[Congressional Record Volume 152, Number 76 (Wednesday, June 14, 2006)]
[Senate]
[Pages S5880-S5895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4221. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 375. REDUCTION IN PETROLEUM CONSUMPTION BY THE 
                   DEPARTMENT OF DEFENSE VEHICLE FLEET.

       (a) Reduction Required.--The Secretary of Defense shall 
     take appropriate actions to ensure that the amount of 
     petroleum consumed in fiscal year 2009 by the vehicle fleets 
     of the Department of Defense that are subject to the 
     provisions of section 400AA of the Energy Policy and 
     Conservation Act (42 U.S.C. 6374) is at least 10 percent less 
     than the amount of petroleum consumed in fiscal year 2005 by 
     such vehicle fleets.
       (b) Achievement of Reduction.--The Secretary may achieve 
     the reduction required by subsection (a) by any mechanism as 
     follows:
       (1) Through the use of alternative fuels.
       (2) Through the acquisition of vehicles with better fuel 
     economy, including hybrid vehicles.
       (3) Through the substitution of cars for light trucks.
       (4) Through an increase in vehicle load factors.
       (5) Through a decrease in vehicle miles traveled.
       (6) Through a decrease in fleet size.
       (7) Through any other mechanism that the Secretary 
     considers appropriate.
       (c) Pilot Programs Authorized.--The Secretary may carry out 
     one or more pilot programs to assess the feasability and 
     advisability of utilizing any mechanism specified in 
     subsection (b), and any other mechanism, to achieve the 
     reduction required by subsection (a).
       (d) Reports.--Not later than December 31 of each of 2007, 
     2008, and 2009, the Secretary shall submit to the 
     congressional defense committees a report on the actions 
     taken during the preceding fiscal year to meet the reduction 
     required by subsection (a). Each report shall, for the fiscal 
     year covered by such report, set forth the following:
       (1) A description of the actions taken.
       (2) An assessment of the effectiveness of such actions in 
     meeting the reduction.
       (3) An assessment of the progress of the Department toward 
     meeting the reduction.
                                 ______
                                 
  SA 4222. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 375. UTILIZATION OF FUEL CELLS AS BACK-UP POWER SYSTEMS 
                   IN DEPARTMENT OF DEFENSE OPERATIONS.

       The Secretary of Defense shall consider the utilization of 
     fuel cells as replacements for current back-up power systems 
     in a variety of Department of Defense operations and 
     activities, including in telecommunications networks, 
     perimeter security, and remote facilities, in order to 
     increase the operational longevity of back-up power systems 
     and stand-by power systems in such operations and activities.
                                 ______
                                 
  SA 4223. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. 352. REPORT ON MECHANISMS TO REDUCE PETROLEUM 
                   CONSUMPTION IN DEPARTMENT OF DEFENSE 
                   OPERATIONS.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on actions (whether or not 
     currently authorized by law) to be taken to achieve 
     reductions in petroleum consumption in the operations and 
     activities of the Department of Defense, including in the 
     operation of military vehicles, vessels, and aircraft.
       (b) Actions Requiring Additional Authority.--In the event 
     an action set forth in the report required by subsection (a) 
     cannot be taken without additional authority in law, the 
     report shall include such recommendations for legislative 
     action as the Secretary considers appropriate to provide 
     adequate authority for such action.
                                 ______
                                 
  SA 4224. Mr. OBAMA (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed by him to the bill S. 2766, to authorize 
appropriations for fiscal year 2007 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 267, beginning on line 24, insert after ``mental 
     health'' the following: ``(including Traumatic Brain Injury 
     (TBI))''.
       On page 268, line 13, insert ``(including Traumatic Brain 
     Injury)'' after ``mental health''.
                                 ______
                                 
  SA 4225. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year

[[Page S5881]]

for the Armed Forces, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of division C, add the following new title:

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

     SEC. 3301. TRANSFER OF GOVERNMENT-FURNISHED URANIUM STORED AT 
                   SEQUOYAH FUELS CORPORATION, GORE, OKLAHOMA.

       (a) Transport and Disposal.--Not later than March 31, 2007, 
     the Secretary of the Army shall, subject to subsection (c), 
     transport to an authorized disposal facility for appropriate 
     disposal all of the Federal Government-furnished uranium in 
     the chemical and physical form in which it is stored at the 
     Sequoyah Fuels Corporation site in Gore, Oklahoma.
       (b) Source of Funds.--Funds authorized to be appropriated 
     by section 301(1) for the Army for operation and maintenance 
     may be used for the transport and disposal required under 
     subsection (a).
       (c) Liability.--The Secretary may only transport uranium 
     under subsection (a) after receiving from Sequoyah Fuels 
     Corporation a written agreement satisfactory to the Secretary 
     that provides that--
       (1) the United States assumes no liability, legal or 
     otherwise, of Sequoyah Fuels Corporation by transporting such 
     uranium; and
       (2) the Sequoyah Fuels Corporation waives any and all 
     claims it may have against the United States related to the 
     transported uranium.
                                 ______
                                 
  SA 4226. Mr. GRAHAM (for himself and Mr. Kerry) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM CODE OF 
                   MILITARY JUSTICE DURING A TIME OF WAR.

       Paragraph (10) of section 802(a) of title 10, United States 
     Code (article 2(a) of the Uniform Code of Military Justice), 
     is amended by striking ``war'' and inserting ``declared war 
     or a contingency operation''.
                                 ______
                                 
  SA 4227. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1084. MAINTENANCE OF TROOPS STRENGTHS AND EQUIPMENT OF 
                   THE NATIONAL GUARD AND RESERVES PENDING REPORT 
                   OF THE COMMISSION ON THE NATIONAL GUARD AND 
                   RESERVES.

       (a) In General.--Notwithstanding any other provision of 
     law, no action described in subsection (b) may be taken until 
     90 days after the date of the submittal to Congress of the 
     final report of the Commission on the National Guard and 
     Reserves under section 513 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005.
       (b) Covered Actions.--An action described in this section 
     is an action as follows:
       (1) To reduce the strength levels of personnel of the 
     reserve components of the Armed Forces.
       (2) To disestablish any hardware unit of a reserve 
     component of the Armed Forces.
       (3) To reduce the equipment available to the reserve 
     components of the Armed Forces for training.
                                 ______
                                 
  SA 4228. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 587. COMPREHENSIVE REVIEW ON PROCEDURES OF THE 
                   DEPARTMENT OF DEFENSE ON MORTUARY AFFAIRS.

       (a) Report.--As soon as practicable after the completion of 
     the comprehensive review of the procedures of the Department 
     of Defense on mortuary affairs, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the review.
       (b) Additional Elements.--In conducting the comprehensive 
     review described in subsection (a), the Secretary shall also 
     address, in addition to any other matters covered by the 
     review, the following:
       (1) The utilization of additional or increased 
     refrigeration (including icing) in combat theaters in order 
     to enhance preservation of remains.
       (2) The relocation of refrigeration assets further forward 
     in the field.
       (3) Specific time standards for the movement of remains 
     from combat units.
       (4) The forward location of autopsy and embalming 
     operations.
       (5) Any other matters that the Secretary considers 
     appropriate in order to speed the return of remains to the 
     United States in a non-decomposed state.
       (c) Additional Element of Policy on Casualty Assistance to 
     Survivors of Military Decedents.--Section 562(b) of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3267; 10 U.S.C. 1475 note) is 
     amended by adding at the end the following new paragraph:
       ``(12) The process by which the Department of Defense, upon 
     request, briefs survivors of military decedents on the cause 
     of, and any investigation into, the death of such military 
     decedents and on the disposition and transportation of the 
     remains of such decedents, which process shall--
       ``(A) provide for the provision of such briefings by fully 
     qualified Department personnel;
       ``(B) ensure briefings take place as soon as possible after 
     death and updates are provided in a timely manner when new 
     information becomes available;
       ``(C) ensure that--
       ``(i) such briefings and updates relate the most complete 
     and accurate information available at the time of such 
     briefings or updates, as the case may be; and
       ``(ii) incomplete or unverified information is identified 
     as such during the course of such briefings or updates; and
       ``(D) include procedures by which such survivors shall, 
     upon request, receive updates or supplemental information on 
     such briefings or updates from qualified Department 
     personnel.''.
                                 ______
                                 
  SA 4229. Mr. CHAMBLISS (for himself and Mr. Talent) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, 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. 352. STUDIES ON USE OF BIODIESEL, ETHANOL, AND OTHER 
                   ALTERNATIVE FUELS.

       (a) Study on Use for Forward Deployed and Tactical 
     Purposes.--The Secretary of Defense shall conduct a review 
     and assessment of potential requirements of the Armed Forces 
     and the Defense Agencies for increased use of biodiesel, 
     ethanol fuel, and other alternative fuels for forward 
     deployed uses and tactical uses, including any research and 
     development efforts required to meet such increased 
     requirements.
       (b) Study on Use of Other Alternative Fuels for Military 
     Purposes.--The Secretary shall also conduct a study of the 
     potential use of alternative fuels (other than biodiesel and 
     ethanol fuel) by the Armed Forces and the Defense Agencies 
     that addresses each matter set forth in paragraph (1) and 
     paragraphs (3) through (7) of section 357(b) of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 119 Stat. 3207) with respect to such alternative 
     fuels (rather than the fuels specified in such paragraphs).
       (c) Construction With Other Study.--The studies required by 
     this section are in addition to the study required by section 
     357(a) of the National Defense Authorization Act for Fiscal 
     Year 2006.
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the studies conducted under this section.
       (e) Definitions.--In this section:
       (1) The term ``biodiesel'' has the meaning given that term 
     in section 357(d)(2) of the National Defense Authorization 
     Act for Fiscal Year 2006.
       (2) The term ``ethanol fuel'' includes the following:
       (A) Fuel that is 85 percent ethyl alcohol.
       (B) Fuel that has a lower concentration of ethyl alcohol, 
     such as 10 percent ethyl alcohol blend fuel.
                                 ______
                                 
  SA 4230. Mr. DORGAN (for himself, Mr. Bingaman, Mrs. Boxer, Mr. 
Dayton, Mr. Feingold, Mr. Johnson, Mr. Kerry, Mr. Kohl, Mr. Lautenberg, 
Mr. Leahy, Ms. Mikulski, Mr. Nelson of Florida, Mr. Pryor, Mr. Reid, 
Mr. Harkin, Mr. Wyden, Mr. Kennedy, and Mrs. Clinton) proposed an 
amendment to the bill S. 2766, to authorize appropriations for fiscal 
year 2007 for military activities of the Department of Defense, for 
military construction, and

[[Page S5882]]

for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the end of division A, add the following:

        TITLE XV--ELIMINATION OF FRAUD IN GOVERNMENT CONTRACTING

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Honest Leadership and 
     Accountability in Contracting Act of 2006''.

               Subtitle A--Elimination of Fraud and Abuse

     SEC. 1511. PROHIBITION OF WAR PROFITEERING AND FRAUD.

       (a) Prohibition.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1039. War profiteering and fraud

       ``(a) Prohibition.--
       ``(1) In general.--Whoever, in any matter involving a 
     contract or the provision of goods or services, directly or 
     indirectly, in connection with a war or military action 
     knowingly and willfully--
       ``(A) executes or attempts to execute a scheme or artifice 
     to defraud the United States or the entity having 
     jurisdiction over the area in which such activities occur;
       ``(B) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(C) makes any materially false, fictitious, or fraudulent 
     statements or representations, or makes or uses any 
     materially false writing or document knowing the same to 
     contain any materially false, fictitious, or fraudulent 
     statement or entry; or
       ``(D) materially overvalues any good or service with the 
     specific intent to excessively profit from the war or 
     military action;

     shall be fined under paragraph (2), imprisoned not more than 
     20 years, or both.
       ``(2) Fine.--A person convicted of an offense under 
     paragraph (1) may be fined the greater of--
       ``(A) $1,000,000; or
       ``(B) if such person derives profits or other proceeds from 
     the offense, not more than twice the gross profits or other 
     proceeds.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Clerical amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:

``1039. War profiteering and fraud.''.

       (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, 
     United States Code, is amended by inserting ``1039,'' after 
     ``1032,''.
       (c) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1039''.
       (d) Treatment Under Money Laundering Offense.--Section 
     1956(c)(7)(D) of title 18, United States Code, is amended by 
     inserting the following: ``, section 1039 (relating to war 
     profiteering and fraud)'' after ``liquidating agent of 
     financial institution),''.

     SEC. 1512. SUSPENSION AND DEBARMENT OF UNETHICAL CONTRACTORS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulation 
     issued pursuant to section 25 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 421) shall be revised to 
     provide that no prospective contractor shall be considered to 
     have a satisfactory record of integrity and business ethics 
     if it--
       (1) has exhibited a pattern of overcharging the Government 
     under Federal contracts; or
       (2) has exhibited a pattern of failing to comply with the 
     law, including tax, labor and employment, environmental, 
     antitrust, and consumer protection laws.
       (b) Effective Date.--The revised regulation required by 
     this section shall apply with respect to all contracts for 
     which solicitations are issued after the date that is 90 days 
     after the date of the enactment of this Act.

     SEC. 1513. DISCLOSURE OF AUDIT REPORTS.

       (a) Disclosure of Information to Congress.--
       (1) In general.--The head of each executive agency shall 
     maintain a list of audit reports issued by the agency during 
     the current and previous calendar years that--
       (A) describe significant contractor costs that have been 
     identified as unjustified, unsupported, questioned, or 
     unreasonable under any contract, task or delivery order, or 
     subcontract; or
       (B) identify significant or substantial deficiencies in any 
     business system of any contractor under any contract, task or 
     delivery order, or subcontract.
       (2) Submission of individual audits.--The head of each 
     executive agency shall provide, within 14 days of a request 
     in writing by the chairman or ranking member of a committee 
     of jurisdiction, a full and unredacted copy of--
       (A) the current version of the list maintained pursuant to 
     paragraph (1); or
       (B) any audit or other report identified on such list.
       (b) Publication of Information on Federal Contractor 
     Penalties and Violations.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Procurement Data 
     System shall be modified to include--
       (A) information on instances in which any major contractor 
     has been fined, paid penalties or restitution, settled, plead 
     guilty to, or had judgments entered against it in connection 
     with allegations of improper conduct; and
       (B) information on all sole source contract awards in 
     excess of $2,000,000 entered into by an executive agency.
       (2) Publicly available website.--The information required 
     by paragraph (1) shall be made available through the publicly 
     available website of the Federal Procurement Data System.

                      Subtitle B--Contract Matters

                   Part 1--Competition in Contracting

     SEC. 1521. PROHIBITION ON AWARD OF MONOPOLY CONTRACTS.

