[Congressional Record Volume 152, Number 106 (Thursday, August 3, 2006)]
[Senate]
[Pages S8861-S8869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4851. Mr. BIDEN (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:


[[Page S8862]]


       At the end of title VIII, add the following:
       Sec. 8109. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended by the 
     United States Government for a purpose as follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
                                 ______
                                 
  SA 4852. Mr. BIDEN (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title VI under the heading ``Defense Health 
     Program'', up to $6,000,000 may be available for Vaccine 
     Health Care Centers.
                                 ______
                                 
  SA 4853. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 5631, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2007, 
and for other purposes; as follows:

       On page 238, after line 24, insert the following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2007, for functions administered by the 
     Secretary of State and for other purposes, namely:

                                TITLE X

                   CUBA FUND FOR A DEMOCRATIC FUTURE

       Sec. 10001.(a) To promote a transition to a democratic form 
     of government in Cuba, $40,000,000.
       (b) The amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of S. Con. 
     Res. 83 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2007, as made applicable in the Senate 
     by section 7035 of Public Law 109-234.
       (c) The amounts provided under this heading shall be 
     deposited into a fund to be known as the Cuba Fund for a 
     Democratic Future which is hereby established in the Treasury 
     of the United States.
       (d) The amounts provided under this heading shall be 
     available to the Secretary of State, in consultation with the 
     United States Cuba Transition Coordinator, to carry out 
     activities to empower the people of Cuba and the democratic 
     opposition in Cuba to take advantage of opportunities to 
     promote a transition to a democratic form of government in 
     Cuba, including activities--
       (1) to support an independent civil society in Cuba;
       (2) to expand international awareness of Cuba's democratic 
     aspirations;
       (3) to break the information blockade put in place by the 
     regime of Fidel Castro in Cuba, including activities to 
     promote access to independent information through the 
     Internet and other sources;
       (4) to provide for education and exchanges for the people 
     of Cuba, including university training from third countries 
     and scholarships for economically disadvantaged students from 
     Cuba identified by independent nongovernmental entities and 
     civic organizations in United States and third country 
     universities (including historically-black and faith-based 
     institutions); and
       (5) to support international efforts to strengthen civil 
     society and in transition planning in Cuba.
       (e) If the President determines that there exists either a 
     transition government in Cuba or a democratically elected 
     government in Cuba, as those terms are defined in section 4 
     of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
     of 1996 (22 U.S.C. 6023) and submits that determination to 
     Congress in accordance with section 203(c) of that Act (22 
     U.S.C. 6063), then the funds made available for the Cuba Fund 
     for a Democratic Future may be used, at the discretion of the 
     Secretary of State in accordance with the guidelines set out, 
     respectively, in subsection (b)(2)(A) or (b)(2)(B) of section 
     202 of that Act (22 U.S.C. 6062).
       (f) The Secretary of State shall ensure that none of the 
     funds made available in this section or any assistance 
     carried out with such funds are provided to the Government of 
     Cuba.
       (g) Not later than 180 days after the date of the enactment 
     of this Act, and every 180 days thereafter until all amounts 
     made available to the Cuba Fund for a Democratic Future are 
     expended, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives a report describing the Secretary's progress 
     in obligating and expending such funds and that such reports 
     may be submitted in a classified form and the Secretary of 
     State shall publish any unclassified portions of each such 
     report.
                                 ______
                                 
  SA 4854. Mr. DODD (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. (a) Cost Analysis of Engine Program for Joint 
     Strike Fighter.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall provide for the 
     conduct, by a federally funded research and development 
     center (FFRDC) with appropriate expertise, of a cost analysis 
     of the engine program for the Joint Strike Fighter (JSF).
       (b) Elements.--The cost analysis conducted under subsection 
     (a) shall address the following:
       (1) A comparison of the costs associated with the 
     development of F-135 engines with the costs associated with 
     the development of F-136 engines.
       (2) An assessment of the savings to be achieved by 
     eliminating or continuing the development and production of 
     an alternative engine for the Joint Strike Fighter over the 
     life-cycle of the Joint Strike Fighter.
       (3) An assessment of the effects on the industrial base of 
     the United States of eliminating or continuing the 
     development and production of an alternative engine for the 
     Joint Strike Fighter over the life-cycle of the Joint Strike 
     Fighter.
       (4) Any other matters than the Under Secretary of Defense 
     considers appropriate.
       (c) Transmittal to Congress.--The cost analysis conducted 
     under subsection (a) shall be submitted to the congressional 
     defense committees not later than March 15, 2007.
                                 ______
                                 
  SA 4855. Mr. DODD (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test and Evaluation, Navy'', up to $1,000,000 
     may be available for Energy Regeneration and Conversion Fuel 
     Cell Systems to address Navy Unmanned Underwater Vehicle 
     requirements.
                                 ______
                                 
  SA 4856. Mr. DODD (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'', up to 
     $1,500,000 may be available for the development of a field-
     deployable hydrogen fueling station.
                                 ______
                                 
  SA 4857. Mr. KENNEDY (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 160, line 7, strike ``; or'' and insert a 
     semicolon.
       On page 160, line 14, strike the period at the end and 
     insert the following: ``; or
       (C) offering to such workers a retirement benefit that in 
     any year costs less than the annual retirement cost factor 
     applicable to Department of Defense civilian employees under 
     chapter 84 of title 5, United States Code.
                                 ______
                                 
  SA 4858. Mrs. BOXER (for herself and Mr. Graham) submitted an 
amendment intended to be proposed by her to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. No funds appropriated or otherwise made 
     available by this Act may be used by the Government of the 
     United States to enter into an agreement with the Government 
     of Iraq that would subject members of the Armed Forces of the 
     United States to the jurisdiction of Iraq criminal courts or 
     punishment under Iraq law.

                                 ______
                                 
  SA 4859. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill H.R. 5631, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Not later than March 31, 2007, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report setting forth the assessment of the Secretary 
     regarding the implementation of the new health care benefit 
     to help the children of members of the Armed Forces who died 
     on active duty, including--

[[Page S8863]]

       (1) a statement of the reasons for the delay in 
     implementation of such benefit;
       (2) an analysis of the new call centers established to help 
     survivors of such members obtain the benefits to which they 
     are entitled; and
       (3) an assessment of whether the various survivor benefit 
     programs under the Department of Defense are adequately 
     staffed to carry out their mission in a timely and efficient 
     manner.
                                 ______
                                 
  SA 4860. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; as follows:

       At the end of title VIII, add the following:
       Sec. 8019. Of the amount appropriated or otherwise made 
     available by title III under the heading ``Procurement, 
     Defense-Wide'', up to $12,600,000 may be available for the 
     completion of the final phase of the activity described on 
     pages 337 through 339 of Volume II of Book 1 of the Fiscal 
     Year 2007 Congressional Budget Justification Book of a 
     component of the intelligence community.
                                 ______
                                 
