[Congressional Record Volume 153, Number 113 (Monday, July 16, 2007)]
[Senate]
[Pages S9266-S9291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2210. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XXXI, add the following:

     SEC. 3126. MODIFICATION OF REPORTING REQUIREMENT.

       Section 3111 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3539) is 
     amended--
       (1) in subsection (b), by striking ``March 1, 2007'' and 
     inserting ``March 1 of 2007, 2009, 2011, and 2013'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Form.--The report required by subsection (b) to be 
     submitted not later than March 1 of 2009, 2011, or 2013, 
     shall be submitted in classified form, and shall include a 
     detailed unclassified summary.''; and
       (4) in subsection (e), as redesignated, by striking ``(c)'' 
     and inserting ``(d)''.
                                 ______
                                 
  SA 2211. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.

       (a) Findings.--Congress makes the following findings:
       (1) The brown tree snake (Boiga irregularis), an invasive 
     species, is found in significant numbers on military 
     installations and in other areas on Guam, and constitutes a 
     serious threat to the ecology of Guam.
       (2) If introduced into Hawaii, the Commonwealth of the 
     Northern Mariana Islands, or the continental United States, 
     the brown tree snake would pose an immediate and serious 
     economic and ecological threat.
       (3) The most probable vector for the introduction of the 
     brown tree snake into Hawaii, the Commonwealth of the 
     Northern Mariana Islands, or the continental United States is 
     the movement from Guam of military aircraft, personnel, and 
     cargo, including the household goods of military personnel.
       (4) It is probable that the movement of military aircraft, 
     personnel, and cargo, including the household goods of 
     military personnel, from Guam to Hawaii, the Commonwealth of 
     the Northern Mariana Islands, or the continental United 
     States will increase significantly coincident with the 
     increase in the number of military units and personnel 
     stationed on Guam,
       (5) Current policies, programs, procedures, and dedicated 
     resources of the Department of Defense and of other 
     departments and agencies of the United States may not be 
     sufficient to adequately address the increasing threat of the 
     introduction of the brown tree snake from Guam into Hawaii, 
     the Commonwealth of the Northern Mariana Islands, or the 
     continental United States.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, 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 following:
       (1) The actions currently being taken (including the 
     resources being made available) by the Department of Defense 
     to control, and to develop new or existing techniques to 
     control, the brown tree snake on Guam and to ensure that the 
     brown tree snake is not introduced into Hawaii, the 
     Commonwealth of the Northern Mariana Island, or the 
     continental United States as a result of the movement from 
     Guam of military aircraft, personnel, and cargo, including 
     the household goods of military personnel.
       (2) Current plans for enhanced future actions, policies, 
     and procedures and increased levels of resources in order to 
     ensure that the projected increase of military personnel 
     stationed on Guam does not increase the threat of 
     introduction of the brown tree snake from Guam into Hawaii, 
     the Commonwealth of the Northern Mariana Islands, or the 
     continental United States.
                                 ______
                                 
  SA 2212. Mr. LEVIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1070. PROTECTION OF CERTAIN INDIVIDUALS.

       (a) Protection for Department Leadership.--The Secretary of 
     Defense, under regulations prescribed by the Secretary and in 
     accordance with guidelines approved by the Secretary and the 
     Attorney General, may authorize qualified members of the 
     Armed Forces and qualified civilian employees of the 
     Department of Defense to provide physical protection and 
     security within the United States to the following persons 
     who, by nature of their positions, require continuous 
     security and protection:
       (1) Secretary of Defense.
       (2) Deputy Secretary of Defense.
       (3) Chairman of the Joint Chiefs of Staff.
       (4) Vice Chairman of the Joint Chiefs of Staff.
       (5) Secretaries of the military departments.
       (6) Chiefs of the Services.
       (7) Commanders of combatant commands.
       (b) Protection for Additional Personnel.--
       (1) Authority to provide.--The Secretary of Defense, under 
     regulations prescribed by the Secretary and in accordance 
     with guidelines approved by the Secretary and the Attorney 
     General, may authorize qualified members of the Armed Forces 
     and qualified civilian employees of the Department of Defense 
     to provide physical protection and security within the United 
     States to individuals other than individuals described in 
     paragraphs (1) through (7) of subsection (a) if the Secretary 
     determines that such protection is necessary because--
       (A) there is an imminent and credible threat to the safety 
     of the individual for whom protection is to be provided; or
       (B) compelling operational considerations make such 
     protection essential to the conduct of official Department of 
     Defense business.
       (2) Personnel.--Individuals authorized to receive physical 
     protection and security under this subsection include the 
     following:
       (A) Any official, military member, or employee of the 
     Department of Defense, including such a former or retired 
     official who faces serious and credible threats arising from 
     duties performed while employed by the Department.
       (B) Any distinguished foreign visitor to the United States 
     who is conducting official business with the Department of 
     Defense.
       (C) Any member of the immediate family of a person 
     authorized to receive physical protection and security under 
     this section.
       (3) Limitation on delegation.--The authority of the 
     Secretary of Defense to authorize the provision of physical 
     protection and security under this subsection may be 
     delegated only to the Deputy Secretary of Defense.
       (4) Requirement for written determination.--A determination 
     of the Secretary of Defense to provide physical protection 
     and security under this subsection shall be in writing, shall 
     be based on a threat assessment by an appropriate law 
     enforcement, security or intelligence organization, and shall 
     include the name and title of the officer, employee, or other 
     individual affected, the reason for such determination, and 
     the duration of the authorized protection and security for 
     such officer, employee, or individual.

[[Page S9267]]

       (5) Duration of protection.--
       (A) Initial period of protection.--After making a written 
     determination under paragraph (4), the Secretary of Defense 
     may provide protection and security to an individual under 
     this subsection for an initial period of not more than 90 
     calendar days.
       (B) Subsequent period.--If, at the end of the 90-day period 
     that protection and security is provided to an individual 
     under subsection (A), the Secretary determines that a 
     condition described in subparagraph (A) or (B) of paragraph 
     (1) continues to exist with respect to the individual, the 
     Secretary may extend the period that such protection and 
     security is provided for additional 60-day periods. The 
     Secretary shall review such a determination at the end of 
     each 60-day period to determine whether to continue to 
     provide such protection and security.
       (C) Requirement for compliance with regulations.--
     Protection and security provided under subparagraph (B) shall 
     be provided in accordance with the regulations and guidelines 
     referred to in paragraph (1).
       (6) Submission to congress.--
       (A) In general.--The Secretary of Defense shall submit to 
     the congressional defense committees a report of each 
     determination made under paragraph (4) to provide protection 
     and security to an individual and of each determination under 
     paragraph (5)(B) to extend such protection and security, 
     together with the justification for such determination, not 
     later than 30 days after the date on which the determination 
     is made.
       (B) Form of report.--A report submitted under subparagraph 
     (A) may be made in classified form.
       (c) Definitions.--In this section:
       (1) Congressional defense committees.--The term 
     ``congressional defense committees'' means the Committee on 
     Appropriations and the Committee on Armed Services of the 
     Senate and the Committee on Appropriations and the Committee 
     on Armed Services of the House of Representatives.
       (2) Qualified members of the armed forces and qualified 
     civilian employees of the department of defense.--The terms 
     ``qualified members of the Armed Forces and qualified 
     civilian employees of the Department of Defense'' refer 
     collectively to members or employees who are assigned to 
     investigative, law enforcement, or security duties of any of 
     the following:
       (A) The U.S. Army Criminal Investigation Command.
       (B) The Naval Criminal Investigative Service.
       (C) The U.S. Air Force Office of Special Investigations.
       (D) The Defense Criminal Investigative Service.
       (E) The Pentagon Force Protection Agency.
       (d) Construction.--
       (1) No additional law enforcement or arrest authority.--
     Other than the authority to provide security and protection 
     under this section, nothing in this section may be construed 
     to bestow any additional law enforcement or arrest authority 
     upon the qualified members of the Armed Forces and qualified 
     civilian employees of the Department of Defense.
       (2) Authorities of other departments.--Nothing in this 
     section may be construed to preclude or limit, in any way, 
     the express or implied powers of the Secretary of Defense or 
     other Department of Defense officials, or the duties and 
     authorities of the Secretary of State, the Director of the 
     United States Secret Service, the Director of the United 
     States Marshals Service, or any other Federal law enforcement 
     agency.
                                 ______
                                 
  SA 2213. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1008. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE 
                   FOR ANY FISCAL YEAR IN WHICH THE ARMED FORCES 
                   ARE ENGAGED IN A MAJOR MILITARY CONFLICT.