       (a) Civilian Agency Contracts.--Section 303H(d) of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253h(d)) is amended by adding at the end the following 
     new paragraph:
       ``(4)(A) No task or delivery order contract in an amount 
     estimated to exceed $100,000,000 (including all options) may 
     be awarded to a single contractor unless the head of the 
     agency determines in writing that--
       ``(i) because of the size, scope, or method of performance 
     of the requirement, it would not be practical to award 
     multiple task or delivery order contracts;
       ``(ii) the task orders expected under the contract are so 
     integrally related that only a single contractor can 
     reasonably perform the work; or
       ``(iii) for any other reason, it is necessary in the public 
     interest to award the contract to a single contractor.
       ``(B) The head of the agency shall notify Congress within 
     30 days of any determination under subparagraph (A)(iii).''.
       (b) Defense Contracts.--Section 2304a(d) of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(4)(A) No task or delivery order contract in an amount 
     estimated to exceed $100,000,000 (including all options) may 
     be awarded to a single contractor unless the head of the 
     agency determines in writing that--
       ``(i) because of the size, scope, or method of performance 
     of the requirement, it would not be practical to award 
     multiple task or delivery order contracts;
       ``(ii) the task orders expected under the contract are so 
     integrally related that only a single contractor can 
     reasonably perform the work; or
       ``(iii) for any other reason, it is necessary in the public 
     interest to award the contract to a single contractor.
       ``(B) The head of the agency shall notify Congress within 
     30 days of any determination under subparagraph (A)(iii).''.

     SEC. 1522. COMPETITION IN MULTIPLE AWARD CONTRACTS.

       (a) Regulations Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be revised to require 
     competition in the purchase of goods and services by each 
     executive agency pursuant to multiple award contracts.
       (b) Content of Regulations.--(1) The regulations required 
     by subsection (a) shall provide, at a minimum, that each 
     individual purchase of goods or services in excess of 
     $1,000,000 that is made under a multiple award contract shall 
     be made on a competitive basis unless a contracting officer 
     of the executive agency--
       (A) waives the requirement on the basis of a determination 
     that--
       (i) one of the circumstances described in paragraphs (1) 
     through (4) of section 303J(b) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253j(b)) 
     applies to such individual purchase; or
       (ii) a statute expressly authorizes or requires that the 
     purchase be made from a specified source; and
       (B) justifies the determination in writing.
       (2) For purposes of this subsection, an individual purchase 
     of goods or services is made on a competitive basis only if 
     it is made pursuant to procedures that--
       (A) require fair notice of the intent to make that purchase 
     (including a description of the work to be performed and the 
     basis on which the selection will be made) to be provided to 
     all contractors offering such goods or services under the 
     multiple award contract; and
       (B) afford all contractors responding to the notice a fair 
     opportunity to make an offer and have that offer fairly 
     considered by the official making the purchase.
       (3) Notwithstanding paragraph (2), notice may be provided 
     to fewer than all contractors offering such goods or services 
     under a multiple award contract described in subsection 
     (c)(2)(A) if notice is provided to as many contractors as 
     practicable.
       (4) A purchase may not be made pursuant to a notice that is 
     provided to fewer than all contractors under paragraph (3) 
     unless--
       (A) offers were received from at least three qualified 
     contractors; or
       (B) a contracting officer of the executive agency 
     determines in writing that no additional qualified 
     contractors were able to be identified despite reasonable 
     efforts to do so.
       (c) Definitions.--In this section:

[[Page S5883]]

       (1) The term ``individual purchase'' means a task order, 
     delivery order, or other purchase.
       (2) The term ``multiple award contract'' means--
       (A) a contract that is entered into by the Administrator of 
     General Services under the multiple award schedule program 
     referred to in section 309(b)(3) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 259(b)(3));
       (B) a multiple award task order contract that is entered 
     into under the authority of sections 2304a through 2304d of 
     title 10, United States Code, or sections 303H through 303K 
     of the Federal Property and Administrative Services Act of 
     1949 (41 U.S.C. 253h through 253k); and
       (C) any other indefinite delivery, indefinite quantity 
     contract that is entered into by the head of an executive 
     agency with two or more sources pursuant to the same 
     solicitation.
       (d) Applicability.--The revisions to the Federal 
     Acquisition Regulation pursuant to subsection (a) shall take 
     effect not later than 180 days after the date of the 
     enactment of this Act, and shall apply to all individual 
     purchases of goods or services that are made under multiple 
     award contracts on or after the effective date, without 
     regard to whether the multiple award contracts were entered 
     into before, on, or after such effective date.
       (e) Conforming Amendments to Defense Contract Provision.--
     Section 803 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2304 note) is 
     amended as follows:
       (1) Goods covered.--(A) The section heading is amended by 
     inserting ``GOODS OR'' before ``SERVICES''.
       (B) Subsection (a) is amended by inserting ``goods and'' 
     before ``services''.
       (C) The following provisions are amended by inserting 
     ``goods or'' before ``services'' each place it appears:
       (i) Paragraphs (1), (2), and (3) of subsection (b).
       (ii) Subsection (d).
       (D) Such section is amended by adding at the end the 
     following new subsection:
       ``(e) Applicability to Goods.--The Secretary shall revise 
     the regulations promulgated pursuant to subsection (a) to 
     cover purchases of goods by the Department of Defense 
     pursuant to multiple award contracts. The revised regulations 
     shall take effect in final form not later than 180 days after 
     the date of the enactment of this subsection and shall apply 
     to all individual purchases of goods that are made under 
     multiple award contracts on or after the effective date, 
     without regard to whether the multiple award contracts were 
     entered into before, on, or after such effective date.''.
       (f) Protest Rights for Certain Awards.--
       (1) Civilian agency contracts.--Section 303J(d) of the 
     Federal Property and Administrative Services Act (41 U.S.C. 
     253j(d)) is amended by inserting ``with a value of less than 
     $500,000'' after ``task or delivery order''.
       (2) Defense contracts.--Section 2304c(d) of title 10, 
     United States Code, is amended by inserting ``with a value of 
     less than $500,000'' after ``task or delivery order''.

                   Part 2--Contract Personnel Matters

     SEC. 1531. CONTRACTOR CONFLICTS OF INTEREST.

       (a) Prohibition on Contracts Relating to Inherently 
     Governmental Functions.--The head of an agency may not enter 
     into a contract for the performance of any inherently 
     governmental function.
       (b) Prohibition on Contracts for Contract Oversight.--
       (1) Prohibition.--The head of an agency may not enter into 
     a contract for the performance of acquisition functions 
     closely associated with inherently governmental functions 
     with any entity unless the head of the agency determines in 
     writing that--
       (A) neither that entity nor any related entity will be 
     responsible for performing any of the work under a contract 
     which the entity will help plan, evaluate, select a source, 
     manage or oversee; and
       (B) the agency has taken appropriate steps to prevent or 
     mitigate any organizational conflict of interest that may 
     arise because the entity--
       (i) has a separate ongoing business relationship, such as a 
     joint venture or contract, with any of the contractors to be 
     overseen;
       (ii) would be placed in a position to affect the value or 
     performance of work it or any related entity is doing under 
     any other Government contract;
       (iii) has a reverse role with the contractor to be overseen 
     under one or more separate Government contracts; or
       (iv) has some other relationship with the contractor to be 
     overseen that could reasonably appear to bias the 
     contractor's judgment.
       (2) Related entity defined.--In this subsection, the term 
     ``related entity'', with respect to a contractor, means any 
     subsidiary, parent, affiliate, joint venture, or other entity 
     related to the contractor.
       (c) Definitions.--In this section:
       (1) The term ``inherently governmental functions'' has the 
     meaning given to such term in part 7.5 of the Federal 
     Acquisition Regulation.
       (2) The term ``functions closely associated with 
     governmental functions'' means the functions described in 
     section 7.503(d) of the Federal Acquisition Regulation.
       (3) The term ``organizational conflict of interest'' has 
     the meaning given such term in part 9.5 of the Federal 
     Acquisition Regulation.
       (d) Effective Date and Applicability.--This section shall 
     take effect on the date of the enactment of this Act and 
     shall apply to--
       (1) contracts entered into on or after such date;
       (2) any task or delivery order issued on or after such date 
     under a contract entered into before, on, or after such date; 
     and
       (3) any decision on or after such date to exercise an 
     option or otherwise extend a contract for the performance of 
     a function relating to contract oversight regardless of 
     whether such contract was entered into before, on, or after 
     such date.

     SEC. 1532. ELIMINATION OF REVOLVING DOOR BETWEEN FEDERAL 
                   PERSONNEL AND CONTRACTORS.

       (a) Elimination of Loopholes Allowing Former Federal 
     Officials To Accept Compensation From Contractors or Related 
     Entities.--
       (1) In general.--Paragraph (1) of subsection (d) of section 
     27 of the Office of Federal Procurement Policy Act (41 U.S.C. 
     423) is amended--
       (A) by striking ``or consultant'' and inserting 
     ``consultant, lawyer, or lobbyist'';
       (B) by striking ``one year'' and inserting ``two years''; 
     and
       (C) in subparagraph (C), by striking ``personally made for 
     the Federal agency--'' and inserting ``participated 
     personally and substantially in--''.
       (2) Definition.--Paragraph (2) of such subsection is 
     amended to read as follows:
       ``(2) For purposes of paragraph (1), the term `contractor' 
     includes any division, affiliate, subsidiary, parent, joint 
     venture, or other related entity of a contractor.''.
       (b) Prohibition on Award of Government Contracts to Former 
     Employers.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(i) Prohibition on Involvement by Certain Former 
     Contractor Employees in Procurements.--A former employee of a 
     contractor who becomes an employee of the Federal Government 
     shall not be personally and substantially involved with any 
     Federal agency procurement involving the employee's former 
     employer, including any division, affiliate, subsidiary, 
     parent, joint venture, or other related entity of the former 
     employer, for a period of two years beginning on the date on 
     which the employee leaves the employment of the contractor 
     unless the designated agency ethics officer for the agency 
     determines in writing that the government's interest in the 
     former employee's participation in a particular procurement 
     outweighs any appearance of impropriety.''.
       (c) Requirement for Federal Procurement Officers To 
     Disclose Job Offers Made to Relatives.--Subsection (c)(1) of 
     such section is amended by inserting after ``that official'' 
     the following: ``, or for a relative of that official (as 
     defined in section 3110 of title 5, United States Code),''.
       (d) Additional Criminal Penalties.--Paragraph (1) of 
     subsection (e) of such section is amended to read as follows:
       ``(1) Criminal penalties.--Whoever engages in conduct 
     constituting a violation of--
       ``(A) subsection (a) or (b) for the purpose of either--
       ``(i) exchanging the information covered by such subsection 
     for anything of value, or
       ``(ii) obtaining or giving anyone a competitive advantage 
     in the award of a Federal agency procurement contract; or
       ``(B) subsection (c) or (d);

     shall be imprisoned for not more than 5 years, fined as 
     provided under title 18, Untied States Code, or both.''.
       (e) Regulations.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(j) Regulations.--The Director of the Office of 
     Government Ethics, in consultation with the Administrator, 
     shall--
       ``(1) promulgate regulations to carry out and ensure the 
     enforcement of this section; and
       ``(2) monitor and investigate individual and agency 
     compliance with this section.''.

                  Subtitle C--Other Personnel Matters

     SEC. 1541. MINIMUM REQUIREMENTS FOR POLITICAL APPOINTEES 
                   HOLDING PUBLIC CONTRACTING AND SAFETY 
                   POSITIONS.

       (a) In General.--A position specified in subsection (b) may 
     not be held by any political appointee who does not meet the 
     requirements of subsection (c).
       (b) Specified Positions.--A position specified in this 
     subsection is any position as follows:
       (1) A public contracting position.
       (2) A public safety position.
       (c) Minimum Requirements.--An individual shall not, with 
     respect to any position, be considered to meet the 
     requirements of this subsection unless such individual--
       (1) has academic, management, and leadership credentials in 
     one or more areas relevant to such position;
       (2) has a superior record of achievement in one or more 
     areas relevant to such position;
       (3) has training and expertise in one or more areas 
     relevant to such position; and
       (4) has not, within the 2-year period ending on the date of 
     such individual's nomination for or appointment to such 
     position, been a lobbyist for any entity or other client that 
     is subject to the authority of the agency within which, if 
     appointed, such individual would serve.
       (d) Political Appointee.--For purposes of this section, the 
     term ``political appointee'' means any individual who--

[[Page S5884]]

       (1) is employed in a position listed in sections 5312 
     through 5316 of title 5, United States Code (relating to the 
     Executive Schedule);
       (2) is a limited term appointee, limited emergency 
     appointee, or noncareer appointee in the Senior Executive 
     Service; or
       (3) is employed in the executive branch of the Government 
     in a position which has been excepted from the competitive 
     service by reason of its policy-determining, policy-making, 
     or policy-advocating character.
       (e) Public Contracting Position.--For purposes of this 
     section, the term ``public contracting position'' means the 
     following:
       (1) The Administrator for Federal Procurement Policy.
       (2) The Administrator of the General Services 
     Administration.
       (3) The Chief Acquisition Officer of any executive agency, 
     as appointed or designated pursuant to section 16 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 414).
       (4) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       (5) Any position (not otherwise identified under any of the 
     preceding provisions of this subsection) a primary function 
     of which involves government procurement and procurement 
     policy, as identified by the head of each employing agency in 
     consultation with the Office of Personnel Management.
       (f) Public Safety Position.--For purposes of this section, 
     the term ``public safety position'' means the following:
       (1) The Under Secretary for Emergency Preparedness and 
     Response, Department of Homeland Security.
       (2) The Director of the Federal Emergency Management 
     Agency, Department of Homeland Security.
       (3) Each regional director of the Federal Emergency 
     Management Agency, Department of Homeland Security.
       (4) The Recovery Division Director of the Federal Emergency 
     Management Agency, Department of Homeland Security.
       (5) The Assistant Secretary for Immigration and Customs 
     Enforcement, Department of Homeland Security.
       (6) The Assistant Secretary for Public Health Emergency 
     Preparedness, Department of Health and Human Services.
       (7) The Assistant Administrator for Solid Waste and 
     Emergency Response, Environmental Protection Agency.
       (8) Any position (not otherwise identified under any of the 
     preceding provisions of this subsection) a primary function 
     of which involves responding to a direct threat to life or 
     property or a hazard to health, as identified by the head of 
     each employing agency in consultation with the Office of 
     Personnel Management.
       (g) Publication of Positions.--Beginning not later than 30 
     days after the date of the enactment of this Act, the head of 
     each agency shall maintain on such agency's public website a 
     current list of all public contracting positions and public 
     safety positions within such agency.
       (h) Coordination With Other Requirements.--The requirements 
     set forth in subsection (c) shall be in addition to, and not 
     in lieu of, any requirements that might otherwise apply with 
     respect to any particular position.
       (i) Definitions.--In this section:
       (1) The term ``agency'' means an Executive agency (as 
     defined by section 105 of title 5, United States Code).
       (2) The terms ``limited term appointee'', ``limited 
     emergency appointee'', and ``noncareer appointee'' have the 
     meanings given such terms in section 3132 of title 5, United 
     States Code.
       (3) The term ``Senior Executive Service'' has the meaning 
     given such term by section 2101a of title 5, United States 
     Code.
       (4) The term ``competitive service'' has the meaning given 
     such term by section 2102 of title 5, United States Code.
       (5) The terms ``lobbyist'' and ``client'' have the 
     respective meanings given them by section 3 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602).
       (j) Conforming Amendment.--Section 16(a) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 414(a)) is amended 
     by striking ``non-career employee as''.

