-
State National Guard and Reserve personnel who are mobilized
during the period that--
(A) begins not later than 60 days before the date of the
mobilization of such unit; and
(B) ends on the date that is one year after the date of the
completion of the release of such unit from active duty or
other mobilized status.
(5) In-state national guard and reserve personnel
defined.--In this subsection, the term ``in-State National
Guard and Reserve personnel'', with respect to a State, means
the members of the National Guard and Reserve, whether on
active duty or inactive status, who have a permanent unit
duty location in such State.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be required to carry out
the provisions of this Act.
______

SA 2999. Mr. WEBB (for himself, Mrs. McCaskill, Ms. Klobuchar, Mr.
Brown, Mr. Casey, Mr. Tester, Mr. Cardin, Mr. Whitehouse, Mr. Sanders,
Mr. Levin, Mr. Carper, Mrs. Feinstein, Mr. Kerry, Mr. Johnson, Mrs.
Boxer, Mr. Obama, Mr. Leahy, Mr. Harkin, Ms. Stabenow, Mr. Dodd, Ms.
Landrieu, Mr. Feingold, Mr. Bayh, Mr. Pryor, Mr. Byrd, Mr. Durbin, and
Mrs. Clinton) submitted an amendment intented to be proposed by him to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1535. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND
CONTRACTING PROCESSES IN OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM.

(a) Commission on Wartime Contracting.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on Wartime
Contracting'' (in this subsection referred to as the
``Commission'').
(2) Membership matters.--
(A) Membership.--The Commission shall be composed of 8
members, as follows:
(i) 2 members shall be appointed by the Majority Leader of
the Senate, in consultation with the Chairmen of the
Committee on Armed Services and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(ii) 2 members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairmen
of the Committee on Armed Services and the Committee on
Oversight and Government Reform of the House of
Representatives.
(iii) 1 member shall be appointed by the Minority Leader of
the Senate, in consultation with the Ranking Minority Members
of the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(iv) 1 member shall be appointed by the Minority Leader of
the House of Representatives, in consultation with the
Ranking Minority Member of the Committee on Armed Services
and the Committee on Oversight and Government Reform of the
House of Representatives.
(v) 1 member shall be appointed by the Secretary of
Defense.
(vi) 1 member shall be appointed by the Secretary of State.
(B) Deadline for appointments.--All appointments to the
Commission shall be made not later than 90 days after the
date of the enactment of this Act.
(C) Chairman and vice chairman.--
(i) Chairman.--The chairman of the Commission shall be a
member of the Commission selected by the members appointed
under clauses (i) and (ii) of subparagraph (A), but only if
approved by the vote of a majority of the members of the
Commission.
(ii) Vice chairman.--The vice chairman of the Commission
shall be a member of the Commission selected by the members
appointed under clauses (iii) and (iv) of subparagraph (A),
but only if approved by the vote of a majority of the members
of the Commission.
(3) Duties.--
(A) General duties.--The Commission shall study and
investigate the following matters:
(i) Federal agency contracting for the reconstruction of
Iraq and Afghanistan.
(ii) Federal agency contracting for the logistical support
of coalition forces in Operation Iraqi Freedom and Operation
Enduring Freedom.
(iii) Federal agency contracting for the performance of
security and intelligence functions in Operation Iraqi
Freedom and Operation Enduring Freedom.
(B) Scope of contracting covered.--The Federal agency
contracting covered by this paragraph includes contracts
entered into both in the United States and abroad for the
performance of activities described in subparagraph (A),
whether performed in the United States or abroad.
(C) Particular duties.--In carrying out the study under
this paragraph, the Commission shall assess--
(i) the extent and impact of the reliance of the Federal
Government on contractors to perform functions (including
security, intelligence, and management functions) in
Operation Iraqi Freedom and Operation Enduring Freedom;
(ii) the performance of the contracts under review, and the
mechanisms used to manage the performance of the contracts
under review;
(iii) the extent of waste, fraud, abuse, or mismanagement
under such contracts;
(iv) the extent to which those responsible for such waste,
fraud, abuse, or mismanagement have been held financially or
legally accountable; and
(v) the appropriateness of the organizational structure,
policies, practices, and resources of the Department of
Defense and the Department of State for handling contingency
contract management and support;
(vi) the extent of the misuse of force or violations of the
laws of war or federal statutes by contractors.
(4) Reports.--
(A) Interim report.--Not later than one year after the date
of the appointment of all of the members of the Commission
under paragraph (2), the Commission shall submit to Congress
an interim report on the study carried out under paragraph
(3), including the results and findings of the study as of
that date.
(B) Other reports.--The Commission may from time to time
submit to Congress such other reports on the study carried
out under paragraph (3) as the Commission considers
appropriate.
(C) Final report.--Not later than two years after the date
of the appointment of all of the members of the Commission
under paragraph (2), the Commission shall submit to Congress
a report on the study carried out under paragraph (3). The
report shall--
(i) include the findings of the Commission;
(ii) identify lessons learned on the contracting covered by
the study; and
(iii) include specific recommendations for improvements to
be made in--

(I) the process for developing contract requirements for
wartime contracts and contracts for contingency operations;
(II) the process for awarding contracts and task orders for
wartime contracts and contracts for contingency operations;
(III) the process for managing and providing oversight for
the performance of wartime contracts and contracts for
contingency operations;
(IV) the process for holding contractors and their
employees accountable for waste, fraud, abuse, or
mismanagement under wartime contracts and contracts for
contingency operations;
(V) the process for determining which functions are
inherently governmental and which functions are appropriate
for performance by contractors in an area of combat
operations (including an area of a contingency operation),
including a determination whether the use of civilian
contractors to provide security in an area of combat
operations is a function that is inherently governmental;
(VI) the organizational structure, resources, policies and
practices of the Department of Defense and the Department of
State handling contract management and support for wartime
contracts and contracts for contingency operations; and
(VII) the process by which roles and responsibilities with
respect to wartime contracts and contracts for contingency
operations are distributed among the various departments and
agencies of the Federal Government, and interagency
coordination and communication mechanisms associated with
wartime contracts and contracts for contingency operations.

(5) Other powers and authorities.--
(A) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this
subsection--
(i) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(ii) subject to subparagraph (B)(i), require, by subpoena
or otherwise, require the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or
designated member may determine advisable.
(B) Subpoenas.--
(i) Issuance.--

(I) In general.--A subpoena may be issued under
subparagraph (A) only--

(aa) by the agreement of the chairman and the vice
chairman; or

[[Page S11903]]

(bb) by the affirmative vote of 5 members of the
Commission.

(II) Signature.--Subject to subclause (I), subpoenas issued
under this subparagraph may be issued under the signature of
the chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.

(ii) Enforcement.--

(I) In general.--In the case of contumacy or failure to
obey a subpoena issued under clause (i), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(II) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of subclause (I) or this subclause,
the Commission may, by majority vote, certify a statement of
fact constituting such failure to the appropriate United
States attorney, who may bring the matter before the grand
jury for its action, under the same statutory authority and
procedures as if the United States attorney had received a
certification under sections 102 through 104 of the Revised
Statutes of the United States (2 U.S.C. 192 through 194).

