S.Amdt. 3093

TEXT OF AMENDMENTS

SA 3076. 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; as follows:

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

SEC. 1234. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES
CITIZENS AND THEIR RELATIVES IN NORTH KOREA.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on family reunions between United States
citizens and their relatives in the Democratic People's
Republic of Korea.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An estimate of the current number of United States
citizens with relatives in North Korea, and an estimate of
the current number of such United States citizens who are
more than 70 years of age.
(2) An estimate of the number of United States citizens who
have traveled to North Korea for family reunions.
(3) An estimate of the amounts of money and aid that went
from the Korean-American community to North Korea in 2007.
(4) A summary of any allegations of fraud by third-party
brokers in arranging family reunions between United States
citizens and their relatives in North Korea.
(5) A description of the efforts, if any, of the President
to facilitate reunions between the United States citizens and
their relatives in North Korea, including the following:
(A) Negotiating with the Democratic People's Republic of
Korea to permit family reunions between United States
citizens and their relatives in North Korea.
(B) Planning, in the event of a normalization of relations
between the United States and the Democratic People's
Republic of Korea, to dedicate personnel and resources at the
United States embassy in Pyongyang, Democratic People's
Republic of Korea, to facilitate reunions between United
States citizens and their relatives in North Korea.
(C) Informing Korean-American families of fraudulent
practices by certain third-party brokers who arrange reunions
between United States citizens and their relatives in North
Korea, and seeking an end to such practices.
(D) Developing standards for safe and transparent family
reunions overseas involving United States citizens and their
relatives in North Korea.
(6) What additional efforts in the areas described in
paragraph (5), if any, the President would consider desirable
and feasible.
______

SA 3077. Mr. KENNEDY (for himself and Mr. McCain) submitted an
amendment intended to be proposed to amendment SA 2011 proposed by Mr.
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

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

SEC. 132. LITTORAL COMBAT SHIP (LCS) PROGRAM.

(a) Findings.--Congress makes the following findings:
(1) The plan of the Chief of Naval Operations to
recapitalize the United States Navy to at least 313 battle
force ships is essential for meeting the long-term
requirements of the National Military Strategy.
(2) Fiscal challenges to the plan to build a 313-ship fleet
require that the Navy exercise discipline in determining
warfighter requirements and responsibility in estimating,
budgeting, and controlling costs.
(3) The 55-ship Littoral Combat Ship (LCS) program is
central to the shipbuilding plan of the Navy. The inability
of the Navy to control requirements and costs on the two lead
ships of the Littoral Combat Ship program raises serious
concerns regarding the capacity of the Navy to affordably
build a 313-ship fleet.
(4) According to information provided to Congress by the
Navy, the cost growth in the Littoral Combat Ship program was
attributable to several factors, most notably that--
(A) the strategy adopted for the Littoral Combat Ship
program, a so-called ``concurrent design-build'' strategy,
was a high-risk strategy that did not account for that risk
in the cost and schedule for the lead ships in the program;
(B) inadequate emphasis was placed on ``bid realism'' in
the evaluation of contract proposals under the program;
(C) late incorporation of Naval Vessel Rules into the
program caused significant design delays and cost growth;
(D) the Earned Value Management System of the contractor
under the program did not adequately measure shipyard
performance, and the Navy program organizations did not
independently assess cost performance;
(E) the Littoral Combat Ship program organization was
understaffed and lacking in the experience and qualifications
required for a major defense acquisition program;
(F) the Littoral Combat Ship program organization was aware
of the increasing costs of the Littoral Combat Ship program,
but did not communicate those cost increases directly to the
Assistant Secretary of the Navy in a time manner; and
(G) the relationship between the Naval Sea Systems Command
and the program executive offices for the program was
dysfunctional.
(b) Requirement.--In order to halt further cost growth in
the Littoral Combat Ship program, costs and government
liability under future contracts under the Littoral Combat
Ship program shall be limited as follows:

[[Page S12296]]

(1) Limitation of costs.--The total amount obligated or
expended for the procurement costs of the fifth and sixth
vessels in the Littoral Combat Ship (LCS) class of vessels
shall not exceed $460,000,000 per vessel.
(2) Procurement costs.--For purposes of paragraph (1),
procurement costs shall include all costs for plans, basic
construction, change orders, electronics, ordnance,
contractor support, and other costs associated with
completion of production drawings, ship construction, test,
and delivery, including work performed post-delivery that is
required to meet original contract requirements.
(3) Contract type.--The Navy shall employ a fixed-price
type contract for construction of the fifth and following
ships of the Littoral Combat Ship class of vessels.
(4) Limitation of government liability.--The Navy shall not
enter into a contract, or modify a contract, for construction
of the fifth or sixth vessel of the Littoral Combat Ship
class of vessels if the limitation of the Government's cost
liability, when added to the sum of other budgeted
procurement costs, would exceed $460,000,000 per vessel.
(5) Adjustment of limitation amount.--The Secretary of the
Navy may adjust the amount set forth in paragraphs (1) and
(4) for either vessel referred to in such paragraph by the
following:
(A) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2007.
(B) The amounts of outfitting costs and costs required to
complete post-delivery test and trials.
(c) Repeal of Superseded Authority.--Section 124 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3157) is repealed.
______

SA 3078. Mr. OBAMA (for himself, Mr. Bond, Mrs. Boxer, Mr. Lieberman,
Mrs. McCaskill, and 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 H of title V, add the following:

SEC. 594. ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED
FORCES FOR PERSONALITY DISORDER.

(a) Clinical Review of Administrative Separations Based on
Personality Disorder.--
(1) Review of separations of certain members.--Not later
than 30 days after the date of the enactment of this Act, and
continuing until the Secretary of Defense submits to Congress
the report required by subsection (b), a covered member of
the Armed Forces may not, except as provided in paragraph
(2), be administratively separated from the Armed Forces on
the basis of a personality disorder.
(2) Clinical review of proposed separations based on
personality disorder.--
(A) In general.--A covered member of the Armed Forces may
be administratively separated from the Armed Forces on the
basis of a personality disorder under this paragraph if a
clinical review of the case is conducted by a senior officer
in the office of the Surgeon General of the Armed Force
concerned who is a credentialed mental health provider and
who is fully qualified to review cases involving maladaptive
behavior (personality disorder), diagnosis and treatment of
post-traumatic stress disorder, or other mental health
conditions.
(B) Purposes of review.--The purposes of the review with
respect to a member under subparagraph (A) are as follows:
(i) To determine whether the diagnosis of personality order
in the member is correct and fully documented.
(ii) To determine whether evidence of other mental health
conditions (including depression, post-traumatic stress
disorder, substance abuse, or traumatic brain injury)
resulting from service in a combat zone may exist in the
member which indicate that the separation of the member from
the Armed Forces on the basis of a personality disorder is
inappropriate pending diagnosis and treatment, and, if so,
whether initiation of medical board procedures for the member
is warranted.
(b) Secretary of Defense Report on Administrative
Separations Based on Personality Disorder.--
(1) Report required.--Not later than April 1, 2008, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on all cases of administrative separation from the
Armed Forces of covered members of the Armed Forces on the
basis of a personality disorder.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A statement of the total number of cases, by Armed
Force, in which covered members of the Armed Forces have been
separated from the Armed Forces on the basis of a personality
disorder, and an identification of the various forms of
personality order forming the basis for such separations.
(B) A statement of the total number of cases, by Armed
Force, in which covered members of the Armed Forces who have
served in Iraq and Afghanistan since October 2001 have been
separated from the Armed Forces on the basis of a personality
disorder, and the identification of the various forms of
personality disorder forming the basis for such separations.
(C) A summary of the policies, by Armed Forces, controlling
administrative separations of members of the Armed Forces
based on personality disorder, and an evaluation of the
adequacy of such policies for ensuring that covered members
of the Armed Forces who may be eligible for disability
evaluation due to mental health conditions are not separated
from the Armed Forces prematurely or unjustly on the basis of
a personality order.
(D) A discussion of measures being implemented to ensure
that members of the Armed Forces who should be evaluated for
disability separation or retirement due to mental health
conditions are not prematurely or unjustly processed for
separation from the Armed Forces on the basis of a
personality disorder, and recommendations regarding how
members of the Armed Forces who may have been so separated
from the Armed Forces should be provided with expedited
review by the applicable board for the correction of military
records.
(c) Comptroller General Report on Policies on
Administrative Separation Based on Personality Disorder.--
(1) Report required.--Not later than June 1, 2008, the
Comptroller General shall submit to Congress a report on the
policies and procedures of the Department of Defense and of
the military departments relating to the separation of
members of the Armed Forces based on a personality disorder.
(2) Elements.--The report required by paragraph (1) shall--
(A) include an audit of a sampling of cases to determine
the validity and clinical efficacy of the policies and
procedures referred to in paragraph (1) and the extent, if
any, of the divergence between the terms of such policies and
procedures and the implementation of such policies and
procedures; and
(B) include a determination by the Comptroller General of
whether, and to what extent, the policies and procedures
referred to in paragraph (1)--
(i) deviate from standard clinical diagnostic practices and
current clinical standards; and
(ii) provide adequate safeguards aimed at ensuring that
members of the Armed Forces who suffer from mental health
conditions (including depression, post-traumatic stress
disorder, or traumatic brain injury) resulting from service
in a combat zone are not prematurely or unjustly separated
from the Armed Forces on the basis of a personality disorder.
(d) Covered Member of the Armed Forces Defined.--In this
section, the term ``covered member of the Armed
Forces''includes the following:
(1) Any member of a regular component of the Armed Forces
of the Armed Forces who has served in Iraq or Afghanistan
since October 2001.
(2) Any member of the Selected Reserve of the Ready Reserve
of the Armed Forces who served on active duty in Iraq or
Afghanistan since October 2001.
______

SA 3079. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin)
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1070. ASSESSMENT OF TERMINATION OF RICHARD M. BARLOW
FROM DEPARTMENT OF DEFENSE EMPLOYMENT.