     SEC. 1542. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION 
                   BY FEDERAL EMPLOYEES.

       (a) Clarification of Disclosures Covered.--Section 
     2302(b)(8) of title 5, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation'';
       (2) in subparagraph (B)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, of information that the employee or 
     applicant reasonably believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation (other than a violation of this 
     section)''; and
       (3) by adding at the end the following:
       ``(C) any disclosure that--
       ``(i) is made by an employee or applicant of information 
     required by law or Executive order to be kept secret in the 
     interest of national defense or the conduct of foreign 
     affairs that the employee or applicant reasonably believes is 
     direct and specific evidence of--

       ``(I) any violation of any law, rule, or regulation;
       ``(II) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; or
       ``(III) a false statement to Congress on an issue of 
     material fact; and

       ``(ii) is made to--

       ``(I) a member of a committee of Congress;
       ``(II) any other Member of Congress; or
       ``(III) an employee of Congress who has the appropriate 
     security clearance and is authorized to receive information 
     of the type disclosed.''.

       (b) Covered Disclosures.--Section 2302(a)(2) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (B)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (C)(iii), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) `disclosure' means a formal or informal communication 
     or transmission, but does not include a communication 
     concerning policy decisions that lawfully exercise 
     discretionary authority unless the employee providing the 
     disclosure reasonably believes that the disclosure 
     evidences--
       ``(i) any violation of any law, rule, or regulation; or
       ``(ii) gross management, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.''.
       (c) Rebuttable Presumption.--Section 2302(b) of title 5, 
     United States Code, is amended by amending the matter 
     following paragraph (12) to read as follows:

     ``This subsection shall not be construed to authorize the 
     withholding of information from Congress or the taking of any 
     personnel action against an employee who discloses 
     information to Congress. For purposes of paragraph (8), any 
     presumption relating to the performance of a duty by an 
     employee who has authority to take, direct others to take, 
     recommend, or approve any personnel action may be rebutted by 
     substantial evidence. For purposes of paragraph (8), a 
     determination as to whether an employee or applicant 
     reasonably believes that they have disclosed information that 
     evidences any violation of law, rule, regulation, gross 
     mismanagement, a gross waste of funds, an abuse of authority, 
     or a substantial and specific danger to public health or 
     safety shall be made by determining whether a disinterested 
     observer with knowledge of the essential facts known to and 
     readily ascertainable by the employee could reasonably 
     conclude that the actions of the Government evidence such 
     violations, mismanagement, waste, abuse, or danger.''.
       (d) Nondisclosure Policies, Forms, and Agreements; Security 
     Clearances; and Retaliatory Investigations.--
       (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--
       (A) in clause (x), by striking ``and'' after the semicolon; 
     and
       (B) by redesignating clause (xi) as clause (xiv) and 
     inserting after clause (x) the following:
       ``(xi) the implementation or enforcement of any 
     nondisclosure policy, form, or agreement;
       ``(xii) a suspension, revocation, or other determination 
     relating to a security clearance or any other access 
     determination by a covered agency;
       ``(xiii) an investigation, other than any ministerial or 
     nondiscretionary fact finding activities necessary for the 
     agency to perform its mission, of an employee or applicant 
     for employment because of any activity protected under this 
     section; and''.
       (2) Prohibited personnel practice.--Section 2302(b) of 
     title 5, United States Code, is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period and inserting 
     a semicolon; and
       (C) by inserting after paragraph (12) the following:
       ``(13) implement or enforce any nondisclosure policy, form, 
     or agreement, if such policy, form, or agreement does not 
     contain the following statement: `These provisions are 
     consistent with and do not supersede, conflict with, or 
     otherwise alter the employee obligations, rights, or 
     liabilities created by Executive Order No. 12958; section 
     7211 (governing disclosures to Congress); section 1034 of 
     title 10 (governing disclosure to Congress by members of the 
     military); section 2302(b)(8) (governing disclosures of 
     illegality, waste, fraud, abuse, or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosures that could compromise 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18 and section 4(b) of the Subversive Activities 
     Control Act of 1950 (50 U.S.C. 783(b)). The definitions, 
     requirements, obligations, rights, sanctions, and liabilities 
     created by

[[Page S5885]]

     such Executive order and such statutory provisions are 
     incorporated into this agreement and are controlling'; or
       ``(14) conduct, or cause to be conducted, an investigation, 
     other than any ministerial or nondiscretionary fact finding 
     activities necessary for the agency to perform its mission, 
     of an employee or applicant for employment because of any 
     activity protected under this section.''.
       (3) Board and court review of actions relating to security 
     clearances.--
       (A) In general.--Chapter 77 of title 5, United States Code, 
     is amended by inserting after section 7702 the following:

     ``Sec. 7702a. Actions relating to security clearances

       ``(a) In any appeal relating to the suspension, revocation, 
     or other determination relating to a security clearance or 
     access determination, the Merit Systems Protection Board or 
     any reviewing court--
       ``(1) shall determine whether paragraph (8) or (9) of 
     section 2302(b) was violated;
       ``(2) may not order the President or the designee of the 
     President to restore a security clearance or otherwise 
     reverse a determination of clearance status or reverse an 
     access determination; and
       ``(3) subject to paragraph (2), may issue declaratory 
     relief and any other appropriate relief.
       ``(b)(1) If, in any final judgment, the Board or court 
     declares that any suspension, revocation, or other 
     determination with regards to a security clearance or access 
     determination was made in violation of paragraph (8) or (9) 
     of section 2302(b), the affected agency shall conduct a 
     review of that suspension, revocation, access determination, 
     or other determination, giving great weight to the Board or 
     court judgment.
       ``(2) Not later than 30 days after any Board or court 
     judgment declaring that a security clearance suspension, 
     revocation, access determination, or other determination was 
     made in violation of paragraph (8) or (9) of section 2302(b), 
     the affected agency shall issue an unclassified report to the 
     congressional committees of jurisdiction (with a classified 
     annex if necessary), detailing the circumstances of the 
     agency's security clearance suspension, revocation, other 
     determination, or access determination. A report under this 
     paragraph shall include any proposed agency action with 
     regards to the security clearance or access determination.
       ``(c) An allegation that a security clearance or access 
     determination was revoked or suspended in retaliation for a 
     protected disclosure shall receive expedited review by the 
     Office of Special Counsel, the Merit Systems Protection 
     Board, and any reviewing court.
       ``(d) For purposes of this section, corrective action may 
     not be ordered if the agency demonstrates by a preponderance 
     of the evidence that it would have taken the same personnel 
     action in the absence of such disclosure.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 77 of title 5, United States Code, is 
     amended by inserting after the item relating to section 7702 
     the following:

``7702a. Actions relating to security clearances.''.
       (e) Exclusion of Agencies by the President.--Section 
     2302(a)(2)(C) of title 5, United States Code, is amended by 
     striking clause (ii) and inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Office 
     of the Director of National Intelligence, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Geospatial-Intelligence Agency, and the National 
     Security Agency; and
       ``(II) as determined by the President, any executive agency 
     or unit thereof the principal function of which is the 
     conduct of foreign intelligence or counterintelligence 
     activities, if the determination (as that determination 
     relates to a personnel action) is made before that personnel 
     action; or''.
       (f) Attorney Fees.--Section 1204(m)(1) of title 5, United 
     States Code, is amended by striking ``agency involved'' and 
     inserting ``agency where the prevailing party is employed or 
     has applied for employment''.
       (g) Disciplinary Action.--Section 1215(a)(3) of title 5, 
     United States Code, is amended to read as follows:
       ``(3)(A) A final order of the Board may impose--
       ``(i) disciplinary action consisting of removal, reduction 
     in grade, debarment from Federal employment for a period not 
     to exceed 5 years, suspension, or reprimand;
       ``(ii) an assessment of a civil penalty not to exceed 
     $1,000; or
       ``(iii) any combination of disciplinary actions described 
     under clause (i) and an assessment described under clause 
     (ii).
       ``(B) In any case in which the Board finds that an employee 
     has committed a prohibited personnel practice under paragraph 
     (8) or (9) of section 2302(b), the Board shall impose 
     disciplinary action if the Board finds that the activity 
     protected under paragraph (8) or (9) of section 2302(b) was a 
     significant motivating factor, even if other factors also 
     motivated the decision, for the employee's decision to take, 
     fail to take, or threaten to take or fail to take a personnel 
     action, unless that employee demonstrates, by preponderance 
     of evidence, that the employee would have taken, failed to 
     take, or threatened to take or fail to take the same 
     personnel action, in the absence of such protected 
     activity.''.
       (h) Special Counsel Amicus Curiae Appearance.--Section 1212 
     of title 5, United States Code, is amended by adding at the 
     end the following:
       ``(h)(1) The Special Counsel is authorized to appear as 
     amicus curiae in any action brought in a court of the United 
     States related to any civil action brought in connection with 
     section 2302(b) (8) or (9), or subchapter III of chapter 73, 
     or as otherwise authorized by law. In any such action, the 
     Special Counsel is authorized to present the views of the 
     Special Counsel with respect to compliance with section 
     2302(b) (8) or (9) or subchapter III of chapter 73 and the 
     impact court decisions would have on the enforcement of such 
     provisions of law.
       ``(2) A court of the United States shall grant the 
     application of the Special Counsel to appear in any such 
     action for the purposes described in subsection (a).''.
       (i) Judicial Review.--
       (1) In general.--Section 7703(b)(1) of title 5, United 
     States Code, is amended to read as follows:
       ``(b)(1)(A) Except as provided in subparagraph (B) and 
     paragraph (2), a petition to review a final order or final 
     decision of the Board shall be filed in the United States 
     Court of Appeals for the Federal Circuit. Notwithstanding any 
     other provision of law, any petition for review must be filed 
     within 60 days after the date the petitioner received notice 
     of the final order or decision of the Board.
       ``(B) During the 5-year period beginning on the effective 
     date of this subsection, a petition to review a final order 
     or final decision of the Board in a case alleging a violation 
     of paragraph (8) or (9) of section 2302(b) shall be filed in 
     the United States Court of Appeals for the Federal Circuit or 
     any court of appeals of competent jurisdiction as provided 
     under subsection (b)(2).''.
       (2) Review obtained by office of personnel management.--
     Section 7703(d) of title 5, United States Code, is amended to 
     read as follows:
       ``(d)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Director 
     of the Office of Personnel Management. The Director of the 
     Office of Personnel Management may obtain review of any final 
     order or decision of the Board by filing, within 60 days 
     after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit if the Director determines, in his discretion, that 
     the Board erred in interpreting a civil service law, rule, or 
     regulation affecting personnel management and that the 
     Board's decision will have a substantial impact on a civil 
     service law, rule, regulation, or policy directive. If the 
     Director did not intervene in a matter before the Board, the 
     Director may not petition for review of a Board decision 
     under this section unless the Director first petitions the 
     Board for a reconsideration of its decision, and such 
     petition is denied. In addition to the named respondent, the 
     Board and all other parties to the proceedings before the 
     Board shall have the right to appear in the proceeding before 
     the Court of Appeals. The granting of the petition for 
     judicial review shall be at the discretion of the Court of 
     Appeals.
       ``(2) During the 5-year period beginning on the effective 
     date of this subsection, this paragraph shall apply to any 
     review relating to paragraph (8) or (9) of section 2302(b) 
     obtained by the Director of the Office of Personnel 
     Management. The Director of the Office of Personnel 
     Management may obtain review of any final order or decision 
     of the Board by filing, within 60 days after the date the 
     Director received notice of the final order or decision of 
     the Board, a petition for judicial review in the United 
     States Court of Appeals for the Federal Circuit or any court 
     of appeals of competent jurisdiction as provided under 
     subsection (b)(2) if the Director determines, in his 
     discretion, that the Board erred in interpreting paragraph 
     (8) or (9) of section 2302(b). If the Director did not 
     intervene in a matter before the Board, the Director may not 
     petition for review of a Board decision under this section 
     unless the Director first petitions the Board for a 
     reconsideration of its decision, and such petition is denied. 
     In addition to the named respondent, the Board and all other 
     parties to the proceedings before the Board shall have the 
     right to appear in the proceeding before the court of 
     appeals. The granting of the petition for judicial review 
     shall be at the discretion of the Court of Appeals.''.
       (j) Nondisclosure Policies, Forms, and Agreements.--
       (1) In general.--
       (A) Requirement.--Each agreement in Standard Forms 312 and 
     4414 of the Government and any other nondisclosure policy, 
     form, or agreement of the Government shall contain the 
     following statement: ``These restrictions are consistent with 
     and do not supersede, conflict with, or otherwise alter the 
     employee obligations, rights, or liabilities created by 
     Executive Order No. 12958; section 7211 of title 5, United 
     States Code (governing disclosures to Congress); section 1034 
     of title 10, United States Code (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code (governing disclosures of 
     illegality, waste, fraud, abuse or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosure that may compromise the 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50

[[Page S5886]]

     U.S.C. 783(b)). The definitions, requirements, obligations, 
     rights, sanctions, and liabilities created by such Executive 
     order and such statutory provisions are incorporated into 
     this agreement and are controlling.''.
       (B) Enforceability.--Any nondisclosure policy, form, or 
     agreement described under subparagraph (A) that does not 
     contain the statement required under subparagraph (A) may not 
     be implemented or enforced to the extent such policy, form, 
     or agreement is inconsistent with that statement.
       (2) Persons other than government employees.--
     Notwithstanding paragraph (1), a nondisclosure policy, form, 
     or agreement that is to be executed by a person connected 
     with the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government. Such nondisclosure 
     forms shall also make it clear that such forms do not bar 
     disclosures to Congress or to an authorized official of an 
     executive agency or the Department of Justice that are 
     essential to reporting a substantial violation of law.
       (k) Clarification of Whistleblower Rights for Critical 
     Infrastructure Information.--Section 214(c) of the Homeland 
     Security Act of 2002 (6 U.S.C. 133(c)) is amended by adding 
     at the end the following: ``For purposes of this section a 
     permissible use of independently obtained information 
     includes the disclosure of such information under section 
     2302(b)(8) of title 5, United States Code.''.
       (l) Advising Employees of Rights.--Section 2302(c) of title 
     5, United States Code, is amended by inserting ``, including 
     how to make a lawful disclosure of information that is 
     specifically required by law or Executive order to be kept 
     secret in the interest of national defense or the conduct of 
     foreign affairs to the Special Counsel, the Inspector General 
     of an agency, Congress, or other agency employee designated 
     to receive such disclosures'' after ``chapter 12 of this 
     title''.
       (m) Scope of Due Process.--
       (1) Special counsel.--Section 1214(b)(4)(B)(ii) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (2) Individual action.--Section 1221(e)(2) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (n) Effective Date.--This section and the amendment made by 
     this section shall take effect 30 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4231. Mr. DeWINE (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 730. MENTAL HEALTH SELF-ASSESSMENT PROGRAM.