(C) Access to information.--The Commission may secure
directly from the Department of Defense and any other
department or agency of the Federal Government any
information or assistance that the Commission considers
necessary to enable the Commission to carry out the
requirements of this subsection. Upon request of the
Commission, the head of such department or agency shall
furnish such information expeditiously to the Commission.
Whenever information or assistance requested by the
Commission is unreasonably refused or not provided, the
Commission shall report the circumstances to Congress without
delay.
(D) Personnel.--The Commission shall have the authorities
provided in section 3161 of title 5, United States Code, and
shall be subject to the conditions set forth in such section,
except to the extent that such conditions would be
inconsistent with the requirements of this subsection.
(E) Detailees.--Any employee of the Federal Government
employee may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her
regular employment without interruption.
(F) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the
extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without
the appropriate security clearances.
(G) Violations of law.--
(i) Referral to attorney general.--The Commission may refer
to the Attorney General any violation or potential violation
of law identified by the Commission in carrying out its
duties under this subsection.
(ii) Reports on results of referral.--The Attorney General
shall submit to Congress a report on each prosecution,
conviction, resolution, or other disposition that results
from a referral made under this subparagraph.
(6) Termination.--The Commission shall terminate on the
date that is 60 days after the date of the submittal of its
final report under paragraph (4)(C).
(7) Contingency operation defined.--In this subsection, the
term ``contingency operation'' has the meaning given that
term in section 101 of title 10, United States Code.
(b) Investigation of Waste, Fraud, Abuse, and
Mismanagement.--
(1) In general.--The Special Inspector General for Iraq
Reconstruction shall, in collaboration with the Inspector
General of the Department of Defense, the Inspector General
of the Department of State, the Inspector General of the
United States Agency for International Development, the
Inspector General of the Director of National Intelligence,
the Inspector General of the Central Intelligence Agency, and
the Inspector General of the Defense Intelligence Agency and
in consultation with the Commission on Wartime Contracting
established by subsection (a), conduct a series of audits to
identify potential waste, fraud, abuse, or mismanagement in
the performance of--
(A) Department of Defense contracts and subcontracts for
the logistical support of coalition forces in Operation Iraqi
Freedom and Operation Enduring Freedom; and
(B) Federal agency contracts and subcontracts for the
performance of security, intelligence, and reconstruction
functions in Operation Iraqi Freedom and Operation Enduring
Freedom.
(2) Scope of audits of contracts.--Each audit conducted
pursuant to paragraph (1)(A) shall focus on a specific
contract, task order, or site of performance under a contract
or task order and shall examine, at a minimum, one or more of
the following issues:
(A) The manner in which requirements were developed.
(B) The procedures under which the contract or task order
was awarded.
(C) The terms and conditions of the contract or task order.
(D) The contractor's staffing and method of performance,
including cost controls.
(E) The efficacy of Department of Defense management and
oversight, Department of State management and oversight, and
United States Agency for International Development management
and oversight, including the adequacy of staffing and
training of officials responsible for such management and
oversight.
(F) The flow of information from the contractor to
officials responsible for contract management and oversight.
(3) Scope of audits of other contracts.--Each audit
conducted pursuant to paragraph (1)(B) shall focus on a
specific contract, task order, or site of performance under a
contract or task order and shall examine, at a minimum, one
or more of the following issues:
(A) The manner in which the requirements were developed and
the contract or task order was awarded.
(B) The manner in which the Federal agency exercised
control over the contractor's performance.
(C) The extent to which operational field commanders are
able to coordinate or direct the contractor's performance in
an area of combat operations.
(D) The extent to which the functions performed were
appropriate for performance by a contractor.
(E) The degree to which contractor employees were properly
screened, selected, trained, and equipped for the functions
to be performed.
(F) The nature and extent of any incidents of misconduct or
unlawful activity by contractor employees.
(G) The extent to which any incidents of misconduct or
unlawful activity were reported, documented, investigated,
and (where appropriate) prosecuted.
(4) Continuation of special inspector general.--
(A) In general.--Notwithstanding section 3001(o) of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 5 U.S.C. App. 8G note), the Office of the Special
Inspector General for Iraq Reconstruction shall not terminate
until the date that is 60 days after the date of the
submittal under paragraph (4)(C) of subsection (a) of the
final report of the Commission on Wartime Contracting
established by subsection (a).
(B) Reaffirmation of certain duties and responsibilities.--
Congress reaffirms that the Special Inspector General for
Iraq Reconstruction retains the duties and responsibilities
in sections 4 of the Inspector General Act of 1978 (5 U.S.C.
App. 4; relating to reports of criminal violations to the
Attorney General) and section 5 of the Inspector General Act
of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as
expressly provided in subsections (f)(3) and (i)(3),
respectively, of section 3001 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be required to carry out
the provisions of this section.
______

SA 3000. Mr. CARDIN (for himself and Ms. Mikulski) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 2842. AUTHORITY TO RELOCATE THE JOINT SPECTRUM CENTER TO
FORT MEADE, MARYLAND.

(a) Authority to Carry Out Relocation Agreement.--If deemed
to be in the best interest of national security and to the
physical protection of personnel and missions of the
Department of Defense, the Secretary of Defense may carry out
an agreement to relocate the Joint Spectrum Center, a
geographically separated unit of the Defense Information
Systems Agency, from Annapolis, Maryland to Fort Meade,
Maryland or another military installation, subject to an
agreement between the lease holder and the Department of
Defense for equitable and appropriate terms to facilitate the
relocation.
(b) Authorization.--Any facility, road or infrastructure
constructed or altered on a military installation as a result
of the agreement must be authorized in accordance with
section 2802 of title 10, United States Code.
(c) Termination of Existing Lease.--Upon completion of the
relocation of the Joint Spectrum Center, all right, title,
and interest of the United States in and to the existing
lease for the Joint Spectrum Center shall be terminated, as
contemplated under Condition 29.B of the lease.
______

SA 3001. Mr. BAUCUS submitted an amendment intended to be proposed by

[[Page S11904]]

him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XXVIII, insert the following:

SEC. 2854. RIGHT OF RECOUPMENT RELATED TO LAND CONVEYANCE,
HELENA, MONTANA.

Section 2843(b) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3525) is
amended to read as follows:
``(b) Effect of Reconveyance or Lease.--
``(1) Reconveyance.--If, at any time during the 10-year
period following the conveyance of property under subsection
(a), the Helena Indian Alliance reconveys all or any part of
the conveyed property, the Alliance shall pay to the United
States an amount equal to the fair market value of the
reconveyed property as of the time of the reconveyance,
excluding the value of any improvements made to the property
by the Alliance, as determined by the Secretary in accordance
with Federal appraisal standards and procedures.
``(2) Lease.--The Secretary may treat a lease of property
conveyed under subsection (a) within such 10-year period as a
reconveyance if the Secretary determines that the lease is
being used to avoid application of paragraph (1).''.
______

SA 3002. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XXVIII, insert the following:

SEC. 2854. MODIFICATION OF LAND CONVEYANCE TERMS, HELENA,
MONTANA.

Section 2843(b) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3525) is
amended to read as follows:
``(b) Use of Property for Other Than Intended Purpose.--If
the Secretary determines at any time that the real property
conveyed under subsection (a) is not being used in accordance
with the purposes of the conveyance specified in such
subsection, the Secretary shall require the Helena Indian
Alliance to pay to the United States an amount equal to the
fair market value of the property as of the time of such
determination, excluding the value of any improvements made
to the property by the Alliance, as determined by the
Secretary in accordance with Federal appraisal standards and
procedures.''.
______

SA 3003. Mrs. McCASKILL (for herself, Mr. Pryor, Mr. Leahy, Mr. Bond,
Mr. Kerry, Ms. Mikulski, Mrs. Hutchison, Mr. Crapo, Mr. Voinovich, Mr.
Smith, Mr. Alexander, Mr. Martinez, Mr. Harkin, Mr. Dodd, Mr. Nelson,
of Florida Mrs. Lincoln, Mr. Wyden, Mr. Brown, Mrs. Murray, and Mr.
Lugar) 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:

Strike section 1029.
______

SA 3004. Mr. OBAMA (for himself, Mr. Enzi, and Mrs. McCaskill)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

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

SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT
AGAINST CERTAIN FAMILY MEMBERS CARING FOR
RECOVERING MEMBERS OF THE ARMED FORCES.

(a) Additional Purpose of USERRA.--Section 4301(a) of title
38, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) to ensure that family members of recovering
servicemembers are able to provide family-based care for such
servicemembers during their recovery.''.
(b) Prohibition.--Subchapter II of chapter 43 of such title
is amended by adding at the end the following new section:

``Sec. 4320. Employment rights of family members caring for
recovering members of the Armed Forces

``(a) Prohibition.--Subject to subsection (d), a family
member of a recovering servicemember described in subsection
(b) shall not be denied retention in employment, promotion,
or any benefit of employment by an employer on the basis of
the family member's absence from employment as described in
subsection (b) for a period of not more than 52 workweeks.
``(b) Covered Family Members.--A family member described in
this subsection is a family member of a recovering
servicemember who is--
``(1) on invitational orders while caring for the
recovering servicemember;
``(2) a non-medical attendee caring for the recovering
servicemember; or
``(3) receiving per diem payments from the Department of
Defense while caring for the recovering servicemember.
``(c) Application of Other Available Leave.--(1) To the
extent that the family member has other available leave, the
family member shall apply the leave to the 52-workweek period
described in subsection (a), whether or not the leave would
otherwise be usable for the absence from employment as
described in subsection (b).
``(2) Except as otherwise provided in this section, the
provisions of any Federal or State law covering the other
available leave, or of any employment benefit program or plan
under which the other available leave is offered, shall
continue to apply during the period in which the leave is
applied under paragraph (1).
``(3) In this subsection, the term `other available leave'
means available leave, paid or unpaid, that is vacation
leave, personal leave, family leave, or medical or sick leave
(including leave available under the Family and Medical Leave
Act of 1993 (29 U.S.C. 2601 et seq.)).
``(d) Applicability to Multiple Family Members.--Not more
than two family members of a recovering servicemember are
entitled to coverage under subsection (a) at any one time.
``(e) Certification of Coverage.--The Secretary of Defense
shall seek to minimize administrative burdens to family
members and employers under this section and shall, in
consultation with the Secretary of Labor, establish
procedures for certifying to employers of coverage by
subsection (a) of family members covered by that subsection.
Such procedures shall include mechanisms for identifying the
family members covered by subsection (a) in circumstances
described by subsection (d).
``(f) Definitions.--In this section:
``(1) The term `caring for', with respect to a recovering
servicemember, means providing personal, medical, or
convalescent care to the recovering servicemember, under
circumstances that substantially interfere with a family
member's ability to work.
``(2) The term `employer' has the meaning given such term
in section 4303(4) of this title, except that the term does
not include any person who is not considered to be an
employer under title I of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 et seq.) because the person does not
meet the requirements of section 101(4)(A)(i) of such Act (29
U.S.C. 2611(4)(A)(i)). .
``(3) The term `family member', with respect to a
recovering servicemember, has the meaning given that term in
section 411h(b) of title 37.
``(4) The term `recovering servicemember' means a member of
the Armed Forces, including a member of the National Guard or
a Reserve, who is undergoing medical treatment, recuperation,
or therapy, or is otherwise in medical hold or medical
holdover status, for an injury, illness, or disease incurred
or aggravated while on active duty in the Armed Forces.''.
(c) Treatment of Actions.--
(1) In general.--Section 4311 of such title is amended--
(A) in subsection (a)--
(i) by inserting ``(1)'' after ``(a)''; and
(ii) by adding at the end the following new paragraph:
``(2) A person described in section 4320(a) of this title
shall not be denied retention in employment, promotion, or
any benefit of employment by an employer on the basis of the
family member's absence from employment as described in
section 4320(b) of this title.''; and
(B) in subsection (c)(1), by inserting `` as described in
paragraph (1) of that subsection, or the person's absence
from employment as described in paragraph (2) of that
subsection,'' after ``service in the uniformed services''.
(2) Conforming amendment.--The heading of such section is
amended to read as follows:

``Sec. 4311. Discrimination and acts of reprisal prohibited:
persons who serve in the uniformed services; family
caregivers of recovering members of the Armed Forces''.

(d) Clerical Amendments.--The table of sections at the
beginning of chapter 43 of such title is amended--
(1) by striking the item relating to section 4311 and
inserting the following new item:

[[Page S11905]]

``4311. Discrimination and acts of reprisal prohibited: persons who
serve in the uniformed services; family caregivers of
recovering members of the Armed Forces.''; and
(2) by inserting after the item relating to section 4319
the following new item:

``4320. Employment rights of family members caring for recovering
members of the Armed Forces.''.
______

SA 3005. Mr. FEINGOLD (for himself, Mr. Casey, Mr. Kennedy, Ms.
Mikulski, and Mr. Coleman) submitted an amendment intended to be
proposed by him to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

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

(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (3) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' has the meaning given
under section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 18 years, elderly adults,
persons with disabilities, and other persons with a mental or
physical disability, who are unable to care for themselves in
the absence of the qualified member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to use under paragraph (4)--
(A) any sick leave of that caregiver during a covered
period of service; and
(B) any leave available to that caregiver under subchapter
III or IV of chapter 63 of title 5, United States Code,
during a covered period of service.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to--
(i) the employing agency; and
(ii) the uniformed service of which the individual is a
member.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the giving of care by the employee to a
family member under the designation of the employee as the
caregiver for the family member.
(5) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out this subsection,
including a definition of activities that qualify as the
giving of care.
(6) Termination.--The program under this subsection shall
terminate on December 31, 2010.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (4) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' means an employee of a
business entity participating in the program under this
subsection.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 18 years, elderly adults,
persons with disabilities, and other persons with a mental or
physical disability, who are unable to care for themselves in
the absence of the qualified member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor shall establish a
program to authorize employees of business entities described
under paragraph (3) to use sick leave, or any other leave
available to an employee, during a covered period of service
for purposes relating to, or resulting from, the giving of
care by the employee to a family member under the designation
of the employee as the caregiver for the family member.
(B) Exception.--Subparagraph (A) shall not apply to leave
made available under the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor shall solicit business entities to voluntarily
participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to--
(i) the employing business entity; and
(ii) the uniformed service of which the individual is a
member.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the giving of care by the employee to a
family member under the designation of the employee as the
caregiver for the family member.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2010.
(c) GAO Report.--Not later than March 31, 2010, the
Government Accountability Office shall submit a report to
Congress on the programs under subsections (a) and (b) that
includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program.
(d) Offset.--The aggregate amount authorized to be
appropriated for fiscal year 2008 for the use of the
Department of Defense for research, development, test and
evaluation shall be reduced by $2,000,000.
______

SA 3006. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 2854. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE
SITE, GROSSE ILE, MICHIGAN.

(a) Transfer.--Administrative jurisdiction over the
property described in subsection (b) is hereby transferred
from the Administrator of the Environmental Protection Agency
to the Secretary of the Interior.
(b) Property Described.--The property referred to in
subsection (a) is the former Nike missile site, consisting of
approximately 50 acres located at the southern end of Grosse
Ile, Michigan, as depicted on the map entitled ``07-CE'' on
file with the Environmental Protection Agency and dated May
16, 1984.

[[Page S11906]]

(c) Administration of Property.--Subject to subsection (d),
the Secretary of the Interior shall administer the property
described in subsection (b)--
(1) acting through the United States Fish and Wildlife
Service;
(2) as part of the Detroit River International Wildlife
Refuge; and
(3) for use as a habitat for fish and wildlife and as a
recreational property for outdoor education and environmental
appreciation.
(d) Management Response.--The Secretary of Defense shall
manage and carry out environmental response activities with
respect to the property described in subsection (b) not later
than 2 years after the date of the enactment of this Act,
with the exception of long-term monitoring, using amounts
made available from the account established by section
2703(a)(5) of title 10, United States Code.
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
______

SA 3007. Mr. LEVIN (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

On page 491, between lines 8 and 9, insert the following:

SEC. 2818. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF
MILITARY CONSTRUCTION.

(a) Clarification of Requirement for Authorization.--
Section 2802(a) of title 10, United States Code, is amended
by inserting after ``military construction projects'' the
following: ``, land acquisitions, and defense access road
projects (as described under section 210 of title 23)''.
(b) Clarification of Definition.--Section 2801(a) of such
title is amended by inserting after ``permanent
requirements'' the following: ``, or any acquisition of land
or construction of a defense access road (as described in
section 210 of title 23)''.
______

SA 3008. Mr. LEVIN (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

On page 445, in the table preceding line 1, in the item
relating to Naval Station, Bremerton, Washington, strike
``$119,760,000'' and insert ``$190,690,000''.
On page 447, line 5, strike ``Funds'' and insert ``(a)
Authorization of Appropriations.--Funds''.
On page 447, line 9, strike ``$3,032,790,000'' and insert
``$3,103,720,000''.
On page 447, line 12, strike ``$1,717,016,000'' and insert
``$1,787,946,000''.
On page 449, between lines 16 and 17, insert the following:
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $70,930,000 (the balance of the amount authorized under
section 2201(a) for a nuclear aircraft carrier maintenance
pier at Naval Station Bremerton, Washington).
______

SA 3009. Mr. LEVIN (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title XXII, add the following:

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECT.

(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2105), as
amended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3493) and section 2205 of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2452) is amended--
(1) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$147,760,000'' in
the amount column and inserting ``$295,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$972,719,000''.
(b) Conforming Amendment.--Section 2204 of the Military
Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2107), as amended by
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3493) and section 2205 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2453) is amended--
(1) in subsection (a)(1), by striking ``$722,927,000'' and
inserting ``$870,167,000''; and
(2) in subsection (b)(6), by striking ``$95,320,000'' and
inserting ``$259,320,000''.
______

SA 3010. Mrs. McCASKILL (for herself, Mr. Biden, Mr. Kennedy, Mr.
Bond, and Mrs. Feinstein) submitted an amendment intended to be
proposed by her to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 1044. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER
AIRLIFT FORCE.

(a) Study Required.--
(1) In general.--The Secretary of Defense shall conduct a
study on various alternatives for the size and mix of assets
for the Air Force intertheater airlift force, with a
particular focus on current and planned capabilities and
costs of the C-5 aircraft and C-17 aircraft fleets.
(2) Conduct of study.--
(A) Use of ffrdc.--The Secretary shall select to conduct
the study required by subsection (a) a federally funded
research and development center (FFRDC) that has experience
and expertise in conducting studies similar to the study
required by subsection (a).
(B) Development of study methodology.--Not later than 90
days after the date of enactment of this Act, the federally
funded research and development center selected for the
conduct of the study shall--
(i) develop the methodology for the study; and
(ii) submit the methodology to the Comptroller General of
the United States for review.
(C) Comptroller general review.--Not later than 30 days
after receipt of the methodology under subparagraph (B), the
Comptroller General shall--
(i) review the methodology for purposes of identifying any
flaws or weaknesses in the methodology; and
(ii) submit to the federally funded research and
development center a report that--

(I) sets forth any flaws or weaknesses in the methodology
identified by the Comptroller General in the review; and
(II) makes any recommendations the Comptroller General
considers advisable for improvements to the methodology.