  SA 4861. Mr. NELSON of Florida (for himself, Mr. Martinez, Mr. 
Bingaman, and Mr. Domenici) submitted an amendment intended to be 
proposed by him to the bill H.R. 5631, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2007, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 218, between lines 6 and 7, insert the following:
       Sec. 8109. (a) Except as provided in subsection (b), none 
     of the funds appropriated or otherwise made available by this 
     Act may be used to realign or close any developmental or 
     operational test and evaluation installation, activity, 
     facility, laboratory, unit, function, or capability of the 
     Air Force Material Command.
       (b) The prohibition under subsection (a) does not apply to 
     realignment and closure activities carried out in accordance 
     with the final recommendations of the Defense Base Closure 
     and Realignment Commission under the 2005 round of defense 
     base closure and realignment.
                                 ______
                                 
  SA 4862. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 5631, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. (a) Additional Amount Within Research, 
     Development, Test and Evaluation, Air Force, for KC-135 
     Tanker Replacement Fund.--The amount available in title IV 
     under the heading ``Research, Development, Test and 
     Evaluation, Air Force'' for the KC-135 Tanker Replacement 
     Fund is hereby increased by $100,000,000.
       (b) Reduction of Amount Within Research, Development, Test 
     and Evaluation, Air Force, for Transformational Satcom.--The 
     amount available in title IV under the heading ``Research, 
     Development, Test and Evaluation, Air Force'' for the 
     Transformational SATCOM (TSAT) program is hereby reduced by 
     $100,000,000.
                                 ______
                                 
  SA 4863. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title II under the heading ``Operation and 
     Maintenance, Navy'', up to $3,000,000 may be available to the 
     Navy to fund improvements to physical security at Navy 
     recruiting stations and to improve data security.
                                 ______
                                 
  SA 4864. Mr. NELSON of Florida (for himself, Mr. Martinez, Mr. 
Bingaman, and Mr. Domenici) submitted an amendment intended to be 
proposed by him to the bill H.R. 5631, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2007, 
and for other purposes; as follows:

       On page 218, between lines 6 and 7, insert the following:
       Sec. 8109. (a) Except as provided in subsection (b), the 
     Secretary of the Air Force shall, not later than March 31, 
     2007, submit to the congressional defense committees a cost-
     benefit analysis of significant proposed realignments or 
     closures of research and development or test and evaluation 
     installations, activities, facilities, laboratories, units, 
     functions, or capabilities of the Air Force. The analysis 
     shall include an evaluation of missions served and 
     alternatives considered and of the benefits, costs, risks, 
     and other considerations associated with each such proposed 
     realignment or closure.
       (b) The prohibition under subsection (a) does not apply to 
     realignment and closure activities carried out in accordance 
     with the final recommendations of the Defense Base Closure 
     and Realignment Commission under the 2005 round of defense 
     base closure and realignment.
                                 ______
                                 
  SA 4865. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. (a) Availability of Operation and Maintenance, 
     Army, Funds for Certain Grants.--Of the amount appropriated 
     or otherwise made available by title II under the heading 
     ``Operation and Maintenance, Army'', up to $4,000,000 may be 
     available for grants described in subsection (c).
       (b) Availability of Operation and Maintenance, Marine 
     Corps, Funds for Certain Grants.--Of the amount appropriated 
     or otherwise made available by title II under the heading 
     ``Operation and Maintenance, Marine Corps'', up to $1,000,000 
     may be available for grants described in subsection (c).
       (c) Covered Grants.--Grants described in this subsection 
     are grants to eligible entities to carry out demonstration 
     projects to assess the feasibility and advisability of 
     utilizing community-based settings for the provision of 
     assistance to members of the National Guard and Reserve who 
     serve in Operation Iraqi Freedom and Operation Enduring 
     Freedom and their families on their return from deployment, 
     including--
       (1) services to improve the reuniting of such members of 
     the National Guard and Reserve and their families;
       (2) education to increase awareness of the physical and 
     mental health conditions that members of the National Guard 
     and Reserve can and may experience on their return from such 
     deployment, including education on--
       (A) Post Traumatic Stress Disorder (PTSD) and traumatic 
     brain injury (TBI); and
       (B) mechanisms for the referral of such members of the 
     National Guard and Reserve for medical and mental health 
     screening and care when necessary; and
       (3) education to increase awareness of the physical and 
     mental health conditions that family members of such members 
     of the National Guard and Reserve can and may experience on 
     the return of such members from such deployment, including 
     education on--
       (A) depression, anxiety, and relationship problems; and
       (B) mechanisms for medical and mental health screening and 
     care when appropriate.
                                 ______
                                 
  SA 4866. Mr. OBAMA (for himself, Mr. Dorgan, and Mr. Durbin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5631, making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 218, between lines 6 and 7, insert the following:
       Sec. 8109. None of the funds appropriated or otherwise made 
     available by this Act may be used to delay or prevent the 
     construction of a windmill turbine project without clear and 
     convincing evidence that the completed project would 
     interfere with military readiness, as determined by the 
     report submitted under section 358 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3208).
                                 ______
                                 
  SA 4867. Mr. BYRD (for himself and Mr. DeWine) submitted an amendment 
intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title II under the heading ``Operation and 
     Maintenance, Army National Guard'', up to $7,500,000 may be 
     available to renovate and repair existing barracks at Camp 
     Perry, Port Clinton, Ohio.
                                 ______
                                 
  SA 4868. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page __, between lines __ and __, insert the following:
       Sec. __. Of the amount appropriated by title IX under the 
     heading ``Operation and Maintenance Defense-Wide'', up to 
     $5,000,000 may be used for community-based programs that 
     provide mental health and readjustment assistance to members 
     of the National Guard and Reserve and their families on their 
     return from deployment.
                                 ______
                                 
  SA 4869. Ms. CANTWELL submitted an amendment intended to be proposed

[[Page S8864]]

by her to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, insert the following:
       Sec. 8109. (a) Reports on Withdrawal or Diversion of 
     Equipment From Reserve Units for Support of Reserve Units 
     Being Mobilized and Other Units.--Chapter 1007 of title 10, 
     United States Code, is amended by inserting after section 
     10208 the following new section:

     ``Sec. 10208a. Mobilization: reports on withdrawal or 
       diversion of equipment from Reserve units for support of 
       Reserve units being mobilized and other units

       ``(a) Report Required on Withdrawal or Diversion of 
     Equipment.--Not later than 90 days after withdrawing or 
     diverting equipment from a unit of the Reserve to a unit of 
     the Reserve being ordered to active duty under section 12301, 
     12302, or 12304 of this title, or to a unit or units of a 
     regular component of the armed forces, for purposes of the 
     discharge of the mission of such unit or units, the Secretary 
     concerned shall submit to the Secretary of Defense a status 
     report on the withdrawal or diversion of such equipment.
       ``(b) Elements.--Each status report under subsection (a) on 
     equipment withdrawn or diverted shall include the following:
       ``(1) A plan to recapitalize or replace such equipment 
     within the unit from which withdrawn or diverted.
       ``(2) If such equipment is to remain in a theater of 
     operations while the unit from which withdrawn or diverted 
     returns to the United States, a plan to provide such unit 
     with recapitalized or replacement equipment appropriate to 
     ensure the continuation of the readiness training of such 
     unit.
       ``(3) A signed memorandum of understanding between the 
     active or reserve component to which withdrawn or diverted 
     and the reserve component from which withdrawn or diverted 
     that specifies--
       ``(A) how such equipment will be tracked; and
       ``(B) when such equipment will be returned to the component 
     from which withdrawn or diverted.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1007 of such title is amended by 
     inserting after the item relating to section 10208 the 
     following new item:

``10208a. Mobilization: reports on withdrawal or diversion of equipment 
              from Reserve units for support of Reserve units being 
              mobilized and other units.''.
                                 ______
                                 
  SA 4870. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. (a) Availability of Assistance for Local 
     Educational Agencies.--To assist communities making 
     adjustments resulting from changes in the size of the Armed 
     Forces, the Secretary of Defense shall make payments to 
     eligible local educational agencies that, during the period 
     between the end of the school year preceding the fiscal year 
     for which the payments are authorized and the beginning of 
     the school year immediately preceding that school year, had 
     (as determined by the Secretary of Defense in consultation 
     with the Secretary of Education) an overall increase of--
       (1) not less than 5 percent in the average daily attendance 
     of military dependent students enrolled in the schools served 
     by the eligible local educational agencies; or
       (2) not less than 250 military dependent students enrolled 
     in the schools served by the eligible local educational 
     agencies.
       (b) Notification.--Not later than June 30 of each of fiscal 
     years 2007 and 2008, the Secretary of Defense shall notify 
     each eligible local educational agency for such fiscal year--
       (1) that the local educational agency is eligible for 
     assistance under this section; and
       (2) of the amount of the assistance for which the eligible 
     local educational agency qualifies, as determined under 
     subsection (c).
       (c) Amount of Assistance.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Education, make assistance 
     available to eligible local educational agencies for a fiscal 
     year on a pro rata basis, as described in paragraph (2).
       (2) Pro rata distribution.--
       (A) In general.--The amount of the assistance provided 
     under this section to an eligible local educational agency 
     for a fiscal year shall be equal to the product obtained by 
     multiplying--
       (i) the per-student rate determined under subparagraph (B) 
     for such fiscal year; by
       (ii) the overall increase in the number of military 
     dependent students in the schools served by the eligible 
     local educational agency, as determined under subsection (a).
       (B) Per-student rate.--For purposes of subparagraph (A), 
     the per-student rate for a fiscal year shall be equal to the 
     dollar amount obtained by dividing--
       (i) the amount of funds available for such fiscal year to 
     provide assistance under this section; by
       (ii) the sum of the overall increases, as determined under 
     subparagraph (A)(ii), in the number of military dependent 
     students for all eligible local educational agencies for that 
     fiscal year.
       (d) Disbursement of Funds.--The Secretary of Defense shall 
     disburse assistance made available under this section for a 
     fiscal year, not later than 30 days after the date on which 
     the Secretary of Defense notified the eligible local 
     educational agencies under subsection (b) for the fiscal 
     year.
       (e) Consultation.--The Secretary of Defense shall carry out 
     this section in consultation with the Secretary of Education.
       (f) Reports.--
       (1) Reports required.--Not later than May 1 of each of 
     2007, 2008, and 2009, the Secretary of Defense shall submit 
     to the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives a 
     report on the assistance provided under this section during 
     the fiscal year preceding the date of such report.
       (2) Element of report.--Each report described in paragraph 
     (1) shall include an assessment and description of the 
     current compliance of each eligible local educational agency 
     with the requirements of part A of title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
       (g) Funding.--Of the amount appropriated or otherwise made 
     available by title II under the heading ``Operation and 
     Maintenance, Defense-Wide'' up to $15,000,000 may be 
     available for the purpose of providing assistance to eligible 
     local educational agencies under this section.
       (h) Termination.--The authority of the Secretary of Defense 
     to provide financial assistance under this section shall 
     expire on September 30, 2008.
       (i) Definitions.--In this section:
       (1) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means, for a fiscal year, a local 
     educational agency--
       (A) for which not less than 20 percent (as rounded to the 
     nearest whole percent) of the students in average daily 
     attendance in the schools served by the local educational 
     agency during the preceding school year were military 
     dependent students that were counted under section 8003(a)(1) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7703(a)(1)); and
       (B) for which the required overall increase in the number 
     of military dependent students enrolled in schools served by 
     the local educational agency, as described in subsection (a), 
     occurred as a result of the global rebasing plan of the 
     Department of Defense.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 8013 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7713).
       (3) Military dependent student.--The term ``military 
     dependent student'' means--
       (A) an elementary school or secondary school student who is 
     a dependent of a member of the Armed Forces; or
       (B) an elementary school or secondary school student who is 
     a dependent of a civilian employee of the Department of 
     Defense.
                                 ______
                                 
  SA 4871. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 5631, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 218, between lines 6 and 7, insert the following:
       Sec. 8109. There are authorized to be appropriated 
     $1,551,865 exclusively for benefits to a multiemployer 
     pension plan in the New England Fishery for fish lumpers if 
     such plan is undercapitalized due to fishery capacity 
     reduction and fish restrictions.
                                 ______
                                 
  SA 4872. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 5631, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 218, between lines 6 and 7, insert the following:
       Sec. 8109. (a) The amount appropriated or otherwise made 
     available by this Act is hereby increased by $1,551,865.
       (b) Of the amount appropriated or otherwise made available 
     by this Act, as increased by subsection (a), $1,551,865 shall 
     be used exclusively for benefits to a multiemployer pension 
     plan in the New England Fishery for fish lumpers if such plan 
     is undercapitalized due to fishery capacity reduction and 
     fish restrictions.
       (c) The amount made available under subsection (a) is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2007, as made 
     applicable in the Senate by section 7035 of Public Law 109-
     234.
                                 ______
                                 
  SA 4873. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes;

[[Page S8865]]

which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. No funds appropriated or otherwise made 
     available for the Department of Defense by this Act may be 
     obligated or expended for the Threat and Local Observation 
     Notice (TALON) Program or any similar program of the 
     Department of Defense for the collection, storage, or 
     analysis of information on United States citizens who pose no 
     threat to the military or its facilities, including United 
     States citizens taking part in non-violent activities 
     protected by the First Amendment to the Constitution of the 
     United States related to protests against United States 
     Government policy on Iraq.
                                 ______
                                 
  SA 4874. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test and Evaluation, Army'', up to $3,000,000 
     may be available for the development of lightweight munitions 
     through the Aluminum Matrix Composite Technology Partnership.
                                 ______
                                 
  SA 4875. Ms. STABENOW (for herself, Mr. Reid, Mr. Reed, Mr. Leahy, 
Mr. Levin, Mr. Durbin, and Mr. Kennedy) proposed an amendment to the 
bill H.R. 5631, making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       On page 238, after line 24, add the following:
       Sec. 9012. (a) The amount appropriated or otherwise made 
     available by this title is hereby increased by $200,000,000.
       (b) Of the amount appropriated or otherwise made available 
     by this title, as increased by subsection (a), $200,000,000 
     may be made available for humanitarian assistance, including 
     food, water, cooking fuel, shelter, medicine, and other 
     assistance, for the innocent Lebanese and Israeli civilians 
     who have been affected by the hostilities between Hezbollah 
     and the Government of Israel.
       (c) The amount made available under subsection (a) is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2007, as made 
     applicable in the Senate by section 7035 of Public Law 109-
     234.
                                 ______
                                 