       If the Armed Forces are involved in a major military 
     conflict when the President submits to Congress the budget 
     for a fiscal year under section 1105 of title 31, United 
     States Code, and either the aggregate amount included in that 
     budget for the Department of Defense or the Department of 
     Veterans Affairs for health care for such fiscal year is less 
     than the aggregate amount provided by Congress for the 
     Department of Defense and the Department of Veterans Affairs 
     for health care for such preceding fiscal year, and, in the 
     case of the Department of Defense, the total allocation from 
     the Defense Health Program to any military department is less 
     than the total such allocation in the preceding fiscal year, 
     the President shall submit to Congress a report on--
       (1) the reasons for the determination that inclusion of a 
     lesser aggregate amount is in the national interest; and
       (2) the anticipated effects of the inclusion of such lesser 
     aggregate amount on the access to and delivery of medical and 
     support services to members of the Armed Forces, veterans, 
     and their family members.
                                 ______
                                 
  SA 2214. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 143. SENSE OF CONGRESS ON RAPID FIELDING OF ASSOCIATE 
                   INTERMODAL PLATFORM SYSTEM AND OTHER INNOVATIVE 
                   LOGISTICS SYSTEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Use of the Associate Intermodal Platform (AIP) pallet 
     system, developed two years ago by the United States 
     Transportation Command, could save the United States as much 
     as $1,300,000 for every 1,000 pallets deployed.
       (2) The benefits of the usage of the Associate Intermodal 
     Platform pallet system include the following:
       (A) The Associate Intermodal Platform pallet system can be 
     used to transport cargo alone within current International 
     Standard of Organization containers and thereby provide 
     further savings in costs of transportation of cargo.
       (B) The Associate Intermodal Platform pallet system has 
     successfully passed rigorous testing by the United States 
     Transportation Command at various military installations in 
     the United States, at a Navy testing lab, and in the field in 
     Iraq, Kuwait, and Antarctica.
       (C) By all accounts the Associate Intermodal Platform 
     pallet system has performed well beyond expectations and is 
     ready for immediate production and deployment.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should--
       (1) rapidly field innovative logistic systems such as the 
     Associated Intermodal Platform pallet system; and
       (2) seek in the budget of the President for fiscal year 
     2009 funds to fully procure innovative logistic systems such 
     as the Associate Intermodal Platform pallet system.
                                 ______
                                 
  SA 2215. Mr. LOTT (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 214. 10,000-POUND BALLISTIC AERIAL DELIVERY AND SOFT-
                   LANDING SYSTEM.

       (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 $3,000,000.
       (b) Availability.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for Army, as increased by subsection (a) 
     $3,000,000 may be available for Advanced Warfighter 
     Technologies (PE #0603001A) for the 10,000-pound Ballistic 
     Aerial Delivery and Soft-Landing System.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force is hereby reduced by $3,000,000, 
     with the amount of the reduction to be allocated to amounts 
     available for Aerospace Technology Development and 
     Demonstration (PE #0603211F) for 15 Flight Vehicle Test 
     Integration.
                                 ______
                                 
  SA 2216. Mr. COLEMAN (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 536. SATISFACTION OF PROFESSIONAL LICENSURE AND 
                   CERTIFICATION REQUIREMENTS BY MEMBERS OF THE 
                   NATIONAL GUARD AND RESERVE ON ACTIVE DUTY.

       (a) Additional Period Before Re-Training of Nurse Aides Is 
     Required Under the Medicare and Medicaid Programs.--For 
     purposes of subparagraph (D) of sections 1819(b)(5) and 
     1919(b)(5) of the Social Security Act (42 U.S.C. 1395i-
     3(b)(5), 1396r(b)(5)), if, since an individual's most recent 
     completion of a training and competency evaluation program 
     described in subparagraph (A) of such

[[Page S9268]]

     sections, the individual was ordered to active duty in the 
     Armed Forces for a period of at least 12 months, and the 
     individual completes such active duty service during the 
     period beginning on July 1, 2007, and ending on September 30, 
     2008, the 24-consecutive-month period described subparagraph 
     (D) of such sections with respect to the individual shall 
     begin on the date on which the individual completes such 
     active duty service. The preceding sentence shall not apply 
     to an individual who had already reached such 24-consecutive-
     month period on the date on which such individual was ordered 
     to such active duty service.
       (b) Report on Relief From Requirements for National Guard 
     and Reserve on Long-Term Active Duty.--Not later than 120 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress a report 
     setting forth recommendations for such legislative action as 
     the Secretary considers appropriate (including amendments to 
     the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et 
     seq.)) to provide for the exemption or tolling of 
     professional or other licensure or certification requirements 
     for the conduct or practice of a profession, trade, or 
     occupation with respect to members of the National Guard and 
     Reserve who are on active duty in the Armed Forces for an 
     extended period of time.
                                 ______
                                 
  SA 2217. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) In General.--Chapter 81 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1599. Physicians and health care professionals 
       comparability allowances

       ``(a) Authority to Provide Allowances.--(1) Notwithstanding 
     any other provision of law, and in order to recruit and 
     retain highly qualified Department of Defense physicians and 
     Department of Defense health care professionals, the 
     Secretary of Defense may, subject to the provisions of this 
     section and such regulations as the President or his designee 
     may prescribe, enter into a service agreement with a 
     Department of Defense physician or a Department of Defense 
     health care professional which provides for such physician or 
     health care professional to complete a specified period of 
     service in the Department of Defense in return for an 
     allowance for the duration of such agreement in an amount to 
     be determined by the Secretary and specified in the 
     agreement, but not to exceed--
       ``(A) in the case of a Department of Defense physician--
       ``(i) $25,000 per annum if, at the time the agreement is 
     entered into, the Department of Defense physician has served 
     as a Department of Defense physician for 24 months or less; 
     or
       ``(ii) $40,000 per annum if the Department of Defense 
     physician has served as a Department of Defense physician for 
     more than 24 months; and
       ``(B) in the case of a Department of Defense health care 
     professional--
       ``(i) an amount up to $5,000 per annum if, at the time the 
     agreement is entered into, the Department of Defense health 
     care professional has served as a Department of Defense 
     health care professional for less than 10 years;
       ``(ii) an amount up to $10,000 per annum if, at the time 
     the agreement is entered into, the Department of Defense 
     health care professional has served as a Department of 
     Defense health care professional for at least 10 years but 
     less than 18 years; or
       ``(iii) an amount up to $15,000 per annum if, at the time 
     the agreement is entered into, the Department of Defense 
     health care professional has served as a Department of 
     Defense health care professional for 18 years or more.
       ``(2)(A) For the purpose of determining length of service 
     as a Department of Defense physician, service as a physician 
     under section 4104 or 4114 of title 38 or active service as a 
     medical officer in the commissioned corps of the Public 
     Health Service under Title II of the Public Health Service 
     Act (42 U.S.C. 202 et seq.) shall be deemed service as a 
     Department of Defense physician.
       ``(B) For the purpose of determining length of service as a 
     Department of Defense health care professional, service as a 
     nonphysician health care provider, psychologist, or social 
     worker while serving as an officer described under section 
     302c(d)(1) of title 37 shall be deemed service as a 
     Department of Defense health care professional.
       ``(b) Certain Physicians and Professionals Ineligible.--An 
     allowance may not be paid under this section to any physician 
     or health care professional who--
       ``(1) is employed on less than a half-time or intermittent 
     basis;
       ``(2) occupies an internship or residency training 
     position; or
       ``(3) is fulfilling a scholarship obligation.
       ``(c) Covered Categories of Positions.--The Secretary of 
     Defense shall, under such regulations, criteria, and 
     conditions as the President or his designee may prescribe, 
     determine categories of positions applicable to physicians 
     and health care professionals within the Department of 
     Defense with respect to which there is a significant 
     recruitment and retention problem for purposes of this 
     section. Only physicians and health care professionals 
     serving in such positions shall be eligible for an allowance 
     under this section. The amounts of each such allowance shall 
     be determined by the Secretary, subject to such regulations, 
     criteria, and conditions as the President or his designee may 
     prescribe, and shall be the minimum amount necessary to deal 
     with the recruitment and retention problem for each such 
     category of physicians and health care professionals.
       ``(d) Period of Service.--Any agreement entered into by a 
     physician or health care professional under this section 
     shall be for a period of one year of service in the 
     Department of Defense unless the physician or health care 
     professional requests an agreement for a longer period of 
     service.
       ``(e) Repayment.--Unless otherwise provided for in the 
     agreement under subsection (f), an agreement under this 
     section shall provide that the physician or health care 
     professional, in the event that such physician or health care 
     professional voluntarily, or because of misconduct, fails to 
     complete at least one year of service under such agreement, 
     shall be required to refund the total amount received under 
     this section, unless the Secretary of Defense, under such 
     regulations as may be prescribed under this section by the 
     President or his designee, determines that such failure is 
     necessitated by circumstances beyond the control of the 
     physician or health care professional.
       ``(f) Termination of Agreement.--Any agreement under this 
     section shall specify, subject to such regulations as the 
     President or his designee may prescribe, the terms under 
     which the Secretary of Defense and the physician or health 
     care professional may elect to terminate such agreement, and 
     the amounts, if any, required to be refunded by the physician 
     or health care professional for each reason for termination.
       ``(g) Construction With Other Authorities.--(1) An 
     allowance paid under this section shall not be considered as 
     basic pay for the purposes of subchapter VI and section 5595 
     of chapter 55 of title 5, chapter 81 or 87 of title 5, or 
     other benefits related to basic pay.
       ``(2) Any allowance under this section for a Department of 
     Defense physician or Department of Defense health care 
     professional shall be paid in the same manner and at the same 
     time as the basic pay of the physician or health care 
     professional is paid.
       ``(h) Annual Report.--Not later than June 30 each year, the 
     Secretary of Defense shall submit to Congress a written 
     report on the operation of this section during the preceding 
     year. Each report shall include, with respect to the year 
     covered by such report, information as to--
       ``(1) the nature and extent of the recruitment or retention 
     problems justifying the use by the Department of Defense of 
     the authority under this section;
       ``(2) the number of physicians and health care 
     professionals with whom agreements were entered into by the 
     Department of Defense;
       ``(3) the size of the allowances and the duration of the 
     agreements entered into; and
       ``(4) the degree to which the recruitment or retention 
     problems referred to in paragraph (1) were alleviated under 
     this section.
       ``(i) Definitions.--In this section:
       ``(1) The term `Department of Defense health care 
     professional' means any individual employed by the Department 
     of Defense who is a qualified health care professional 
     employed as a health care professional and paid under any 
     provision of law specified in subparagraphs (A) through (F) 
     of paragraph (2).
       ``(2) The term `Department of Defense physician' means any 
     individual employed by the Department of Defense as a 
     physician or dentist who is paid under a provision or 
     provisions of law as follows:
       ``(A) Section 5332 of title 5, relating to the General 
     Schedule.
       ``(B) Subchapter VIII of chapter 53 of title 5, relating to 
     the Senior Executive Service.
       ``(C) Section 5371 of title 5, relating to certain health 
     care positions.
       ``(D) Section 5376, of title 5, relating to certain senior-
     level positions.
       ``(E) Section 5377 of title 5, relating to critical 
     positions.
       ``(F) Subchapter IX of chapter 53 of title 5, relating to 
     special occupational pay systems.
       ``(3) The term `qualified health care professional' means 
     any individual who is--
       ``(A) a psychologist who meets the Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Psychologist as required by the position to be 
     filled;
       ``(B) a nurse who meets the applicable Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Nurse as required by the position to be filled;
       ``(C) a nurse anesthetist who meets the applicable Office 
     of Personnel Management Qualification Standards for the 
     Occupational Series of Nurse as required by the position to 
     be filled;
       ``(D) a physician assistant who meets the applicable Office 
     of Personnel Management Qualification Standards for the 
     Occupational Series of Physician Assistant as required by the 
     position to be filled; or