(a) Assessment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
appoint an independent expert with appropriate clearances not
currently affiliated with the Department of Defense to assess
whether Richard Barlow was wrongfully terminated for his
actions while employed by the Department of Defense.
(b) Review of Materials.--The independent expert is deemed
to have a need to know of all materials, classified and
unclassified, necessary to make an informed judgment of
Richard Barlow's termination. The Secretary of Defense shall
supply materials requested by the independent expert on an
expedited basis.
(c) Recommendations.--
(1) In general.--Not later than one year after appointment
of the independent expert, the independent expert shall
submit to the Secretary of Defense a report on the assessment
conducted under subsection (a).
(2) Content.--The report submitted under paragraph (1)
shall include--
(A) a recommendation as to whether Richard Barlow was
wrongfully terminated; and

[[Page S12297]]

(B) if the recommendation is that Richard Barlow was
wrongfully terminated, a recommendation as to the amount of
compensation he is entitled to for such wrongful termination.
(3) Form.--The report submitted under subsection (a) shall
be submitted in classified and unclassified forms.
(d) Authorization.--The Secretary of Defense is authorized
to pay out of available funds such amount as is recommended
by the independent expert in (c)(2)(B).
(e) No Inference of Liability.--Nothing in this section
shall be construed as an inference of liability on the part
of the United States.
(f) No Agents and Attorneys Fees.--None of the payment
authorized by this section may be paid to or received by any
agent or attorney for any services rendered in connection
with obtaining such payment. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be
subject to a fine in the amount provided in title 18, United
States Code.
(g) Non-Taxability of Payment.--The payment authorized by
this section is in partial reimbursement for losses incurred
by Richard Barlow as a result of the personnel actions taken
by the Department of Defense and is not subject to Federal,
State, or local income taxes.
______

SA 3080. 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, Mrs. Clinton,
Mr. Durbin, Mr. Lautenberg, Mr. Reed, Mr. Rockefeller, Mr. Salazar, and
Mr. Hagel) submitted an amendment intended to be proposed to amendment
SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill
H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of 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.
(D) Vacancy.--In the event of a vacancy in the Commission,
the individual appointed to fill the membership shall be of
the same political party as the individual vacating the
membership.
(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;
(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; and
(vi) the extent of the misuse of force and violations of
the laws of war or Federal law by contractors.
(4) Reports.--
(A) Interim report.--On January 15, 2009, 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 (provided that the quorum for a hearing
shall be three members of the Commission); and
(ii) provide for 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) Inability to obtain documents or testimony.--In the
event the Commission is unable to obtain testimony or
documents needed to conduct its work, the Commission shall

[[Page S12298]]

notify the committees of Congress of jurisdiction and
appropriate investigative authorities.
(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, and the Inspector General of the
United States Agency for International Development, 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 3081. Mr. LAUTENBERG (for himself, Mr. Dodd, Mr. Coburn, Mr.
Hagel, Mr. Feingold, Mr. Webb, and Mrs. McCaskill) submitted an
amendment intended to be proposed to amendment SA 2011 proposed by Mr.
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; 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.
(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. The President may
appoint the Special Inspector General for Iraq Reconstruction
to serve as the Special Inspector General for Afghanistan
Reconstruction, in which case the Special Inspector General
for Iraq Reconstruction shall have all of the duties,
responsibilities, and authorities set forth under this
section with respect to such

[[Page S12299]]

appointed position for the purpose of carrying out this
section.
(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.
(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

[[Page S12300]]

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 3082. Mr. SANDERS (for himself, Mr. Byrd, Mr. Bond, Mr. Feingold,
Mr. Webb, and Mr. Burr) 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 II, add the following:

SEC. 214. GULF WAR ILLNESSES RESEARCH.

(a) Funding.--
(1) Additional amount.--The amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation, Army is hereby increased by
$15,000,000, with the amount of the increase to be allocated
to Medical Advanced Technology (PE #0603002A) for the Army to
carry out, as part of its Congressionally Directed Medical
Research Programs, a program for Gulf War Illnesses Research.
(2) Offset.--The amount authorized to be appropriated by
section 101(2) for missile procurement for the Army is hereby
decreased by $15,000,000, with the amount of the decrease to
be allocated to amounts available for Patriot System Summary
(Line 2) for Patriot PAC-3 missiles.
(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 3083. Mr. BAYH (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, insert the following:

SEC. 1031. DEADLINE FOR ELECTRONIC ABSENTEE VOTING
GUIDELINES.

Not later than 180 days after the date of the enactment of
this Act, the Election Assistance Commission shall--
(1) establish electronic absentee voting guidelines in
connection with the electronic voting demonstration project
under section 1604 of the National Defense Authorization Act
for Fiscal Year 2002 (42 U.S.C. 1973ff); and
(2) certify to the Secretary of Defense that the Commission
will assist in carrying out such demonstration project.
______

SA 3084. Mr. BAYH submitted an amendment intended to be proposed to

[[Page S12301]]

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, insert the following:

SEC. 1031. MODIFICATIONS TO ELECTRONIC VOTING DEMONSTRATION
PROJECT.

(a) Limitation on Authority to Delay Implementation.--The
first sentence of section 1604(a)(2) of the National Defense
Authorization Act for Fiscal Year 2002 (42 U.S.C. 1973ff
note) is amended by inserting ``, but in no case later than
the regularly scheduled general election for Federal office
in November 2008'' before the period at the end.
(b) Inclusion of Overseas Voters.--Section 1604 of such Act
is amended--
(1) in subsections (a)(1) and (c), by inserting ``and
overseas voters'' after ``absent uniformed services voters''
each place it appears; and
(2) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Overseas voter.--The term `overseas voter' has the
meaning given such term in section 107(5) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
6(5)).''.
(c) Demonstration Project to Cover Federal, State, and
Local Elections.--Section 1604(b) of such Act is amended by
adding at the end the following new sentence: ``Such
agreements shall provide that absent uniformed service voters
and overseas voters may, in addition to casting ballots in
elections for Federal office, also cast ballots in elections
for State and local office through an electronic voting
system which is chosen by the State and which meets the
requirements of subsection (c) and the electronic absentee
voting guidelines established by the Election Commission
Assistance.''.
(d) Software Requirements.--Section 1604 of such Act, as
amended by subsection (b), is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Software Requirements.--Software used in the
demonstration project under subsection (a)(1) shall--
``(1) utilize open-source code;
``(2) permit the voter to verify the votes selected by the
voter before the ballot is cast and counted;
``(3) provide the voter an opportunity to change the ballot
before the ballot is cast and counted; and
``(4) produce a record with an audit capacity.''.
(e) Reporting Deadline.--Subsection (d) of section 1604 of
such Act, as redesignated by subsection (d), is amended by
striking ``Not later than June 1 of the year following the
year in which the demonstration project is conducted'' and
inserting ``Not later than 120 days after the election for
which the demonstration project is conducted''.
(f) Report to Election Assistance Commission.--Section 1604
of such Act, as amended by subsection (d), is amended by
redesignating subsection (e) as subsection (f) and by
inserting after subsection (d) the following new subsection:
``(e) Report to Election Assistance Commission.--If the
demonstration project under subsection (a)(1) is carried out
before the Election Assistance Commission has established the
electronic voting absentee guidelines described in subsection
(a)(2), the Secretary of Defense shall report to the Election
Assistance Commission on the results of the demonstration
project for the purpose of establishing such guidelines.''.
(g) Establishment of Long-Term Plan.--Section 1604 of such
Act, as amended by subsections (d) and (f), is amended by
redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
``(f) Long-Term Plan.--
``(1) In general.--The Secretary of Defense shall, based on
the results of the demonstration project under subsection
(a)(1) and after consultation with stakeholders described in
paragraph (2), develop a long-term plan for implementing a
program under which absent uniformed service voters and
overseas voters may vote in Federal, State, and local
elections through electronic voting systems.
``(2) Stakeholders.--The stakeholders described in this
paragraph are--
``(A) absent uniformed service voters;
``(B) State and local election officials;
``(C) the Election Assistance Commission;
``(D) the National Institute of Standards and Technology;
``(E) enterprises involved with successful online public
voting programs; and
``(F) such other parties as the Secretary of Defense
determines would be necessary or helpful to developing the
plan described in paragraph (1).''.
______

SA 3085. Ms. SNOWE (for herself 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 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), which shall not include any area that is more than 15
miles from the exterior boundary of that military
installation, that are substantially and 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 3086. 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 appropriate place in subtitle D of title X, insert
the following:
Sec. 10__.  Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit
to Congress a report describing actions taken by the
Department of Defense to ensure the provision of quality
service and procurement in a fiscally sound manner to schools
participating in the school lunch program established under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) that receive fresh fruits and vegetables
purchased by the Department of Defense under an agreement
with the Department of Agriculture.
______

SA 3087. Mr. McCONNELL (for Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

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

SEC. 673. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY
MEMBERS OF THE ARMED FORCES.

(a) Reports Required.--Not later than April 1, 2008, the
Secretary of each military department shall submit to the
congressional defense committees a report on the utilization
of tuition assistance by members of the Armed Forces, whether
in the regular components if the Armed Forces or the reserve
components of the Armed Forces, under the jurisdiction of
such military department during fiscal year 2007.
(b) Elements.--The report with respect to a military
department under subsection (a) shall include the following:
(1) Information on the policies of such military department
for fiscal year 2007 regarding utilization of, and limits on,
tuition assistance by members of the Armed Forces under the
jurisdiction of such military department, including an
estimate of the number of members of the reserve components
of

[[Page S12302]]

the Armed Forces under the jurisdiction of such military
department whose requests for tuition assistance during that
fiscal year were unfunded.
(2) Information on the policies of such military department
for fiscal year 2007 regarding funding of tuition assistance
for each of the regular components of the Armed Forces and
each of the reserve components of the Armed Forces under the
jurisdiction of such military department.
______

SA 3088. Mr. McCONNELL (for Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

At the end of title VII, add the following:

SEC. 703. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS
OF THE ARMED FORCES BEFORE THEIR DEPLOYMENT.