  SA 4876. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title II under the heading ``Operation and 
     Maintenance, Army Reserve'', up to $500,000 may be available 
     for Advanced Information Technology Battlefield Unit 
     Training.
                                 ______
                                 
  SA 4877. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title III under the heading ``Procurement, 
     Defense-Wide'', up to $2,000,000 may be available for the 
     Forward Osmosis Individual Water Purification System.
                                 ______
                                 
  SA 4878. Mr. SANTORUM proposed an amendment to the bill S. 843, to 
amend the Public Health Service Act to combat autism through research, 
screening, intervention and education; as follows:

       ``(A) $68,000,000 for fiscal year 2007, $74,500,000 for 
     fiscal year 2008, $81,000,000 for fiscal year 2009, 
     $87,500,000 for fiscal year 2010, and $94,000,000 for fiscal 
     year 2011, to carry out subsections (a), (b), and (d);
       ``(B) $24,000,000 for fiscal year 2007, $30,500,000 for 
     fiscal year 2008, $37,000,000 for fiscal year 2009, 
     $43,500,000 for fiscal year 2010, and $50,000,000 for fiscal 
     year 2011, to carry out subsection (c)(1); and
                                 ______
                                 
  SA 4879. Mr. FRIST (for Mr. Enzi) proposed an amendment to the bill 
S. 3534, to amend the Workforce Investment Act of 1998 to provide for a 
YouthBuild program; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``YouthBuild Transfer Act''.

     SEC. 2. YOUTHBUILD PROGRAM.

       (a) Establishment of YouthBuild Program in the Department 
     of Labor.--Subtitle D of title I of the Workforce Investment 
     Act of 1998 is amended by inserting before section 174 (29 
     U.S.C. 2919) the following new section:

     ``SEC. 173A. YOUTHBUILD PROGRAM.

       ``(a) Statement of Purpose.--The purposes of this section 
     are--
       ``(1) to enable disadvantaged youth to obtain the education 
     and employment skills necessary to achieve economic self-
     sufficiency in occupations in demand and postsecondary 
     education and training opportunities;
       ``(2) to provide disadvantaged youth with opportunities for 
     meaningful work and service to their communities;
       ``(3) to foster the development of employment and 
     leadership skills and commitment to community development 
     among youth in low-income communities; and
       ``(4) to expand the supply of permanent affordable housing 
     for homeless individuals and low-income families by utilizing 
     the energies and talents of disadvantaged youth.
       ``(b) Definitions.--In this section:
       ``(1) Adjusted income.--The term `adjusted income' has the 
     meaning given the term in section 3(b) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437a(b)).
       ``(2) Applicant.--The term `applicant' means an eligible 
     entity that has submitted an application under subsection 
     (c).
       ``(3) Eligible entity.--The term `eligible entity' means a 
     public or private nonprofit agency or organization (including 
     a consortium of such agencies or organizations), including--
       ``(A) a community-based organization;
       ``(B) a faith-based organization;
       ``(C) an entity carrying out activities under this title, 
     such as a local board;
       ``(D) a community action agency;
       ``(E) a State or local housing development agency;
       ``(F) an Indian tribe or other agency primarily serving 
     Indians;
       ``(G) a community development corporation;
       ``(H) a State or local youth service or conservation corps; 
     and
       ``(I) any other entity eligible to provide education or 
     employment training under a Federal program (other than the 
     program carried out under this section).
       ``(4) Homeless individual.--The term `homeless individual' 
     has the meaning given the term in section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).
       ``(5) Housing development agency.--The term `housing 
     development agency' means any agency of a State or local 
     government, or any private nonprofit organization, that is 
     engaged in providing housing for homeless individuals or low-
     income families.
       ``(6) Income.--The term `income' has the meaning given the 
     term in section 3(b) of the United States Housing Act of 1937 
     (42 U.S.C. 1437a(b)).
       ``(7) Indian; indian tribe.--The terms `Indian' and `Indian 
     tribe' have the meanings given such terms in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b).
       ``(8) Individual of limited english proficiency.--The term 
     `individual of limited English proficiency' means an eligible 
     participant under this section who meets the criteria set 
     forth in section 203(10) of the Adult Education and Family 
     Literacy Act (20 U.S.C. 9202(10)).
       ``(9) Low-income family.--The term `low-income family' 
     means a family described in section 3(b)(2) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
       ``(10) Qualified national nonprofit agency.--The term 
     `qualified national nonprofit agency' means a nonprofit 
     agency that--
       ``(A) has significant national experience providing 
     services consisting of training, information, technical 
     assistance, and data management to YouthBuild programs or 
     similar projects; and
       ``(B) has the capacity to provide those services.
       ``(11) Registered apprenticeship program.--The term 
     `registered apprenticeship program' means an apprenticeship 
     program--
       ``(A) registered under the Act of August 16, 1937 (commonly 
     known as the `National Apprenticeship Act'; 50 Stat. 664, 
     chapter 663; 20 U.S.C. 50 et seq.); and
       ``(B) that meets such other criteria as may be established 
     by the Secretary under this section.
       ``(12) Transitional housing.--The term `transitional 
     housing' means housing provided for the purpose of 
     facilitating the movement of homeless individuals to 
     independent living within a reasonable amount of time. The 
     term includes housing primarily designed to serve 
     deinstitutionalized homeless individuals and other homeless 
     individuals who are individuals with disabilities or members 
     of families with children.
       ``(13) Youthbuild program.--The term `YouthBuild program' 
     means any program that receives assistance under this section 
     and provides disadvantaged youth with opportunities for 
     employment, education, leadership development, and training 
     through the rehabilitation or construction of housing for 
     homeless individuals and low-income families, and of public 
     facilities.
       ``(c) YouthBuild Grants.--
       ``(1) Amounts of grants.--The Secretary is authorized to 
     make grants to applicants for the purpose of carrying out 
     YouthBuild programs approved under this section.