[[Page S9269]]

       ``(E) a social worker who meets the applicable Office of 
     Personnel Management Qualification Standards for the 
     Occupational Series of Social Worker as required by the 
     position to be filled.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by adding at 
     the end the following new item:

``1599e. Physicians and health care professionals comparability 
              allowances.''.
                                 ______
                                 
  SA 2218. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of section 844, insert the following:
       (h) Study and Plan.--
       (1) In general.--No amounts in the Fund may be used until 
     the Secretary of Defense develops a plan for establishing the 
     appropriate size of the acquisition workforce of the 
     Department to accomplish inherently governmental functions.
       (2) Content.--The plan developed under paragraph (1) 
     shall--
       (A) identify the positions and skills, due to their 
     inherently governmental nature, that should be supplied by 
     Department of Defense personnel versus contractor personnel;
       (B) identify the gaps in skills that exist within the 
     current acquisition workforce of the Department;
       (C) create a plan for closing such skill gaps;
       (D) create a plan for obtaining a proper match between the 
     level of acquisition expertise within each acquisition 
     program office and the level of risk associated with the 
     acquisition program that the program office is expected to 
     manage; and
       (E) identify the additional personnel or hiring authorities 
     that may be required on an interim basis, until such time as 
     the Department of Defense has sufficient government personnel 
     to fill the positions designated as inherently governmental.
       (3) Report.--Not later than October 1, 2008, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report on the plan developed under paragraph 
     (1).
                                 ______
                                 
  SA 2219. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 872 and insert the following:

     SEC. 872. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES 
                   PRODUCED IN IRAQ, AFGHANISTAN, AND OTHER 
                   DESIGNATED AREAS WITHIN THE CENTCOM AREA OF 
                   RESPONSIBILITY.

       (a) In General.--In the case of a product or service to be 
     acquired in support of military operations or stability 
     operations in Iraq, Afghanistan, or other designated 
     contingency area within the area of responsibility of the 
     Central Command (CENTCOM AOR), including security, 
     transition, reconstruction, and humanitarian relief 
     activities, for which the Secretary of Defense makes a 
     determination described in subsection (b), the Secretary may 
     conduct a procurement in which--
       (1) competition is limited to products or services that are 
     from Iraq, Afghanistan, or other designated contingency area 
     within the CENTCOM AOR;
       (2) procedures other than competitive procedures are used 
     to award a contract to a particular source or sources from 
     Iraq, Afghanistan, or other designated contingency area 
     within the CENTCOM AOR; or
       (3) a preference is provided for products or services that 
     are from Iraq, Afghanistan, or other designated contingency 
     area within the CENTCOM AOR.
       (b) Determination.--A determination described in this 
     subsection is a determination by the Secretary that--
       (1) the product or service concerned is to be used only by 
     the military forces, police, or other security personnel of 
     Iraq, Afghanistan, or other designated contingency area 
     within the CENTCOM AOR; or
       (2) it is in the national security interest of the United 
     States to limit competition, use procedures other than 
     competitive procedures, or provide a preference as described 
     in subsection (a) because--
       (A) such limitation, procedure, or preference is necessary 
     to provide a stable source of jobs in Iraq, Afghanistan, or 
     other designated contingency area within the CENTCOM AOR; and
       (B) such limitation, procedure, or preference will not 
     adversely affect--
       (i) military operations or stability operations in Iraq, 
     Afghanistan, or other designated contingency area within the 
     CENTCOM AOR; or
       (ii) the United States industrial base.
       (c) Products, Services, and Sources From Iraq, Afghanistan, 
     or Other Designated Contingency Area Within the CENTCOM 
     AOR.--For the purposes of this section:
       (1) A product is from Iraq, Afghanistan, or other 
     designated contingency area within the CENTCOM AOR if it is 
     mined, produced, or manufactured in Iraq, Afghanistan, or 
     other designated contingency area within the CENTCOM AOR.
       (2) A service is from Iraq, Afghanistan, or other 
     designated contingency area within the CENTCOM AOR if it is 
     performed in Iraq, Afghanistan, or other designated 
     contingency area within the CENTCOM AOR by citizens or 
     permanent resident aliens of Iraq, Afghanistan, or other 
     designated contingency area within the CENTCOM AOR.
       (3) A source is from Iraq, Afghanistan, or other designated 
     contingency area within the CENTCOM AOR if it--
       (A) is located in Iraq, Afghanistan, or other designated 
     contingency area within the CENTCOM AOR; and
       (B) offers products or services that are from Iraq, 
     Afghanistan, or other designated contingency area within the 
     CENTCOM AOR.
                                 ______
                                 
  SA 2220. Mr. SESSIONS (for himself, Mr. Chambliss, and Mrs. Clinton) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 604. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR 
                   CERTAIN SELECTED RESERVE MEMBERS.

       (a) Payment of Travel Costs Authorized.--
       (1) In general.--Chapter 7 of title 37, United States Code, 
     is amended by inserting after section 408 the following new 
     section:

     ``Sec. 408a. Travel and transportation allowances: inactive 
       duty training

       ``(a) Allowance Authorized.--Under regulations prescribed 
     by the Secretary of Defense, the Secretary concerned may 
     reimburse a member of the Selected Reserve of the Ready 
     Reserve described in subsection (b) for travel expenses for 
     travel to an inactive duty training location to perform 
     inactive duty training.
       ``(b) Eligible Members.--A member of the Selected Reserve 
     of the Ready Reserve described in this subsection is a member 
     who--
       ``(1) is--
       ``(A) qualified in a skill designated as critically short 
     by the Secretary concerned;
       ``(B) assigned to a unit of the Selected Reserve with a 
     critical manpower shortage, or is in a pay grade in the 
     member's reserve component with a critical manpower shortage; 
     or
       ``(C) assigned to a unit or position that is disestablished 
     or relocated as a result of defense base closure or 
     realignment or another force structure reallocation; and
       ``(2) commutes a distance from the member's permanent 
     residence to the member's inactive duty training location 
     that is outside the normal commuting distance (as determined 
     under regulations prescribed by the Secretary of Defense) for 
     that commute.
       ``(c) Maximum Amount.--The maximum amount of reimbursement 
     provided a member under subsection (a) for each round trip to 
     a training location shall be $300.
       ``(d) Termination.--No reimbursement may be provided under 
     this section for travel that occurs after December 31, 
     2010.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by inserting 
     after the item relating to section 408 the following new 
     item:

``408a. Travel and transportation allowances: inactive duty 
              training.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2007. No reimbursement may be 
     provided under section 408a of title 37, United States Code 
     (as added by subsection (a)), for travel costs incurred 
     before October 1, 2007.
                                 ______
                                 
  SA 2221. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 10__. COMMERCIALIZATION PILOT PROGRAM.

       Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) 
     is amended--
       (1) in paragraph (1), by adding at the end the following: 
     ``The authority to create and administer a Commercialization 
     Pilot Program under this subsection may not be construed to 
     eliminate or replace any other

[[Page S9270]]

     SBIR program that enhances the insertion or transition of 
     SBIR technologies, including any such program in effect on 
     the date of enactment of the National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
     3136).'';
       (2) by redesignating paragraphs (5) and (6) as paragraphs 
     (7) and (8), respectively;
       (3) by inserting after paragraph (4) the following:
       ``(5) Insertion incentives.--For any contract with a value 
     of not less than $100,000,000, the Secretary of Defense and 
     each Secretary of a military department is authorized to--
       ``(A) establish goals for transitioning Phase III 
     technologies in subcontracting plans;
       ``(B) change the profit guidelines to increase the 
     incentive for a prime contractor on such a contract to insert 
     SBIR and STTR technology into programs of record or fielded 
     systems; and
       ``(C) require a prime contractor on such a contract to 
     report the number and dollar amount of contracts entered into 
     by that prime contractor for Phase III SBIR projects.
       ``(6) Goal for sbir technology insertion.--The Secretary of 
     Defense and each Secretary of a military department shall--
       ``(A) set a goal to increase the number of Phase II 
     contracts awarded by that Secretary that lead to technology 
     transition into programs of record or fielded systems;
       ``(B) use incentives in effect on the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2008, 
     or create new incentives, to encourage prime contractors to 
     meet the goal under subparagraph (A); and
       ``(C) submit to the Committee on Armed Services and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Armed Services and the Committee 
     on Small Business of the House of Representatives an annual 
     report regarding the percentage of contracts described in 
     subparagraph (A) awarded by that Secretary.''; and
       (4) in paragraph (8), as so redesignated, by striking 
     ``fiscal year 2009'' and inserting ``fiscal year 2012''.
                                 ______
                                 
  SA 2222. Mrs. CLINTON (for herself and Mr. Whitehouse) submitted an 
amendment intended to be proposed by her to the bill H.R. 1585 to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXXI, add the following:

                Subtitle D--Nuclear Terrorism Prevention

     SEC. 3131. DEFINITIONS.