(D) Modification of methodology.--Not later than 30 days
after receipt of the report under subparagraph (C), the
federally funded research and development center shall--
(i) modify the methodology in order to address flaws or
weaknesses identified by the Comptroller General in the
report and to improve the methodology in accordance with the
recommendations, if any, made by the Comptroller General; and
(ii) submit to the congressional defense committees a
report that--

(I) describes the modifications of the methodology made by
the federally funded research and development center; and
(II) if the federally funded research and development
center does not improve the methodology in accordance with
any particular recommendation of the Comptroller General,
sets forth a description and explanation of the reasons for
such action.

(3) Utilization of other studies.--The study shall build
upon the results of the recent Mobility Capabilities Studies
of the Department of Defense, the on-going Intratheater
Airlift Fleet Mix Analysis, and other appropriate studies and
analyses. The study should also include any results reached
on the modified C-5A aircraft configured as part of the
Reliability Enhancement and Re-engining Program (RERP)
configuration, as specified in section 132 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1411).
(b) Elements.--The study under subsection (a) shall address
the following:
(1) The state of the current intertheater airlift fleet of
the Air Force, including the extent to which the increased
use of heavy airlift aircraft in Operation Iraqi Freedom,
Operation Enduring Freedom, and other ongoing operations is
affecting the aging of the aircraft of that fleet.

[[Page S11907]]

(2) The adequacy of the current intertheater airlift force,
including whether or not the current target number of 301
airframes for the Air Force heavy lift aircraft fleet will be
sufficient to support future expeditionary combat and non-
combat missions as well as domestic and training mission
demands consistent with the requirements of the National
Military Strategy.
(3) The optimal mix of C-5 aircraft and C-17 aircraft for
the intertheater airlift fleet of the Air Force, and any
appropriate mix of C-5 aircraft and C-17 aircraft for
intratheater airlift missions, including an assessment of the
following:
(A) The cost advantages and disadvantages of modernizing
the C-5 aircraft fleet when compared with procuring new C-17
aircraft, which assessment shall be performed in concert with
the Cost Analysis Improvement Group and be based on program
life cycle cost estimates for the respective aircraft.
(B) The military capability of the C-5 aircraft and the C-
17 aircraft, including number of lifetime flight hours, cargo
and passenger carrying capabilities, and mission capable
rates for such airframes. In the case of assumptions for the
C-5 aircraft, and any assumptions made for the mission
capable rates of the C-17 aircraft, sensitivity analyses
shall also be conducted to test assumptions. The military
capability study for the C-5 aircraft shall also include an
assessment of the mission capable rates after each of the
following:
(i) Successful completion of the Avionics Modernization
Program (AMP) and the Reliability Enhancement and Re-engining
Program (RERP).
(ii) Partially successful completion of the Avionics
Modernization Program and the Reliability Enhancement and Re-
engining Program, with partially successful completion of
either such program being considered the point at which the
continued execution of such program is no longer supported by
cost-benefit analysis.
(C) The tactical capabilities of strategic airlift
aircraft, the potential increase in use of strategic airlift
aircraft for tactical missions, and the value of such
capabilities to tactical operations.
(D) The value of having more than one type of aircraft in
the strategic airlift fleet, and the potential need to pursue
a replacement aircraft for the C-5 aircraft that is larger
than the C-17 aircraft.
(4) The means by which the Air Force was able to restart
the production line for the C-5 aircraft after having closed
the line for several years, and the actions to be taken to
ensure the production line for the C-17 aircraft could be
restarted if necessary, including--
(A) an analysis of the costs of closing and re-opening the
production line for the C-5 aircraft; and
(B) an assessment of the costs of closing and re-opening
the production line for the C-17 aircraft on a similar basis.
(5) The financial effects of retiring, upgrading and
maintaining, or continuing current operations of the C-5A
aircraft fleet on procurement decisions relating to the C-17
aircraft.
(6) The impact that increasing the role and use of
strategic airlift aircraft in intratheater operations will
have on the current target number for strategic airlift
aircraft of 301 airframes, including an analysis of the
following:
(A) The appropriateness of using C-5 aircraft and C-17
aircraft for intratheater missions, as well as the efficacy
of these aircraft to perform current and projected future
intratheater missions.
(B) The interplay of existing doctrinal intratheater
airlift aircraft (such as the C-130 aircraft and the future
Joint Cargo Aircraft (JCA)) with an increasing role for C-5
aircraft and C-17 aircraft in intratheater missions.
(C) The most appropriate and likely missions for C-5
aircraft and C-17 aircraft in intratheater operations and the
potential for increased requirements in these mission areas.
(D) Any intratheater mission sets best performed by
strategic airlift aircraft as opposed to traditional
intratheater airlift aircraft.
(E) Any requirements for increased production or longevity
of C-5 aircraft and C-17 aircraft, or for a new strategic
airlift aircraft, in light of the matters analyzed under this
paragraph.
(7) Taking into consideration all applicable factors,
whether or not the replacement of C-5 aircraft with C-17
aircraft on a one-for-one basis will result in the retention
of a comparable strategic airlift capability.
(c) Construction.--Nothing in this section shall be
construed to exclude from the study under subsection (a)
consideration of airlift assets other than the C-5 aircraft
or C-17 aircraft that do or may provide intratheater and
intertheater airlift, including the potential that such
current or future assets may reduce requirements for C-5
aircraft or C-17 aircraft.
(d) Collaboration With Transcom.--The federally funded
research and development center selected under subsection (a)
shall conduct the study required by that subsection and make
the report required by subsection (e) in concert with the
United States Transportation Command.
(e) Report by Ffrdc.--
(1) In general.--Not later than January 10, 2009, the
federally funded research and development center selected
under subsection (a) shall submit to the Secretary of
Defense, the congressional defense committees, and the
Comptroller General of the United States a report on the
study required by subsection (a).
(2) Review by gao.--Not later than 90 days after receipt of
the report under paragraph (1), the Comptroller General shall
submit to the congressional defense committee a report on the
study conducted under subsection (a) and the report under
paragraph (1). The report under this subsection shall include
an analysis of the study under subsection (a) and the report
under paragraph (1), including an assessment by the
Comptroller General of the strengths and weaknesses of the
study and report.
(f) Report by Secretary of Defense.--
(1) In general.--Not later than 90 days after receipt of
the report under paragraph (1), the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the study required by subsection
(a).
(2) Elements.--The report shall include a comprehensive
discussion of the findings of the study, including a
particular focus on the following:
(A) A description of lift requirements and operating
profiles for intertheater airlift aircraft required to meet
the National Military Strategy, including assumptions
regarding:
(i) Current and future military combat and support
missions.
(ii) The planned force structure growth of the Army and the
Marine Corps.
(iii) Potential changes in lift requirements, including the
deployment of the Future Combat Systems by the Army.
(iv) New capability in strategic airlift to be provided by
the KC(X) aircraft and the expected utilization of such
capability, including its use in intratheater lift.
(v) The utilization of the heavy lift aircraft in
intratheater combat missions.
(vi) The availability and application of Civil Reserve Air
Fleet assets in future military scenarios.
(vii) Air mobility requirements associated with the Global
Rebasing Initiative of the Department of Defense.
(viii) Air mobility requirements in support of peacekeeping
and humanitarian missions around the globe.
(ix) Potential changes in lift requirements based on
equipment procured for Iraq and Afghanistan.
(B) A description of the assumptions utilized in the study
regarding aircraft performances and loading factors.
(C) A comprehensive statement of the data and assumptions
utilized in making program life cycle cost estimates.
(D) A comparison of cost and risk associated with optimal
mix airlift fleet versus program of record airlift fleet.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
______

SA 3011. Mrs. McCASKILL submitted an amendment intended to be
proposed by her to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 673. INDEPENDENT STUDENT.

(a) Amendment.--Section 480(d)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1087vv(d)(3)) is amended by inserting
``or is a current active member of the National Guard or
Reserve forces of the United States who has completed initial
military training'' after ``purposes''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective July 1, 2008.
______

SA 3012. Mr. LAUTENBERG (for himself, Mr. Dodd, Mr. Coburn, Mr.
Hagel, and Mr. Feingold) submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title XV, add the following:

SEC. 1535. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN
RECONSTRUCTION.

(a) Findings.--Congress makes the following findings:
(1) A democratic, stable, and prosperous Afghanistan is
vital to the national security of the United States and to
combating international terrorism.
(2) Since the fall of the Taliban, the United States has
provided Afghanistan with over $20,000,000,000 in
reconstruction and security assistance. However, repeated and
documented incidents of waste, fraud, and abuse in the
utilization of these funds have undermined reconstruction
efforts.
(3) There is a stronger need for vigorous oversight of
spending by the United States on reconstruction programs and
projects in Afghanistan.