[[Page S8866]]

       ``(2) Eligible activities.--An entity that receives a grant 
     under this subsection shall use the funds made available 
     through the grant to carry out a YouthBuild program, which 
     may include the following activities:
       ``(A) Education and workforce investment activities 
     including--
       ``(i) work experience and skills training (coordinated, to 
     the maximum extent feasible, with preapprenticeship and 
     registered apprenticeship programs) in the rehabilitation and 
     construction activities described in subparagraphs (B) and 
     (C);
       ``(ii) occupational skills training;
       ``(iii) other paid and unpaid work experiences, including 
     internships and job shadowing;
       ``(iv) services and activities designed to meet the 
     educational needs of participants, including--

       ``(I) basic skills instruction and remedial education;
       ``(II) language instruction educational programs for 
     individuals with limited English proficiency;
       ``(III) secondary education services and activities, 
     including tutoring, study skills training, and dropout 
     prevention activities, designed to lead to the attainment of 
     a secondary school diploma, General Education Development 
     (GED) credential, or other State-recognized equivalent 
     (including recognized alternative standards for individuals 
     with disabilities);
       ``(IV) counseling and assistance in obtaining postsecondary 
     education and required financial aid; and
       ``(V) alternative secondary school services;

       ``(v) counseling services and related activities, such as 
     comprehensive guidance and counseling on drug and alcohol 
     abuse and referral;
       ``(vi) activities designed to develop employment and 
     leadership skills, which may include community service and 
     peer-centered activities encouraging responsibility and other 
     positive social behaviors, and activities related to youth 
     policy committees that participate in decision-making related 
     to the program;
       ``(vii) supportive services and provision of need-based 
     stipends necessary to enable individuals to participate in 
     the program and supportive services to assist individuals, 
     for a period not to exceed 12 months after the completion of 
     training, in obtaining or retaining employment, or applying 
     for and transitioning to postsecondary education; and
       ``(viii) job search and assistance.
       ``(B) Supervision and training for participants in the 
     rehabilitation or construction of housing, including 
     residential housing for homeless individuals or low-income 
     families, or transitional housing for homeless individuals.
       ``(C) Supervision and training for participants in the 
     rehabilitation or construction of community and other public 
     facilities, except that not more than 10 percent of funds 
     appropriated to carry out this section may be used for such 
     supervision and training.
       ``(D) Payment of administrative costs of the applicant, 
     except that not more than 15 percent of the amount of 
     assistance provided under this subsection to the grant 
     recipient may be used for such costs.
       ``(E) Adult mentoring.
       ``(F) Provision of wages, stipends, or benefits to 
     participants in the program.
       ``(G) Ongoing training and technical assistance that are 
     related to developing and carrying out the program.
       ``(H) Follow-up services.
       ``(3) Application.--
       ``(A) Form and procedure.--To be qualified to receive a 
     grant under this subsection, an eligible entity shall submit 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require.
       ``(B) Minimum requirements.--The Secretary shall require 
     that the application contain, at a minimum--
       ``(i) labor market information for the labor market area 
     where the proposed program will be implemented, including 
     both current data (as of the date of submission of the 
     application) and projections on career opportunities in 
     growing industries;
       ``(ii) a request for the grant, specifying the amount of 
     the grant requested and its proposed uses;
       ``(iii) a description of the applicant and a statement of 
     its qualifications, including a description of the 
     applicant's relationship with local boards, one-stop 
     operators, local unions, entities carrying out registered 
     apprenticeship programs, other community groups, and 
     employers, and the applicant's past experience, if any, with 
     rehabilitation or construction of housing or public 
     facilities, and with youth education and employment training 
     programs;
       ``(iv) a description of the proposed site for the proposed 
     program;
       ``(v) a description of the educational and job training 
     activities, work opportunities, postsecondary education and 
     training opportunities, and other services that will be 
     provided to participants, and how those activities, 
     opportunities, and services will prepare youth for employment 
     in occupations in demand in the labor market area described 
     in clause (i);
       ``(vi) a description of the proposed rehabilitation or 
     construction activities to be undertaken under the grant and 
     the anticipated schedule for carrying out such activities;
       ``(vii) a description of the manner in which eligible youth 
     will be recruited and selected as participants, including a 
     description of arrangements that will be made with local 
     boards, one-stop operators, community- and faith-based 
     organizations, State educational agencies or local 
     educational agencies (including agencies of Indian tribes), 
     public assistance agencies, the courts of jurisdiction, 
     agencies operating shelters for homeless individuals and 
     other agencies that serve youth who are homeless individuals, 
     foster care agencies, and other appropriate public and 
     private agencies;
       ``(viii) a description of the special outreach efforts that 
     will be undertaken to recruit eligible young women (including 
     young women with dependent children) as participants;
       ``(ix) a description of the specific role of employers in 
     the proposed program, such as their role in developing the 
     proposed program and assisting in service provision and in 
     placement activities;
       ``(x) a description of how the proposed program will be 
     coordinated with other Federal, State, and local activities 
     and activities conducted by Indian tribes, such as local 
     workforce investment activities, vocational education 
     programs, adult and language instruction educational 
     programs, activities conducted by public schools, activities, 
     conducted by community colleges, national service programs, 
     and other job training provided with funds available under 
     this title;
       ``(xi) assurances that there will be a sufficient number of 
     adequately trained supervisory personnel in the proposed 
     program;
       ``(xii) a description of results to be achieved with 
     respect to common indicators of performance for youth and 
     lifelong learning, as identified by the Secretary;
       ``(xiii) a description of the applicant's relationship with 
     local building trade unions regarding their involvement in 
     training to be provided through the proposed program, the 
     relationship of the proposed program to established 
     registered apprenticeship programs and employers, and the 
     ability of the applicant to grant industry-recognized skill 
     certification through the program;
       ``(xiv) a description of activities that will be undertaken 
     to develop the leadership skills of participants;
       ``(xv) a detailed budget and a description of the system of 
     fiscal controls, and auditing and accountability procedures, 
     that will be used to ensure fiscal soundness for the proposed 
     program;
       ``(xvi) a description of the commitments for any additional 
     resources (in addition to the funds made available through 
     the grant) to be made available to the proposed program 
     from--

       ``(I) the applicant;
       ``(II) recipients of other Federal, State or local housing 
     and community development assistance who will sponsor any 
     part of the rehabilitation, construction, operation and 
     maintenance, or other housing and community development 
     activities undertaken as part of the proposed program; or
       ``(III) entities carrying out other Federal, State, or 
     local activities or activities conducted by Indian tribes, 
     including vocational education programs, adult and language 
     instruction educational programs, and job training provided 
     with funds available under this title;

       ``(xvii) information identifying, and a description of, the 
     financing proposed for any--

       ``(I) rehabilitation of the property involved;
       ``(II) acquisition of the property; or
       ``(III) construction of the property;

       ``(xviii) information identifying, and a description of, 
     the entity that will operate and manage the property;
       ``(xix) information identifying, and a description of, the 
     data collection systems to be used;
       ``(xx) a certification, by a public official responsible 
     for the housing strategy for the State or unit of general 
     local government within which the proposed program is 
     located, that the proposed program is consistent with the 
     housing strategy; and
       ``(xxi) a certification that the applicant will comply with 
     the requirements of the Fair Housing Act (42 U.S.C. 3601 et 
     seq.) and will affirmatively further fair housing.
       ``(4) Selection criteria.--For an applicant to be eligible 
     to receive a grant under this subsection, the applicant and 
     the applicant's proposed program shall meet such selection 
     criteria as the Secretary shall establish under this section, 
     which shall include criteria relating to--
       ``(A) the qualifications or potential capabilities of an 
     applicant;
       ``(B) an applicant's potential for developing a successful 
     YouthBuild program;
       ``(C) the need for an applicant's proposed program, as 
     determined by the degree of economic distress of the 
     community from which participants would be recruited 
     (measured by indicators such as poverty, youth unemployment, 
     and the number of individuals who have dropped out of 
     secondary school) and of the community in which the housing 
     and public facilities proposed to be rehabilitated or 
     constructed is located (measured by indicators such as 
     incidence of homelessness, shortage of affordable housing, 
     and poverty);
       ``(D) the commitment of an applicant to providing skills 
     training, leadership development, and education to 
     participants;
       ``(E) the focus of a proposed program on preparing youth 
     for occupations in demand or postsecondary education and 
     training opportunities;
       ``(F) the extent of an applicant's coordination of 
     activities to be carried out through the proposed program 
     with local boards, one-stop operators, and one-stop partners 
     participating in the operation of the one-stop