Not later than April 1, 2008, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting
forth the following:
(1) The results of a study of the frequency of medical
physical examinations conducted by each component of the
Armed Forces (including both the regular components and the
reserve components of the Armed Forces) for members of the
Armed Forces within such component before their deployment.
(2) A comparison of the policies of the military
departments concerning medical physical examinations of
members of the Armed Forces before their deployment,
including an identification of instances in which a member
(including a member of a reserve component) may be required
to undergo multiple physical examinations, from the time of
notification of an upcoming deployment through the period of
preparation for deployment.
(3) A model of, and a business case analysis for, each of
the following:
(A) A single predeployment physical examination for members
of the Armed Forces before their deployment.
(B) A single system for tracking electronically the results
of examinations under subparagraph (A) that can be shared
among the military departments and thereby eliminate
redundancy of medical physical examinations for members of
the Armed Forces before their deployment.
______

SA 3089. Mr. McCONNELL (for Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

At the end of title VII, add the following:

SEC. 703. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR
MEMBERS OF THE ARMED FORCES PENDING RESOLUTION
OF SERVICE-RELATED MEDICAL CONDITIONS.

Section 1145(a) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``Transitional health
care'' and inserting ``Except as provided in paragraph (6),
transitional health care''; and
(2) by adding at the end the following new paragraph:
``(6)(A) Before the end of the period of availability of
transitional health care for a member under paragraph (3),
the Secretary concerned shall ensure that the unit commander
of the member requires a physical examination of the member
in order to determine whether or not the member has a medical
condition relating to service on active duty covered by
paragraph (2) that warrants further medical care.
``(B) A member determined under subparagraph (A) to have a
medical condition described in that subparagraph shall be
entitled to receive medical and dental care for such medical
condition as if the member were a member of the armed forces
on active duty until such medical condition is resolved.
``(C) The Secretary concerned shall ensure that the Defense
Enrollment and Eligibility Reporting System (DEERS) is
continually updated in order to reflect the continuing
entitlement of members covered by subparagraph (B) to the
medical and dental care referred to in that subparagraph.''.
______

SA 3090. Mr. McCONNELL (for Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

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

SEC. 656. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF
RETIRED PAY FOR NON-REGULAR SERVICE.

Section 12733(3) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``before the year of service that includes October
30, 2007; and''; and
(3) by adding at the end the following new subparagraph:
``(D) 130 days in the year of service that includes October
30, 2007, and any subsequent year of service.''.
______

SA 3091. Ms. MIKULSKI (for herself, Mr. Warner, and Mr. Coleman)
submitted an amendment intended to be proposed by her to the bill 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. __. SMALL AND SEASONAL BUSINESSES.

(a) Short Title.--This section may be cited as the ``Save
our Small and Seasonal Businesses Act of 2007''.
(b) In General.--Section 214(g)(9)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended, by
striking ``an alien who has already been counted toward the
numerical limitation of paragraph (1)(B) during fiscal year
2004, 2005, or 2006 shall not again be counted toward such
limitation during fiscal year 2007.'' and inserting the
following: ``an alien who has been present in the United
States as an H-2B nonimmigrant during any 1 of the 3 fiscal
years immediately preceding the fiscal year of the approved
start date of a petition for a nonimmigrant worker described
in section 101(a)(15)(H)(ii)(b) shall not be counted toward
such limitation for the fiscal year in which the petition is
approved.''.
(c) Effective Date.--The amendment made by subsection (b)
shall be effective during the 3-year period beginning on
October 1, 2007.
______

SA 3092. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an
amendment intended to be proposed to amendment SA 2011 proposed by Mr.
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 342. SENSE OF SENATE ON THE AIR FORCE LOGISTICS CENTERS.

(a) Findings.--The Senate makes the following findings:
(1) Air Force Air Logistics Centers have served as a model
of efficiency and effectiveness in providing integrated
sustainment (depot maintenance, supply management, and
product support) for fielded weapon systems within the
Department of Defense. This success has been founded in the
integration of these dependent processes.
(2) Air Force Air Logistics Centers have embraced best
practices, technology changes, and process improvements, and
have successfully managed increased workload while at the
same time reducing personnel.
(3) Air Force Air Logistics Centers continue to
successfully sustain an aging aircraft fleet that is
performing more flying hours, with less aircraft, than at any
point in the last thirty years.
(4) The Global Logistics Support Center (GLSC) concept
represents an attempt to apply an enterprise approach to
supply chain management.
(5) The purpose of Global Logistics Support Center is to
eliminate redundancies and improve efficiencies across the
Air Force in order to best provide capable aircraft to the
warfighter.
(6) The Air Force is to be commended for attempting to
identify potential means to create further efficiencies in
the Air Force logistics network.
(7) While centralizing the execution and chain of command
for supply within the Air Force logistics network may add
value, the impact on integrated sustainment support may prove
detrimental and more complex and could negatively affect
delivery of deployment-capable aircraft to the warfighter.
(b) Reports Required.--

[[Page S12303]]

(1) Periodic reports required.--In order to provide
Congress with appropriate insight into the impact on
integrated sustainment capabilities during the development of
the Global Logistics Support Center concept, the Secretary of
the Air Force shall submit to the congressional defense
committees on a periodic basis (not less than every 120 days)
reports on the plans of the Air Force regarding the Global
Logistics Support Center.
(2) Elements.--Each report under paragraph (1) shall
include, current as of the date of such report with respect
to the development of the Global Logistics Support Center,
the following:
(A) Milestones, including criteria for achieving such
milestones.
(B) Planned or potential realignments of personnel through
either a change of reporting official or change in
geographical location.
(C) Proposed changes and potential impact to the integrated
aircraft sustainment process.
(D) Proposed changes to program management, product support
responsibilities, or both for fielded weapon systems.
(E) Proposed changes to the depot maintenance
responsibilities as such responsibilities relate to the
sustainment of weapon systems.
______

SA 3093. Mr. CHAMBLISS (for himself, Mr. Hatch, and Mr. Isakson)
submitted an amendment intended to be proposed to amendment SA 2011
proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

Strike section 1029 and insert the following:

SEC. 1029. JOINT CARGO AIRCRAFT.

(a) In General.--
(1) Applicability of certain document on air mobility
operations.--All documents, plans, budgets, and strategies
pertaining to the Joint Cargo Aircraft (JCA) program referred
to in paragraph (2) shall be consistent with and informed by
Department of Defense Joint Publication 3-17, entitled
``Joint Doctrine, Tactics, Techniques, and Procedures for Air
Mobility Operations'', with specific reference to Chapter IV
of that publication, entitled ``Airlift'', and the relevant
sections of that chapter regarding Airlift Missions,
Operational Support Airlift, and Service Organic Operations.
(2) Documents, plans, budgets, and strategies.--The
documents, plans, budgets, and strategies referred to in this
paragraph are all documents, plans, budgets, and strategies
relating to the Joint Cargo Aircraft program, including, but
not limited to, the following:
(A) The Memorandum of Agreement between the Department of
the Army and the Department of the Air Force on the Joint
Cargo Aircraft Program.
(B) The Joint Cargo Aircraft Acquisition Decision
Memorandum.
(C) The Acquisition Program Baseline for the Joint Cargo
Aircraft Program.
(D) The Joint Cargo Aircraft Concept of Operations.
(E) The Fleet mix analysis for the Joint Cargo Aircraft.
(F) The Acquisition Strategy for the Future Cargo Aircraft.
(b) Sense of Senate on Joint Cargo Aircraft.--It is the
Sense of the Senate that the Army and the Air Force should
pursue an integrated maintenance and sustainment strategy for
the Joint Cargo Aircraft that takes maximum advantage of
capabilities organic to the United States Government.
______

SA 3094. Mrs. BOXER 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 V, add the following:

SEC. 522. PROHIBITION ON AVAILABILITY OF FUNDS FOR PAYMENT OF
ENLISTMENT BONUSES TO CERTAIN FELONS FOR
ENLISTMENT IN THE ARMED FORCES.

No amounts authorized to be appropriated by this Act may be
obligated or expended for the payment to an individual of a
bonus for enlistment in the Armed Forces if the individual
has been convicted under Federal or State law of any felony
offense as follows:
(1) Aggravated assault with a deadly weapon.
(2) Arson.
(3) Hate crime.
(4) Sexual misconduct.
(5) Terrorist threatening.
______

SA 3095. Ms. LANDRIEU 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 title VI, insert the following:

Subtitle D--Iraq Refugee Crisis

SEC. 1541. PROCESSING MECHANISMS.

(a) In General.--The Secretary of State shall establish
processing mechanisms in Iraq and in countries in the region
in which
(1) aliens described in section 1542 may apply and
interview for admission to the United States as refugees; and
(2) aliens described in section 1543(b) may apply and
interview for admission to the United States as special
immigrants.
(b) Reports.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, :in
consultation with the Secretary of Homeland Security, shall
submit a report that contains the plans and assessment
described in paragraph (2) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) describe the Secretary's plans to establish the
processing mechanisms described in subsection (a); and
(B) contain an assessment of in-country processing that
makes use of video-conferencing.

SEC. 1542. UNITED STATES REFUGEE PROGRAM PRIORITIES.

(a) In General.--Priority 2 refugees of special
humanitarian concern under the refugee resettlement priority
system shall include--
(1) an unmarried person under the age of 18 years old who:
(A) is a national of Iraq; and
(B) has been orphaned due to the death or disappearance of
their biological or adoptive parent, parents, or legal
guardians as a result of or incidental to U.S. or Coalition
military action in Iraq subsequent to March 1, 2003, or
resulting from or incidental to sectarian or religious
violence since March 1, 2003; and
(C) has been determined to be without a living relative
between and including the ages of 30 and 70 years and are
willing and able to provide for their care either in Iraq or
in another country apart from the United States based upon a
review by the Iraqi government and
a. the United States Department of State, or
b. the United States Department of Homeland Security; or
c. the United Nations High Commissioner for Refugees; or
d. other non-governmental organizations or entities
experienced in assisting refugees and locating their nearest
living relatives.
(b) Security.--An alien is not eligible to participate in
the program authorized under this section if the alien is
otherwise inadmissible to the United States under section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)).