[[Page S11908]]

(4) The Government Accountability Office (GAO) and
departmental Inspectors General provide valuable information
on such activities.
(5) The congressional oversight process requires more
timely reporting of reconstruction activities in Afghanistan
that encompasses the efforts of the Department of State, the
Department of Defense, and the United States Agency for
International Development and highlights specific acts of
waste, fraud, and abuse.
(6) One example of such successful reporting is provided by
the Special Inspector General for Iraq Reconstruction
(SIGIR), which has met this objective in the case of Iraq.
(7) The establishment of a Special Inspector General for
Afghanistan Reconstruction (SIGAR) position using SIGIR as a
model will help achieve this objective in Afghanistan. This
position will help Congress and the American people to better
understand the challenges facing United States programs and
projects in that crucial country.
(8) It is a priority for Congress to establish a Special
Inspector General for Afghanistan position with similar
responsibilities and duties as the Special Inspector General
for Iraq Reconstruction. This new position will monitor
United States assistance to Afghanistan in the civilian and
security sectors, undertaking efforts similar to those of the
Special Inspector General for Iraq Reconstruction.
(b) Office of Inspector General.--There is hereby
established the Office of the Special Inspector General for
Afghanistan Reconstruction.
(c) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office of the Special
Inspector General for Afghanistan Reconstruction is the
Special Inspector General for Afghanistan Reconstruction (in
this section referred to as the ``Inspector General''), who
shall be appointed by the President.
(2) Qualifications.--The appointment of the Inspector
General shall be made solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.
(3) Deadline for appointment.--The nomination of an
individual as Inspector General shall be made not later than
30 days after the date of the enactment of this Act.
(4) Removal.--The Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of
the Inspector General Act of 1978 (5 U.S.C. App.).
(5) Prohibition on political activities.--For purposes of
section 7324 of title 5, United States Code, the Inspector
General shall not be considered an employee who determines
policies to be pursued by the United States in the nationwide
administration of Federal law.
(6) Compensation.--The annual rate of basic pay of the
Inspector General shall be the annual rate of basic pay
provided for positions at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(d) Supervision.--
(1) In general.--Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the
general supervision of, the Secretary of State and the
Secretary of Defense.
(2) Independence to conduct investigations and audits.--No
officer of the Department of Defense, the Department of
State, or the United States Agency for International
Development shall prevent or prohibit the Inspector General
from initiating, carrying out, or completing any audit or
investigation, or from issuing any subpoena during the course
of any audit or investigation.
(e) Duties.--
(1) Oversight of afghanistan reconstruction.--It shall be
the duty of the Inspector General to conduct, supervise, and
coordinate audits and investigations of the treatment,
handling, and expenditure of appropriated funds by the United
States Government, and of the programs, operations, and
contracts carried out utilizing such funds in Afghanistan in
order to prevent and detect waste, fraud, and abuse,
including--
(A) the oversight and accounting of the obligation and
expenditure of such funds;
(B) the monitoring and review of reconstruction activities
funded by such funds;
(C) the monitoring and review of contracts funded by such
funds;
(D) the monitoring and review of the transfer of such funds
and associated information between and among the departments,
agencies, and entities of the United States Government, and
private and nongovernmental entities;
(E) the maintenance of records on the use of such funds to
facilitate future audits and investigations of the use of
such funds;
(F) the monitoring and review of the effectiveness of
United States coordination with the Government of Afghanistan
and other donor countries in the implementation of the
Afghanistan Compact and the Afghanistan National Development
Strategy and the efficient utilization of funds for economic
reconstruction, social and political development, and
security assistance; and
(G) the investigation of overpayments such as duplicate
payments or duplicate billing and any potential unethical or
illegal actions of Federal employees, contractors, or
affiliated entities and the referral of such reports, as
necessary, to the Department of Justice to ensure further
investigations, prosecutions, recovery of further funds, or
other remedies.
(2) Other duties related to oversight.--The Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Inspector General considers
appropriate to discharge the duties under paragraph (1).
(3) Duties and responsibilities under inspector general act
of 1978.--In addition to the duties specified in paragraphs
(1) and (2), the Inspector General shall also have the duties
and responsibilities of inspectors general under the
Inspector General Act of 1978.
(4) Coordination of efforts.--In carrying out the duties,
and responsibilities, and authorities of the Inspector
General under this section, the Inspector General shall
coordinate with, and receive the cooperation of, each of the
following:
(A) The Inspector General of the Department of State.
(B) The Inspector General of the Department of Defense.
(C) The Inspector General of the United States Agency for
International Development.
(f) Powers and Authorities.--
(1) Authorities under inspector general act of 1978.--In
carrying out the duties specified in subsection (e), the
Inspector General shall have the authorities provided in
section 6 of the Inspector General Act of 1978.
(2) Audit standards.--The Inspector General shall carry out
the duties specified in subsection (e)(1) in accordance with
section 4(b)(1) of the Inspector General Act of 1978.
(g) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Inspector General may select, appoint,
and employ such officers and employees as may be necessary
for carrying out the duties of the Inspector General, subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
(2) Employment of experts and consultants.--The Inspector
General may obtain services as authorized by section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(3) Contracting authority.--To the extent and in such
amounts as may be provided in advance by appropriations Acts,
the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and
make such payments as may be necessary to carry out the
duties of the Inspector General.
(4) Resources.--The Secretary of State shall provide the
Inspector General with appropriate and adequate office space
at appropriate United States Government locations in
Afghanistan, together with such equipment, office supplies,
and communications facilities and services as may be
necessary for the operation of such offices, and shall
provide necessary maintenance services for such offices and
the equipment and facilities located therein. The Secretary
of State shall not charge the Inspector General or employees
of the Office of the Inspector General for Afghanistan
Reconstruction for International Cooperative Administrative
Support Services.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the Inspector General for
information or assistance from any department, agency, or
other entity of the Federal Government, the head of such
entity shall, insofar as is practicable and not in
contravention of any existing law, furnish such information
or assistance to the Inspector General, or an authorized
designee.
(B) Reporting of refused assistance.--Whenever information
or assistance requested by the Inspector General is, in the
judgment of the Inspector General, unreasonably refused or
not provided, the Inspector General shall report the
circumstances to the Secretary of Defense and the Secretary
of State and the appropriate committees of Congress without
delay.
(h) Reports.--
(1) Quarterly reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Inspector General shall
submit to the appropriate congressional committees a report
summarizing, for the period of that quarter and, to the
extent possible, the period from the end of such quarter to
the time of the submission of the report, the activities
during such period of the Inspector General, including a
summary of lessons learned, and summarizing the activities
under programs and operations funded with amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan. Each report shall include, for
the period covered by such report, a detailed statement of
all obligations, expenditures, and revenues of the United
States Government associated with reconstruction and
rehabilitation activities in Afghanistan, including the
following information:
(A) Obligations and expenditures of appropriated funds.
(B) A project-by-project and program-by-program accounting
of the costs incurred to date for the reconstruction of
Afghanistan, together with the estimate of the costs to
complete each project and each program.
(C) Revenues attributable to or consisting of funds
provided by foreign nations or international organizations to
programs and projects funded by the United States Government,
and any obligations or expenditures of such revenues.

[[Page S11909]]