       In this subtitle:
       (1) The term ``Convention on the Physical Protection of 
     Nuclear Material'' means the Convention on the Physical 
     Protection of Nuclear Material, signed at New York and Vienna 
     March 3, 1980.
       (2) The term ``formula quantities of strategic special 
     nuclear material'' means uranium-235 (contained in uranium 
     enriched to 20 percent or more in the U-235 isotope), 
     uranium-233, or plutonium in any combination in a total 
     quantity of 5,000 grams or more computed by the formula, 
     grams = (grams contained U-235) + 2.5 (grams U-233 + grams 
     plutonium), as set forth in the definitions of ``formula 
     quantity'' and ``strategic special nuclear material'' in 
     section 73.2 of title 10, Code of Federal Regulations.
       (3) The term ``Nuclear Non-Proliferation Treaty'' means 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).
       (4) The term ``nuclear weapon'' means any device utilizing 
     atomic energy, exclusive of the means for transporting or 
     propelling the device (where such means is a separable and 
     divisible part of the device), the principal purpose of which 
     is for use as, or for the development of, a weapon, a weapon 
     prototype, or a weapon test device.

     SEC. 3132. FINDINGS.

       Congress makes the following findings:
       (1) The possibility that terrorists may acquire and use a 
     nuclear weapon against the United States is the most horrific 
     threat that our Nation faces.
       (2) The September 2006 ``National Strategy for Combating 
     Terrorism'' issued by the White House states, ``Weapons of 
     mass destruction in the hands of terrorists is one of the 
     gravest threats we face.''
       (3) Former Senator and cofounder of the Nuclear Threat 
     Initiative Sam Nunn has stated, ``Stockpiles of loosely 
     guarded nuclear weapons material are scattered around the 
     world, offering inviting targets for theft or sale. We are 
     working on this, but I believe that the threat is outrunning 
     our response.''.
       (4) Existing programs intended to secure, monitor, and 
     reduce nuclear stockpiles, redirect nuclear scientists, and 
     interdict nuclear smuggling have made substantial progress, 
     but additional efforts are needed to reduce the threat of 
     nuclear terrorism as much as possible.
       (5) Former United Nations Secretary-General Kofi Annan has 
     said that a nuclear terror attack ``would not only cause 
     widespread death and destruction, but would stagger the world 
     economy and thrust tens of millions of people into dire 
     poverty''.
       (6) United Nations Security Council Resolution 1540 (2004) 
     reaffirms the need to combat by all means, in accordance with 
     the Charter of the United Nations, threats to international 
     peace and security caused by terrorist acts, and directs all 
     countries, in accordance with their national procedures, to 
     adopt and enforce effective laws that prohibit any non-state 
     actor from manufacturing, acquiring, possessing, developing, 
     transporting, transferring, or using nuclear, chemical, or 
     biological weapons and their means of delivery, in particular 
     for terrorist purposes, and to prohibit attempts to engage in 
     any of the foregoing activities, participate in them as an 
     accomplice, or assist or finance them.
       (7) The Director General of the International Atomic Energy 
     Agency, Dr. Mohammed ElBaradei, has said that it is a ``race 
     against time'' to prevent a terrorist attack using a nuclear 
     weapon.
       (8) The International Atomic Energy Agency plays a vital 
     role in coordinating efforts to protect nuclear materials and 
     to combat nuclear smuggling.
       (9) Legislation sponsored by Senator Richard Lugar, Senator 
     Pete Domenici, and former Senator Sam Nunn has resulted in 
     groundbreaking programs to secure nuclear weapons and 
     materials and to help ensure that such weapons and materials 
     do not fall into the hands of terrorists.

     SEC. 3133. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR 
                   TERRORISM.

       It is the sense of Congress that--
       (1) the President should make the prevention of a nuclear 
     terrorist attack on the United States of the highest 
     priority;
       (2) the President should accelerate programs, requesting 
     additional funding as appropriate, to prevent nuclear 
     terrorism, including combating nuclear smuggling, securing 
     and accounting for nuclear weapons, and eliminating, 
     removing, or securing and accounting for formula quantities 
     of strategic special nuclear material wherever such 
     quantities may be;
       (3) the United States, together with the international 
     community, should take a comprehensive approach to reducing 
     the danger of nuclear terrorism, including by making 
     additional efforts to identify and eliminate terrorist groups 
     that aim to acquire nuclear weapons, to ensure that nuclear 
     weapons worldwide are secure and accounted for and that 
     formula quantities of strategic special nuclear material 
     worldwide are eliminated, removed, or secure and accounted 
     for to a degree sufficient to defeat the threat that 
     terrorists and criminals have shown they can pose, and to 
     increase the ability to find and stop terrorist efforts to 
     manufacture nuclear explosives or to transport nuclear 
     explosives and materials anywhere in the world;
       (4) within such a comprehensive approach, a high priority 
     must be placed on ensuring that all nuclear weapons worldwide 
     are secure and accounted for and that all formula quantities 
     of strategic special nuclear material worldwide are 
     eliminated, removed, or secure and accounted for; and
       (5) the International Atomic Energy Agency should be funded 
     appropriately to fulfill its role in coordinating 
     international efforts to protect nuclear material and to 
     combat nuclear smuggling.

     SEC. 3134. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND 
                   FORMULA QUANTITIES OF STRATEGIC SPECIAL NUCLEAR 
                   MATERIAL.

       (a) Policy.--It is the policy of the United States to work 
     with the international community to take all possible steps 
     to ensure that all nuclear weapons around the world are 
     secure and accounted for and that all formula quantities of 
     strategic special nuclear material are eliminated, removed, 
     or secure and accounted for to a level sufficient to defeat 
     the threats posed by terrorists and criminals.
       (b) International Nuclear Security Standard.--In 
     furtherance of the policy described in subsection (a), and 
     consistent with the requirement for ``appropriate effective'' 
     physical protection contained in United Nations Security 
     Council Resolution 1540 (2004), as well as the Nuclear Non-
     Proliferation Treaty and the Convention on the Physical 
     Protection of Nuclear Material, the President, in 
     consultation with relevant Federal departments and agencies, 
     shall seek the broadest possible international agreement on a 
     global standard for nuclear security that--
       (1) ensures that nuclear weapons and formula quantities of 
     strategic special nuclear material are secure and accounted 
     for to a sufficient level to defeat the threats posed by 
     terrorists and criminals;
       (2) takes into account the limitations of equipment and 
     human performance; and
       (3) includes steps to provide confidence that the needed 
     measures have in fact been implemented.
       (c) International Efforts.--In furtherance of the policy 
     described in subsection (a), the President, in consultation 
     with relevant Federal departments and agencies, shall--
       (1) work with other countries and the International Atomic 
     Energy Agency to assist as appropriate, and if necessary, 
     work to convince, the governments of any and all countries in 
     possession of nuclear weapons or formula quantities of 
     strategic special nuclear material to ensure that security is 
     upgraded to meet the standard described in

[[Page S9271]]

     subsection (b) as rapidly as possible and in a manner that--
       (A) accounts for the nature of the terrorist and criminal 
     threat in each such country; and
       (B) ensures that any measures to which the United States 
     and any such country agree are sustained after United States 
     and other international assistance ends;
       (2) ensure that United States financial and technical 
     assistance is available as appropriate to countries for which 
     the provision of such assistance would accelerate the 
     implementation of, or improve the effectiveness of, such 
     security upgrades; and
       (3) work with the governments of other countries to ensure 
     that effective nuclear security rules, accompanied by 
     effective regulation and enforcement, are put in place to 
     govern all nuclear weapons and formula quantities of 
     strategic special nuclear material around the world.

     SEC. 3135. ANNUAL REPORT.