SEC. 1543. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

(a) In General.--Subject to subsection (c)(1) and
notwithstanding any other provision of law, for purposes of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
the Secretary of Homeland Security may provide an alien
described in subsection (b) with the status of a special
immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101
(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien, submits to
the Secretary a petition under section 204 of such Act (8
U.S.C. 1154) for classification under section 203(b)(4) of
such Act (8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant visa; and
(3) is otherwise admissible to the United States for
permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4)).
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is an unmarried person under the age of 18 years old;
and
(B) is a national of Iraq; and
(C) has been orphaned due to the death or disappearance of
their biological or adoptive parent, parents, or legal
guardians as a result of or incidental to U.S. or Coalition
military action in Iraq subsequent to March 1, 2003, or
resulting from or incidental to sectarian or religious
violence since March 1, 2003; and
(D) has been determined to be without a living relative
between and including the ages of 30 and 70 years and are
willing and able to provide for their care either in Iraq or
in another country apart from the United States based upon a
review by the Iraqi government and
i. the United States Department of State, or

[[Page S12304]]

ii. the United States Department of Homeland Security; or
iii. the United Nations High Commissioner for Refugees; or
iv. other non-governmental organizations or entities
experienced in assisting refugees and locating their nearest
living relatives.
(c) Numerical Limitations and Benefits.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
may not exceed an annual limit that the United States
Department of Homeland Security determines in consultation
with the United Nations High Commissioner for Refugees and
the United States Department of State for each of the 5
fiscal years beginning after the date of the enactment of
this Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against any numerical limitation under sections
201(d), 202(a), or 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) Benefits.--Aliens provided special immigrant status
under this section shall be eligible for the same
resettlement assistance, entitlement programs, and other
benefits as unaccompanied minor refugees admitted under
section 207 of the Immigration and Naturalization Act (8
U.S.C. 1157).
(4) Carry forward.--If the numerical limitation under
paragraph (1) is not reached during a given fiscal year, the
numerical limitation under paragraph (1) for the following
fiscal year shall be increased by a number equal to the
difference between--
(A) the number of visas authorized under paragraph (1) for
the given fiscal year; and
(B) the number of principal aliens provided special
immigrant status under this section during the given fiscal
year.
(d) Visa and Passport Issuance and Fees.--Neither the
Secretary of State nor the Secretary of Homeland Security may
charge an alien described in subsection (b) any fee in
connection with an application for, or issuance of, a special
immigrant visa. The Secretary of State shall ensure that
aliens described in this section who are issued special
immigrant visas are provided with the appropriate series
Iraqi passport necessary to enter the United States.
(e) Protection of Aliens.--The Secretary of State, in
consultation with other relevant Federal agencies, shall
provide an alien described in this section who is applying
for a special immigrant visa with protection or the immediate
removal from Iraq of such alien if the Secretary determines
that such alien is in imminent danger.
(f) Security.--An alien is not eligible to participate in
the program authorized under this section if the alien is
otherwise inadmissible to the United States under section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)).
(g) Definitions.--Notwithstanding any contrary definitions
set forth in this section, the terms defined in subsections
(a) and (b) of section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101) have the same meanings when used in this
section.
(h) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall promulgate regulations to carry out the provisions of
this section, including requirements for background checks;
(i) Savings Provision.--Nothing in this section may be
construed to affect the authority of the Secretary of
Homeland Security under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163).

SEC. 1544. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
______

SA 3096. Mr. VOINOVICH (for himself, Mr. Alexander, Mrs. Dole, and
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 C of title XV, add the following:

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

(a) Findings.--Congress makes the following findings:
(1) Only a political solution amongst the Iraqi themselves
can end the violence and bring about lasting stability in
Iraq.
(2) The Iraqi political leaders have not met their own
benchmarks.
(3) The Iraq Study Group under the leadership of James
Baker and Lee Hamilton reported in December 2006 that ``the
United States should not make an open-ended commitment to
keep large numbers of American troops deployed in Iraq'' and
``if the Iraqi government does not make substantial progress
toward the achievement of milestones on national
reconciliation, security, and governance, the United States
should reduce its political, military, or economic support
for the Iraqi government''.
(4) The Iraq Study Group also reported that ``[b]y the
first quarter of 2008, subject to unexpected developments in
the security situation on the ground, all [U.S.] combat
brigades not necessary for force protection could be out of
Iraq. At that time, U.S. combat forces in Iraq could be
deployed only in units embedded with Iraqi forces, in rapid-
reaction and special operations teams, and in training,
equipping, advising, force protection, and search and
rescue''.
(5) The Iraq Study Group also stated that the redeployment
of troops from Iraq should be ``subject to unexpected
developments in the security situation on the ground''.
(6) The Independent Commission on the Security Forces of
Iraq under the leadership of retired Marine General Jim Jones
recently reported that a number of Iraqi Army battalions that
are capable of taking the lead in combating violence and
sectarian conflict are not in the lead and recommended
further that the size of ``our national footprint in Iraq be
reconsidered with regard to its efficiency, necessity, and
its cost'' and that ``[s]ignificant reductions,
consolidations, and realignments would appear to be possible
and prudent''.
(7) The President stated in his speech to the nation on
September 13, 2007, that ``[o]ver time our troops will shift
from leading operations, to partnering with Iraqi forces--and
eventually to overwatching those forces. As this transition
in our mission takes place, our troops will focus on a more
limited set of tasks, including counterterrorism operations
and training, equipping and supporting Iraqi forces''.
(8) General David Petraeus has stated that progress is
being achieved at different rates in different provinces of
Iraq and that further progress is likely to continue to vary
from province to province.
(9) The precipitous withdrawal of all United States forces
from Iraq is not desirable and could have dangerous
consequences for the national security of the United States
and our allies.
(10) The United States must remain engaged in Iraq and the
Middle East region for the foreseeable future to protect our
national security interests.
(11) 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 and a transition of
those forces to a focused set of missions.
(12) The Iraq Study Group recommended that ``[t]he United
States should not make an open-ended commitment to keep large
numbers of American troops in Iraq''.
(13) General Petraeus has stated that a reduction in the
number of United States forces in Iraq to approximately the
pre-surge level will be imminent as a result of security
gains in Iraq and the limits on United States forces
available for deployment.
(b) In General.--The Secretary of Defense shall commence a
reduction in the number of United States forces in Iraq not
later than 90 days after the date of the enactment of this
Act.
(c) Implementation of Reduction Along With a Comprehensive
Strategy.--
(1) In general.--The reduction in the number of United
States forces required by this section shall be implemented
along with 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) Larger international role in political strategy.--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 the United Nations to Iraq, under the
auspices of the United Nations Security Council, who has the
authority of the international community to engage political,
religious, ethnic, and tribal leaders in Iraq in an inclusive
political process and to promote the engagement of Iraq's
neighbors.
(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 May 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 and Transition.--After the completion of the
reduction of United States forces that commences pursuant to
subsection (b), the Secretary of Defense may deploy or
maintain United States forces in Iraq only for the following
missions:
(1) Protecting United States and coalition personnel and
infrastructure, including by targeted border security
operations.
(2) Training, equipping, and providing logistic support to
the Iraqi Security Forces, including Iraqi security forces
operating against extremist militia groups, such as Jaish al
Mahdi, that conduct attacks against

[[Page S12305]]

United States forces and Iraqi security forces.
(3) Engaging in targeted counterterrorism operations
against al Qaeda, al Qaeda affiliated groups, and other
international terrorist organizations, including providing
support to Sunni operations that oppose such groups and
organizations.
(4) Providing personnel and support to Provisional
Reconstruction Teams, until civilian personnel can be
recruited to fill positions on such teams.
(5) Sharing information and intelligence as necessary with
Iraqi Security Forces to achieve the missions described in
paragraphs (1) through (4).
(e) Completion of Transition.--The goal for the completion
of the transition of United States forces in Iraq to a
limited presence and missions as described in subsection (d)
shall be a date not later than 15 months after the date of
the enactment of this Act.
(f) Report on Reduction and Transition.--Not later than 90
days after the date of the enactment of this Act and every 90
days thereafter, the Secretary of Defense shall submit to
Congress a report setting forth the following:
(1) The plan for carrying out the reduction and transition
of United States forces in Iraq to a limited presence whose
missions do not exceed the missions specified in subsection
(d), including the associated force reductions, adjustments,
and expectations with respect to timelines.
(2) A comprehensive description of efforts to prepare for
the reduction and transition of United States forces in Iraq
in accordance with this section and to limit any
destabilizing consequences of such reduction and transition,
including a description of efforts to work with the United
Nations and countries in the region toward that objective.
______

SA 3097. Mr. ALEXANDER (for himself and Mr. Corker) submitted an
amendment intended to be proposed to amendment SA 2011 proposed by Mr.
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

On page 472, in the table following line 11, insert after
the item relating to North Kingstown, Rhode Island, the
following:

------------------------------------------------------------------------

------------------------------------------------------------------------
Tennessee..........................  Tullahoma.............     $264,000
------------------------------------------------------------------------

On page 476, line 3, strike ``$458,515,000'' and insert
``$458,779,000''.
______

SA 3098. Mr. ALEXANDER (for himself and Mr. Corker) submitted an
amendment intended to be proposed to amendment SA 2011 proposed by Mr.
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

On page 474, in the table following line 11, in the item
relating to McGhee-Tyson Airport, Tennessee, strike
``$3,200,000'' in the amount column and insert
``$4,320,000''.
On page 476, line 9, strike ``$216,417,000'' and insert
``$217,537,000''.
______

SA 3099. Mr. REED (for himself, Mr. Lieberman, and Mr. Dodd)
submitted an amendment intended to be proposed to amendment SA 2011
proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

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

SEC. 132. ADVANCED PROCUREMENT FOR VIRGINIA CLASS SUBMARINE
PROGRAM.

Of the amount authorized to be appropriated by section
102(a)(3) for shipbuilding and conversion for the Navy,
$1,172,710,000 may be available for advanced procurement for
the Virginia class submarine program, of which--$470,000,000
may be made available for advanced procurement for an
additional Virginia class submarine, of which--
(1) $400,000,000 may be available for the procurement of a
spare set of reactor components; and
(2) $70,000,000 may be available for advanced procurement
of non-nuclear long lead time material in order to support a
reduced construction span for the boats in the next multiyear
procurement program.
______

SA 3100. Mr. REED (for himself and Mr. Cardin) submitted an amendment
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 555. SENSE OF SENATE ON SERVICE ACADEMY SPONSOR
PROGRAMS.