[[Page S8867]]

     delivery system involved, or the extent of the applicant's 
     good faith efforts in achieving such coordination;
       ``(G) the extent of the applicant's coordination of 
     activities with public education, criminal justice, housing 
     and community development, national service, or postsecondary 
     education or other systems that relate to the goals of the 
     proposed program;
       ``(H) the extent of an applicant's coordination of 
     activities with employers in the local area involved;
       ``(I) the extent to which a proposed program provides for 
     inclusion of tenants who were previously homeless individuals 
     in the rental housing provided through the program;
       ``(J) the commitment of additional resources (in addition 
     to the funds made available through the grant) to a proposed 
     program by--
       ``(i) an applicant;
       ``(ii) recipients of other Federal, State, or local housing 
     and community development assistance who will sponsor any 
     part of the rehabilitation, construction, operation and 
     maintenance, or other housing and community development 
     activities undertaken as part of the proposed program; or
       ``(iii) entities carrying out other Federal, State, or 
     local activities or activities conducted by Indian tribes, 
     including vocational education programs, adult and language 
     instruction educational programs, and job training provided 
     with funds available under this title;
       ``(K) the applicant's potential to serve different regions, 
     including rural areas and States that have not previously 
     received grants for YouthBuild programs; and
       ``(L) such other factors as the Secretary determines to be 
     appropriate for purposes of carrying out the proposed program 
     in an effective and efficient manner.
       ``(5) Approval.--To the extent practicable, the Secretary 
     shall notify each applicant, not later than 5 months after 
     the date of receipt of the application by the Secretary, 
     whether the application is approved or not approved.
       ``(d) Use of Housing Units.--Residential housing units 
     rehabilitated or constructed using funds made available under 
     subsection (c) shall be available solely--
       ``(1) for rental by, or sale to, homeless individuals or 
     low-income families; or
       ``(2) for use as transitional or permanent housing, for the 
     purpose of assisting in the movement of homeless individuals 
     to independent living.
       ``(e) Additional Program Requirements.--
       ``(1) Eligible participants.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an individual may participate in a YouthBuild program only if 
     such individual is--
       ``(i) not less than age 16 and not more than age 24, on the 
     date of enrollment;
       ``(ii) a member of a low-income family, a youth in foster 
     care (including youth aging out of foster care), a youth 
     offender, a youth who is an individual with a disability, a 
     child of incarcerated parents, or a migrant youth; and
       ``(iii) a school dropout.
       ``(B) Exception for individuals not meeting income or 
     educational need requirements.--Not more than 25 percent of 
     the participants in such program may be individuals who do 
     not meet the requirements of clause (ii) or (iii) of 
     subparagraph (A), but who--
       ``(i) are basic skills deficient, despite attainment of a 
     secondary school diploma, General Education Development (GED) 
     credential, or other State-recognized equivalent (including 
     recognized alternative standards for individuals with 
     disabilities); or
       ``(ii) have been referred by a local secondary school for 
     participation in a YouthBuild program leading to the 
     attainment of a secondary school diploma.
       ``(2) Participation limitation.--An eligible individual 
     selected for participation in a YouthBuild program shall be 
     offered full-time participation in the program for a period 
     of not less than 6 months and not more than 24 months.
       ``(3) Minimum time devoted to educational services and 
     activities.--A YouthBuild program receiving assistance under 
     subsection (c) shall be structured so that participants in 
     the program are offered--
       ``(A) education and related services and activities 
     designed to meet educational needs, such as those specified 
     in clauses (iv) through (vii) of subsection (c)(2)(A), during 
     at least 50 percent of the time during which the participants 
     participate in the program; and
       ``(B) work and skill development activities such as those 
     specified in clauses (i), (ii), (iii), and (viii) of 
     subsection (c)(2)(A), during at least 40 percent of the time 
     during which the participants participate in the program.
       ``(4) Authority restriction.--No provision of this section 
     may be construed to authorize any agency, officer, or 
     employee of the United States to exercise any direction, 
     supervision, or control over the curriculum, program of 
     instruction, administration, or personnel of any educational 
     institution (including a school) or school system, or over 
     the selection of library resources, textbooks, or other 
     printed or published instructional materials by any 
     educational institution or school system.
       ``(5) State and local standards.--All educational programs 
     and activities supported with funds provided under subsection 
     (c) shall be consistent with applicable State and local 
     educational standards. Standards and procedures for the 
     programs and activities that relate to awarding academic 
     credit for and certifying educational attainment in such 
     programs and activities shall be consistent with applicable 
     State and local educational standards.
       ``(f) Management and Technical Assistance.--
       ``(1) Secretary assistance.--The Secretary may enter into 
     contracts with 1 or more entities to provide assistance to 
     the Secretary in the management, supervision, and 
     coordination of the program carried out under this section.
       ``(2) Technical assistance.--
       ``(A) Contracts and grants.--The Secretary shall enter into 
     contracts with or make grants to 1 or more qualified national 
     nonprofit agencies, in order to provide training, 
     information, technical assistance, and data management to 
     recipients of grants under subsection (c).
       ``(B) Reservation of funds.--Of the amounts available under 
     subsection (h) to carry out this section for a fiscal year, 
     the Secretary shall reserve 5 percent to carry out 
     subparagraph (A).
       ``(3) Capacity building grants.--
       ``(A) In general.--In each fiscal year, the Secretary may 
     use not more than 3 percent of the amounts available under 
     subsection (h) to award grants to 1 or more qualified 
     national nonprofit agencies to pay for the Federal share of 
     the cost of capacity building activities.
       ``(B) Federal share.--The Federal share of the cost 
     described in subparagraph (A) shall be 25 percent. The non-
     Federal share shall be provided from private sources.
       ``(g) Subgrants and Contracts.--Each recipient of a grant 
     under subsection (c) to carry out a YouthBuild program shall 
     provide the services and activities described in this section 
     directly or through subgrants, contracts, or other 
     arrangements with local educational agencies, postsecondary 
     educational institutions, State or local housing development 
     agencies, other public agencies, including agencies of Indian 
     tribes, or private organizations.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     for each of fiscal years 2007 through 2012 such sums as may 
     be necessary to carry out this section.
       ``(2) Fiscal year.--Notwithstanding section 189(g), 
     appropriations for any fiscal year for programs and 
     activities carried out under this section shall be available 
     for obligation only on the basis of a fiscal year.''.
       (b) Clerical Amendment.--Section 1(b) of the Workforce 
     Investment Act of 1998 (relating to the table of contents) is 
     amended by inserting before the item relating to section 174 
     the following:

``Sec. 173A. YouthBuild program''.