       (a) Finding.--Congress finds that the Mental Health Self-
     Assessment Program (MHSAP) of the Department of Defense is 
     vital to the overall health and well-being of deploying 
     members of the Armed Forces and their families because that 
     program provides--
       (1) a non-threatening, voluntary, anonymous self-assessment 
     of mental health that is effective in helping detect mental 
     health and substance abuse conditions;
       (2) awareness regarding warning signs of such conditions; 
     and
       (3) information and outreach to members of the Armed Forces 
     (including members of the National Guard and Reserves) and 
     their families on specific services available for such 
     conditions.
       (b) Expansion of Program.--The Secretary of Defense shall, 
     acting through the Office of Health Affairs of the Department 
     of Defense, take appropriate actions to expand the Mental 
     Health Self-Assessment Program in order to achieve the 
     following:
       (1) The continuous availability of the assessment under the 
     program to members and former members of the Armed Forces in 
     order to ensure the long-term availability of the diagnostic 
     mechanisms of the assessment to detect mental health 
     conditions that may emerge over time.
       (2) The availability of programs and services under the 
     program to address the mental health of dependent children of 
     members of the Armed Forces who have been deployed or 
     mobilized.
       (c) Outreach.--The Secretary shall develop and implement a 
     plan to conduct outreach and other appropriate activities to 
     expand and enhance awareness of the Mental Health Self-
     Assessment Program, and the programs and services available 
     under that program, among members of the Armed Forces 
     (including members of the National Guard and Reserves) and 
     their families.
       (d) Reports.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report on the actions undertaken 
     under this section during the one-year period ending on the 
     date of such report.
                                 ______
                                 
  SA 4232. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 2814. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS 
                   MANUFACTURING CENTER IN LIMA, OHIO, AFTER 
                   MICHAEL G. OXLEY, A MEMBER OF THE HOUSE OF 
                   REPRESENTATIVES.

       The administration building under construction at the Joint 
     Systems Manufacturing Center in Lima, Ohio, shall, upon 
     completion, be known and designated as the ``Michael G. Oxley 
     Administration and Technology Center''. Any reference in a 
     law, map, regulation, document, paper, or other record of the 
     United States to such administration building shall be deemed 
     to be a reference to the Michael G. Oxley Administration and 
     Technology Center.
                                 ______
                                 
  SA 4233. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 648. MODIFICATION OF ELIGIBILITY FOR COMMENCEMENT OF 
                   AUTHORITY FOR OPTIONAL ANNUITIES FOR DEPENDENTS 
                   UNDER THE SURVIVOR BENEFIT PLAN.

       (a) In General.--Section 1448(d)(2)(B) of title 10, United 
     States Code, is amended by striking ``who dies after November 
     23, 2003'' and inserting ``who dies after October 1, 2001''.
       (b) Applicability.--Any annuity payable to a dependent 
     child under subchapter II of chapter 73 of title 10, United 
     States Code, by reason of the amendment made by subsection 
     (a) shall be payable only for months beginning on or after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 4234. Mr. SANTORUM (for himself and Mr. Cornyn) proposed an 
amendment to the bill S. 2766, to authorize appropriations for fiscal 
year 2007 for military activities of the Department of Defense, for 
military construction, and for defense activites of the Department of 
Energy, to presceibe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       On page 476, between lines 5 and 6, insert the following:

                  Subtitle C--Iran Freedom and Support

             PART I--CODIFICATION OF SANCTIONS AGAINST IRAN

     SEC. 1231. SHORT TITLE.

       This subtitle may be cited as the ``Iran Freedom and 
     Support Act of 2006''.

     SEC. 1232. CODIFICATION OF SANCTIONS.

       (a) Codification of Sanctions.--United States sanctions, 
     controls, and regulations with respect to Iran imposed 
     pursuant to Executive Order No. 12957, sections 1(b) through 
     (1)(g) and sections (2) through (6) of Executive Order No. 
     12959, and sections 2 and 3 of Executive Order No. 13059 
     (relating to exports and certain other transactions with 
     Iran) as in effect on January 1, 2006, shall remain in effect 
     until the President certifies to the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate that the 
     Government of Iran has verifiably dismantled its weapons of 
     mass destruction programs.
       (b) No Effect on Other Sanctions Relating to Support for 
     Acts of International Terrorism.--Subsection (a) shall have 
     no effect on United States sanctions, controls, and 
     regulations relating to a determination under section 
     6(j)(1)(A) of the Export Administration Act of 1979 (50 
     U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) 
     of the Arms Export Control Act (22 U.S.C. 2780(d)) relating 
     to support for acts of international terrorism by the 
     Government of Iran, as in effect on January 1, 2006.

     SEC. 1233. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN ENTITIES.

       (a) In General.--In any case in which an entity engages in 
     an act outside the United

[[Page S5887]]

     States on or after January 1, 2007, which, if committed in 
     the United States or by a United States person, would violate 
     Executive Order No. 12959 of May 6, 1995, Executive Order No. 
     13059 of August 19, 1997, or any other prohibition on 
     transactions with respect to Iran that is imposed under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) and if that entity was created or availed of for the 
     purpose of engaging in such an act, the parent company of 
     that entity shall be subject to the penalties for such 
     violation to the same extent as if the parent company had 
     engaged in that act.
       (b) Definitions.--In this section--
       (1) an entity is a ``parent company'' of another entity if 
     it owns, directly or indirectly, more than 50 percent of the 
     equity interest in that other entity and is a United States 
     person; and
       (2) the term ``entity'' means a partnership, association, 
     trust, joint venture, corporation, or other organization.

  PART II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND 
             OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN

     SEC. 1241. MULTILATERAL REGIME.

       (a) Reports to Congress.--Section 4(b) of the Iran and 
     Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended 
     to read as follows:
       ``(b) Reports to Congress.--Not later than six months after 
     the date of the enactment of the Iran Freedom Support Act of 
     2006 and every six months thereafter, the President shall 
     submit to the appropriate congressional committees a report 
     regarding specific diplomatic efforts undertaken pursuant to 
     subsection (a), the results of those efforts, and a 
     description of proposed diplomatic efforts pursuant to such 
     subsection. Each report shall include--
       ``(1) a list of the countries that have agreed to undertake 
     measures to further the objectives of section 3 with respect 
     to Iran;
       ``(2) a description of those measures, including--
       ``(A) government actions with respect to public or private 
     entities (or their subsidiaries) located in their 
     territories, that are engaged in Iran;
       ``(B) any decisions by the governments of these countries 
     to rescind or continue the provision of credits, guarantees, 
     or other governmental assistance to these entities; and
       ``(C) actions taken in international fora to further the 
     objectives of section 3;
       ``(3) a list of the countries that have not agreed to 
     undertake measures to further the objectives of section 3 
     with respect to Iran, and the reasons therefor; and
       ``(4) a description of any memorandums of understanding, 
     political understandings, or international agreements to 
     which the United States has acceded which affect 
     implementation of this section or section 5(a).''.
       (b) Waiver.--Section 4(c) of such Act (50 U.S.C. 1701 note) 
     is amended to read as follows:
       ``(c) Waiver.--
       ``(1) In general.--The President may, on a case by case 
     basis, waive for a period of not more than six months the 
     application of section 5(a) with respect to a national of a 
     country if the President certifies to the appropriate 
     congressional committees at least 30 days before such waiver 
     is to take effect that--
       ``(A) such waiver is vital to the national security 
     interests of the United States; and
       ``(B) the country of the national has undertaken 
     substantial measures to prevent the acquisition and 
     development of weapons of mass destruction by the Government 
     of Iran.
       ``(2) Subsequent renewal of waiver.--If the President 
     determines that, in accordance with paragraph (1), such a 
     waiver is appropriate, the President may, at the conclusion 
     of the period of a waiver under such paragraph, renew such 
     waiver for subsequent periods of not more than six months 
     each.''.
       (c) Investigations.--Section 4 of such Act (50 U.S.C. 1701 
     note) is amended by adding at the end the following new 
     subsection:
       ``(f) Investigations.--
       ``(1) In general.--The President shall initiate an 
     investigation into the possible imposition of sanctions 
     against a person upon receipt by the United States of 
     credible information indicating that such person is engaged 
     in activity related to investment in Iran as described in 
     section 5(a).
       ``(2) Determination and notification.--
       ``(A) In general.--Not later than 180 days after an 
     investigation is initiated in accordance with paragraph (1), 
     the President shall determine, pursuant to section 5(a), 
     whether or not to impose sanctions against a person engaged 
     in activity related to investment in Iran as described in 
     such section as a result of such activity and shall notify 
     the appropriate congressional committees of the basis for 
     such determination.
       ``(B) Extension.--If the President is unable to make a 
     determination under subparagraph (A), the President shall 
     notify the appropriate congressional committees and shall 
     extend such investigation for a subsequent period, not to 
     exceed 180 days, after which the President shall make the 
     determination required under such subparagraph and shall 
     notify the appropriate congressional committees of the basis 
     for such determination in accordance with such subparagraph.
       ``(3) Determinations regarding pending investigations.--Not 
     later than 90 days after the date of the enactment of the 
     Iran Freedom and Support Act of 2006, the President shall, 
     with respect to any investigation that was pending as of 
     January 1, 2006, concerning a person engaged in activity 
     related to investment in Iran as described in section 5(a), 
     determine whether or not to impose sanctions against such 
     person as a result of such activity and shall notify the 
     appropriate congressional committees of the basis for such 
     determination.
       ``(4) Publication.--Not later than 10 days after the 
     President notifies the appropriate congressional committees 
     under paragraphs (2) and (3), the President shall ensure 
     publication in the Federal Register of the identification of 
     the persons against which the President has made a 
     determination that the imposition of sanctions is 
     appropriate, together with an explanation for such 
     determination.''.

     SEC. 1242. IMPOSITION OF SANCTIONS.

       (a) Sanctions With Respect to Development of Petroleum 
     Resources.--Section 5(a) of the Iran and Libya Sanctions Act 
     of 1996 (50 U.S.C. 1701 note) is amended--
       (1) in the heading, by striking ``to Iran'' and inserting 
     ``to the Development of Petroleum Resources of Iran'';
       (2) by striking ``(6)'' and inserting ``(5)''; and
       (3) by striking ``with actual knowledge,''.
       (b) Sanctions With Respect to Development of Weapons of 
     Mass Destruction or Other Military Capabilities.--Section 
     5(b) of such Act (50 U.S.C. 1701 note) is amended to read as 
     follows:
       ``(b) Mandatory Sanctions With Respect to Development of 
     Weapons of Mass Destruction or Other Military Capabilities.--
     Notwithstanding any other provision of law, the President 
     shall impose two or more of the sanctions described in 
     paragraphs (1) through (5) of section 6 if the President 
     determines that a person has, on or after the date of the 
     enactment of this Act, exported, transferred, or otherwise 
     provided to Iran any goods, services, technology, or other 
     items knowing that the provision of such goods, services, 
     technology, or other items would contribute to the ability of 
     Iran to--
       ``(1) acquire or develop chemical, biological, or nuclear 
     weapons or related technologies; or
       ``(2) acquire or develop destabilizing numbers and types of 
     advanced conventional weapons.''.
       (c) Persons Against Which the Sanctions Are to Be 
     Imposed.--Section 5(c)(2) of such Act (50 U.S.C. 1701 note) 
     is amended--
       (1) in subparagraph (B)--
       (A) by striking ``, with actual knowledge,''; and
       (B) by striking ``or'' at the end;
       (2) in subparagraph (C)--
       (A) by striking ``, with actual knowledge,''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding after subparagraph (C) the following new 
     subparagraph:
       ``(D) is a private or government lender, insurer, 
     underwriter, or guarantor of the person referred to in 
     paragraph (1) if that private or government lender, insurer, 
     underwriter, or guarantor engaged in the activities referred 
     to in paragraph (1).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to actions taken on or after January 
     1, 2007.

     SEC. 1243. TERMINATION OF SANCTIONS.

       Section 8(a) of the Iran and Libya Sanctions Act of 1996 
     (50 U.S.C. 1701 note) is amended--
       (1) in paragraph (1)(C), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) poses no significant threat to United States national 
     security, interests, or allies.''.

     SEC. 1244. SUNSET.

       Section 13 of the Iran and Libya Sanctions Act of 1996 (50 
     U.S.C. 1701 note) is amended--
       (1) in the section heading, by striking ``; SUNSET'';
       (2) in subsection (a), by striking ``(a) Effective Date.--
     '' ; and
       (3) by striking subsection (b).

     SEC. 1245. CLARIFICATION AND EXPANSION OF DEFINITIONS.

       (a) Person.--Section 14(14)(B) of the Iran and Libya 
     Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
       (1) by inserting after ``trust,'' the following: 
     ``financial institution, insurer, underwriter, guarantor, any 
     other business organization, including any foreign 
     subsidiaries of the foregoing,''; and
       (2) by inserting before the semicolon the following: ``, 
     such as an export credit agency''.
       (b) Petroleum Resources.--Section 14(15) of the Iran and 
     Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended 
     by inserting after ``petroleum'' the second place it appears 
     the following: ``, petroleum by-products,''.

     SEC. 1246. UNITED STATES PENSION PLANS.

       (a) Findings.--Congress finds the following:
       (1) The United States and the international community face 
     no greater threat to their security than the prospect of 
     rogue regimes who support international terrorism obtaining 
     weapons of mass destruction, and particularly nuclear 
     weapons.
       (2) Iran is the leading state sponsor of international 
     terrorism and is close to

[[Page S5888]]

     achieving nuclear weapons capability but has paid no price 
     for nearly twenty years of deception over its nuclear 
     program. Foreign entities that have invested in Iran's energy 
     sector, despite Iran's support of international terrorism and 
     its nuclear program, have afforded Iran a free pass while 
     many United States entities have unknowingly invested in 
     those same foreign entities.
       (3) United States investors have a great deal at stake in 
     preventing Iran from acquiring nuclear weapons.
       (4) United States investors can have considerable influence 
     over the commercial decisions of the foreign entities in 
     which they have invested.
       (b) Sense of Congress Relating to Divestiture From Iran.--
     It is the sense of Congress that managers of United States 
     Government pension plans or thrift savings plans, managers of 
     pension plans maintained in the private sector by plan 
     sponsors in the United States, and managers of mutual funds 
     sold or distributed in the United States should, to the 
     extent consistent with the legal and fiduciary duties 
     otherwise imposed on them, immediately initiate efforts to 
     divest all investments of such plans or funds in any entity 
     included on the list.
       (c) Sense of Congress Relating to Prohibition on Future 
     Investment.--It is the sense of Congress that there should 
     be, to the extent consistent with the legal and fiduciary 
     duties otherwise imposed on them, no future investment in any 
     entity included on the list by managers of United States 
     Government pension plans or thrift savings plans, managers of 
     pension plans maintained in the private sector by plan 
     sponsors in the United States, and managers of mutual funds 
     sold or distributed in the United States.