(a) Findings.--The Senate makes the following findings:
(1) Sponsor programs for the service academies assist
individuals in their transition from civilian life to status
as a cadet or midshipman and to status as a commissioned
officer in the Armed Forces by helping them realize that
military life involves families, homes, and community.
(2) Sponsors under such programs have the opportunity to
contribute to the development of cadets and midshipmen at the
service academies by exposing cadets and midshipmen to
military traditions, customs, and courtesies in a social
environment, while such sponsors and their families develop
lasting relationships and learn more about life in the
service academies.
(3) Sponsors under such programs have a significant impact
on the overall education of cadets and midshipmen, and their
responsibilities as role models and representatives of the
service academies must be carefully considered.
(4) While the sponsor programs at each service academy may
vary, to ensure the success of these programs, Congress has
the responsibility to verify that the selection and oversight
of sponsors under such programs is appropriately conducted,
that the rights of cadets and midshipmen are protected, and
that the program activities serve the best interests of
cadets and midshipmen.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) not later than 180 days after the date of the enactment
of this Act, each Superintendent of a service academy should
conduct a review of the sponsor program at such service
academy, together with a copy of the policy of the academy
with respect to such program;
(2) each review under paragraph (1) should assess--
(A) the purpose of the policy regarding the sponsor program
at the academy;
(B) the implementation of the policy;
(C) the method used to screen potential sponsors under such
program;
(D) the responsibilities of sponsors under such program;
(E) the guidance provided to midshipmen and cadets
regarding the sponsor program; and
(F) any recommendations for change in the sponsor program;
and
(3) each Superintendent should provide to the Committee on
Armed Services of the Senate, and to the public, a summary of
such review and any modifications of the sponsor policy
concerned as a result of such review.
______

SA 3101. Mr. HATCH (for himself and Mr. Coburn) submitted an
amendment intended 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 appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE ON COLUMBIA UNIVERSITY'S
HONORING OF IRANIAN PRESIDENT MAHMOUD
AHMADINEJAD.

(a) Findings.--The Senate makes the following findings:
(1) On September 24, 2007, at the request of the Iranian
government, Columbia University provided a forum for Iranian
President Mahmoud Ahmadinejad to speak.
(2) President Ahmadinejad has referred to the Holocaust as
a ``myth''.
(3) President Ahmadinejad has called for the State of
Israel to be ``wiped off the map''.
(4) President Ahmadinejad has attempted to justify chants
of ``Death to America''.
(5) In a recent interview in which he defended his
insulting request to visit the site of the terrorist attacks
of September 11, 2001, President Ahmadinejad stated that he
wanted to discuss the ``root causes'' of the murder of nearly
3,000 working men and women.
(6) General David Petraeus has stated that arms supplies
from Iran, including 240mm rockets and explosively formed
projectiles, ``contributed to a sophistication of attacks
that would by no means be possible without Iranian support .
. . The evidence is very, very clear.''.
(7) In 1979, American diplomats and citizens were taken
hostage at the United States Embassy in Tehran, with 52 being
held captive for 444 days in violation of international law,
and several of those captives have identified President
Ahmadinejad as 1 of the hostage takers.

[[Page S12306]]

(8) In 1969, the Columbia University administration
expelled all ROTC programs from campus.
(9) Even today, Columbia University students wishing to
serve their country by participating in an ROTC program must
travel to other local colleges to do so.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) it was beneath the dignity of a great American
university to provide a public forum, and propaganda
opportunity, to a documented anti-Semite and avowed enemy of
the United States; and
(2) such a forum was particularly inappropriate given
Columbia's denial of opportunities to its own students to
serve their country through participation in the military's
ROTC program.
______

SA 3102. Mr. BENNETT submitted an amendment intended to be proposed
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin)
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

At the end of title VIII, add the following:
Sec. 81__. (a) The Secretary of Energy shall develop a
strategy to complete the remediation at the Moab site, and
the removal of the tailings to the Crescent Junction site, in
the State of Utah by not later than January 1, 2019.
(b) Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Appropriations of each of the Senate and the
House of Representatives a report describing the strategy
developed under subsection (a) and changes to the existing
cost, scope and schedule of the remediation and removal
activities that will be necessary to implement the strategy.
______

SA 3103. Mr. McCONNELL (for Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

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

SEC. 1070. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR
REFUELING SUPPORT FOR THE AIR FORCE.

(a) Pilot Program Required.--The Secretary of Air Force
shall, commencing as soon as practicable after the date of
the enactment of this Act, conduct a pilot program to assess
the feasability and advisability of utilizing commercial fee-
for-service air refueling tanker aircraft for Air Force
operations.
(b) Purpose.--
(1) In general.--The purpose of the pilot program required
by subsection (a) is to support, augment, or enhance the air
refueling mission of the Air Force by utilizing commercial
air refueling providers on a fee-for-service basis.
(2) Elements.--In order to achieve the purpose of the pilot
program, the pilot program shall--
(A) demonstrate and validate a comprehensive strategy for
air refueling on a fee-for-service basis by utilizing all
participating aircraft in the mission areas of testing
support, training support to receivers, homeland defense
support, deployment support, air bridge support, aeromedical
evacuation, and emergency air refueling; and
(B) integrate fee-for-service air refueling described in
paragraph (1) into Air Mobility Command operations.
(c) Competitive Providers.--The pilot program shall include
the services of not more than five commercial air refueling
providers selected by the Secretary for the pilot program
utilizing competitive procedures.
(d) Minimum Number of Aircraft.--Each provider selected for
the pilot program shall utilize no fewer than five air
refueling aircraft in participating in the pilot program.
(e) Aircraft Utilization.--The pilot program shall provide
for a minimum of 1,500 flying hours per year per air
refueling aircraft participating in the pilot program.
(f) Duration.--The period of the pilot program shall be not
less than five years after the commencement of the pilot
program.
______

SA 3104. Mr. McCONNELL (for Mr. McCain (for himself, Mr. Cornyn, Mr.
Sessions, Mr. Conrad, Mr. Shelby, Mrs. Hutchison, and Mr. Hatch))
submitted an amendment intended to be proposed to amendment SA 2011
proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:

At the end of subtitle 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.

(a) Findings.--Congress makes the following findings:
(1) A properly executed comprehensive strategy to replace
Air Force tankers will allow the United States military to
continue to project combat capability anywhere in the world
on short notice without relying on intermediate bases for
refueling.
(2) With an average age of 45 years, it is estimated that
it will take over 30 years to replace the KC-135 aircraft
fleet with the funding currently in place.
(3) In addition to the KC-X program of record, which
supports the tanker replacement strategy, the Air Force
should immediately pursue that part of the tanker replacement
strategy that would support, augment, or enhance the Air
Force air refueling mission, such as Fee-for-Service support
or modifications and upgrades to maintain the viability of
the KC-135 aircraft force structure as the Air Force
recapitalizes the tanker fleet.
(b) Sense of Congress.--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 3105. Mr. VITTER 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. VOTING BY DEPARTMENT OF DEFENSE PERSONNEL.

(a) Responsibility for Oversight of Voting Within DoD.--The
Secretary of Defense shall designate a single member of the
Armed Forces to undertake responsibility for matters relating
to voting by Department of Defense personnel. The member so
designated shall report directly to the Secretary in the
discharge of that responsibility.
(b) Responsibility for Oversight of Voting Within Military
Departments.--The Secretary of each military department shall
designate a single member of the Armed Forces under the
jurisdiction of such Secretary to undertake responsibility
for matters relating to voting by personnel of such military
department. The member so designated shall report directly to
such Secretary in the discharge of that responsibility.
(c) Management of Military Voting Operations.--The Business
Transformation Agency shall oversee the management of
business systems and procedures of the Department of Defense
with respect to military and overseas voting, including
applicable communications with States and other non-
Department entities regarding voting by Department of Defense
personnel. In carrying out that responsibility, the Business
Transformation Agency shall be responsible for the
implementation of any pilot programs and other programs
carried out for purposes of voting by Department of Defense
personnel.
(d) Improvement of Ballot Distribution.--The Secretary of
Defense shall undertake appropriate actions to streamline the
distribution of ballots to Department of Defense personnel
using electronic and Internet-based technology. In carrying
out such actions, the Secretary shall seek to engage
stakeholders in voting by Department of Defense personnel at
all levels to ensure maximum participation in such actions by
State and local election officials, other appropriate State
officials, and members of the Armed Forces.
(e) Reports.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act,

[[Page S12307]]

the Secretary of Defense shall submit to Congress a report on
the status of efforts to implement the requirements of this
section.
(2) Report on plan of action.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall submit to Congress a report setting forth a
comprehensive plan of action to ensure that members of the
Armed Forces have the full opportunity to exercise their
right to vote.
______

SA 3106. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin)
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1070. ASSESSMENT OF TERMINATION OF RICHARD M. BARLOW
FROM DEPARTMENT OF DEFENSE EMPLOYMENT.

(a) Assessment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
appoint an independent expert with appropriate clearances not
currently affiliated with the Department of Defense to assess
whether Richard Barlow was wrongfully terminated for his
actions while employed by the Department of Defense.
(b) Review of Materials.--The independent expert is deemed
to have a need to know of all materials, classified and
unclassified, necessary to make an informed judgment of
Richard Barlow's termination. The Secretary of Defense shall
supply materials requested by the independent expert on an
expedited basis.
(c) Recommendations.--
(1) In general.--Not later than one year after appointment
of the independent expert, the independent expert shall
submit to the Secretary of Defense a report on the assessment
conducted under subsection (a).
(2) Content.--The report submitted under paragraph (1)
shall include--
(A) a recommendation as to whether Richard Barlow was
wrongfully terminated; and
(B) if the recommendation is that Richard Barlow was
wrongfully terminated, a recommendation as to the amount of
compensation he is entitled to for such wrongful termination.
(3) Form.--The report submitted under subsection (a) shall
be submitted in classified and unclassified forms.
(d) Authorization.--The Secretary of Defense is authorized
to pay out of available funds such amount as is recommended
by the independent expert in (c)(2)(B).
(e) No Inference of Liability.--Nothing in this section
shall be construed as an inference of liability on the part
of the United States.
(f) No Agents and Attorneys Fees.--None of the payment
authorized by this section may be paid to or received by any
agent or attorney for any services rendered in connection
with obtaining such payment. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be
subject to a fine in the amount provided in title 18, United
States Code.
______

SA 3107. Mr. NELSON of Florida (for himself and 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:

On page 508, between lines 3 and 4, insert the following:

SEC. 2854. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT
ACADEMY AT THE NATIONAL MUSEUM OF NAVAL
AVIATION, NAVAL AIR STATION, PENSACOLA,
FLORIDA.