       (a) In General.--Not later than September 1 of each year, 
     the President, in consultation with relevant Federal 
     departments and agencies, shall submit to Congress a report 
     on the security of nuclear weapons, formula quantities of 
     strategic special nuclear material, radiological materials, 
     and related equipment worldwide.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A section on the programs for the security and 
     accounting of nuclear weapons and the elimination, removal, 
     and security and accounting of formula quantities of 
     strategic special nuclear material and radiological 
     materials, established under section 3132(b) of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (50 U.S.C. 2569(b)), which shall include the following:
       (A) A survey of the facilities and sites worldwide that 
     contain nuclear weapons or related equipment, formula 
     quantities of strategic special nuclear material, or 
     radiological materials.
       (B) A list of such facilities and sites determined to be of 
     the highest priority for security and accounting of nuclear 
     weapons and related equipment, or the elimination, removal, 
     or security and accounting of formula quantities of strategic 
     special nuclear material and radiological materials, taking 
     into account risk of theft from such facilities and sites, 
     and organized by level of priority.
       (C) A prioritized diplomatic and technical plan, including 
     measurable milestones, metrics, estimated timetables, and 
     estimated costs of implementation, on the following:
       (i) The security and accounting of nuclear weapons and 
     related equipment and the elimination, removal, or security 
     and accounting of formula quantities of strategic special 
     nuclear material and radiological materials at such 
     facilities and sites worldwide.
       (ii) Ensuring that security upgrades and accounting reforms 
     implemented at such facilities and sites worldwide using the 
     financial and technical assistance of the United States are 
     effectively sustained after such assistance ends.
       (iii) The role that international agencies and the 
     international community have committed to play, together with 
     a plan for securing contributions.
       (D) An assessment of the progress made in implementing the 
     plan described in subparagraph (C), including a description 
     of the efforts of foreign governments to secure and account 
     for nuclear weapons and related equipment and to eliminate, 
     remove, or secure and account for formula quantities of 
     strategic special nuclear material and radiological 
     materials.
       (2) A section on efforts to establish and implement the 
     international nuclear security standard described in section 
     3134(b) and related policies.
       (c) Form.--The report may be submitted in classified form 
     but shall include a detailed unclassified summary.
                                 ______
                                 
  SA 2223. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) United States space-based satellites provide automated 
     reconnaissance and mapping, aid weather prediction, track 
     fleet and troop movements, give accurate positions of United 
     States and enemy forces, and guide missiles and pilotless 
     planes to their targets during military operations.
       (2) United States access to space is dependent upon our 
     ability to defend our space assets.
       (3) China has an aggressive mission to gain space power, 
     and on January 17, 2007, China successfully conducted an 
     anti-satellite (ASAT) weapons test that successfully 
     destroyed an inactive Chinese weather satellite.
       (4) Space-based weapons in the hands of hostile states 
     constitute an asymmetric capability designed to undermine 
     United States strengths.
       (5) Space-based assets have the potential to prevent 
     interference with United States satellites.
       (b) Policy.--It is the policy of the United States to 
     protect its military and civilian satellites and to research 
     all potential means of doing so.
                                 ______
                                 
  SA 2224. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 325. OPERATION JUMP START.

       (a) Additional Amount for Operation and Maintenance, 
     Defense-Wide Activities.--The amount authorized to be 
     appropriated by section 301(5) for operation and maintenance 
     for Defense-wide activities is hereby increased by 
     $400,000,000.
       (b) Availability of Amount.--
       (1) In general.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance 
     for Defense-wide activities, as increased by subsection (a), 
     $400,000,000 may be available for Operation Jump Start in 
     order to maintain a significant durational force of the 
     National Guard on the southern land border of the United 
     States to assist the United States Border Patrol in gaining 
     operational control of that border.
       (2) Supplement not supplant.--The amount available under 
     paragraph (1) for the purpose specified in that paragraph is 
     in addition to any other amounts available in this Act for 
     that purpose.
                                 ______
                                 
  SA 2225. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 236. BALLISTIC MISSILE DEFENSE SPACE TESTBED.

       Of the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities--
       (1) the amount available for the Ballistic Missile Defense 
     Space Testbed (PE#0603895C) is hereby increased by 
     $10,000,000; and
       (2) the amount available for Ballistic Missile Defense 
     Technology (PE#0603175C) is hereby decreased by $10,000,000.
                                 ______
                                 
  SA 2226. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STATE SPONSORS OF TERRORISM.

       (a) Definition.--In this section, the term ``state sponsor 
     of terrorism'' means any country, the government of which has 
     been determined by the Secretary of State to have repeatedly 
     provided support for acts of international terrorism pursuant 
     to--
       (1) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (2) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (3) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)).
       (b) Securities and Exchange Commission Disclosure of 
     Business Ties to State Sponsors of Terror.--
       (1) Requirement for a securities and exchange commission 
     report.--Not later than 90 days after the date of enactment 
     of this Act and annually thereafter, the Securities and 
     Exchange Commission (in this section referred to as the 
     ``Commission'') shall prepare and submit to Congress a report 
     on business activities carried out with state sponsors of 
     terrorism.
       (2) Content.--The report required by paragraph (1) shall 
     include--
       (A) a list of all persons required to make periodic or 
     other filings pursuant to section 13(a) or 15(d) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) 
     that disclose in filings with the Commission business 
     activity in or with a country that is a state sponsor of 
     terrorism, or an instrumentality of such a country;
       (B) a description of such business activities carried out 
     by each person referred to in subparagraph (A);

[[Page S9272]]

       (C) the value of such activities carried out by each person 
     referred to in subparagraph (A); and
       (D) a description of the disclosure standard in effect at 
     the time at which the content of the report was collected, if 
     it has changed from the time of the first or most recent 
     report submitted pursuant to paragraph (1), and the criteria 
     for persons to register under section 12(g) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78l(g)).
       (3) Publication of report.--The Commission shall make the 
     report required by this subsection available on its website 
     in an easily accessible and searchable format.
       (4) Strengthening securities and exchange commission 
     disclosure requirement.--Not later than 180 days after the 
     date of enactment of this Act, the Commission shall issue 
     regulations to require disclosure by all persons required to 
     make periodic or other filings pursuant to section 13(a) or 
     15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78m(a), 78o(d)) of business activity in an amount equal to 
     more than $1,000,000, either directly or through an 
     affiliate, in or with a country that is a state sponsor of 
     terrorism, or an instrumentality of such country.
       (c) Report on Business Ties to State Sponsors of 
     Terrorism.--
       (1) Requirement for report.--Not later than 270 days after 
     the date of enactment of this Act, and annually thereafter, 
     the Director of National Intelligence shall submit to 
     Congress a classified report on business activities carried 
     out with state sponsors of terrorism.
       (2) Data.--The Director of National Intelligence shall use 
     all data available from elements of the intelligence 
     community (as that term is defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 401a)), the 
     Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Energy, the Secretary of State, the Secretary of 
     the Treasury, the Chairman of the Securities and Exchange 
     Commission, and other appropriate governmental and 
     nongovernmental entities to prepare the report required by 
     paragraph (1).
       (3) Content.--The report required by paragraph (1) shall 
     include--
       (A) a list of persons, including foreign persons, that 
     carry out business activities in or with a country that is a 
     state sponsor of terrorism, or an instrumentality of such a 
     country;
       (B) a description of such business activities carried out 
     by each such person;
       (C) the value of such activities carried out by each such 
     person;
       (D) an assessment of likely omissions and incompleteness in 
     the report required by paragraph (1);
       (E) if necessary, differentiation by the degree of 
     reliability of the data used to prepare the such report;
       (F) a description of available options to increase the 
     completeness and reliability of such data;
       (G) an assessment of the economic condition of each state 
     sponsor of terrorism; and
       (H) an assessment of the effects of implementing various 
     divestiture and sanctions options against each state sponsor 
     of terrorism.
       (d) Government Accountability Office Reports.--
       (1) Evaluation of director of national intelligence and 
     securities and exchange commission reports.--Not later than 
     90 days after the date of delivery of the report of the 
     Director of National Intelligence under subsection (c), and 
     annually thereafter, the Comptroller General of the United 
     States shall prepare and submit to Congress a report that 
     compares the report of the Commission submitted under 
     subsection (b) and the report of the Director submitted under 
     subsection (c), to include--
       (A) a comparison of included persons and business 
     activities;
       (B) measures that evaluate the completeness of each report;
       (C) measures that evaluate the reliability of each report; 
     and
       (D) an assessment of options to increase the completeness 
     and reliability of such data.
       (2) Investment report.--Not later than 90 days after the 
     date of delivery of the report of the Director of National 
     Intelligence under subsection (c), and annually thereafter, 
     the Comptroller General of the United States shall prepare 
     and submit to Congress, a report--
       (A) that, in an unclassified section, contains the names of 
     persons described in subsection (b)(2)(A) that are included 
     in each of the major investable financial market indices and 
     the holdings of the Federal Thrift Savings Plan of the 
     Federal Retirement Thrift Investment Board (in this paragraph 
     referred to as the ``TSP''), including--
       (i) the percentage of each such index and TSP holdings 
     comprised of such persons; and
       (ii) the dollar capitalization of each such person;
       (B) that, in a classified section, contains the names of 
     persons described in subsection (c)(3)(A) that are included 
     in each of the major investable financial market indices and 
     the holdings of the TSP, including--
       (i) the percentage of each such index and TSP holdings 
     comprised of such persons; and
       (ii) the dollar capitalization of each such person; and
       (C) the unclassified section of which is made available on 
     the website of the Government Accountability Office in an 
     easily accessible and searchable format.
       (3) Government contracting report.--Not later than 90 days 
     after the date of delivery of the report of the Director of 
     National Intelligence under subsection (c), and annually 
     thereafter, the Comptroller General of the United States 
     shall prepare and submit to Congress a report--
       (A) that, in an unclassified section, contains the names of 
     the persons described in subsection (b)(2)(A), the nature of 
     the activity, and the value of United States Government 
     active contracting for the procurement of goods or services 
     with any such person;
       (B) that, in a classified section, contains the names of 
     the persons described in subsection (c)(3)(A), the nature of 
     the activity, and the value of United States Government 
     active contracting for the procurement of goods or services 
     with any such person; and
       (C) the unclassified section of which is made available on 
     the website of the Government Accountability Office in an 
     easily accessible and searchable format.
       (e) Authorization for Certain State and Local Divestment 
     Measures.--
       (1) In general.--Notwithstanding any other provision of 
     law, any State, locality, or United States college or 
     university may adopt measures to prohibit any investment of 
     State, local, college, or university assets in the Government 
     of a state sponsor of terror, or in any person with a 
     qualifying business relationship with a state sponsor of 
     terrorism.
       (2) Applicability.--Paragraph (1) shall apply to measures 
     adopted before, on, or after the date of enactment of this 
     Act.
       (f) Investment Company Act of 1940.--Section 13 of the 
     Investment Company Act of 1940 (15 U.S.C. 80a-13) is amended 
     by adding at the end the following:
       ``(c) Safe Harbor for Changes in Investment Policies.--
       ``(1) In general.--Notwithstanding any other provision of 
     Federal or State law, no person may bring any civil, 
     criminal, or administrative action against any registered 
     investment company or person providing services to such 
     registered investment company (including its investment 
     adviser), or any employee, officer, or director thereof, 
     based solely upon the investment company divesting from, or 
     avoiding investing in, securities issued by persons that are 
     included on the most recent list published under section 
     3(a)(1) of the Iran Sanctions Enabling Act, as modified under 
     section 3(b) of that Act.
       ``(2) Definition.--For purposes of this subsection, the 
     term `person' includes the Federal Government and any State 
     or political subdivision of a State.''.
       (g) Increased Penalties Under the International Emergency 
     Economic Powers Act.--
       (1) In general.--Section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) is amended to read as 
     follows:

     ``SEC. 206. PENALTIES.