       (c) Exception to Program Year Appropriation Cycle 
     Requirement.--Section 189(g)(1)(A) of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2939(g)(1)(A)) is amended 
     by inserting ``and section 173A'' after ``Except as provided 
     in subparagraph (B)''.
       (d) Conforming Amendments.--
       (1) Section 3 of the Housing and Urban Development Act of 
     1968 (12 U.S.C. 1701u) is amended in paragraphs (1)(B)(iii) 
     and (2)(B) of subsection (c), and paragraphs (1)(B)(iii) and 
     (2)(B) of subsection (d), by striking ``Youthbuild'' and all 
     that follows and inserting ``YouthBuild programs receiving 
     assistance under section 173A of the Workforce Investment Act 
     of 1998.''.
       (2) Section 507(b) of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4183(b)) is amended by striking ``subtitle D of title IV of 
     the Cranston-Gonzalez National Affordable Housing Act,''.
       (3) Section 402 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 12870) is amended by 
     striking the second sentence of subsections (a) and (b).
       (e) Repeal of Provisions.--Subtitle D of title IV of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12899 et seq.) is repealed.
       (f) Effective Date.--This section and the amendments made 
     by this section take effect on the earlier of--
       (1) the date of enactment of this Act; and
       (2) September 30, 2006.

     SEC. 3. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

       (a) Definitions.--For purposes of this section, unless 
     otherwise provided or indicated by the context--
       (1) the term ``Federal agency'' has the meaning given to 
     the term ``agency'' by section 551(1) of title 5, United 
     States Code;
       (2) the term ``function'' means any duty, obligation, 
     power, authority, responsibility, right, privilege, activity, 
     or program; and
       (3) the term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof.
       (b) Transfer of Functions.--There are transferred to the 
     Department of Labor all functions which the Secretary of 
     Housing and Urban Development exercised before the effective 
     date of this section (including all related functions of any 
     officer or employee of the Department of Housing and Urban 
     Development) relating to subtitle D of title IV of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12899 et seq.).
       (c) Determinations of Certain Functions by the Office of 
     Management and Budget.--If necessary, the Office of 
     Management and Budget shall make any determination of the 
     functions that are transferred under subsection (b).

[[Page S8868]]

       (d) Personnel Provisions.--
       (1) Appointments.--The Secretary of Labor may appoint and 
     fix the compensation of such officers and employees, 
     including investigators, attorneys, and administrative law 
     judges, as may be necessary to carry out the respective 
     functions transferred under this section. Except as otherwise 
     provided by law, such officers and employees shall be 
     appointed in accordance with the civil service laws and their 
     compensation fixed in accordance with title 5, United States 
     Code.
       (2) Experts and consultants.--The Secretary of Labor may 
     obtain the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, and 
     compensate such experts and consultants for each day 
     (including traveltime) at rates not in excess of the rate of 
     pay for level IV of the Executive Schedule under section 5315 
     of such title. The Secretary of Labor may pay experts and 
     consultants who are serving away from their homes or regular 
     place of business travel expenses and per diem in lieu of 
     subsistence at rates authorized by sections 5702 and 5703 of 
     such title for persons in Government service employed 
     intermittently.
       (e) Delegation and Assignment.--Except where otherwise 
     expressly prohibited by law or otherwise provided by this 
     section, the Secretary of Labor may delegate any of the 
     functions transferred to the Secretary of Labor by this 
     section and any function transferred or granted to the 
     Secretary of Labor after the effective date of this section 
     to such officers and employees of the Department of Labor as 
     the Secretary of Labor may designate, and may authorize 
     successive redelegations of such functions as may be 
     necessary or appropriate. No delegation of functions by the 
     Secretary of Labor under this subsection or under any other 
     provision of this section shall relieve the Secretary of 
     Labor of responsibility for the administration of such 
     functions.
       (f) Reorganization.--The Secretary of Labor is authorized 
     to allocate or reallocate any function transferred under 
     subsection (b) among the officers of the Department of Labor, 
     and to establish, consolidate, alter, or discontinue such 
     organizational entities in the Department of Labor as may be 
     necessary or appropriate.
       (g) Rules.--The Secretary of Labor is authorized to 
     prescribe, in accordance with the provisions of chapters 5 
     and 6 of title 5, United States Code, such rules and 
     regulations as the Secretary of Labor determines necessary or 
     appropriate to administer and manage the functions of the 
     Department of Labor.
       (h) Transfer and Allocations of Appropriations.--Except as 
     otherwise provided in this section, the assets, liabilities, 
     grants, contracts, property, records, and unexpended balances 
     of appropriations, authorizations, allocations, and other 
     funds used, held, arising from, available to, or to be made 
     available in connection with the functions transferred by 
     this section, subject to section 1531 of title 31, United 
     States Code, shall be transferred to the Department of Labor. 
     Unexpended funds transferred pursuant to this subsection 
     shall be used only for the purposes for which the funds were 
     originally authorized and appropriated.
       (i) Transfers.--The Director of the Office of Management 
     and Budget, at such time or times as the Director shall 
     provide, is authorized to make such determinations as may be 
     necessary with regard to the functions transferred by this 
     section, and to make such dispositions of assets, 
     liabilities, grants, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds used, held, arising from, 
     available to, or to be made available in connection with such 
     functions, subject to section 1531 of title 31, United States 
     Code, as may be necessary to carry out the provisions of this 
     section. The Director of the Office of Management and Budget 
     shall provide for the termination of the affairs of all 
     entities terminated by this section and for such further 
     measures and dispositions as may be necessary to effectuate 
     the purposes of this section.
       (j) Savings Provisions.--
       (1) Continuing effect of legal documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (A) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     section; and
       (B) which are in effect at the time this section takes 
     effect, or were final before the effective date of this 
     section and are to become effective on or after the effective 
     date of this section,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary of Labor 
     or other authorized official, a court of competent 
     jurisdiction, or by operation of law.
       (2) Proceedings not affected.--The provisions of this 
     section shall not affect any proceedings, including notices 
     of proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     the Department of Housing and Urban Development at the time 
     this section takes effect, with respect to functions 
     transferred by this section but such proceedings and 
     applications shall be continued. Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     section had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law. Nothing in this paragraph shall be deemed 
     to prohibit the discontinuance or modification of any such 
     proceeding under the same terms and conditions and to the 
     same extent that such proceeding could have been discontinued 
     or modified if this section had not been enacted.
       (3) Suits not affected.--The provisions of this section 
     shall not affect suits commenced before the effective date of 
     this section, and in all such suits, proceedings shall be 
     had, appeals taken, and judgments rendered in the same manner 
     and with the same effect as if this section had not been 
     enacted.
       (4) Nonabatement of actions.--No suit, action, or other 
     proceeding commenced by or against the Department of Housing 
     and Urban Development, or by or against any individual in the 
     official capacity of such individual as an officer of the 
     Department of Housing and Urban Development, shall abate by 
     reason of the enactment of this section.
       (5) Administrative actions relating to promulgation of 
     regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the Department 
     of Housing and Urban Development relating to a function 
     transferred under this section may be continued by the 
     Department of Labor with the same effect as if this section 
     had not been enacted.
       (k) Separability.--If a provision of this section or its 
     application to any person or circumstance is held invalid, 
     neither the remainder of this section nor the application of 
     the provision to other persons or circumstances shall be 
     affected.
       (l) Transition.--The Secretary of Labor is authorized to 
     utilize--
       (1) the services of such officers, employees, and other 
     personnel of the Department of Housing and Urban Development 
     with respect to functions transferred to the Department of 
     Labor by this section; and
       (2) funds appropriated to such functions for such period of 
     time,