Section 2850(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-428))
is amended--
(1) by striking ``naval aviation and'' and inserting
``naval aviation,''; and
(2) by inserting before the period at the end the
following: ``, and, as of January 1, 2008, to teach the
science, technology, engineering, and mathematics disciplines
that have an impact on and relate to aviation''.
______

SA 3108. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 2188 submitted by Mr. Lieberman 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 2, strike lines 10 through 18.
______

SA 3109. Mr. REID (for Mr. Kennedy (for himself, Mrs. McCaskill, Mr.
Lieberman, Ms. Mikulski, Mr. Akaka, Mr. Brown, and Mr. Dodd)) submitted
an amendment intended to be proposed to amendment SA 3058 proposed by
Mr. Kennedy (for himself, Mrs. McCaskill, Mr. Lieberman, Ms. Mikulski,
Mr. Akaka, Mr. Brown, and Mr. Dodd) to the 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:

In the amendment strike all after the first word and insert
the following:

358. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS
BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.

(a) Comparison of Retirement System Costs.--Section
2461(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) requires that the contractor shall not receive an
advantage for a proposal that would reduce costs for the
Department of Defense by--
``(i) not making an employer-sponsored health insurance
plan (or payment that could be used in lieu of such a plan),
health savings account, or medical savings account, available
to the workers who are to be employed to perform the function
under the contract;
``(ii) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than the
amount that is paid by the Department of Defense for health
benefits for civilian employees of the Department under
chapter 89 of title 5; or
``(iii) offering to such workers a retirement benefit that,
in any year, costs less than the annual retirement cost
factor applicable to civilian employees of the Department of
Defense under chapter 84 of title 5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b) through (d) as
subsections (c) through (e); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each
officer or employee of the Department of Defense responsible
for determining under Office of Management and Budget
Circular A-76 whether to convert to contractor performance
any function of the Department of Defense--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The Secretary of Defense shall prescribe regulations
to carry out this subsection. The regulations shall include
provisions for the selection or designation of appropriate
representatives of employees referred to in subparagraph (B)
for purposes of consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as
amended by subsection (a), is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after ``2003'' the
following: ``, or any successor circular''; and
(B) in subparagraph (D), by striking ``and reliability''
and inserting ``, reliability, and timeliness''; and
(2) in subsection (c)(2), as redesignated under subsection
(b)(2), by inserting ``of'' after ``examination''.

SEC. 359. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT BUDGET CIRCULAR A-76.

(a) Eligibility to Protest Public-Private Competitions.--
Section 3551(2) of title 31,

[[Page S12308]]

United States Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
with respect to the performance of an activity or function of
a Federal agency, or a decision to convert a function
performed by Federal employees to private sector performance
without a competition under Office of Management and Budget
Circular A-76, includes--
``(i) any official who submitted the agency tender in such
competition; and
``(ii) any one individual who, for the purpose of
representing the Federal employees engaged in the performance
of the activity or function for which the public-private
competition is conducted in a protest under this subchapter
that relates to such public-private competition, has been
designated as the agent of the Federal employees by a
majority of such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such title
is amended by adding at the end the following new section:

``SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-PRIVATE
COMPETITIONS.

``For any protest of a public-private competition conducted
under Office of Management and Budget Circular A-76 with
respect to the performance of an activity or function of a
Federal agency, the Comptroller General shall administer the
provisions of this subchapter in the manner best suited for
expediting the final resolution of the protest and the final
action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at the
beginning of such chapter is amended by inserting after the
item relating to section 3556 the following new item:

``3557. Expedited action in protests of public-private competitions.''.
(c) Right to Intervene in Civil Action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If an interested party who is a member of the private
sector commences an action described in paragraph (1) with
respect to a public-private competition conducted under
Office of Management and Budget Circular A-76 regarding the
performance of an activity or function of a Federal agency,
or a decision to convert a function performed by Federal
employees to private sector performance without a competition
under Office of Management and Budget Circular A-76, then an
interested party described in section 3551(2)(B) of title 31
shall be entitled to intervene in that action.''.
(d) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by subsection (a)),
and paragraph (5) of section 1491(b) of title 28, United
States Code (as added by subsection (c)), shall apply to--
(1) a protest or civil action that challenges final
selection of the source of performance of an activity or
function of a Federal agency that is made pursuant to a study
initiated under Office of Management and Budget Circular A-76
on or after January 1, 2004; and
(2) any other protest or civil action that relates to a
public-private competition initiated under Office of
Management and Budget Circular A-76, or to a decision to
convert a function performed by Federal employees to private
sector performance without a competition under Office of
Management and Budget Circular A-76, on or after the date of
the enactment of this Act.

SEC. 360. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

(a) In General.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end
the following new section:

``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

``(a) Public-Private Competition.--(1) A function of an
executive agency performed by 10 or more agency civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition that--
``(A) formally compares the cost of performance of the
function by agency civilian employees with the cost of
performance by a contractor;
``(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A-76, as implemented on May 29, 2003, or
any successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet the
needs of the executive agency with respect to factors other
than cost, including quality, reliability, and timeliness;
``(E) examines the cost of performance of the function by
agency civilian employees and the cost of performance of the
function by one or more contractors to demonstrate whether
converting to performance by a contractor will result in
savings to the Government over the life of the contract,
including--
``(i) the estimated cost to the Government (based on offers
received) for performance of the function by a contractor;
``(ii) the estimated cost to the Government for performance
of the function by agency civilian employees; and
``(iii) an estimate of all other costs and expenditures
that the Government would incur because of the award of such
a contract;
``(F) requires continued performance of the function by
agency civilian employees unless the difference in the cost
of performance of the function by a contractor compared to
the cost of performance of the function by agency civilian
employees would, over all performance periods required by the
solicitation, be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the function by
a contractor on the agency mission associated with the
performance of the function.
``(2) A function that is performed by the executive agency
and is reengineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient, but still
essentially provides the same service, shall not be
considered a new requirement.
``(3) In no case may a function being performed by
executive agency personnel be--
``(A) modified, reorganized, divided, or in any way changed
for the purpose of exempting the conversion of the function
from the requirements of this section; or
``(B) converted to performance by a contractor to
circumvent a civilian personnel ceiling.
``(b) Requirement to Consult Employees.--(1) Each civilian
employee of an executive agency responsible for determining
under Office of Management and Budget Circular A-76 whether
to convert to contractor performance any function of the
executive agency--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The head of each executive agency shall prescribe
regulations to carry out this subsection. The regulations
shall include provisions for the selection or designation of
appropriate representatives of employees referred to in
paragraph (2)(B) for purposes of consultation required by
paragraph (1).
``(c) Congressional Notification.--(1) Before commencing a
public-private competition under subsection (a), the head of
an executive agency shall submit to Congress a report
containing the following:
``(A) The function for which such public-private
competition is to be conducted.
``(B) The location at which the function is performed by
agency civilian employees.
``(C) The number of agency civilian employee positions
potentially affected.
``(D) The anticipated length and cost of the public-private
competition, and a specific identification of the budgetary
line item from which funds will be used to cover the cost of
the public-private competition.
``(E) A certification that a proposed performance of the
function by a contractor is not a result of a decision by an
official of an executive agency to impose predetermined
constraints or limitations on such employees in terms of man
years, end strengths, full-time equivalent positions, or
maximum number of employees.
``(2) The report required under paragraph (1) shall include
an examination of the potential economic effect of
performance of the function by a contractor on--
``(A) agency civilian employees who would be affected by
such a conversion in performance; and
``(B) the local community and the Government, if more than
50 agency civilian employees perform the function.
``(3)(A) A representative individual or entity at a
facility where a public-private competition is conducted may
submit to the head of the executive agency an objection to
the public private competition on the grounds that the report
required by paragraph (1) has not been submitted or that the
certification required by paragraph (1)(E) is not included in
the report submitted as a condition for the public private
competition. The objection shall be in writing and shall be
submitted within 90 days after the following date:
``(i) In the case of a failure to submit the report when
required, the date on which the representative individual or
an official of the representative entity authorized to pose
the objection first knew or should have known of that
failure.
``(ii) In the case of a failure to include the
certification in a submitted report, the date on which the
report was submitted to Congress.

[[Page S12309]]

``(B) If the head of the executive agency determines that
the report required by paragraph (1) was not submitted or
that the required certification was not included in the
submitted report, the function for which the public-private
competition was conducted for which the objection was
submitted may not be the subject of a solicitation of offers
for, or award of, a contract until, respectively, the report
is submitted or a report containing the certification in full
compliance with the certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services
of the Blind and Other Severely Handicapped Persons.--This
section shall not apply to a commercial or industrial type
function of an executive agency that--
``(1) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
``(2) is planned to be changed to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped persons in
accordance with that Act.
``(e) Inapplicability During War or Emergency.--The
provisions of this section shall not apply during war or
during a period of national emergency declared by the
President or Congress.''.
(b) Clerical Amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the
following new item:

``Sec. 43. Public-private competition required before conversion to
contractor performance.''.

SEC. 361. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT
EMPLOYEES.