       ``(a) Unlawful Acts.--It shall be unlawful for a person to 
     violate, attempt to violate, conspire to violate, or cause a 
     violation of any license, order, regulation, or prohibition 
     issued under this title.
       ``(b) Civil Penalty.--A civil penalty may be imposed on any 
     person who commits an unlawful act described in subsection 
     (a) in an amount not to exceed the greater of--
       ``(1) $250,000; or
       ``(2) an amount that is twice the amount of the transaction 
     that is the basis of the violation with respect to which the 
     penalty is imposed.
       ``(c) Criminal Penalty.--A person who willfully commits, 
     willfully attempts to commit, or willfully conspires to 
     commit, or aids or abets in the commission of, an unlawful 
     act described in subsection (a) shall, upon conviction, be 
     fined not more than $1,000,000, or if a natural person, may 
     be imprisoned for not more than 20 years, or both.''.
       (2) Effective date.--The amendment made by this subsection 
     applies to violations described in section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     with respect to which enforcement action is pending or 
     commenced on or after the date of enactment of this Act.
                                 ______
                                 
  SA 2227. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1205. LIMITATION ON AVAILABILITY OF FOREIGN MILITARY 
                   FINANCING PROGRAM ASSISTANCE FOR EGYPT.

       Of the amount appropriated or otherwise made available by 
     any Act making appropriations for the Department of State, 
     foreign operations, and related programs for fiscal year 2008 
     for the Foreign Military Financing Program and available for 
     assistance for Egypt, $200,000,000 may not be made available 
     to be obligated or expended until the Secretary of State 
     certifies that the Government of Egypt has taken concrete and 
     measurable steps--
       (1) to enact and implement a new judicial authority law 
     that protects the independence of the judiciary;

[[Page S9273]]

       (2) to review criminal procedures and train police 
     leadership in modern policing to curb police abuses; and
       (3) to detect and destroy the smuggling network and 
     smuggling tunnels that lead from Egypt to Gaza.
                                 ______
                                 
  SA 2228. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 1203, strike subsection (a) and insert the 
     following:
       (a) Authority for Fiscal Year 2008.--
       (1) In general.--During fiscal year 2008, from funds made 
     available to the Department of Defense for operation and 
     maintenance for such fiscal year, not to exceed $977,441,000 
     may be used by the Secretary of Defense in such fiscal year 
     to provide funds--
       (A) for the Commanders' Emergency Response Program in Iraq 
     for the purpose of enabling United States military commanders 
     in Iraq to respond to urgent humanitarian relief and 
     reconstruction requirements within their areas of 
     responsibility by carrying out programs that will immediately 
     assist the Iraqi people; and
       (B) for a similar program to assist the people of 
     Afghanistan.
       (2) Voluntary relocation in iraq.--The response to urgent 
     humanitarian relief and reconstruction requirements referred 
     to in paragraph (1)(A) shall include using direct payments, 
     job creation, and housing assistance to facilitate the 
     relocation of Iraqi individuals and families, if, in the 
     judgment of United States military commanders in Iraq--
       (A) such individuals and families are affiliated with a 
     sect that comprises no more than half of the population of 
     the neighborhood or community in which they reside;
       (B) such individuals and families are likely targets of 
     violence because of their sectarian affiliation;
       (C) such individuals and families desire to relocate to a 
     neighborhood or community where their sect comprises a 
     substantial majority of the population; and
       (D) the security of a particular neighborhood or community 
     can be improved with the relocation of sectarian minorities.
                                 ______
                                 
  SA 2229. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XV, add the following:

     SEC. 1535. COUNTERTERRORISM ASSISTANCE TO SECURITY FORCES IN 
                   THE KURDISTAN REGION.

       (a) Findings.--Congress makes the following findings:
       (1) Turkey, a key ally of the United States and an 
     important fellow member of NATO, faces a terrorist threat 
     from the Kurdistan Workers Party, or PKK, an organization 
     included on the Department of State's list of foreign 
     terrorist organizations.
       (2) Some PKK members now reside in, plan, or launch 
     terrorist operations from northern Iraq.
       (3) Iraq, a sovereign nation, is obliged under 
     international law to protect neighboring countries from 
     threats emanating from within its own borders.
       (4) The Kurdistan Regional Government, which oversees a 
     three-province, constitutionally-recognized region of Iraq 
     that is largely stable and peaceful, requires additional 
     capacity to eliminate terrorist-related activities, including 
     those of the PKK, that exist within its boundaries.
       (5) The Georgia Train and Equip Program, started in 2002--
       (A) enhanced the counterterrorism, border security, and 
     intelligence capabilities of the Government of Georgia;
       (B) successfully mitigated the growing threat of 
     international terrorism within the borders of Georgia; and
       (C) contributed to greater regional stability and made a 
     positive contribution to relations between the Governments of 
     Georgia and Russia.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) peace and stability along the border between Turkey and 
     Iraq is essential for the long-term security of Iraq; and
       (2) the Georgia Train and Equip Program provides a model 
     for security assistance necessary to counter terrorist 
     threats in northern Iraq.
       (c) Assistance Program.--The Commander, Multi-National 
     Security Transition Command-Iraq, shall develop and implement 
     a program, modeled after the Georgia Train and Equip Program, 
     to assist the Government of Iraq and the Kurdistan Regional 
     Government in securing Iraq's border with Turkey and 
     eliminating terrorist safe havens, including by providing 
     assistance--
       (1) to secure Iraq's border with Turkey;
       (2) to eliminate PKK safe havens in the Kurdistan Region; 
     and
       (3) to enhance the intelligence gathering and border 
     security capabilities of the Government of Iraq.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Commander, Multi-National Security 
     Transition Command-Iraq, shall report to Congress on the 
     progress in developing and implementing the program required 
     under subsection (c).
                                 ______
                                 
  SA 2230. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
intended to be proposed to amendment SA 2045 submitted by Mr. Warner 
(for himself and Mr. Webb) and intended to be proposed to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF 
                   THAILAND.

       (a) Findings.--Congress makes the following findings:
       (1) Thailand is an important strategic ally and economic 
     partner of the United States.
       (2) The United States strongly supports the prompt 
     restoration of democratic rule in Thailand.
       (3) While it is in the interest of the United States to 
     have a robust defense relationship with Thailand, it is 
     appropriate that the United States has curtailed certain 
     military-to-military cooperation and assistance programs 
     until democratic rule has been restored in Thailand.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Thailand should continue on the path to restore 
     democratic rule as quickly as possible, and should hold free 
     and fair national elections as soon as possible and no later 
     than December 2007; and
       (2) once Thailand has fully reestablished democratic rule, 
     it will be both possible and desirable for the United States 
     to reinstate a full program of military assistance to the 
     Government of Thailand, including programs such as 
     International Military Education and Training (IMET) and 
     Foreign Military Financing (FMF) that were appropriately 
     suspended following the military coup in Thailand in 
     September 2006.
       (c) Limitation.--No funds authorized to be appropriated by 
     this Act may be obligated or expended to provide direct 
     assistance to the Government of Thailand to initiate new 
     military assistance activities until 15 days after the 
     Secretary of Defense notifies the Committees on Armed 
     Services and Foreign Relations of the Senate and the 
     Committees on Armed Services and Foreign Affairs of the House 
     of Representatives of the intent of the Secretary to carry 
     out such new types of military assistance activities with 
     Thailand.
       (d) Exception.--The limitation in subsection (c) shall not 
     apply with respect to funds as follows:
       (1) Amounts authorized to be appropriated for Overseas 
     Humanitarian, Disaster, and Civic Aid.
       (2) Amounts otherwise authorized to be appropriated by this 
     Act and available for humanitarian or emergency assistance 
     for other nations.
       (e) New Military Assistance Activities Defined.--In this 
     section, the term ``new military assistance activities'' 
     means military assistance activities that have not been 
     undertaken between the United States and Thailand during 
     fiscal year 2007.
                                 ______
                                 
  SA 2231. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 555. ACCESS TO STUDENT RECRUITING INFORMATION.