     SEC. 1247. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Findings.--Section 2 of the Iran and Libya Sanctions 
     Act of 1996 (50 U.S.C. 1701 note) is amended by striking 
     paragraph (4).
       (b) Declaration of Policy.--Section 3 of the Iran and Libya 
     Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
       (1) in subsection (a), by striking ``(a) Policy With 
     Respect to Iran.--''; and
       (2) by striking subsection (b).
       (c) Termination of Sanctions.--Section 8 of the Iran and 
     Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is 
     amended--
       (1) in subsection (a), by striking ``(a) Iran.--''; and
       (2) by striking subsection (b).
       (d) Duration of Sanctions; Presidential Waiver.--Section 
     9(c)(2)(C) of the Iran and Libya Sanctions Act of 1996 (50 
     U.S.C. 1701 note) is amended to read as follows:
       ``(C) an estimate of the significance of the provision of 
     the items described in section 5(a) or section 5(b) to Iran's 
     ability to, respectively, develop its petroleum resources or 
     its weapons of mass destruction or other military 
     capabilities; and''.
       (e) Reports Required.--Section 10(b)(1) of the Iran and 
     Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended 
     by striking ``and Libya'' each place it appears.
       (f) Definitions.--Section 14 of the Iran and Libya 
     Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
       (1) in paragraph (9)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``, or with the Government of Libya or a 
     nongovernmental entity in Libya,''; and
       (ii) by striking ``nongovenmental'' and inserting 
     ``nongovernmental''; and
       (B) in subparagraph (A), by striking ``or Libya (as the 
     case may be)'';
       (2) by striking paragraph (12); and
       (3) by redesignating paragraphs (13), (14), (15), (16), and 
     (17) as paragraphs (12), (13), (14), (15), and (16), 
     respectively.
       (g) Short Title.--
       (1) In general.--Section 1 of the Iran and Libya Sanctions 
     Act of 1996 (50 U.S.C. 1701 note) is amended by striking 
     ``and Libya''.
       (2) References.--Any reference in any other provision of 
     law, regulation, document, or other record of the United 
     States to the ``Iran and Libya Sanctions Act of 1996'' shall 
     be deemed to be a reference to the ``Iran Sanctions Act of 
     1996''.

 PART III--DIPLOMATIC EFFORTS TO CURTAIL IRANIAN NUCLEAR PROLIFERATION 
               AND SPONSORSHIP OF INTERNATIONAL TERRORISM

     SEC. 1251. DIPLOMATIC EFFORTS.

       (a) Sense of Congress Relating to United Nations Security 
     Council and the International Atomic Energy Agency.--It is 
     the sense of Congress that the President should instruct the 
     United States Permanent Representative to the United Nations 
     to work to secure support at the United Nations Security 
     Council for a resolution that would impose sanctions on Iran 
     as a result of its repeated breaches of its nuclear 
     nonproliferation obligations, to remain in effect until Iran 
     has verifiably dismantled its weapons of mass destruction 
     programs.
       (b) Prohibition on Assistance to Countries That Invest in 
     the Energy Sector of Iran.--
       (1) Withholding of assistance.--If, on or after January 1, 
     2007, a foreign person (as defined in section 14 of the Iran 
     Sanctions Act of 1996 (50 U.S.C. 1701 note), as renamed 
     pursuant to section 1247(g)(1)) or an agency or 
     instrumentality of a foreign government has more than 
     $20,000,000 invested in Iran's energy sector, the President 
     shall, until the date on which such person or agency or 
     instrumentality of such government terminates such 
     investment, withhold assistance under the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.) to the government of the 
     country to which such person owes allegiance or to which 
     control is exercised over such agency or instrumentality.
       (2) Waiver.--Assistance prohibited by this section may be 
     furnished to the government of a foreign country described in 
     subsection (a) if the President determines that furnishing 
     such assistance is important to the national security 
     interests of the United States, furthers the goals described 
     in this subtitle, and, not later that 15 days before 
     obligating such assistance, notifies the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     of such determination and submits to such committees a report 
     that includes--
       (A) a statement of the determination;
       (B) a detailed explanation of the assistance to be 
     provided;
       (C) the estimated dollar amount of the assistance; and
       (D) an explanation of how the assistance furthers United 
     States national security interests.

     SEC. 1252. STRENGTHENING THE NUCLEAR NONPROLIFERATION TREATY.

       (a) Findings.--Congress finds the following:
       (1) Article IV of the Treaty on the Non-Proliferation of 
     Nuclear Weapons, done at Washington, London, and Moscow July 
     1, 1968, and entered into force March 5, 1970 (21 UST 483) 
     (commonly referred to as the ``Nuclear Nonproliferation 
     Treaty'' or ``NPT'') states that countries that are parties 
     to the Treaty have the ``inalienable right . . . to develop 
     research, production and use of nuclear energy for peaceful 
     purposes without discrimination and in conformity with 
     articles I and II of this Treaty''.
       (2) Iran has manipulated Article IV of the Nuclear 
     Nonproliferation Treaty to acquire technologies needed to 
     manufacture nuclear weapons under the guise of developing 
     peaceful nuclear technology.
       (3) Legal authorities, diplomatic historians, and officials 
     closely involved in the negotiation and ratification of the 
     Nuclear Nonproliferation Treaty state that the Treaty neither 
     recognizes nor protects such a per se right to all nuclear 
     technology, such as enrichment and reprocessing, but rather 
     affirms that the right to the use of peaceful nuclear energy 
     is qualified.
       (b) Declaration of Congress Regarding United States Policy 
     to Strengthen the Nuclear Nonproliferation Treaty.--Congress 
     declares that it should be the policy of the United States to 
     support diplomatic efforts to end the manipulation of Article 
     IV of the Nuclear Nonproliferation Treaty, as undertaken by 
     Iran, without undermining the Treaty itself.

         PART IV--IRANIAN NUCLEAR TRADE PROHIBITION PROVISIONS

     SEC. 1261. FINDINGS.

       Congress makes the following findings:
       (1) Iran has pursued a nuclear program with assistance from 
     foreign entities and foreign governments.
       (2) It is important that Iran not seek to develop nuclear 
     weapons under the cover of a civilian nuclear power program.
       (3) The Government of Iran has asserted that its nuclear 
     program is for peaceful purposes, however, that Government 
     has supported terrorist organizations and uses harsh rhetoric 
     towards allies of the United States in the Middle East, and 
     the United States has expressed great concern with Iran's 
     nuclear ambitions and has worked with United States allies to 
     end Iran's nuclear program.
       (4) In October 2003, the Government of Iran promised it 
     would suspend uranium enrichment activities, but broke that 
     promise less than a year later.
       (5) In November 2004, the Government of Iran, in concert 
     with talks with representatives of the Governments of 
     Britain, France, and Germany (the ``EU-3'') agreed to suspend 
     all uranium enrichment and reprocessing activities related to 
     Iran's nuclear program under the terms of the agreement made 
     between the Islamic Republic of Iran and France, Germany and 
     the United Kingdom, with the support of the High 
     Representative of the European Union (the ``Paris 
     Agreement'').
       (6) The EU-3 agreed to support the United States in taking 
     Iran's nuclear program to the United Nations Security Council 
     if Iran resumed its nuclear activities.
       (7) In concert with the Paris Agreement, the President 
     announced that the United States will drop its opposition to 
     Iran's application to join the World Trade Organization and 
     permit, on a case-by-case basis, the licensing of spare parts 
     for Iranian commercial aircraft.
       (8) Iran's uranium enrichment program is likely to be 
     dispersed throughout the country, protected in hardened 
     infrastructure, and highly mobile.
       (9) The Parliament of Iran passed a nonbinding resolution 
     insisting that the Government of Iran resume developing 
     nuclear fuel.
       (10) That resolution stated that Iran should develop enough 
     nuclear fuel to generate 20,000 megawatts of electricity.
       (11) In February 2005, the Atomic Energy Agency of Russia 
     announced that Russia would ship nuclear fuel to Iran's 
     Bushehr nuclear reactor.
       (12) Russia pledged to provide fuel to this facility for 10 
     years and, under the commitment, Iran has pledged to return 
     spent fuel to Russia for storage.

[[Page S5889]]

       (13) Russia remains the only major nuclear fuel market 
     closed to outside competition and 100 percent of Russia's 
     nuclear fuel industry is owned by the Government of Russia.
       (14) Iran is the fourth-largest oil producer in the world.
       (15) Iran has a wealth of natural gas and crude oil 
     reserves and it is estimated that Iran plans to invest 
     $104,000,000,000 by 2015 in natural gas production and that 
     Iran plans to increase crude oil production to 7,000,000 
     barrels a day by 2020.

     SEC. 1262. SENSE OF CONGRESS ON TRADE RELATIONS WITH STATE 
                   SPONSORS OF TERRORISM.

       It is the sense of Congress that the countries of the world 
     should choose between trading with state sponsors of 
     terrorism or maintaining good trade relations with the United 
     States.

     SEC. 1263. PROHIBITION OF ENTRY OF NUCLEAR FUEL ASSEMBLIES.

       The Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 
     note) is amended by inserting after section 10 the following 
     new section:

     ``SEC. 10A. PROHIBITION OF ENTRY TO NUCLEAR FUEL ASSEMBLIES 
                   TO THE UNITED STATES.

       ``(a) In General.--Subject to subsection (b), the President 
     shall prohibit the United States, or any entity of the United 
     States, from purchasing nuclear fuel assemblies from any 
     person or government entity, or any entity affiliated with 
     such person or entity, that sells nuclear fuel assemblies to 
     Iran.
       ``(b) Waiver.--The President may waive the prohibition in 
     subsection (a) if the President--
       ``(1) determines that the waiver is in the national 
     security interest of the United States; and
       ``(2) at least 7 days before the waiver takes effect, 
     notifies the required congressional committees of the 
     President's intention to exercise the waiver.
       ``(c) Definitions.--In this section:
       ``(1) Nuclear fuel assemblies.--The term `nuclear fuel 
     assemblies' does not include low-enriched uranium (LEU). For 
     the purpose of the preceding sentence the term `low-enriched 
     uranium' means a product produced using blended down weapons-
     grade and highly-enriched uranium (HEU) that is provided by 
     the Russian entity Techsnabexport (also known as TENEX) in 
     cooperation with the U.S. Enrichment Corporation, a 
     subsidiary of USEC, Inc.
       ``(2) Required congressional committees.--The term 
     `required congressional committees' means the Committee on 
     Armed Services, the Committee on Finance, and the Committee 
     on Foreign Relations of the Senate and the Committee on Armed 
     Services, the Committee on International Relations, and the 
     Committee on Ways and Means of the House of 
     Representatives.''.

                       PART V--DEMOCRACY IN IRAN

     SEC. 1271. FINDINGS.

       Congress makes the following findings:
       (1) The people of the United States have long demonstrated 
     an interest in the well-being of the people of Iran, dating 
     back to the 1830s.
       (2) Famous Americans such as Howard Baskerville, Dr. Samuel 
     Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made 
     significant contributions to Iranian society by furthering 
     the educational opportunities of the people of Iran and 
     improving the opportunities of the less fortunate citizens of 
     Iran.
       (3) Iran and the United States were allies following World 
     War II, and through the late 1970s Iran was as an important 
     regional ally of the United States and a key bulwark against 
     Soviet influence.
       (4) In November 1979, following the arrival of Mohammed 
     Reza Shah Pahlavi in the United States, a mob of students and 
     extremists seized the United States Embassy in Tehran, Iran, 
     holding United States diplomatic personnel hostage until 
     January 1981.
       (5) Following the seizure of the United States Embassy, 
     Ayatollah Ruhollah Khomeini, leader of the repressive 
     revolutionary movement in Iran, expressed support for the 
     actions of the students in taking American citizens hostage.
       (6) Despite the May 1997 presidential election in Iran, an 
     election in which an estimated 91 percent of the electorate 
     participated, control of the internal and external affairs of 
     the Islamic Republic of Iran is still exercised by the courts 
     in Iran and the Revolutionary Guards, Supreme Leader, and 
     Council of Guardians of the Government of Iran.
       (7) The election results of the May 1997 election and the 
     high level of voter participation in that election 
     demonstrate that the people of Iran favor economic and 
     political reforms and greater interaction with the United 
     States and the Western world in general.
       (8) Efforts by the United States to improve relations with 
     Iran have been rebuffed by the Government of Iran.
       (9) President William J. Clinton eased sanctions against 
     Iran and promoted people-to-people exchanges, but the Leader 
     of the Islamic Revolution Ayatollah Ali Khamenei, the 
     Militant Clerics' Society, the Islamic Coalition 
     Organization, and Supporters of the Party of God have all 
     opposed efforts to open Iranian society to Western influences 
     and have opposed efforts to change the dynamic of relations 
     between the United States and Iran.
       (10) For the past two decades, the Department of State has 
     found Iran to be the leading sponsor of international 
     terrorism in the world.
       (11) In 1983, the Iran-sponsored Hezbollah terrorist 
     organization conducted suicide terrorist operations against 
     United States military and civilian personnel in Beirut, 
     Lebanon, resulting in the deaths of hundreds of Americans.
       (12) The United States intelligence community and law 
     enforcement personnel have linked Iran to attacks against 
     American military personnel at Khobar Towers in Saudi Arabia 
     in 1996 and to al Qaeda attacks against civilians in Saudi 
     Arabia in 2004.
       (13) According to the Department of State's Patterns of 
     Global Terrorism 2001 report, ``Iran's Islamic Revolutionary 
     Guard Corps and Ministry of Intelligence and Security 
     continued to be involved in the planning and support of 
     terrorist acts and supported a variety of groups that use 
     terrorism to pursue their goals,'' and ``Iran continued to 
     provide Lebanese Hizballah and the Palestinian rejectionist 
     groups--notably HAMAS, the Palestinian Islamic Jihad, and the 
     [Popular Front for the Liberation of Palestine-General 
     Command]--with varying amounts of funding, safehaven, 
     training and weapons''.
       (14) The Government of Iran currently operates more than 10 
     radio and television stations broadcasting in Iraq that 
     incite violent actions against United States and coalition 
     personnel in Iraq.
       (15) The current leaders of Iran, Ayatollah Ali Khamenei 
     and Hashemi Rafsanjani, have repeatedly called upon Muslims 
     to kill Americans in Iraq and install a theocratic regime in 
     Iraq.
       (16) The Government of Iran has admitted pursuing a 
     clandestine nuclear program, which the United States 
     intelligence community believes may include a nuclear weapons 
     program.
       (17) The Government of Iran has failed to meet repeated 
     pledges to arrest and extradite foreign terrorists in Iran.
       (18) The United States Government believes that the 
     Government of Iran supports terrorists and extremist 
     religious leaders in Iraq with the clear intention of 
     subverting coalition efforts to bring peace and democracy to 
     Iraq.
       (19) The Ministry of Defense of Iran confirmed in July 2003 
     that it had successfully conducted the final test of the 
     Shahab-3 missile, giving Iran an operational intermediate-
     range ballistic missile capable of striking both Israel and 
     United States troops throughout the Middle East and 
     Afghanistan.