(a) Guidelines.--
(1) In general.--The Under Secretary of Defense for
Personnel and Readiness shall prescribe guidelines and
procedures for ensuring that consideration is given to using
Federal Government employees on a regular basis for new work
and work that is performed under Department of Defense
contracts and could be performed by Federal Government
employees.
(2) Criteria.--The guidelines and procedures prescribed
under paragraph (1) shall provide for special consideration
to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) have been performed by a contractor pursuant to a
contract that was awarded on a noncompetitive basis, either a
contract for a function once performed by Federal employees
that was awarded without the conduct of a public-private
competition or a contract that was last awarded without the
conduct of an actual competition between contractors; or
(D) have been performed poorly by a contractor because of
excessive costs or inferior quality, as determined by a
contracting officer within the last five years.
(3) Deadline for issuance of guidelines.--The Secretary of
Defense shall implement the guidelines required under
paragraph (1) by not later than 60 days after the date of the
enactment of this Act.
(4) Establishment of contractor inventory.--The Secretary
of Defense shall establish an inventory of Department of
Defense contracts to determine which contracts meet the
criteria set forth in paragraph (2).
(b) New Requirements.--
(1) Limitation on requiring public-private competition.--No
public-private competition may be required for any Department
of Defense function before--
(A) the commencement of the performance by civilian
employees of the Department of Defense of a new Department of
Defense function;
(B) the commencement of the performance by civilian
employees of the Department of Defense of any Department of
Defense function described in subparagraphs (B) through (D)
of subsection (a)(2); or
(C) the expansion of the scope of any Department of Defense
function performed by civilian employees of the Department of
Defense.
(2) Consideration of federal government employees.--The
Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are
fairly considered for the performance of new requirements,
with special consideration given to new requirements that
include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October
1, 1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary may
use the flexible hiring authority available to the Secretary
under the National Security Personnel System, as established
pursuant to section 9902 of title 5, United States Code, to
facilitate the performance by civilian employees of the
Department of Defense of functions described in subsection
(b).
(d) Inspector General Report.--Not later than 180 days
after the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the compliance of the Secretary of Defense with the
requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270;
112 Stat. 2384; 31 U.S.C. 501 note).
(f) Conforming Repeal.--The National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is amended by
striking section 343.

SEC. 362. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET
INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC-
PRIVATE COMPETITIONS.

(a) Restriction on Office of Management and Budget.--The
Office of Management and Budget may not direct or require the
Secretary of Defense or the Secretary of a military
department to prepare for, undertake, continue, or complete a
public-private competition or direct conversion of a
Department of Defense function to performance by a contractor
under Office of Management and Budget Circular A-76, or any
other successor regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of
Defense or the Secretary of a military department may not
prepare for, undertake, continue, or complete a public-
private competition or direct conversion of a Department of
Defense function to performance by a contractor under Office
of Management and Budget Circular A-76, or any other
successor regulation, directive, or policy by reason of any
direction or requirement provided by the Office of Management
and Budget.

SEC. 363. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD
SPECIFIED IN PERFORMANCE AGREEMENT NOT
REQUIRED.

Section 2461(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) A military department or defense agency may not be
required to conduct a public-private competition under Office
of Management and Budget Circular A-76 or any other provision
of law at the end of the period specified in the performance
agreement entered into in accordance with this section for
any function of the Department of Defense performed by
Department of Defense civilian employees.''.
This section shall take effect one day after the date of
this bill's enactment.
______

SA 3110. Mr. REID (for Mr. Kennedy (for himself, Mrs. McCaskill, Mr.
Lieberman, Ms. Mikulski, Mr. Akaka, Mr. Brown, and Mr. Dodd)) submitted
an amendment intended to be proposed by Mr. Reid 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:

In lieu of the matter proposed to be inserted insert the
following:

SEC. 358. MODIFICATION TO PUBLIC-PRIVATE COMPETITION
REQUIREMENTS BEFORE CONVERSION TO CONTRACTOR
PERFORMANCE.

(a) Comparison of Retirement System Costs.--Section
2461(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) requires that the contractor shall not receive an
advantage for a proposal that would reduce costs for the
Department of Defense by--
``(i) not making an employer-sponsored health insurance
plan (or payment that could be used in lieu of such a plan),
health savings account, or medical savings account, available
to the workers who are to be employed to perform the function
under the contract;
``(ii) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than the
amount that is paid by the Department of Defense for health
benefits for civilian employees of the Department under
chapter 89 of title 5; or
``(iii) offering to such workers a retirement benefit that,
in any year, costs less than the annual retirement cost
factor applicable to civilian employees of the Department of
Defense under chapter 84 of title 5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b) through (d) as
subsections (c) through (e); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each
officer or employee of the Department of Defense responsible
for determining under Office of Management and

[[Page S12310]]

Budget Circular A-76 whether to convert to contractor
performance any function of the Department of Defense--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The Secretary of Defense shall prescribe regulations
to carry out this subsection. The regulations shall include
provisions for the selection or designation of appropriate
representatives of employees referred to in subparagraph (B)
for purposes of consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as
amended by subsection (a), is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after ``2003'' the
following: ``, or any successor circular''; and
(B) in subparagraph (D), by striking ``and reliability''
and inserting ``, reliability, and timeliness''; and
(2) in subsection (c)(2), as redesignated under subsection
(b)(2), by inserting ``of'' after ``examination''.

SEC. 359. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT BUDGET CIRCULAR A-76.

(a) Eligibility to Protest Public-Private Competitions.--
Section 3551(2) of title 31, United States Code, is amended
to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
with respect to the performance of an activity or function of
a Federal agency, or a decision to convert a function
performed by Federal employees to private sector performance
without a competition under Office of Management and Budget
Circular A-76, includes--
``(i) any official who submitted the agency tender in such
competition; and
``(ii) any one individual who, for the purpose of
representing the Federal employees engaged in the performance
of the activity or function for which the public-private
competition is conducted in a protest under this subchapter
that relates to such public-private competition, has been
designated as the agent of the Federal employees by a
majority of such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such title
is amended by adding at the end the following new section:

``SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-PRIVATE
COMPETITIONS.

``For any protest of a public-private competition conducted
under Office of Management and Budget Circular A-76 with
respect to the performance of an activity or function of a
Federal agency, the Comptroller General shall administer the
provisions of this subchapter in the manner best suited for
expediting the final resolution of the protest and the final
action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at the
beginning of such chapter is amended by inserting after the
item relating to section 3556 the following new item:

``3557. Expedited action in protests of public-private competitions.''.
(c) Right to Intervene in Civil Action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If an interested party who is a member of the private
sector commences an action described in paragraph (1) with
respect to a public-private competition conducted under
Office of Management and Budget Circular A-76 regarding the
performance of an activity or function of a Federal agency,
or a decision to convert a function performed by Federal
employees to private sector performance without a competition
under Office of Management and Budget Circular A-76, then an
interested party described in section 3551(2)(B) of title 31
shall be entitled to intervene in that action.''.
(d) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by subsection (a)),
and paragraph (5) of section 1491(b) of title 28, United
States Code (as added by subsection (c)), shall apply to--
(1) a protest or civil action that challenges final
selection of the source of performance of an activity or
function of a Federal agency that is made pursuant to a study
initiated under Office of Management and Budget Circular A-76
on or after January 1, 2004; and
(2) any other protest or civil action that relates to a
public-private competition initiated under Office of
Management and Budget Circular A-76, or to a decision to
convert a function performed by Federal employees to private
sector performance without a competition under Office of
Management and Budget Circular A-76, on or after the date of
the enactment of this Act.

SEC. 360. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

(a) In General.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end
the following new section:

``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

``(a) Public-Private Competition.--(1) A function of an
executive agency performed by 10 or more agency civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition that--
``(A) formally compares the cost of performance of the
function by agency civilian employees with the cost of
performance by a contractor;
``(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A-76, as implemented on May 29, 2003, or
any successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet the
needs of the executive agency with respect to factors other
than cost, including quality, reliability, and timeliness;
``(E) examines the cost of performance of the function by
agency civilian employees and the cost of performance of the
function by one or more contractors to demonstrate whether
converting to performance by a contractor will result in
savings to the Government over the life of the contract,
including--
``(i) the estimated cost to the Government (based on offers
received) for performance of the function by a contractor;
``(ii) the estimated cost to the Government for performance
of the function by agency civilian employees; and
``(iii) an estimate of all other costs and expenditures
that the Government would incur because of the award of such
a contract;
``(F) requires continued performance of the function by
agency civilian employees unless the difference in the cost
of performance of the function by a contractor compared to
the cost of performance of the function by agency civilian
employees would, over all performance periods required by the
solicitation, be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the function by
a contractor on the agency mission associated with the
performance of the function.
``(2) A function that is performed by the executive agency
and is reengineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient, but still
essentially provides the same service, shall not be
considered a new requirement.
``(3) In no case may a function being performed by
executive agency personnel be--
``(A) modified, reorganized, divided, or in any way changed
for the purpose of exempting the conversion of the function
from the requirements of this section; or
``(B) converted to performance by a contractor to
circumvent a civilian personnel ceiling.
``(b) Requirement to Consult Employees.--(1) Each civilian
employee of an executive agency responsible for determining
under Office of Management and Budget Circular A-76 whether
to convert to contractor performance any function of the
executive agency--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The head of each executive agency shall prescribe
regulations to carry out this subsection. The regulations
shall include provisions for the selection or designation of
appropriate representatives of employees referred to in
paragraph (2)(B) for purposes of consultation required by
paragraph (1).