       Section 503(c) of title 10, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following: 
     ``(1)(A) Each local educational agency receiving assistance 
     under the Elementary and Secondary Education Act of 1965--
       ``(i) shall provide to military recruiters the same access 
     to secondary school students as is provided generally to 
     postsecondary educational institutions or to prospective 
     employers of those students; and
       ``(ii) shall provide, upon a request made by a military 
     recruiter for military recruiting purposes, access to the 
     name, address, and telephone listing of each secondary school 
     student served by the local educational agency, 
     notwithstanding section 444(a)(5)(B) of the General Education 
     Provisions Act (20 U.S.C. 1232g(a)(5)(B)), unless the parent 
     of

[[Page S9274]]

     such student has submitted the prior consent request under 
     subparagraph (B).
       ``(B)(i) The parent of a secondary school student may 
     submit a written request, to the local educational agency, 
     that the student's name, address, and telephone listing not 
     be released for purposes of subparagraph (A) without prior 
     written parental consent. Upon receiving a request, the local 
     educational agency may not release the student's name, 
     address, and telephone listing for such purposes without the 
     prior written consent of the parent.
       ``(ii) Each local educational agency shall notify parents 
     of the option to make a request described in clause (i).
       ``(C) Nothing in this paragraph shall be construed to allow 
     a local educational agency to withhold access to a student's 
     name, address, and telephone listing from a military 
     recruiter or institution of higher education by implementing 
     an opt-in process or any other process other than the written 
     consent request process under subparagraph (B)(i).
       ``(D) Parental Consent.--For purposes of this paragraph, 
     whenever a student has attained eighteen years of age, the 
     permission or consent required of and the rights accorded to 
     the parents of the student shall only be required of and 
     accorded to the student.'';
       (2) by striking paragraphs (2), (3), and (4) and inserting 
     the following:
       ``(2)(A) If a local educational agency denies recruiting 
     access to a military recruiter under this section, the 
     Secretary shall notify--
       ``(i) the Governor of the State in which the local 
     educational agency is located; and
       ``(ii) the Secretary of Education.
       ``(B) Upon receiving a notification under subparagraph (A), 
     the Secretary of Education--
       ``(i) shall, consistent with the provisions of part D of 
     title IV of the General Education Provisions Act (20 U.S.C. 
     1234c), determine whether the local educational agency is 
     failing to comply substantially with the requirements of this 
     subsection; and
       ``(ii) upon determining that the local educational agency 
     has failed to comply substantially with such requirements, 
     may impose a penalty or enforce a remedy available for a 
     violation of section 9528(a) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7908(a)) in the same manner 
     as such penalty or remedy would apply to a local educational 
     agency that violated such section.''; and
       (3) by redesignating paragraphs (5) and (6) as paragraphs 
     (3) and (4), respectively.
                                 ______
                                 
  SA 2232. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title X, add the following:

     SEC. 1070. REPORT ON FEASIBILITY OF HOUSING A DOMESTIC 
                   MILITARY AVIATION NATIONAL TRAINING CENTER AT 
                   ELLINGTON FIELD, TEXAS.

       (a) In General.--Not later than March 31, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the feasibility of utilizing 
     existing infrastructure or installing new infrastructure at 
     Ellington Field, Texas, to house a Domestic Military Aviation 
     National Training Center (DMA-NTC) for current and future 
     operational reconnaissance and surveillance missions of the 
     National Guard that support local, State, and Federal law 
     enforcement agencies.
       (b) Content.--The report required under subsection (a) 
     shall--
       (1) examine the current and past requirements of RC-26 
     aircraft in support of local, State, and Federal law 
     enforcement and determine the number of aircraft required to 
     provide such support for each State that borders Canada, 
     Mexico, or the Gulf of Mexico;
       (2) determine the number of military and civilian personnel 
     required to run a RC-26 domestic training center meeting the 
     requirements identified under paragraph (1); and
       (3) determine the cost of locating such a training center 
     at Ellington Field, Texas, for the purpose of preempting and 
     responding to security threats and responding to crises.
       (c) Consultation.--In preparing the report required under 
     subsection (a), the Secretary of Defense shall consult with 
     the Adjutant General of each State that borders Canada, 
     Mexico, or the Gulf of Mexico.
                                 ______
                                 
  SA 2233. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title X, add the following:

     SEC. 1070. REPORT ON FEASIBILITY OF HOUSING A NATIONAL 
                   DISASTER RESPONSE CENTER AT KELLY AIR FIELD, 
                   SAN ANTONIO, TEXAS.

       (a) In General.--Not later than March 31, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the feasibility of utilizing 
     existing infrastructure or installing new infrastructure at 
     Kelly Air Field, San Antonio, Texas, to house a National 
     Disaster Response Center for responding to man-made and 
     natural disasters in the United States .
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) A determination of how the National Disaster Response 
     Center would organize and leverage capabilities of the 
     following currently co-located organizations, facilities, and 
     forces located in San Antonio, Texas:
       (A) Lackland Air Force Base.
       (B) Fort Sam Houston.
       (C) Brooke Army Medical Center.
       (D) Wilford Hall Medical Center.
       (E) Audie Murphy Veterans Administration Medical Center.
       (F) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
       (G) 149 Fighter Wing and Texas Air National Guard F-16 
     fighter aircraft.
       (H) Army Northern Command.
       (I) The National Trauma Institute's three level 1 trauma 
     centers.
       (J) Texas Medical Rangers.
       (K) San Antonio Metro Health Department.
       (L) The University of Texas Health Science Center at San 
     Antonio.
       (M) The Air Intelligence Surveillance and Reconnaissance 
     Agency at Lackland Air Force Base.
       (N) The United States Air Force Security Police Training 
     Department at Lackland Air Force Base.
       (O) The large manpower pools and blood donor pools from the 
     more than 6,000 trainees at Lackland Air Force Base.
       (2) Determine the number of military and civilian personnel 
     required to be mobilized to run the logistics, planning, and 
     maintenance of the National Disaster Response Center during a 
     time of disaster recovery.
       (3) Determine the number of military and civilian personnel 
     required to run the logistics, planning, and maintenance of 
     the National Disaster Response Center during a time when no 
     disaster is occurring.
       (4) Determine the cost of improving the current 
     infrastructure at Kelly Air Field to meet the needs of 
     displaced victims of a disaster equivalent to that of 
     Hurricanes Katrina and Rita or a natural or man-made disaster 
     of similar scope, including adequate beds, food stores, and 
     decontamination stations to triage radiation or other 
     chemical or biological agent contamination victims.
                                 ______
                                 
  SA 2234. Mr. SALAZAR (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle E of title III, the following:

     SEC. 358. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE 
                   SUPPORT FOR CERTAIN SPORTING EVENTS.

       (a) Provision of Support.--Section 2564 of title 10, United 
     States Code, is amended--
       (1) in subsection (c), by adding at the end the following 
     new paragraphs:
       ``(4) A sporting event sanctioned by the United States 
     Olympic Committee through the Paralympic Military Program.
       ``(5) Any national or international paralympic sporting 
     event (other than a sporting event described in paragraphs 
     (1) through (4))--
       ``(A) that--
       ``(i) is held in the United States or any of its 
     territories or commonwealths;
       ``(ii) is governed by the International Paralympic 
     Committee; and
       ``(iii) is sanctioned by the United States Olympic 
     Committee;
       ``(B) for which participation exceeds 100 amateur athletes; 
     and
       ``(C) in which at least 10 percent of the athletes 
     participating in the sporting event are members or former 
     members of the armed forces who are participating in the 
     sporting event based upon an injury or wound incurred in the 
     line of duty in the armed force and veterans who are 
     participating in the sporting event based upon a service-
     connected disability.''; and
       (2) by adding at the end the following new subsection:
       ``(g) Funding for Support of Certain Events.--(1) Amounts 
     for the provision of support for a sporting event described 
     in paragraph (4) or (5) of subsection (c) shall be derived 
     from the Support for International Sporting Competitions, 
     Defense account established by section 5802 of the Omnibus 
     Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note), 
     notwithstanding any limitation under that section relating to 
     the availability of funds in such account for the provision 
     of support for international sporting competitions.
       ``(2) The total amount expended for any fiscal year to 
     provide support for sporting

[[Page S9275]]

     events described in subsection (c)(5) may not exceed 
     $1,000,000.''.
       (b) Source of Funds.--Section 5802 of the Omnibus 
     Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note) 
     is amended--
       (1) by inserting after ``international sporting 
     competitions'' the following: ``and for support of sporting 
     competitions authorized under section 2564(c)(4) and (5), of 
     title 10, United States Code,''; and
       (2) by striking ``45 days'' and inserting ``15 days''.
                                 ______
                                 
  SA 2235. Mr. REID (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed by him to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title VI, insert the following:

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

       (a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, 
     United States Code, is amended by inserting ``or a qualified 
     retiree receiving veterans' disability compensation for a 
     disability rated as total (within the meaning of subsection 
     (e)(3)(B))'' after ``rated as 100 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on December 31, 2004.
                                 ______
                                 
  SA 2236. Mr. REID (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed by him to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. __. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--
       (1) Repeal of 50 percent requirement.--Section 1414 of 
     title 10, United States Code, is amended by striking 
     paragraph (2) of subsection (a).
       (2) Computation.--Paragraph (1) of subsection (c) of such 
     section is amended by adding at the end the following new 
     subparagraph:
       ``(G) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 40 percent 
     or less or has a service-connected disability rated as zero 
     percent, $0.''.
       (b) Repeal of Phase-In of Concurrent Receipt for Retirees 
     With Service-Connected Disabilities Rated as Total.--
     Subsection (a)(1) of such section is amended by striking 
     ``except that'' and all that follows and inserting ``except--
       ``(A) in the case of a qualified retiree receiving 
     veterans' disability compensation for a disability rated as 
     100 percent, payment of retired pay to such veteran is 
     subject to subsection (c) only during the period beginning on 
     January 1, 2004, and ending on December 31, 2004; and
       ``(B) in the case of a qualified retiree receiving 
     veterans' disability compensation for a disability rated as 
     total by reason of unemployability, payment of retired pay to 
     such veteran is subject to subsection (c) only during the 
     period beginning on January 1, 2004, and ending on December 
     31, 2007.''.
       (c) Clerical Amendments.--
       (1) The heading for section 1414 of such title is amended 
     to read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2008, and shall apply to 
     payments for months beginning on or after that date.