(D) Revenues attributable to or consisting of foreign
assets seized or frozen that contribute to programs and
projects funded by the United States Government, and any
obligations or expenditures of such revenues.
(E) Operating expenses of agencies or entities receiving
amounts appropriated or otherwise made available for the
reconstruction of Afghanistan.
(F) In the case of any contract, grant, agreement, or other
funding mechanism described in paragraph (2)--
(i) the amount of the contract, grant, agreement, or other
funding mechanism;
(ii) a brief discussion of the scope of the contract,
grant, agreement, or other funding mechanism;
(iii) a discussion of how the United States Government
entity or entities involved in the contract or grant
identified, and solicited offers from, potential contractors
or grantees to perform the contract or grant, together with a
list of the potential contractors or grantees that were
issued solicitations for the offers;
(iv) the justification and approval documents on which was
based the determination to use procedures other than
procedures that provide for full and open competition; and
(v) a description of any previous instances of wasteful and
fraudulent activities in Afghanistan by current or potential
contractors, subcontactors, or grantees and whether and how
they were held accountable.
(G) A description of any potential unethical or illegal
actions taken by Federal employees, contractors, or
affiliated entities in the course of reconstruction efforts.
(2) Covered contracts, grants, agreements, and funding
mechanisms.--A contract, grant, agreement, or other funding
mechanism described in this paragraph is any major contract,
grant, agreement, or other funding mechanism that is entered
into by the United States Government with any public or
private sector entity for any of the following purposes:
(A) To build or rebuild physical infrastructure of
Afghanistan.
(B) To establish or reestablish a political or societal
institution of Afghanistan.
(C) To provide products or services to the people of
Afghanistan.
(3) Semiannual report.--Not later than December 31, 2007,
and semiannually thereafter, the Inspector General shall
submit to the appropriate congressional committees a report
meeting the requirements of section 5 of the Inspector
General Act of 1978.
(4) Public transparency.--The Inspector General shall post
each report required under this subsection on a public and
searchable website not later than 7 days after the Inspector
General submits the report to the appropriate congressional
committees.
(5) Languages.--The Inspector General shall publish on a
publicly available Internet website each report under this
subsection in English and other languages that the Inspector
General determines are widely used and understood in
Afghanistan.
(6) Form.--Each report submitted under this subsection
shall be submitted in unclassified form, but may include a
classified annex as the Inspector General determines
necessary.
(7) Limitation on public disclosure of certain
information.--Nothing in this subsection shall be construed
to authorize the public disclosure of information that is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(i) Waiver.--
(1) Authority.--The President may waive the requirement
under paragraph (1) or (3) of subsection (h) for the
inclusion in a report under such paragraph of any element
otherwise provided for under such paragraph if the President
determines that the waiver is justified for national security
reasons.
(2) Notice of waiver.--The President shall publish a notice
of each waiver made under this subsection in the Federal
Register not later than the date on which the report required
under paragraph (1) or (3) of subsection (h) is submitted to
the appropriate congressional committees. The report shall
specify whether waivers under this subsection were made and
with respect to which elements.
(j) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available for
the reconstruction of afghanistan.--The term ``amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan'' means--
(A) amounts appropriated or otherwise made available for
any fiscal year--
(i) to the Afghanistan Security Forces Fund;
(ii) to the program to assist the people of Afghanistan
established under section 1202(a)(2) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3455); and
(iii) to the Department of Defense for assistance for the
reconstruction of Afghanistan under any other provision of
law; and
(B) amounts appropriated or otherwise made available for
any fiscal year for Afghanistan reconstruction under the
following headings or for the following purposes:
(i) Operating Expenses of the United States Agency for
International Development.
(ii) Economic Support Fund.
(iii) International Narcotics Control and Law Enforcement.
(iv) International Affairs Technical Assistance.
(v) Peacekeeping Operations.
(vi) Diplomatic and Consular Programs.
(vii) Embassy Security, Construction, and Maintenance.
(viii) Child Survival and Health.
(ix) Development Assistance.
(x) International Military Education and Training.
(xi) Nonproliferation, Anti-terrorism, Demining and Related
Programs.
(xii) Public Law 480 Title II Grants.
(xiii) International Disaster and Famine Assistance.
(xiv) Migration and Refugee Assistance.
(xv) Operations of the Drug Enforcement Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Armed Services,
Foreign Relations, and Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committees on Appropriations, Armed Services,
Foreign Affairs, and Homeland Security of the House of
Representatives.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2008 to carry out this section.
(2) Offset.--The amount authorized to be appropriated by
section 1512 for the Afghanistan Security Forces Fund is
hereby reduced by $20,000,000.
(l) Termination.--
(1) In general.--The Office of the Special Inspector
General for Afghanistan Reconstruction shall terminate on
September 30, 2010, with transition operations authorized to
continue until December 31, 2010.
(2) Final accountability report.--The Inspector General
shall, prior to the termination of the Office of the Special
Inspector General for Afghanistan Reconstruction under
paragraph (1), prepare and submit to the appropriate
congressional committees a final accountability report on all
referrals for the investigation of any potential unethical or
illegal actions of Federal employees, contractors, or
affiliated entities made to the Department of Justice or any
other United States law enforcement entity to ensure further
investigations, prosecutions, or remedies.
______

SA 3013. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 1535. RESPONSIBLE REDUCTION OF UNITED STATES FORCES IN
IRAQ.

(a) Findings.--Congress makes the following findings:
(1) The precipitous withdrawal of United States forces from
Iraq would have dangerous consequences for the national
security of the United States and our allies, including the
potential for destabilization of the Middle East region, the
disintegration of United States relations with United States
allies in the region, the endangerment of vital energy
supplies in the region, and irreparable damage to the
credibility of the United States throughout the world.
(2) The United States must remain engaged in Iraq and the
Middle East region for the foreseeable future to protect our
national security interests.
(3) There are limits on the forces the United States has
available for deployment, and those limits necessitate a
reduction in United States forces in Iraq.
(4) General Petraeus has stated that a reduction in United
States forces in Iraq will be imminent as a result of
security gains in Iraq and the limits on United States forces
available for deployment.
(b) Responsible Reduction of United States Forces in
Iraq.--The President shall commence a responsible reduction
in the number of United States forces in Iraq commencing not
later than 120 days after the date of the enactment of this
Act.
(c) Implementation of Reduction as Part of Comprehensive
Strategy.--
(1) In general.--The reduction in United States forces
required by this section shall be implemented as part of a
comprehensive diplomatic, political, and economic strategy
that will include increased engagement with Iraq's neighbors
and the international community for the purpose of working
collectively to bring stability to Iraq.
(2) International mediation.--In carrying out the strategy
described in paragraph (1), the President shall instruct the
United States Permanent Representative to the United Nations
to use the voice, vote, and influence of the United States at
the United Nations to seek the appointment of a senior
representative of the Secretary General of

[[Page S11910]]

the United Nations to Iraq who has the authority of the
international community to engage political, religious,
ethnic, and tribal leaders in Iraq in an inclusive political
process.
(3) Sense of congress.--It is the sense of Congress that,
in carrying out the strategy described in paragraph (1), the
President should--
(A) work with the United Nations to continue the efforts
initiated at Sharm El Sheikh in April 2007 and implement
fully the terms of the International Compact with respect to
Iraq; and
(B) support the decision of the United Nations Security
Council on August 10, 2007, to strengthen the mandate of the
United Nations Assistance Mission in Iraq in areas such as
national reconciliation, regional dialogue, humanitarian
assistance, and human rights.
(d) Limited Presence of United States Forces After
Reduction.--The goal of the reduction of United States
required by this section shall be a limited presence for
United States forces in Iraq at the completion of the
reduction, with the missions of United States forces in Iraq
after the completion of the reduction limited to the
following:
(1) Protecting United States and coalition personnel and
infrastructure.
(2) Training, equipping, and providing logistic support to
the Iraqi Security Forces.
(3) Engaging in targeted counterterrorism operations
against al Qaeda, al Qaeda affiliated groups, and other
international terrorist organizations.
(4) Providing support for targeted operations by Iraqi
Security Forces against extremist militia groups, such as
Jaish al Mahdi, which conduct attacks against United States
forces and Iraqi Security Forces.
(5) Engaging in counterinsurgency operations which support
the counterterrorism mission described in paragraph (3).
(6) Providing personnel and support to Provisional
Reconstruction Teams until civilian personnel can be
recruited to fill positions in such teams.
(7) Sharing information and intelligence as necessary with
Iraqi Security Forces to achieve the missions described in
paragraphs (1) through (6).
(e) Report on Reduction.--Not later than 180 days after the
date of the enactment of this Joint Resolution, the Secretary
of Defense shall submit to Congress a report setting forth
the following:
(1) The scheduled date of the completion of the reduction
and transition of United States forces in Iraq to a limited
presence of carrying out the missions specified in subsection
(d).
(2) A comprehensive description of efforts to prepare for
the reduction and transition of United States forces in Iraq
in accordance with this Joint Resolution and to limit any
destabilizing consequences of such reduction and transition,
including a description of efforts to work with the United
Nations and allies in the region toward that objective.
______

SA 3014. Mr. SESSIONS (for himself, Mrs. Feinstein, and Mr. Specter)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

Strike section 824 and insert the following:

SEC. 824. COMPTROLLER GENERAL REPORT ON EMPLOYMENT
OPPORTUNITIES FOR FEDERAL PRISONERS.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall, in coordination with the Attorney
General, submit to Congress a report setting forth such
modifications to law or regulations as may be required to
provide sufficient employment opportunities for Federal
prisoners to reduce recidivism among, and to promote job
skills for, the growing population of Federal prisoners.
(b) Elements.--The report shall include an assessment of
the following:
(1) The effect of the current Federal Prison Industries
program on private industry.
(2) The impact of limitations on authorized purchasers of
Federal Prison Industries products, and proposed alternative
employment opportunities for Federal prisoners that may be
used to reduce any negative impact on the Federal Prison
Industries program of the modifications set forth in
subsection (a).
______

SA 3015. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 115. M4 CARBINE RIFLE.