[[Page S12311]]

``(c) Congressional Notification.--(1) Before commencing a
public-private competition under subsection (a), the head of
an executive agency shall submit to Congress a report
containing the following:
``(A) The function for which such public-private
competition is to be conducted.
``(B) The location at which the function is performed by
agency civilian employees.
``(C) The number of agency civilian employee positions
potentially affected.
``(D) The anticipated length and cost of the public-private
competition, and a specific identification of the budgetary
line item from which funds will be used to cover the cost of
the public-private competition.
``(E) A certification that a proposed performance of the
function by a contractor is not a result of a decision by an
official of an executive agency to impose predetermined
constraints or limitations on such employees in terms of man
years, end strengths, full-time equivalent positions, or
maximum number of employees.
``(2) The report required under paragraph (1) shall include
an examination of the potential economic effect of
performance of the function by a contractor on--
``(A) agency civilian employees who would be affected by
such a conversion in performance; and
``(B) the local community and the Government, if more than
50 agency civilian employees perform the function.
``(3)(A) A representative individual or entity at a
facility where a public-private competition is conducted may
submit to the head of the executive agency an objection to
the public private competition on the grounds that the report
required by paragraph (1) has not been submitted or that the
certification required by paragraph (1)(E) is not included in
the report submitted as a condition for the public private
competition. The objection shall be in writing and shall be
submitted within 90 days after the following date:
``(i) In the case of a failure to submit the report when
required, the date on which the representative individual or
an official of the representative entity authorized to pose
the objection first knew or should have known of that
failure.
``(ii) In the case of a failure to include the
certification in a submitted report, the date on which the
report was submitted to Congress.
``(B) If the head of the executive agency determines that
the report required by paragraph (1) was not submitted or
that the required certification was not included in the
submitted report, the function for which the public-private
competition was conducted for which the objection was
submitted may not be the subject of a solicitation of offers
for, or award of, a contract until, respectively, the report
is submitted or a report containing the certification in full
compliance with the certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services
of the Blind and Other Severely Handicapped Persons.--This
section shall not apply to a commercial or industrial type
function of an executive agency that--
``(1) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
``(2) is planned to be changed to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped persons in
accordance with that Act.
``(e) Inapplicability During War or Emergency.--The
provisions of this section shall not apply during war or
during a period of national emergency declared by the
President or Congress.''.
(b) Clerical Amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the
following new item:

``Sec. 43. Public-private competition required before conversion to
contractor performance.''.

SEC. 361. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT
EMPLOYEES.

(a) Guidelines.--
(1) In general.--The Under Secretary of Defense for
Personnel and Readiness shall prescribe guidelines and
procedures for ensuring that consideration is given to using
Federal Government employees on a regular basis for new work
and work that is performed under Department of Defense
contracts and could be performed by Federal Government
employees.
(2) Criteria.--The guidelines and procedures prescribed
under paragraph (1) shall provide for special consideration
to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) have been performed by a contractor pursuant to a
contract that was awarded on a noncompetitive basis, either a
contract for a function once performed by Federal employees
that was awarded without the conduct of a public-private
competition or a contract that was last awarded without the
conduct of an actual competition between contractors; or
(D) have been performed poorly by a contractor because of
excessive costs or inferior quality, as determined by a
contracting officer within the last five years.
(3) Deadline for issuance of guidelines.--The Secretary of
Defense shall implement the guidelines required under
paragraph (1) by not later than 60 days after the date of the
enactment of this Act.
(4) Establishment of contractor inventory.--The Secretary
of Defense shall establish an inventory of Department of
Defense contracts to determine which contracts meet the
criteria set forth in paragraph (2).
(b) New Requirements.--
(1) Limitation on requiring public-private competition.--No
public-private competition may be required for any Department
of Defense function before--
(A) the commencement of the performance by civilian
employees of the Department of Defense of a new Department of
Defense function;
(B) the commencement of the performance by civilian
employees of the Department of Defense of any Department of
Defense function described in subparagraphs (B) through (D)
of subsection (a)(2); or
(C) the expansion of the scope of any Department of Defense
function performed by civilian employees of the Department of
Defense.
(2) Consideration of federal government employees.--The
Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are
fairly considered for the performance of new requirements,
with special consideration given to new requirements that
include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October
1, 1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary may
use the flexible hiring authority available to the Secretary
under the National Security Personnel System, as established
pursuant to section 9902 of title 5, United States Code, to
facilitate the performance by civilian employees of the
Department of Defense of functions described in subsection
(b).
(d) Inspector General Report.--Not later than 180 days
after the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the compliance of the Secretary of Defense with the
requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270;
112 Stat. 2384; 31 U.S.C. 501 note).
(f) Conforming Repeal.--The National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is amended by
striking section 343.

SEC. 362. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET
INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC-
PRIVATE COMPETITIONS.

(a) Restriction on Office of Management and Budget.--The
Office of Management and Budget may not direct or require the
Secretary of Defense or the Secretary of a military
department to prepare for, undertake, continue, or complete a
public-private competition or direct conversion of a
Department of Defense function to performance by a contractor
under Office of Management and Budget Circular A-76, or any
other successor regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of
Defense or the Secretary of a military department may not
prepare for, undertake, continue, or complete a public-
private competition or direct conversion of a Department of
Defense function to performance by a contractor under Office
of Management and Budget Circular A-76, or any other
successor regulation, directive, or policy by reason of any
direction or requirement provided by the Office of Management
and Budget.

SEC. 363. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD
SPECIFIED IN PERFORMANCE AGREEMENT NOT
REQUIRED.

Section 2461(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) A military department or defense agency may not be
required to conduct a public-private competition under Office
of Management and Budget Circular A-76 or any other provision
of law at the end of the period specified in the performance
agreement entered into in accordance with this section for
any function of the Department of Defense performed by
Department of Defense civilian employees.''.
This section shall take effect 1 day after date of
enactment.
______

SA 3111. Mr. BROWN (for Mr. Harkin) proposed an amendment to the bill
H.R. 327, to amend title 38, United States Code, to direct the
Secretary of Veterans Affairs to develop and implement a comprehensive
program designed to reduce the incidence of suicide among veterans; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Joshua Omvig Veterans
Suicide Prevention Act''.

[[Page S12312]]

SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) suicide among veterans suffering from post-traumatic
stress disorder (in this section referred to as ``PTSD'') is
a serious problem; and
(2) the Secretary of Veterans Affairs should take into
consideration the special needs of veterans suffering from
PTSD and the special needs of elderly veterans who are at
high risk for depression and experience high rates of suicide
in developing and implementing the comprehensive program
under this Act.

SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG
VETERANS.

(a) In General.--
(1) Comprehensive program for suicide prevention among
veterans.--Chapter 17 of title 38, United States Code, is
amended by adding at the end the following new section:

``Sec. 1720F. Comprehensive program for suicide prevention
among veterans

``(a) Establishment.--The Secretary shall develop and carry
out a comprehensive program designed to reduce the incidence
of suicide among veterans incorporating the components
described in this section.
``(b) Staff Education.--In carrying out the comprehensive
program under this section, the Secretary shall provide for
mandatory training for appropriate staff and contractors
(including all medical personnel) of the Department who
interact with veterans. This training shall cover information
appropriate to the duties being performed by such staff and
contractors. The training shall include information on--
``(1) recognizing risk factors for suicide;
``(2) proper protocols for responding to crisis situations
involving veterans who may be at high risk for suicide; and
``(3) best practices for suicide prevention.
``(c) Health Assessments of Veterans.--In carrying out the
comprehensive program, the Secretary shall direct that
medical staff offer mental health in their overall health
assessment when veterans seek medical care at a Department
medical facility (including a center established under
section 1712A of this title) and make referrals, at the
request of the veteran concerned, to appropriate counseling
and treatment programs for veterans who show signs or
symptoms of mental health problems.
``(d) Designation of Suicide Prevention Counselors.--In
carrying out the comprehensive program, the Secretary shall
designate a suicide prevention counselor at each Department
medical facility other than centers established under section
1712A of this title. Each counselor shall work with local
emergency rooms, police departments, mental health
organizations, and veterans service organizations to engage
in outreach to veterans and improve the coordination of
mental health care to veterans.
``(e) Best Practices Research.--In carrying out the
comprehensive program, the Secretary shall provide for
research on best practices for suicide prevention among
veterans. Research shall be conducted under this subsection
in consultation with the heads of the following entities:
``(1) The Department of Health and Human Services.
``(2) The National Institute of Mental Health.
``(3) The Substance Abuse and Mental Health Services
Administration.
``(4) The Centers for Disease Control and Prevention.
``(f) Sexual Trauma Research.--In carrying out the
comprehensive program, the Secretary shall provide for
research on mental health care for veterans who have
experienced sexual trauma while in military service. The
research design shall include consideration of veterans of a
reserve component.
``(g) 24-Hour Mental Health Care.--In carrying out the
comprehensive program, the Secretary shall provide for mental
health care availability to veterans on a 24-hour basis.
``(h) Hotline.--In carrying out the comprehensive program,
the Secretary may provide for a toll-free hotline for
veterans to be staffed by appropriately trained mental health
personnel and available at all times.
``(i) Outreach and Education for Veterans and Families.--In
carrying out the comprehensive program, the Secretary shall
provide for outreach to and education for veterans and the
families of veterans, with special emphasis on providing
information to veterans of Operation Iraqi Freedom and
Operation Enduring Freedom and the families of such veterans.
Education to promote mental health shall include information
designed to--
``(1) remove the stigma associated with mental illness;
``(2) encourage veterans to seek treatment and assistance
for mental illness;
``(3) promote skills for coping with mental illness; and
``(4) help families of veterans with--
``(A) understanding issues arising from the readjustment of
veterans to civilian life;
``(B) identifying signs and symptoms of mental illness; and
``(C) encouraging veterans to seek assistance for mental
illness.
``(j) Peer Support Counseling Program.--(1) In carrying out
the comprehensive program, the Secretary may establish and
carry out a peer support counseling program, under which
veterans shall be permitted to volunteer as peer counselors--
``(A) to assist other veterans with issues related to
mental health and readjustment; and
``(B) to conduct outreach to veterans and the families of
veterans.
``(2) In carrying out the peer support counseling program
under this subsection, the Secretary shall provide adequate
training for peer counselors.
``(k) Other Components.--In carrying out the comprehensive
program, the Secretary may provide for other actions to
reduce the incidence of suicide among veterans that the
Secretary considers appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``1720F. Comprehensive program for suicide prevention among
veterans.''.
(b) Report to Congress.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a report on the
comprehensive program under section 1720F of title 38, United
States Code, as added by subsection (a).
(2) Contents of report.--The report shall contain the
following:
(A) Information on the status of the implementation of such
program.
(B) Information on the time line and costs for complete
implementation of the program within two years.
(C) A plan for additional programs and activities designed
to reduce the occurrence of suicide among veterans.
(D) Recommendations for further legislation or
administrative action that the Secretary considers
appropriate to improve suicide prevention programs within the
Department of Veterans Affairs.

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