     as may reasonably be needed to facilitate the orderly 
     implementation of this section.
       (m) Accomplishing Orderly Transfer.--Consistent with the 
     requirements of this section, the Secretary of Labor and the 
     Secretary of Housing and Urban Development shall take such 
     actions as the Secretaries determine are appropriate to 
     accomplish the orderly transfer of functions as described in 
     subsection (b).
       (n) Administration of Prior Grants.--Notwithstanding any 
     other provision of this Act, grants awarded under subtitle D 
     of title IV of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12899 et seq.) with funds appropriated 
     for fiscal year 2006 or a preceding fiscal year shall be 
     subject to the continuing authority of the Secretary of 
     Housing and Urban Development under the provisions of such 
     subtitle, as in effect on the day before the date of 
     enactment of this Act, until the authority to expend 
     applicable funds for the grants, as specified by the 
     Secretary of Housing and Urban Development, has expired and 
     the Secretary has completed the administrative 
     responsibilities associated with the grants.
       (o) References.--A reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to--
       (1) the Secretary of Housing and Urban Development with 
     regard to functions transferred under subsection (b), shall 
     be deemed to refer to the Secretary of Labor; and
       (2) the Department of Housing and Urban Development with 
     regard to functions transferred under subsection (b), shall 
     be deemed to refer to the Department of Labor.
       (p) Effective Date.--This section takes effect on the 
     earlier of--
       (1) the date of enactment of this Act; and
       (2) September 30, 2006.
                                 ______
                                 
  SA 4880. Mr. FRIST (for Mr. McCain (for himself and Mr. Dorgan)) 
proposed an amendment to the bill S. 1899, to amend the Indian Child 
Protection and Family Violence Prevention Act to identify and remove 
barriers to reducing child abuse, to provide for examinations of 
certain children, and for other purposes; as follows:

       On page 24, line 4, strike ``extend'' and insert 
     ``extent''.
       On page 27, line 16, strike ``or forensic'' and insert 
     ``and forensic''.
       On page 28, line 2, strike ``interviews'' and insert 
     ``interviewers''.
       On page 29, strike lines 18 through 24 and insert the 
     following:
       ``(d) Effect on Child Placement.--An Indian tribe that 
     submits a written statement to the applicable State official 
     documenting that the Indian tribe has conducted a background 
     investigation under this section for the placement of an 
     Indian child in a tribally-licensed or tribally-approved 
     foster care or adoptive home, or for another out-of-home 
     placement, shall be considered to have satisfied the 
     background investigation requirements of any Federal or State 
     law requiring such an investigation.''.

[[Page S8869]]

       On page 32, strike lines 8 through 16 and insert the 
     following:
       (A) by striking ``(g)'' and all that follows through 
     ``Indian Child Resource'' and inserting the following:
       ``(g) Application of Indian Self-Determination and 
     Education Assistance Act to Centers.--
       ``(1) In general.--Indian Child Resource'';
       (B) in the first sentence, by striking ``Act'' and 
     inserting ``and Education Assistance Act (25 U.S.C. 450 et 
     seq.)'';
       (C) by striking the second sentence and inserting the 
     following:
       On page 33, line 15, strike ``(C)'' and insert ``(D)''.
       On page 34, strike lines 1 through 25.
       On page 35, strike lines 6 through 11 and insert the 
     following:
       ``(a) Definition of Medical or Behavioral Health 
     Professional.--In this section, the term `medical or 
     behavioral health professional' means an employee or 
     volunteer of an organization that provides a service as part 
     of a comprehensive service program that combines--
       ``(1) substance abuse (including abuse of alcohol, drugs, 
     inhalants, and tobacco) prevention and treatment; and
       ``(2) mental health treatment.
       ``(b) Contracts and Agreements.--The Service is authorized 
     to enter into any contract or agreement for the use of 
     telemedicine with a public or private university or facility, 
     including a medical university or facility, or any private 
     medical or behavioral health professional, with experience 
     relating to pediatrics, including the diagnosis and treatment 
     of child abuse, to assist the Service with respect to--
       On page 35, line 16, strike ``(b)'' and insert ``(c)''.
       On page 35, line 17, strike ``(a)'' and insert ``(b)''.
       On page 35, line 25, strike ``(c)'' and insert ``(d)''.
       On page 36, lines 1 and 2, strike ``medical universities, 
     facilities, and practitioners described in subsection (a)'' 
     and insert ``universities and facilities, including medical 
     universities and facilities, and medical or behavioral health 
     professionals described in subsection (b)''.
       On page 36, line 5, strike ``(d)'' and insert ``(e)''.
       On page 36, line 12, strike ``felony child neglect,'' and 
     insert ``felony child abuse, felony child neglect,''.
                                 ______
                                 
  SA 4881. Mr. FRIST (for Mr. Lautenberg (for himself and Mr. Stevens)) 
proposed an amendment to the bill H.R. 3858, to amend the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act to ensure that 
State and local emergency preparedness operational plans address the 
needs of individuals with household pets and service animals following 
a major disaster or emergency; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Pets Evacuation and 
     Transportation Standards Act of 2006''.

     SEC. 2. STANDARDS FOR STATE AND LOCAL EMERGENCY PREPAREDNESS 
                   OPERATIONAL PLANS.

       Section 613 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5196b) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Standards for State and Local Emergency Preparedness 
     Operational Plans.--In approving standards for State and 
     local emergency preparedness operational plans pursuant to 
     subsection (b)(3), the Director shall ensure that such plans 
     take into account the needs of individuals with household 
     pets and service animals prior to, during, and following a 
     major disaster or emergency.''.

     SEC. 3. EMERGENCY PREPAREDNESS MEASURES OF THE DIRECTOR.

       Section 611 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5196) is amended--
       (1) in subsection (e)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) plans that take into account the needs of individuals 
     with pets and service animals prior to, during, and following 
     a major disaster or emergency.''; and
       (2) in subsection (j)--
       (A) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) The Director may make financial contributions, on the 
     basis of programs or projects approved by the Director, to 
     the States and local authorities for animal emergency 
     preparedness purposes, including the procurement, 
     construction, leasing, or renovating of emergency shelter 
     facilities and materials that will accommodate people with 
     pets and service animals.''.

     SEC. 4. PROVIDING ESSENTIAL ASSISTANCE TO INDIVIDUALS WITH 
                   HOUSEHOLD PETS AND SERVICE ANIMALS FOLLOWING A 
                   DISASTER.

       Section 403(a)(3) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5170b(a)(3)) is 
     amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(J) provision of rescue, care, shelter, and essential 
     needs--
       ``(i) to individuals with household pets and service 
     animals; and
       ``(ii) to such pets and animals.''.

     

                          ____________________