     SEC. 1272. DECLARATION OF CONGRESS REGARDING UNITED STATES 
                   POLICY TOWARD IRAN.

       Congress declares that it should be the policy of the 
     United States--
       (1) to support efforts by the people of Iran to exercise 
     self-determination over the form of government of their 
     country; and
       (2) to actively support a national referendum in Iran with 
     oversight by international observers and monitors to certify 
     the integrity and fairness of the referendum.

     SEC. 1273. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN.

       (a) Authorization.--The President is authorized, 
     notwithstanding any other provision of law, to provide 
     financial and political assistance (including the award of 
     grants) to foreign and domestic individuals, organizations, 
     and entities that support democracy and the promotion of 
     democracy in Iran. Such assistance may include the award of 
     grants to eligible independent pro-democracy radio and 
     television broadcasting organizations that broadcast into 
     Iran.
       (b) Sense of Congress on Eligibility for Assistance.--It is 
     the sense of Congress that financial and political assistance 
     under this section be provided to an individual, 
     organization, or entity that--
       (1) opposes the use of terrorism;
       (2) advocates the adherence by Iran to nonproliferation 
     regimes for nuclear, chemical, and biological weapons and 
     materiel;
       (3) is dedicated to democratic values and supports the 
     adoption of a democratic form of government in Iran;
       (4) is dedicated to respect for human rights, including the 
     fundamental equality of women;
       (5) works to establish equality of opportunity for people; 
     and
       (6) supports freedom of the press, freedom of speech, 
     freedom of association, and freedom of religion.
       (c) Funding.--The President may provide assistance under 
     this section using amounts made available pursuant to the 
     authorization of appropriations under subsection (g).
       (d) Notification.--Not later than 15 days before each 
     obligation of assistance under this section, and in 
     accordance with the procedures under section 634A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2394-1), the 
     President shall notify the Committee on Foreign Relations and 
     the Committee on Appropriations of the Senate and the 
     Committee on International Relations and the Committee on 
     Appropriations of the House of Representatives.
       (e) Sense of Congress Regarding Coordination of Policy and 
     Appointment.--It is the sense of Congress that in order to 
     ensure maximum coordination among Federal agencies, if the 
     President provides the assistance under this section, the 
     President should appoint an individual who shall--
       (1) serve as special assistant to the President on matters 
     relating to Iran; and
       (2) coordinate among the appropriate directors of the 
     National Security Council on issues regarding such matters.

[[Page S5890]]

       (f) Sense of Congress Regarding Diplomatic Assistance.--It 
     is the sense of Congress that--
       (1) support for a transition to democracy in Iran should be 
     expressed by United States representatives and officials in 
     all appropriate international fora;
       (2) representatives of the Government of Iran should be 
     denied access to all United States Government buildings;
       (3) efforts to bring a halt to the nuclear weapons program 
     of Iran, including steps to end the supply of nuclear 
     components or fuel to Iran, should be intensified, with 
     particular attention focused on the cooperation regarding 
     such program--
       (A) between the Government of Iran and the Government of 
     the Russian Federation; and
       (B) between the Government of Iran and individuals from 
     China, Malaysia, and Pakistan, including the network of Dr. 
     Abdul Qadeer (A. Q.) Khan; and
       (4) officials and representatives of the United States 
     should--
       (A) strongly and unequivocally support indigenous efforts 
     in Iran calling for free, transparent, and democratic 
     elections; and
       (B) draw international attention to violations by the 
     Government of Iran of human rights, freedom of religion, 
     freedom of assembly, and freedom of the press.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of State $100,000,000 to carry out activities 
     under this section.
       (2) Offset.--The amount authorized to be appropriated by 
     section 1405(1) for the Army for operation and maintenance 
     for additional costs due to Operation Iraqi Freedom and 
     Operation Enduring Freedom is hereby decreased by 
     $100,000,000.

     SEC. 1274. REPORTING REQUIREMENT REGARDING DESIGNATION OF 
                   DEMOCRATIC OPPOSITION ORGANIZATIONS.

       Not later than 15 days before designating a democratic 
     opposition organization as eligible to receive assistance 
     under section 1272, the President shall notify the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives of the proposed designation. The notification 
     may be in classified form.
                                 ______
                                 
  SA 4235. Mr. ALLARD (for himself and Mr. Salazar) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 546, after line 22, add the following:

     SEC. 2828. REPORTS ON ARMY TRAINING RANGES.

       (a) Limitation.--The Secretary of the Army may not carry 
     out any acquisition of real property to expand the Pinon 
     Canyon Maneuver Site at Fort Carson, Colorado until--
       (1) the Secretary has provided to the congressional defense 
     committees the extent to which the acquisition could be 
     carried out through transactions with willing sellers of the 
     privately held land; and
       (2) 30 days after the Secretary submits the report required 
     under subsection (b).
       (b) Report on Pinon Canyon Maneuver Site.--
       (1) In general.--Not later than November 30, 2006, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report containing an analysis of any 
     potential expansion of the military training range at the 
     Pinon Canyon Maneuver Site at Fort Carson, Colorado.
       (2) Content.--The report required under paragraph (1) shall 
     include the following information:
       (A) A description of the Army's current and projected 
     military requirements for training at the Pinon Canyon 
     Maneuver Site.
       (B) An analysis of the reasons for any changes in those 
     requirements, including the extent to which they are a result 
     of the increase of military personnel due to the 2005 round 
     of defense base closure and realignment, the conversion of 
     Army brigades to a modular format, or the Integrated Global 
     Presence and Basing Strategy.
       (C) A proposed plan for addressing those requirements, 
     including a description of any proposed expansion of the 
     existing training range by acquiring privately held land 
     surrounding the site and an analysis of alternative 
     approaches that do not require expansion of the training 
     range.
       (D) If an expansion of the training range is recommended 
     pursuant to subparagraph (C), the following information:
       (i) An assessment of the economic impact on local 
     communities of such acquisition.
       (ii) An assessment of the environmental impact of expanding 
     the Pinon Canyon Maneuver Site.
       (iii) An estimate of the costs associated with the 
     potential expansion, including land acquisition, range 
     improvements, installation of utilities, environmental 
     restoration, and other environmental activities in connection 
     with the acquisition.
       (iv) An assessment of options for compensating local 
     communities for the loss of property tax revenue as a result 
     of the expansion of Pinon Canyon Maneuver Site.
       (v) An assessment of whether the acquisition of additional 
     land at the Pinon Canyon Maneuver Site can be carried out by 
     the Secretary solely through transactions, including land 
     exchanges and the lease or purchase of easements, with 
     willing sellers of the privately held land.
       (c) Report on Expansion of Army Training Ranges.--
       (1) In general.--Not later than February 1, 2007, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report containing an assessment of the 
     training ranges operated by the Army to support major Army 
     units.
       (2) Content.--The report required under paragraph (1) shall 
     include the following information:
       (A) The size, description, and mission essential training 
     tasks supported by each such Army training range during 
     fiscal year 2003.
       (B) A description of the projected changes in training 
     range requirements, including the size, characteristics, and 
     attributes for mission essential training of each range and 
     the extent to which any changes in requirements are a result 
     of the 2005 round of defense base closure and realignment, 
     the conversion of Army brigades to a modular format, or the 
     Integrated Global Presence and Basing Strategy.
       (C) The projected deficit or surplus of training land at 
     each such range, and a description of the Army's plan to 
     address that projected deficit or surplus of land as well as 
     the upgrade of range attributes at each existing training 
     range.
       (D) A description of the Army's prioritization process and 
     investment strategy to address the potential expansion or 
     upgrade of training ranges.
       (E) An analysis of alternatives to the expansion of Army 
     ranges to include an assessment of the joint use of ranges 
     operated by other services.
                                 ______
                                 
  SA 4236. Mr. LUGAR submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 453, strike line 1 though page 461, line 
     7, and insert the following:

     SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO THE 
                   BUILDING OF THE CAPACITY OF FOREIGN MILITARY 
                   FORCES.

       (a) Authority.--The President may direct the Secretary of 
     State to work with the Secretary of Defense to provide 
     assistance to help build the capacity of partner nations' 
     military forces to disrupt or destroy terrorist networks, 
     close safe havens, or participate in or support United 
     States, coalition, or international military or stability 
     operations.
       (b) Types of Partnership Security Capacity Building.--The 
     partnership security capacity building authorized under 
     subsection (a) may include the provision of equipment, 
     supplies, services, training, and funding.
       (c) Availability of Funds.--
       (1) Transfer of funds.--The Secretary of Defense may 
     support partnership security capacity building as authorized 
     under subsection (a) by transferring funds available to the 
     Department of Defense to a partnership security building 
     account of the Department of State for use as provided under 
     paragraph (2). Any funds so transferred shall remain 
     available until expended.
       (2) Use of funds.--The funds transferred to the partnership 
     security building account under paragraph (1) shall, subject 
     to the approval of the Secretary of State, be made available 
     for use by the Secretary of Defense to carry out activities 
     to build partnership security capacity. The amount of funds 
     made available for such purpose may not exceed $400,000,000 
     in any fiscal year.
       (d) Approval and Notification Requirements.--Not later than 
     10 days before approving the use by the Secretary of Defense 
     of funds to carry out activities to build partnership 
     security capacity under subsection (c)(2), the Secretary of 
     State shall submit to the Committee on Foreign Relations and 
     the Committee on Appropriations of the Senate and the 
     Committee on International Relations and the Committee on 
     Appropriations of the House of Representatives a notification 
     of the countries chosen to be recipients and the specific 
     type of assistance that will be provided, including the 
     specific entity within the recipient country that will be 
     provided the assistance and the type and duration of such 
     assistance.
       (e) Applicable Law.--The authorities and limitations in the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and 
     the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 2006 (Public Law 109-102) shall 
     be applicable to assistance provided and funds transferred 
     under the authority of this section.
       (f) Expiration.--The authority in this section shall expire 
     on September 30, 2008.

[[Page S5891]]

       (g) Repeal of Superseded Authority and Modification of 
     Existing Reporting Requirement.--Section 1206 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 119 Stat. 3456) is amended--
       (1) in the heading, by striking ``authority to build'' and 
     inserting ``report on'';
       (2) by striking subsections (a), (b), (c), (d), (e), and 
     (g); and
       (3) in subsection (f)--
       (A) by striking ``(f) Report.--'';
       (B) by striking ``the congressional committees specified in 
     subsection (e)(3)'' and inserting ``the congressional defense 
     committees and the Committee on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives'';
       (C) in paragraph (1), by striking ``, including strengths 
     and weaknesses for the purposes described in subsection 
     (a)'';
       (D) in paragraph (2), by striking ``, including for the 
     purposes described in subsection (a)''; and
       (E) in paragraph (3), by striking ``, including for the 
     purposes described in subsection (a)''.
                                 ______
                                 
  SA 4237. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed by him to the bill S. 
2766, to authorize appropriations for fiscal year 2007 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 114. REPLACEMENT EQUIPMENT FOR THE ARMY NATIONAL GUARD.

       In allocating amounts authorized to be appropriated by 
     section 101(5) for other procurement for the Army for the 
     procurement of replacement equipment for the National Guard, 
     the Secretary of Defense shall afford a priority in the 
     allocation of such funds to the States likely to experience a 
     hurricane during the 2007 hurricane season.
                                 ______
                                 
  SA 4238. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1209. MODIFICATION OF LIMITATIONS ON ASSISTANCE UNDER 
                   THE AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 
                   2002.

       Section 2013(13)(A) of the American Servicemembers' 
     Protection Act of 2002 (title II of Public Law 107-206; 116 
     Stat. 909; 22 U.S.C. 7432(13)(A)) is amended by striking ``or 
     5''.
                                 ______
                                 
  SA 4239. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                               Resolution

       Whereas the name ``United Nations'' was first coined by 
     United States President Franklin D. Roosevelt, and used in 
     the ``Declaration by United Nations'' of January 1, 1942;
       Whereas, the United Nations is located in the prestigious 
     Turtle Bay neighborhood of Manhattan overlooking the East 
     River, on spacious grounds donated by John D. Rockefeller, 
     Jr.;
       Whereas, the United States has shared a unique relationship 
     with the United Nations since its founding as being its home 
     state and largest financial contributor;
       Whereas, the United States finances 22 percent of the 
     United Nations' budget and gives even more in voluntary 
     contributions;
       Whereas, recently the Deputy to the Secretary General of 
     the United Nations, Mark Malloch Brown, made disparaging 
     comments against the United States and our support of the 
     United Nations by stating--
       (1) that ``the prevailing practice of seeking to use the 
     U.N. almost by stealth as a diplomatic tool while failing to 
     stand up for it against its domestic critics is simply not 
     sustainable; you will lose the U.N. one way or another'';
       (2) that ``To acknowledge an America reliant on 
     international institutions is not perceived to be good 
     politics at home''; and
       (3) that ``Exacerbating matters is the widely held 
     perception, even among many U.S. allies, that the U.S. tends 
     to hold on to maximalist positions when it could be finding 
     middle ground'';
       Whereas, the thrust of this speech was supported by Kofi 
     Annan, Secretary General of the United Nations;
       Whereas, such illegitimate accusations are both false and 
     unconstructive for a diplomatic environment;
       Whereas the genesis of any negative press regarding the 
     United Nations is not the United States itself, but is openly 
     publicized here due to the well protected freedom of speech 
     and press;
       Whereas the United States seeks management reform within 
     the United Nations to strengthen the institution in order to 
     provide for the mission of the United Nations, better 
     international peacekeeping and disaster relief: Now, 
     therefore, be it
       Resolved, That the United States Senate does hereby declare 
     that the bleating accusations made by Mark Malloch Brown and 
     supported by Kofi Annan are not constructive for a better 
     United Nations, and that comprehensive reform should be 
     enacted to the organization.
                                 ______
                                 
  SA 4240. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, add the following:

     SECTION------. UNITED NATIONS FUNDING STUDY.