(a) Findings.--Congress makes the following findings:
(1) The members of the Armed Forces are entitled to the
best individual combat weapons available in the world today.
(2) Full and open competition in procurement is required by
law, and is the most effective way of selecting the best
individual combat weapons for the Armed Forces at the best
price.
(3) The M4 carbine rifle is currently the individual weapon
of choice for the Army, and it is procured through a sole
source contract.
(4) The M4 carbine rifle has been proven in combat and
meets or exceeds the existing requirements for carbines.
(5) The Army Training and Doctrine Command is conducting a
full Capabilities Based Assessment (CBA) of the small arms of
the Army which will determine whether or not gaps exist in
the current capabilities of such small arms and inform
decisions as to whether or not a new individual weapon is
required to address such gaps.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should consider establishing a new
program of record for the Joint Enhanced Carbine not later
than October 1, 2008.
(c) Report on Capabilities Based Assessment.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of the Army shall submit to the congressional
defense committees a report on the Capabilities Based
Assessment of the small arms of the Army referred to in
subsection (a)(5).
(d) Competition for New Individual Weapon.--
(1) Competition required.--In the event the Capabilities
Based Assessment identifies gaps in the current capabilities
of the small arms of the Army and the Secretary of the Army
determines that a new individual weapon is required to
address such gaps, the Secretary shall procure the new
individual weapon through one or more contracts entered into
after full and open competition described in paragraph (2).
(2) Full and open competition.--The full and open
competition described in this paragraph is full and open
competition among all responsible manufacturers that--
(A) is open to all developmental item solutions and
nondevelopmental item (NDI) solutions; and
(B) provides for the award of the contract or contracts
concerned based on selection criteria that reflect the key
performance parameters and attributes identified in an Army-
approved service requirements document.
(e) Report on Joint Enhanced Carbine.--Not later than 120
days after the date of the enactment of this Act, Secretary
of Defense shall submit to the congressional defense
committees a report on the feasibility and advisability of
each of the following:
(1) The certification of a Joint Enhanced Carbine
requirement that does not require commonality with existing
technical data.
(2) The award of contracts for all available
nondevelopmental carbines in lieu of a developmental program
intended to meet the proposed Joint Enhanced Carbine
requirement.
(3) The reprogramming of funds for the procurement of small
arms from the procurement of M4 Carbines to the procurement
of Joint Enhanced Carbines authorized only as the result of
competition.
(4) The use of rapid equipping authority to procure weapons
under $2,000 per unit that meet service-approved
requirements, which weapons may be nondevelopmental items
selected through full and open competition.
______

SA 3016. Mr. HATCH (for himself and Mr. Bennett) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title X, add the following:

SEC. 1070. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.

(a) Report.--Not later than 190 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
status, capability, viability, and capacity of the solid
rocket motor industrial base in the United States.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ability to maintain the Minuteman
III intercontinental ballistic missile through its planned
operational life.
(2) An assessment of the ability to maintain the Trident II
D-5 submarine launched ballistic missile through its planned
operational life.
(3) An assessment of the ability to maintain all other
space launch, missile defense, and other vehicles with solid
rocket motors, through their planned operational lifetimes.
(4) An assessment of the ability to support any future
requirements for vehicles with solid rocket motors to support
space launch, missile defense, or any range of ballistic
missiles determined to be necessary to meet defense needs or
other requirements of the United States Government.
(5) An assessment of the required materials, the supplier
base, the production facilities, and the production workforce
needed to

[[Page S11911]]

ensure that current and future requirements could be met.
(6) An assessment of the adequacy of the current and
anticipated programs to support an industrial base that would
be needed to support the range of future requirements.
(c) Comptroller General Review.--Not later than 60 days
after submittal under subsection (a) of the report required
by that subsection, the Comptroller General of the United
States shall submit to the congressional defense committees a
report setting forth the Comptroller General's assessment of
the matters contained in the report under subsection (a),
including an assessment of the consistency of the budget of
the President for fiscal year 2009, as submitted to Congress
pursuant to section 1105 of title 31, United States Code,
with the matters contained in the report under subsection
(a).
______

SA 3017. Mr. KYL (for himself, Mr. Lieberman, and Mr. Coleman)
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 C of title XV, add the following:

SEC. 1535. SENSE OF SENATE ON IRAN.

(a) Findings.--The Senate makes the following findings:
(1) General David Petraeus, commander of the Multi-National
Force Iraq, stated in testimony before a joint session of the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives on September 10,
2007, that ``[i]t is increasingly apparent to both coalition
and Iraqi leaders that Iran, through the use of the Iranian
Republican Guard Corps Qods Force, seeks to turn the Shi'a
militia extremists into a Hezbollah-like force to serve its
interests and fight a proxy war against the Iraqi state and
coalition forces in Iraq''.
(2) Ambassador Ryan Crocker, United States Ambassador to
Iraq, stated in testimony before a joint session of the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives on September 10,
2007, that ``Iran plays a harmful role in Iraq. While
claiming to support Iraq in its transition, Iran has actively
undermined it by providing lethal capabilities to the enemies
of the Iraqi state''.
(3) The most recent National Intelligence Estimate on Iraq,
published in August 2007, states that ``Iran has been
intensifying aspects of its lethal support for select groups
of Iraqi Shia militants, particularly the JAM [Jaysh al-
Mahdi], since at least the beginning of 2006. Explosively
formed penetrator (EFP) attacks have risen dramatically''.
(4) The Report of the Independent Commission on the
Security Forces of Iraq, released on September 6, 2007,
states that ``[t]he Commission concludes that the evidence of
Iran's increasing activism in the southeastern part of the
country, including Basra and Diyala provinces, is compelling.
. . . It is an accepted fact that most of the sophisticated
weapons being used to `defeat' our armor protection comes
across the border from Iran with relative impunity''.
(5) General (Ret.) James Jones, chairman of the Independent
Commission on the Security Forces of Iraq, stated in
testimony before the Committee on Armed Services of the
Senate on September 6, 2007, that ``[w]e judge that the
goings-on across the Iranian border in particular are of
extreme severity and have the potential of at least delaying
our efforts inside the country. Many of the arms and weapons
that kill and maim our soldiers are coming from across the
Iranian border''.
(6) General Petraeus said of Iranian support for extremist
activity in Iraq on April 26, 2007, that ``[w]e know that it
goes as high as [Brig. Gen. Qassem] Suleimani, who is the
head of the Qods Force. . . . We believe that he works
directly for the supreme leader of the country''.
(7) Mahmoud Ahmedinejad, the president of Iran, stated on
August 28, 2007, with respect to the United States presence
in Iraq, that ``[t]he political power of the occupiers is
collapsing rapidly. Soon we will see a huge power vacuum in
the region. Of course we are prepared to fill the gap''.
(8) Ambassador Crocker testified to Congress, with respect
to President Ahmedinejad's statement, on September 11, 2007,
that ``[t]he Iranian involvement in Iraq--its support for
extremist militias, training, connections to Lebanese
Hezbollah, provision of munitions that are used against our
force as well as the Iraqis--are all, in my view, a pretty
clear demonstration that Ahmedinejad means what he says, and
is already trying to implement it to the best of his
ability''.
(9) General Petraeus stated on September 12, 2007, with
respect to evidence of the complicity of Iran in the murder
of members of the Armed Forces of the United States in Iraq,
that ``[t]e evidence is very, very clear. We captured it when
we captured Qais Khazali, the Lebanese Hezbollah deputy
commander, and others, and it's in black and white. . . . We
interrogated these individuals. We have on tape. . . . Qais
Khazali himself. When asked, could you have done what you
have done without Iranian support, he literally throws up his
hands and laughs and says, of course not. . . . So they told
us about the amounts of money that they have received. They
told us about the training that they received. They told us
about the ammunition and sophisticated weaponry and all of
that that they received''.
(10) General Petraeus further stated on September 14, 2007,
that ``[w]hat we have got is evidence. This is not
intelligence. This is evidence, off computers that we
captured, documents and so forth. . . . In one case, a 22-
page document that lays out the planning, reconnaissance,
rehearsal, conduct, and aftermath of the operation conducted
that resulted in the death of five of our soldiers in Karbala
back in January''.
(11) The Department of Defense report to Congress entitled
``Measuring Stability and Security in Iraq'' and released on
September 18, 2007, consistent with section 9010 of Public
Law 109-289, states that ``[t]here has been no decrease in
Iranian training and funding of illegal Shi'a militias in
Iraq that attack Iraqi and Coalition forces and civilians. .
. Tehran's support for these groups is one of the greatest
impediments to progress on reconciliation''.
(12) The Department of Defense report further states, with
respect to Iranian support for Shi'a extremist groups in
Iraq, that ``[m]ost of the explosives and ammunition used by
these groups are provided by the Iranian Islamic
Revolutionary Guard Corps-Qods Force. . . For the period of
June through the end of August, [explosively formed
penetrator] events are projected to rise by 39 percent over
the period of March through May''.
(13) Since May 2007, Ambassador Crocker has held three
rounds of talks in Baghdad on Iraq security with
representatives of the Government of the Islamic Republic of
Iran.
(14) Ambassador Crocker testified before Congress on
September 10, 2007, with respect to these talks, stating that
``I laid out the concerns we had over Iranian activity that
was damaging to Iraq's security, but found no readiness on
Iranians' side at all to engage seriously on these issues.
The impression I came with after a couple rounds is that the
Iranians were interested simply in the appearance of
discussions, of being seen to be at the table with the U.S.
as an arbiter of Iraq's present and future, rather than
actually doing serious business . . . Right now, I haven't
seen any sign of earnest or seriousness on the Iranian
side''.
(15) Ambassador Crocker testified before Congress on
September 11, 2007, stating that ``[w]e have seen nothing on
the ground that would suggest that the Iranians are altering
what they're doing in support of extremist elements that are
going after our forces as well as the Iraqis''.
(b) Sense of Senate.--It is the sense of the Senate--
(1) that the manner in which the United States transitions
and structures its military presence in Iraq will have
critical long-term consequences for the future of the Persian
Gulf and the Middle East, in particular with regard to the
capability of the Government of the Islamic Republic of Iran
to pose a threat to the security of the region, the prospects
for democracy for the people of the region, and the health of
the global economy;
(2) that it is a vital national interest of the United
States to prevent the Government of the Islamic Republic of
Iran from turning Shi'a militia extremists in Iraq into a
Hezbollah-like force that could serve its interests inside
Iraq, including by overwhelming, subverting, or co-opting
institutions of the legitimate Government of Iraq;
(3) that it should be the policy of the United States to
combat, contain, and roll back the violent activities and
destabilizing influence inside Iraq of the Government of the
Islamic Republic of Iran, its foreign facilitators such as
Lebanese Hezbollah, and its indigenous Iraqi proxies;
(4) to support the prudent and calibrated use of all
instruments of United States national power in Iraq,
including diplomatic, economic, intelligence, and military
instruments, in support of the policy described in paragraph
(3) with respect to the Government of the Islamic Republic of
Iran and its proxies;
(5) that the United States should designate the Islamic
Revolutionary Guards Corps as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act and place the Islamic Revolutionary Guards
Corps on the list of Specially Designated Global Terrorists,
as established under the International Emergency Economic
Powers Act and initiated under Executive Order 13224; and
(6) that the Department of the Treasury should act with all
possible expediency to complete the listing of those entities
targeted under United Nations Security Council Resolutions
1737 and 1747 adopted unanimously on December 23, 2006 and
March 24, 2007, respectively.
______