       The Office of Management and Budget shall submit to 
     Congress within 90 days of enactment and on an annual basis 
     thereafter a report listing all contributions for the 
     previous fiscal year from the U.S. federal government and all 
     other sources to the United Nations and United Nations 
     affiliated funds, organizations, programs, and other related 
     bodies, including but not limited to employment of U.S. 
     government and military personnel in support of the United 
     Nations and United Nations affiliated funds, organizations, 
     programs, and other related bodies or their operations, 
     voluntary contributions, in-kind contributions, and any 
     additional costs incurred through intelligence gathering and 
     sharing, logistical support and transportation, and assessed 
     contributions. The report shall provide the amount 
     contributed, the nature of the contribution, the department 
     of the U.S. government or other entity responsible for the 
     contribution, the purpose of the contribution, and the United 
     Nations fund, organization, program, or other related body 
     receiving the contribution. Upon submission to Congress, the 
     report shall be publicly available.
                                 ______
                                 
  SA 4241. Mr. McCAIN (for himself, Mr. Frist, Mr. Inhofe, Mr. Kennedy, 
Mr. Roberts, Mr. Byrd, Mr. Sessions, Mr. Lieberman, Ms. Collins, Mr. 
Reed, Mr. Ensign, Mr. Akaka, Mr. Talent, Mr. Nelson of Florida, Mr. 
Chambliss, Mr. Nelson of Nebraska, Mr. Graham, Mr. Dayton, Mrs. Dole, 
Mr. Bayh, Mr. Cornyn, Mrs. Clinton, Mr. Thune, Mr. Allard, and Mr. 
Allen) proposed an amendment to the bill S. 2766, to authorize 
appropriations for fiscal year 2007 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 2, strike lines 1 through 3, and insert the 
     following:

     SECTION 1. SHORT TITLE; FINDINGS.

       (a) Short Title.--This Act may be cited as the ``John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007''.
       (b) Findings.--Congress makes the following findings:
       (1) Senator John Warner of Virginia was elected a member of 
     the United States Senate on November 7, 1978, for a full term 
     beginning on January 3, 1979. He was subsequently appointed 
     by the Governor of Virginia to fill a vacancy on January 2, 
     1979, and has served continuously since that date. He was 
     appointed a member of the Committee on Armed Services in 
     January 1979, and has served continuously on the Committee 
     since that date, a period of nearly 28 years. Senator 
     Warner's service on the Committee represents nearly half of 
     its existence since it was established after World War II.
       (2) Senator Warner came to the Senate and the Committee on 
     Armed Services after a distinguished record of service to the 
     Nation, including combat service in the Armed Forces and high 
     civilian office.
       (3) Senator Warner enlisted in the United States Navy upon 
     graduation from high school in 1945, and served until the 
     summer of 1946, when he was discharged as a Petty Officer 3rd 
     Class. He then attended Washington and Lee University on the 
     G.I. Bill. He graduated in 1949 and entered the University of 
     Virginia Law School.
       (4) Upon the outbreak of the Korean War in 1950, Senator 
     Warner volunteered for active duty, interrupting his 
     education to accept a commission in the United States Marine 
     Corps. He served in combat in Korea as a

[[Page S5892]]

     ground officer in the First Marine Air Wing. Following his 
     active service, he remained in the Marine Corps Reserve for 
     several years, attaining the rank of captain.
       (5) Senator Warner resumed his legal education upon 
     returning from the Korean War and graduated from the 
     University of Virginia Law School in 1953. He was selected by 
     the late Chief Judge E. Barrett Prettyman of the United 
     States Court of Appeals for the District of Columbia Circuit 
     as his law clerk. After his service to Judge Prettyman, 
     Senator Warner became an Assistant United States Attorney in 
     the District of Columbia, and later entered private law 
     practice.
       (6) In 1969, the Senate gave its advice and consent to the 
     appointment of Senator Warner as Under Secretary of the Navy. 
     He served in this position until 1972, when he was confirmed 
     and appointed as the 61st Secretary of the Navy since the 
     office was established in 1798. As Secretary, Senator Warner 
     was the principal United States negotiator and signatory of 
     the Incidents at Sea Executive Agreement with the Soviet 
     Union, which was signed in 1972 and remains in effect today. 
     It has served as the model for similar agreements between 
     states covering the operation of naval ships and aircraft in 
     international sea lanes throughout the world.
       (7) Senator Warner left the Department of the Navy in 1974. 
     His next public service was as Director of the American 
     Revolution Bicentennial Commission. In this capacity, he 
     coordinated the celebration of the Nation's founding, 
     directing the Federal role in all 50 States and in over 20 
     foreign nations.
       (8) Senator Warner has served as chairman of the Committee 
     on Armed Services of the United States Senate from 1999 to 
     2001, and again since January 2003. He served as ranking 
     minority member of the committee from 1987 to 1993, and again 
     from 2001 to 2003. Senator Warner concludes his service as 
     chairman at the end of the 109th Congress, but will remain a 
     member of the committee.
       (9) This Act is the twenty-eighth annual authorization act 
     for the Department of Defense for which Senator Warner has 
     taken a major responsibility as a member of the Committee on 
     Armed Services of the United States Senate, and the 
     fourteenth for which he has exercised a leadership role as 
     chairman or ranking minority member of the committee.
       (10) Senator Warner, as seaman, Marine officer, Under 
     Secretary and Secretary of the Navy, and member, ranking 
     minority member, and chairman of the Committee on Armed 
     Services, has made unique and lasting contributions to the 
     national security of the United States.
       (11) It is altogether fitting and proper that his Act, the 
     last annual authorization Act for the national defense that 
     Senator Warner manages in and for the United States Senate as 
     chairman of the Committee on Armed Services, be named in his 
     honor, as provided in subsection (a).
                                 ______
                                 
  SA 4242. Mr. McCAIN (for himself, Mr. Warner, Mr. Levin, Mr. Graham, 
Mr. Byrd, Mr. Gregg, Mr. Hagel, Mr. Chambliss, Ms. Collins, Mr. Coburn, 
Mr. Conrad, Mr. Reid, Mr. Stevens, Ms. Snowe, Mr. Ensign, Mr. 
Lieberman, Mr. Obama, Mr. Inouye, Mr. Akaka, Mr. Salazar, Mr. Dood, and 
Mr. Burns) proposed an amendment to the bill S. 2766, to authorize 
appropriations for fiscal year 2007 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of subtitle I of title X, insert the following:

     SEC. _. BUDGETING FOR ONGOING MILITARY OPERATIONS.

       The President's budget submitted pursuant to section 
     1105(a) of title 31, United States Code, for each fiscal year 
     after fiscal year 2007 shall include--
       (1) a request for funds for such fiscal year for ongoing 
     military operations in Afghanistan and Iraq;
       (2) an estimate of all funds expected to be required in 
     that fiscal year for such operations; and
       (3) a detailed justification of the funds requested.
                                 ______
                                 
  SA 4243. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle A of title VII, add the following:

     SEC. 707. ENHANCEMENT OF COLORECTAL CANCER SCREENING FOR 
                   TRICARE BENEFICIARIES OVER AGE 50.

       (a) In General.--Subsection (a) of section 1074d of title 
     10, United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) Members and former members of the uniformed services 
     described in paragraph (1) or (2) who are 50 years of age or 
     older shall also be entitled to the colorectal cancer 
     screening tests described in section 1861(pp)(1) of the 
     Social Security Act (42 U.S.C. 1935x(pp)(1)) with such 
     frequency as tests for which payment would be authorized 
     under section 1834(d) of that Act (42 U.S.C. 1935m(d)) 
     without regard to whether such members or former members are 
     at high risk for colorectal cancer (as described in section 
     1861(pp)(2) of that Act) or have otherwise previously 
     exhibited any symptom of or associated with colorectal 
     cancer.''.
       (b) Conforming Amendment.--Subsection (b)(8) of such 
     section is amended by striking ``subsection (a)(2)'' and 
     inserting ``paragraphs (2) and (3) of subsection (a)''.
                                 ______
                                 
  SA 4244. Mr. BIDEN (for himself, Mr. Bingaman, and Mr. Carper) 
submitted an amendment intended to be proposed by him to the bill S. 
2766, to authorize appropriations for fiscal year 2007 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 730. MILITARY VACCINATION MATTERS.

       (a) Additional Element for Comptroller General Study and 
     Report on Vaccine Healthcare Centers.--Section 736(b) of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3356) is amended by adding at 
     the end the following new paragraph:
       ``(10) The feasibility and advisability of transferring 
     direct responsibility for the Centers from the Army Medical 
     Command to the Under Secretary of Defense for Personnel and 
     Readiness and the Assistant Secretary of Defense for Force 
     Protection and Readiness.''.
       (b) Response to Medical Needs Arising From Mandatory 
     Military Vaccinations.--
       (1) In general.--The Secretary of Defense shall maintain a 
     joint military medical center of excellence focusing on the 
     medical needs arising from mandatory military vaccinations.
       (2) Elements.--The joint military medical center of 
     excellence under paragraph (1) shall consist of the 
     following:
       (A) The Vaccine Healthcare Centers of the Department of 
     Defense, which shall be the principal elements of the center.
       (B) Any other elements that the Secretary considers 
     appropriate.
       (3) Authorized activities.--In acting as the principal 
     elements of the joint military medical center under paragraph 
     (1), the Vaccine Healthcare Centers referred to in paragraph 
     (2)(A) may carry out the following:
       (A) Medical assistance and care to individuals receiving 
     mandatory military vaccines and their dependents, including 
     long-term case management for adverse events where necessary.
       (B) Evaluations to identify and treat potential and actual 
     health effects from vaccines before and after their use in 
     the field.
       (C) The development and sustainment of a long-term vaccine 
     safety and efficacy registry.
       (D) Support for an expert clinical advisory board for case 
     reviews related to disability assessment questions.
       (E) Long-term and short-term studies to identify 
     unanticipated benefits and adverse events from vaccines.
       (F) Educational outreach for immunization providers and 
     those required to receive immunizations.
       (G) The development, dissemination, and validation of 
     educational materials for Department of Defense healthcare 
     workers relating to vaccine safety, efficacy, and 
     acceptability.
       (c) Limitation on Restructuring of Vaccine Healthcare 
     Centers.--
       (1) Limitation.--The Secretary of Defense may not downsize 
     or otherwise restructure the Vaccine Healthcare Centers of 
     the Department of Defense until the Secretary submits to 
     Congress a report setting forth a plan for meeting the 
     immunization needs of the Armed Forces during the 10-year 
     period beginning on the date of the submittal of the report.
       (2) Report elements.--The report submitted under paragraph 
     (1) shall include the following:
       (A) An assessment of the potential biological threats to 
     members of the Armed Forces that are addressable by vaccine.
       (B) An assessment of the distance and time required to 
     travel to a Vaccine Healthcare Center by members of the Armed 
     Forces who have severe reactions to a mandatory military 
     vaccine.
       (C) An identification of the most effective mechanisms for 
     ensuring the provision services by the Vaccine Healthcare 
     Centers to both military medical professionals and members of 
     the Armed Forces.
       (D) An assessment of current military and civilian 
     expertise with respect to mass adult immunization programs, 
     including case management under such programs for rare 
     adverse reactions to immunizations.
       (E) An organizational structure for each military 
     department to ensure support of the Vaccine Healthcare 
     Centers in the provision of services to members of the Armed 
     Forces.

[[Page S5893]]

                                 ______
                                 
  SA 4245. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. __. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS 
                   PROGRAM.

       (a) In General.--The Secretaries of the military 
     departments shall take appropriate actions to increase the 
     number of secondary educational institutions at which a unit 
     of the Junior Reserve Officers' Training Corps is organized 
     under chapter 102 of title 10, United States Code.
       (b) Expansion Targets.--In increasing under subsection (a) 
     the number of secondary educational institutions at which a 
     unit of the Junior Reserve Officers' Training Corps is 
     organized, the Secretaries of the military departments shall 
     seek to organize units at an additional number of 
     institutions as follows:
       (1) In the case of Army units, 15 institutions.
       (2) In the case of Navy units, 10 institutions.
       (3) In the case of Marine Corps units, 15 institutions.
       (4) In the case of Air Force units, 10 institutions.
       (c) Funding.--
       (1) Additional amount for operation and maintenance, 
     defense-wide.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance, Defense-wide, 
     is hereby increased by $7,000,000.
       (2) Availability.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance, 
     Defense-wide, as increased by paragraph (1), $7,000,000 may 
     be available for activities under this section.
                                 ______
                                 
  SA 4246. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE 
                   SOUTHERN LAND BORDER OF THE UNITED STATES.

       (a) Authority To Provide Assistance.--(1) With the approval 
     of the Secretary of Defense, the Governor of a State may 
     order any units or personnel of the National Guard of such 
     State to annual training duty under section 502(a) of title 
     32, United States Code, to carry out in any State along the 
     Southern land border of the United States the activities 
     authorized in subsection (b) for the purpose of securing such 
     border. Such duty shall not exceed 21 days in any year.
       (2) With the approval of the Secretary of Defense, the 
     Governor of a State may order any units or personnel of the 
     National Guard of such State to perform duty under section 
     502(f) of title 32, United States Code, to provide command, 
     control, and continuity of support for units and personnel 
     performing annual training duty under paragraph (1).
       (b) Authorized Activities.--The activities authorized by 
     this subsection are the following:
       (1) Ground surveillance activities.
       (2) Airborne surveillance activities.
       (3) Logistical support.
       (4) Provision of translation services and training.
       (5) Provision of administrative support services.
       (6) Provision of technical training services.
       (7) Provision of emergency medical assistance and services.
       (8) Provision of communications services.
       (9) Rescue of aliens in peril.
       (10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States.
       (11) Ground and air transportation.
       (c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of an 
     emergency management assistance compact or other cooperative 
     arrangement entered into between the Governors of such States 
     for purposes of this section, and only with the approval of 
     the Secretary of Defense.
       (d) Coordination of Assistance.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     performance of activities under this section by units and 
     personnel of the National Guard.
       (e) Annual Training.--Annual training duty performed by 
     members of the National Guard under this section shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty.
       (f) Prohibition on Direct Participation in Law 
     Enforcement.--Activities carried out under this section shall 
     not include the direct participation of a member of the 
     National Guard in a search, seizure, arrest, or similar 
     activity.
       (g) Duration of Authority.--The authority of this section 
     shall expire on January 1, 2009.
       (h) Definitions.--In this section:
       (1) The term ``Governor of a State'' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       (2) The term ``State'' means each of the several States and 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, and the Virgin Islands.
       (3) The term ``State along the southern land border of the 
     United States'' means each of the following:
       (A) The State of Arizona.
       (B) The State of California.
       (C) The State of New Mexico.
       (D) The State of Texas.
                                 ______
                                 
  SA 4247. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1066. REPORT ON TECHNOLOGIES FOR NEUTRALIZING OR 
                   DEFEATING THREATS TO MILITARY ROTARY WING 
                   AIRCRAFT FROM PORTABLE AIR DEFENSE SYSTEMS AND 
                   ROCKET PROPELLED GRENADES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on technologies for neutralizing 
     or defeating threats to military rotary wing aircraft posed 
     by portable air defense systems and rocket propelled grenades 
     that are being researched, developed, employed, or considered 
     by the United States Government or the North Atlantic Treaty 
     Organization.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) an assessment of the expected value and utility of the 
     technologies, particularly with respect to--
       (A) the saving of lives;
       (B) the ability to reduce the vulnerability of aircraft; 
     and
       (C) the enhancement of the ability of aircraft and their 
     crews to accomplish assigned missions;
       (2) an assessment of the potential costs of developing and 
     deploying such technologies;
       (3) a description of efforts undertaken to develop such 
     technologies, including--
       (A) non-lethal counter measures;
       (B) lasers and other systems designed to dazzle, impede, or 
     obscure threatening weapon or their users;
       (C) direct fire response systems;
       (D) directed energy weapons; and
       (E) passive and active systems; and
       (4) a description of any impediments to the development of 
     such technologies, such as legal restrictions under the law 
     of war, treaty restrictions under the Protocol on Blinding 
     Lasers, and political obstacles such as the reluctance of 
     other allied countries to pursue such technologies.
                                 ______
                                 
  SA 4248. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. DEFINITION OF MEMBER OF THE SPECIAL EXPOSURE 
                   COHORT.

       Section 3621(14) of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 
     7384l(14)) is amended by adding at the end the following:
       ``(D) The employee--
       ``(i) was so employed by the Department of Energy, or a 
     contractor or subcontractor of that Department, before 1986 
     on--

       ``(I) Enewetak Atoll;
       ``(II) Bikini Atoll;
       ``(III) Rongelap Atoll; or
       ``(IV) Utrik Atoll;

       ``(ii) was exposed to ionizing radiation in the performance 
     of a duty of the employee; and
       ``(iii) during the time the employee was so employed, was a 
     citizen of the Trust Territory of the Pacific Islands.''.
                                 ______
                                 
  SA 4249. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an

[[Page S5894]]

amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, 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. 215. ENVIRONMENTAL IMPACT STATEMENT ON WHITE SANDS 
                   MISSILE RANGE, NEW MEXICO.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation, army.--The amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation for the Army is hereby increased by $5,000,000.
       (b) Availability of Amount.--
       (1) In general.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $5,000,000 may be available for the development of a 
     range-wide environmental impact statement with respect to 
     White Sands Missile Range, New Mexico.
       (2) Construction with other amounts.--The amount available 
     under paragraph (1) for the purpose set forth in that 
     paragraph is in addition to any amounts available under this 
     Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(1) for operation and maintenance for Army is 
     hereby reduced by $5,000,000.
                                 ______
                                 
  SA 4250. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. 215. WATER TREATMENT TECHNOLOGIES.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation, Navy.--The amount authorized to be appropriated 
     by section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby increased by $4,000,000.
       (b) Availability of Amount.--
       (1) In general.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, as increased by subsection 
     (a), $4,000,000 may be available for research and development 
     on water treatment technologies that will reduce the cost of 
     producing safe drinking water through desalinization, 
     contaminant removal, water reuse, and other mechanisms.
       (2) Construction with other amounts.--The amount available 
     under paragraph (1) for the purpose set forth in that 
     paragraph is in addition to any amounts available under this 
     Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(2) for operation and maintenance for Navy is 
     hereby reduced by $4,000,000.
                                 ______
                                 
  SA 4251. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 573, after line 20, add the following:

     SEC. 3121. DECONTAMINATION AND DECOMMISSIONING OF PROCESS-
                   CONTAMINATED FACILITIES.

       (a) In General.--The Secretary of Energy is authorized to 
     undertake immediate decommissioning and decontamination of 
     process-contaminated facilities located at National Nuclear 
     Security Administration facilities. The Secretary shall 
     allocate not less than $75,000,000 for such activities out of 
     the amount made available under section 3102 for fiscal year 
     2007 for defense environmental cleanup activities.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Energy shall submit 
     to Congress a report identifying all excess process-
     contaminated National Nuclear Security Administration 
     facilities and a plan, including a strategy and budgetary 
     requirements, for decontaminating such facilities.
                                 ______
                                 
  SA 4252. Mr. REID (for himself, Mr. Leahy, Mr. Specter, and Mr. 
Durbin) submitted an amendment intended to be proposed by him to the 
bill S. 2766, to authorize appropriations for fiscal year 2007 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title X of division A, insert the following:

     SEC. 1084. COURT SECURITY IMPROVEMENTS.

       (a) Judicial Branch Security Requirements.--
       (1) Ensuring consultation and coordination with the 
     judiciary.--Section 566 of title 28, United States Code, is 
     amended by adding at the end the following:
       ``(i) The Director of the United States Marshals Service 
     shall consult and coordinate with the Judicial Conference of 
     the United States on a continuing basis regarding the 
     security requirements for the judicial branch of the United 
     States Government.''.
       (2) Conforming amendment.--Section 331 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``The Judicial Conference shall consult and coordinate with 
     the Director of United States Marshals Service on a 
     continuing basis regarding the security requirements for the 
     judicial branch of the United States Government.''.
       (b) Protection of Family Members.--Section 105(b)(3) of the 
     Ethics in Government Act of 1978 (5 U.S.C. App.) is amended--
       (1) in subparagraph (A), by inserting ``or a family member 
     of that individual'' after ``that individual''; and
       (2) in subparagraph (B)(i), by inserting ``or a family 
     member of that individual'' after ``the report''.
       (c) Extension of Sunset Provision.--Section 105(b)(3) of 
     the Ethics in Government Act of 1978 (5 U.S.C. App) is 
     amended by striking ``2005'' each place that term appears and 
     inserting ``2009''.
       (d) Protections Against Malicious Recording of Fictitious 
     Liens Against Federal Judges and Federal Law Enforcement 
     Officers.--
       (1) Offense.--Chapter 73 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL 
                   LAW ENFORCEMENT OFFICER BY FALSE CLAIM OR 
                   SLANDER OF TITLE.

       ``(a) Whoever files or attempts to file, in any public 
     record or in any private record which is generally available 
     to the public, any false lien or encumbrance against the real 
     or personal property of a Federal judge or a Federal law 
     enforcement official, on account of the performance of 
     official duties by that Federal judge or Federal law 
     enforcement official, knowing or having reason to know that 
     such lien or encumbrance is false or contains any materially 
     false, fictitious, or fraudulent statement or representation, 
     shall be fined under this title or imprisoned for not more 
     than 10 years, or both.
       ``(b) As used in this section--
       ``(1) the term `Federal judge' means a justice or judge of 
     the United States as defined in section 451 of title 28, 
     United States Code, a judge of the United States Court of 
     Federal Claims, a United States bankruptcy judge, a United 
     States magistrate judge, and a judge of the United States 
     Court of Appeals for the Armed Forces, United States Court of 
     Appeals for Veterans Claims, United States Tax Court, 
     District Court of Guam, District Court of the Northern 
     Mariana Islands, or District Court of the Virgin Islands; and
       ``(2) the term `Federal law enforcement officer' has the 
     meaning given that term in section 115 of this title and 
     includes an attorney who is an officer or employee of the 
     United States in the executive branch of the Government.''.
       (2) Clerical amendment.--The chapter analysis for chapter 
     73 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``1521.  Retaliating against a Federal judge or Federal law enforcement 
              officer by false claim or slander of title.''.

       (e) Protection of Individuals Performing Certain Official 
     Duties.--
       (1) Offense.--Chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following:

     ``SEC. 118. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN 
                   OFFICIAL DUTIES.

       ``(a) Whoever knowingly makes restricted personal 
     information about a covered official, or a member of the 
     immediate family of that covered official, publicly 
     available, with the intent that such restricted personal 
     information be used to kill, kidnap, or inflict bodily harm 
     upon, or to threaten to kill, kidnap, or inflict bodily harm 
     upon, that covered official, or a member of the immediate 
     family of that covered official, shall be fined under this 
     title and imprisoned not more than 5 years, or both.
       ``(b) As used in this section--
       ``(1) the term `restricted personal information' means, 
     with respect to an individual, the Social Security number, 
     the home address, home phone number, mobile phone number, 
     personal email, or home fax number of, and identifiable to, 
     that individual;
       ``(2) the term `covered official' means--
       ``(A) an individual designated in section 1114;
       ``(B) a Federal judge or Federal law enforcement officer as 
     those terms are defined in section 1521; or
       ``(C) a grand or petit juror, witness, or other officer in 
     or of, any court of the United

[[Page S5895]]

     States, or an officer who may be serving at any examination 
     or other proceeding before any United States magistrate judge 
     or other committing magistrate; and
       ``(3) the term `immediate family' has the same meaning 
     given that term in section 115(c)(2).''.
       (2) Clerical amendment.--The chapter analysis for chapter 7 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``Sec. 117. Domestic assault by an habitual offender.
``Sec. 118. Protection of individuals performing certain official 
              duties.''.

       (f) Prohibition of Possession of Dangerous Weapons in 
     Federal Court Facilities.--Section 930(e)(1) of title 18, 
     United States Code, is amended by inserting ``or other 
     dangerous weapon'' after ``firearm''.
       (g) Clarification of Venue for Retaliation Against a 
     Witness.--Section 1513 of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(g) A prosecution under this section may be brought in 
     the district in which the official proceeding (whether or not 
     pending, about to be instituted or completed) was intended to 
     be affected, or in which the conduct constituting the alleged 
     offense occurred.''.
       (h) Witness Protection Grant Program.--Title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3711 et seq.) is amended by adding at the end the following 
     new part:

                  ``PART JJ--WITNESS PROTECTION GRANTS

     ``SEC. 3001. PROGRAM AUTHORIZED.

       ``(a) In General.--From amounts made available to carry out 
     this part, the Attorney General may make grants to States, 
     units of local government, and Indian tribes to create and 
     expand witness protection programs in order to prevent 
     threats, intimidation, and retaliation against victims of, 
     and witnesses to, crimes.
       ``(b) Uses of Funds.--Grants awarded under this part shall 
     be--
       ``(1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       ``(2) used for the creation and expansion of witness 
     protection programs in the jurisdiction of the grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this part, the Attorney General may give preferential 
     consideration, if feasible, to an application from a 
     jurisdiction that--
       ``(1) has the greatest need for witness and victim 
     protection programs;
       ``(2) has a serious violent crime problem in the 
     jurisdiction; and
       ``(3) has had, or is likely to have, instances of threats, 
     intimidation, and retaliation against victims of, and 
     witnesses to, crimes.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $20,000,000 for each of fiscal years 2006 through 2010.''.
       (i) Grants to States to Protect Witnesses and Victims of 
     Crimes.--
       (1) In general.--Section 31702 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13862) is 
     amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(5) to create and expand witness and victim protection 
     programs to prevent threats, intimidation, and retaliation 
     against victims of, and witnesses to, violent crimes.''.
       (2) Authorization of appropriations.--Section 31707 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13867) is amended to read as follows:

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     each of the fiscal years 2006 through 2010 to carry out this 
     subtitle.''.
       (j) Eligibility of State Courts for Certain Federal 
     Grants.--
       (1) Correctional options grants.--Section 515 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3762a) is amended--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking ``and'' at the end;
       (ii) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following:
       ``(4) grants to State courts to improve security for State 
     and local court systems.''; and
       (B) in subsection (b), by inserting after the period the 
     following:

     ``Priority shall be given to State court applicants under 
     subsection (a)(4) that have the greatest demonstrated need to 
     provide security in order to administer justice.''.
       (2) Allocations.--Section 516(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is 
     amended by--
       (A) striking ``80'' and inserting ``70'';
       (B) striking ``and 10'' and inserting ``10''; and
       (C) inserting before the period the following: ``, and 10 
     percent for section 515(a)(4)''.
       (k) United States Court of Appeals for Veterans Claims.--
     Section 7253(e) of title 38, United States Code, is amended 
     by striking ``district courts'' and inserting ``Courts of 
     Appeals''.
       (l) Bankruptcy, Magistrate, and Territorial Judges Life 
     Insurance.--
       (1) Bankruptcy judges.--Section 153 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(e) For purposes of construing and applying chapter 87 of 
     title 5, United States Code, including any adjustment of 
     insurance rates by regulation or otherwise, a bankruptcy 
     judge of the United States in regular active service or who 
     is retired under section 377 of this title shall be deemed to 
     be a judge of the United States described under section 
     8701(a)(5) of title 5.''.
       (2) United states magistrate judges.--Section 634(c) of 
     title 28, United States Code, is amended--
       (A) by inserting ``(1)'' after ``(c)''; and
       (B) by adding at the end the following:
       ``(2) For purposes of construing and applying chapter 87 of 
     title 5, United States Code, including any adjustment of 
     insurance rates by regulation or otherwise, a magistrate 
     judge of the United States in regular active service or who 
     is retired under section 377 of this title shall be deemed to 
     be a judge of the United States described under section 
     8701(a)(5) of title 5.''.
       (3) Territorial judges.--
       (A) Guam.--Section 24 of the Organic Act of Guam (48 U.S.C. 
     1424b) is amended by adding at the end the following:
       ``(c) For purposes of construing and applying chapter 87 of 
     title 5, United States Code, including any adjustment of 
     insurance rates by regulation or otherwise, a judge appointed 
     under this section who is in regular active service or who is 
     retired under section 373 of title 28, United States Code, 
     shall be deemed to be a judge of the United States described 
     under section 8701(a)(5) of title 5.''.
       (B) Commonwealth of the northern mariana islands.--Section 
     1(b) of the Act of November 8, 1977 (48 U.S.C. 1821) is 
     amended by adding at the end the following:
       ``(5) For purposes of construing and applying chapter 87 of 
     title 5, United States Code, including any adjustment of 
     insurance rates by regulation or otherwise, a judge appointed 
     under this section who is in regular active service or who is 
     retired under section 373 of title 28, United States Code, 
     shall be deemed to be a judge of the United States described 
     under section 8701(a)(5) of title 5.''.
       (C) Virgin islands.--Section 24(a) of the Revised Organic 
     Act of the Virgin Islands (48 U.S.C. 1614(a)) is amended--
       (i) by inserting ``(1)'' after ``(a)''; and
       (ii) by adding at the end the following:
       ``(2) For purposes of construing and applying chapter 87 of 
     title 5, United States Code, including any adjustment 
     of insurance rates by regulation or otherwise, a judge 
     appointed under this section who is in regular active service 
     or who is retired under section 373 of title 28, United 
     States Code, shall be deemed to be a judge of the United 
     States described under section 8701(a)(5) of title 5.''.
       (m) Health Insurance for Surviving Family and Spouses of 
     Judges.--Section 8901(3) of title 5, United States Code, is 
     amended--
       (1) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (D), by adding ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(E) a member of a family who is a survivor of--
       ``(i) a Justice or judge of the United States, as defined 
     under section 451 of title 28, United States Code;
       ``(ii) a judge of the District Court of Guam, the District 
     Court of the Northern Mariana Islands, or the District Court 
     of the Virgin Islands;
       ``(iii) a judge of the United States Court of Federal 
     Claims; or
       ``(iv) a United States bankruptcy judge or a full-time 
     United States magistrate judge.''.

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