SA 3018. Mr. SANDERS 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

[[Page S11912]]

for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

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

SEC. 214. GULF WAR ILLNESSES RESEARCH.

(a) Funding.--Of the amount authorized to be appropriated
by section 201(1) for research, development, test, and
evaluation for Army and available for Medical Advanced
Technology, $15,000,000 shall be available for the Army
Medical Research and Materiel Command to carry out, as part
of its Medical Research Program required by Congress, a
program for Gulf War Illnesses Research.
(b) Purpose.--The purpose of the program shall be to
develop diagnostic markers and treatments for the complex of
symptoms commonly known as ``Gulf War Illnesses (GWI)'',
including widespread pain, cognitive impairment, and
persistent fatigue in conjunction with diverse other symptoms
and abnormalities, that are associated with service in the
Southwest Asia theater of operations in the early 1990s
during the Persian Gulf War.
(c) Program Activities.--
(1) Highest priority under the program shall be afforded to
pilot and observational studies of treatments for the complex
of symptoms described in subsection (b) and comprehensive
clinical trials of such treatments that have demonstrated
effectiveness in previous past pilot and observational
studies.
(2) Secondary priority under the program shall be afforded
to studies that identify objective markers for such complex
of symptoms and biological mechanisms underlying such complex
of symptoms that can lead to the identification and
development of such markers and treatments.
(3) No study shall be funded under the program that is
based on psychiatric illness and psychological stress as the
central cause of such complex of symptoms (as is consistent
with current research findings).
(d) Competitive Selection and Peer Review.--The program
shall be conducted using competitive selection and peer
review for the identification of activities having the most
substantial scientific merit, utilizing individuals with
recognized expertise in Gulf War illnesses in the design of
the solicitation and in the scientific and programmatic
review processes.
______

SA 3019. Mr. SANDERS 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 V, add the following:

SEC. 536. ENHANCEMENT OF REVERSE SOLDIER READINESS PROCESSING
DEMOBILIZATION PROCEDURE FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE.

The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly modify the demobilization procedure for
members of the Armed Forces known as Reverse Soldier
Readiness Processing by providing for the presence of
appropriate Department of Veterans Affairs personnel during
such demobilization procedure in order to achieve the
following:
(1) The voluntary registration of members of the National
Guard and Reserve for health care provided by the Department
of Veterans Affairs.
(2) The provision of assistance to members of the National
Guard and Reserve in applying for benefits and services from
the Department of Veterans Affairs.
(3) The provision of information to members of the National
Guard and Reserve on the benefits and services available
through the Department of Veterans Affairs.
______

SA 3020. 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 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 V, add the following:

SEC. 574. INNOCENT CHILD PROTECTION IN EXECUTION OF SENTENCES
OF DEATH.

Section 857 of title 10, United States Code (article 57 of
the Uniform Code of Military Justice), is amended--
(1) in subsection (c), by adding at the end the following
new sentence: ``However, in the case of a sentence of death,
the convening authority shall delay execution of sentence to
the extent necessary to prevent the death of an innocent
child in utero.''; and
(2) by adding at the end the following new subsections:
``(d) Protection of Innocent Child in Utero in Execution of
Sentence of Death.--It shall be unlawful for any authority,
military or civil, of the United States, a State, or any
district, possession, commonwealth or other territory under
the authority of the United States to carry out a sentence of
death on a woman while she carries an innocent child in
utero.
``(e) Innocent Child in Utero Defined.--In this section,
the term `innocent child in utero' means a member of the
species homo sapiens, at any stage of development, who is
carried in the womb.''.
______

SA 3021. Mr. THUNE 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. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND
ACCOUNTING SERVICE RESPONSE TO BUTTERBAUGH V.
DEPARTMENT OF JUSTICE.

(a) In General.--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 congressional defense
committees a report setting forth an assessment by the
Comptroller General of the response of the Defense Finance
and Accounting Service to the decision in Butterbaugh v.
Department of Justice (336 F.3d 1332 (2003)).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of members of the reserve
components of the Armed Forces, both past and present, who
are entitled to compensation under the decision in
Butterbaugh v. Department of Justice.
(2) An assessment of the current policies, procedures, and
timeliness of the Defense Finance and Accounting Service in
implementing and resolving claims under the decision in
Butterbaugh v. Department of Justice.
(3) An assessment of whether or not the decisions made by
the Defense Finance and Accounting Service in implementing
the decision in Butterbaugh v. Department of Justice follow a
consistent pattern of resolution.
(4) An assessment of whether or not the decisions made by
the Defense Finance and Accounting Service in implementing
the decision in Butterbaugh v. Department of Justice are
resolving claims by providing more compensation than an
individual has been able to prove, under the rule of
construction that laws providing benefits to veterans are
liberally construed in favor of the veteran.
(5) An estimate of the total amount of compensation payable
to members of the reserve components of the Armed Forces,
both past and present, as a result of the recent decision in
Hernandez v. Department of the Air Force (No. 2006-3375, slip
op.) that leave can be reimbursed for Reserve service before
1994, when Congress enacted chapter 43 of title 38, United
States Code (commonly referred to as the ``Uniformed Services
Employment and Reemployment Rights Act'').
(6) A comparative assessment of the handling of claims by
the Defense Finance and Accounting Service under the decision
in Butterbaugh v. Department of Justice with the handling of
claims by other Federal agencies (selected by the Comptroller
General for purposes of the comparative assessment) under
that decision.
(7) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been
adjudicated by the Defense Finance and Accounting Service.
(8) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been denied by
the Defense Finance and Accounting Service.
(9) A comparative assessment of the average amount of time
required for the Defense Finance and Accounting Service to
resolve a claim under the decision in Butterbaugh v.
Department of Justice with the average amount of time
required by other Federal agencies (as so selected) to
resolve a claim under that decision.
(10) A comparative statement of the backlog of claims with
the Defense Finance and Accounting Service under the decision
in Butterbaugh v. Department of Justice with the backlog of
claims of other Federal agencies (as so selected) under that
decision.
(11) An estimate of the amount of time required for the
Defense Finance and Accounting Service to resolve all
outstanding claims under the decision in Butterbaugh v.
Department of Justice.
(12) An assessment of the reasonableness of the requirement
of the Defense Finance and Accounting Service for the
submittal by members of the reserve components of the Armed
Forces of supporting documentation

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for claims under the decision in Butterbaugh v. Department of
Justice.
(13) A comparative assessment of the requirement of the
Defense Finance and Accounting Service for the submittal by
members of the reserve components of the Armed Forces of
supporting documentation for claims under the decision in
Butterbaugh v. Department of Justice with the requirement of
other Federal agencies (as so selected) for the submittal by
such members of supporting documentation for such claims.
(14) Such recommendations for legislative action as the
Comptroller General considers appropriate in light of the
decision in Butterbaugh v. Department of Justice and the
decision in Hernandez v. Department of the Air Force.

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