     SEC. __. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Eligibility for TERA Retirees.--Subsection (c) of 
     section 1413a of title 10, United States Code, is amended by 
     striking ``entitled to retired pay who--'' and inserting 
     ``who--
       ``(1) is entitled to retired pay, other than a member 
     retired under chapter 61 of this title with less than 20 
     years of service creditable under section 1405 of this title 
     and less than 20 years of service computed under section 
     12732 of this title; and
       ``(2) has a combat-related disability.''.
       (b) Amendments To Standardize Similar Provisions.--
       (1) Clerical amendment.--The heading for paragraph (3) of 
     section 1413a(b) of such title is amended by striking 
     ``rules'' and inserting ``rule''.
       (2) Qualified retirees.--Subsection (a) of section 1414 of 
     such title, as amended by section 2(a), is amended--
       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay, other than in the case of 
     a member retired under chapter 61 of this title with less 
     than 20 years of service creditable under section 1405 of 
     this title and less than 20 years of service computed under 
     section 12732 of this title; and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (3) Disability retirees.--Subsection (b) of section 1414 of 
     such title is amended--
       (A) by striking ``Special Rules'' in the subsection heading 
     and all that follows through ``is subject to'' and inserting 
     ``Special Rule for Chapter 61 Disability Retirees.--In the 
     case of a qualified retiree who is retired under chapter 61 
     of this title, the retired pay of the member is subject to''; 
     and
       (B) by striking paragraph (2).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2008, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 2237. Mr. DURBIN (for himself, Mr. Hagel, Mr. Lugar, Mr. Leahy, 
Mr. Obama, Mr. Lieberman, Mrs. Feinstein, Mr. Kerry, Mr. Feingold, Mrs. 
Clinton, Mr. Bayh, Mr. Menendez, Mrs. Murray, Mrs. Boxer, Ms. Cantwell, 
Mr. Salazar, and Mr. Dodd) submitted an amendment intended to be 
proposed by him to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                    TITLE XXXIII--DREAM ACT OF 2007

     SEC. 3301. SHORT TITLE.

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

     SEC. 3302. DEFINITIONS.

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

     SEC. 3303. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect as if included in the enactment of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-546).

     SEC. 3304. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS 
                   OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Special Rule for Certain Long-Term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this title, the Secretary 
     of Homeland Security may cancel removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence, 
     subject to the conditional basis described in section 3305, 
     an alien who is inadmissible or deportable from the United 
     States, if the alien demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period of not less than 5 years 
     immediately preceding the date of enactment of this title, 
     and had not yet reached the age of 16 years at the time of 
     initial entry;
       (B) the alien has been a person of good moral character 
     since the time of application;
       (C) the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     or (10)(C) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)); and

[[Page S9276]]

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

     SEC. 3305. CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of law, and except as provided in section 
     3306, an alien whose status has been adjusted under section 
     3304 to that of an alien lawfully admitted for permanent 
     residence shall be considered to have obtained such status on 
     a conditional basis subject to the provisions of this 
     section. Such conditional permanent resident status shall be 
     valid for a period of 6 years, subject to termination under 
     subsection (b).
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary of Homeland Security 
     shall provide for notice to the alien regarding the 
     provisions of this section and the requirements of subsection 
     (c) to have the conditional basis of such status removed.
       (B) Effect of failure to provide notice.--The failure of 
     the Secretary of Homeland Security to provide a notice under 
     this paragraph--
       (i) shall not affect the enforcement of the provisions of 
     this title with respect to the alien; and
       (ii) shall not give rise to any private right of action by 
     the alien.
       (b) Termination of Status.--
       (1) In general.--The Secretary of Homeland Security shall 
     terminate the conditional permanent resident status of any 
     alien who obtained such status under this title, if the 
     Secretary determines that the alien--
       (A) ceases to meet the requirements of subparagraph (B) or 
     (C) of section 3304(a)(1);
       (B) has become a public charge; or
       (C) has received a dishonorable or other than honorable 
     discharge from the uniformed services.
       (2) Return to previous immigration status.--Any alien whose 
     conditional permanent resident status is terminated under 
     paragraph (1) shall return to the immigration status the 
     alien had immediately prior to receiving conditional 
     permanent resident status under this title.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis of 
     permanent resident status obtained by an alien under 
     subsection (a) to be removed, the alien must file with the 
     Secretary of Homeland Security, in accordance with paragraph 
     (3), a petition which requests the removal of such 
     conditional basis and which provides, under penalty of 
     perjury, the facts and information so that the Secretary may 
     make the determination described in paragraph (2)(A).
       (2) Adjudication of petition to remove condition.--
       (A) In general.--If a petition is filed in accordance with 
     paragraph (1) for an alien, the Secretary of Homeland 
     Security shall make a determination as to whether the alien 
     meets the requirements set out in subparagraphs (A) through 
     (E) of subsection (d)(1).
       (B) Removal of conditional basis if favorable 
     determination.--If the Secretary determines that the alien 
     meets such requirements, the Secretary shall notify the alien 
     of such determination and immediately remove the conditional 
     basis of the status of the alien.
       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and terminate the conditional permanent resident status of 
     the alien as of the date of the determination.
       (3) Time to file petition.--An alien may petition to remove 
     the conditional basis to lawful resident status during the 
     period beginning 180 days before and ending 2 years after 
     either the date that is 6 years after the date of the 
     granting of conditional permanent resident status or any 
     other expiration date of the conditional permanent resident 
     status as extended by the Secretary of Homeland Security in 
     accordance with this title. The alien shall be deemed in 
     conditional permanent resident status in the United States 
     during the period in which the petition is pending.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition for an alien under 
     subsection (c)(1) shall contain information to permit the 
     Secretary of Homeland Security to determine whether each of 
     the following requirements is met:
       (A) The alien has demonstrated good moral character during 
     the entire period the alien has been a conditional permanent 
     resident.
       (B) The alien is in compliance with section 3304(a)(1)(C).
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has completed at least 1 of the following:
       (i) The alien has acquired a degree from an institution of 
     higher education in the United States or has completed at 
     least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States.
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of each secondary school 
     (as that term is defined in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801)) that 
     the alien attended in the United States.
       (2) Hardship exception.--
       (A) In general.--The Secretary of Homeland Security may, in 
     the Secretary's discretion, remove the conditional status of 
     an alien if the alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     and (C) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to complete the requirements described in paragraph 
     (1)(D); and
       (iii) demonstrates that the alien's removal from the United 
     States would result in exceptional and extremely unusual 
     hardship to the alien or the alien's spouse, parent, or child 
     who is a citizen or a lawful permanent resident of the United 
     States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     of Homeland Security may extend the period of conditional 
     resident status for the purpose of completing the 
     requirements described in paragraph (1)(D).
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.), in the case of an alien who is 
     in the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence. However, the conditional basis must

[[Page S9277]]

     be removed before the alien may apply for naturalization.

     SEC. 3306. RETROACTIVE BENEFITS.

       If, on the date of enactment of this title, an alien has 
     satisfied all the requirements of subparagraphs (A) through 
     (E) of section 3304(a)(1) and section 3305(d)(1)(D), the 
     Secretary of Homeland Security may adjust the status of the 
     alien to that of a conditional resident in accordance with 
     section 3304. The alien may petition for removal of such 
     condition at the end of the conditional residence period in 
     accordance with section 3305(c) if the alien has met the 
     requirements of subparagraphs (A), (B), and (C) of section 
     3305(d)(1) during the entire period of conditional residence.

     SEC. 3307. EXCLUSIVE JURISDICTION.

       (a) In General.--The Secretary of Homeland Security shall 
     have exclusive jurisdiction to determine eligibility for 
     relief under this title, except where the alien has been 
     placed into deportation, exclusion, or removal proceedings 
     either prior to or after filing an application for relief 
     under this title, in which case the Attorney General shall 
     have exclusive jurisdiction and shall assume all the powers 
     and duties of the Secretary until proceedings are terminated, 
     or if a final order of deportation, exclusion, or removal is 
     entered the Secretary shall resume all powers and duties 
     delegated to the Secretary under this title.
       (b) Stay of Removal of Certain Aliens Enrolled in Primary 
     or Secondary School.--The Attorney General shall stay the 
     removal proceedings of any alien who--
       (1) meets all the requirements of subparagraphs (A), (B), 
     (C), and (E) of section 3304(a)(1);
       (2) is at least 12 years of age; and
       (3) is enrolled full time in a primary or secondary school.
       (c) Employment.--An alien whose removal is stayed pursuant 
     to subsection (b) may be engaged in employment in the United 
     States consistent with the Fair Labor Standards Act (29 
     U.S.C. 201 et seq.) and State and local laws governing 
     minimum age for employment.
       (d) Lift of Stay.--The Attorney General shall lift the stay 
     granted pursuant to subsection (b) if the alien--
       (1) is no longer enrolled in a primary or secondary school; 
     or
       (2) ceases to meet the requirements of subsection (b)(1).

     SEC. 3308. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

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

     SEC. 3309. CONFIDENTIALITY OF INFORMATION.

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

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

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

     SEC. 3311. HIGHER EDUCATION ASSISTANCE.

       Notwithstanding any provision of the Higher Education Act 
     of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance 
     provided under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.), an alien who adjusts status to that 
     of a lawful permanent resident under this title shall be 
     eligible only for the following assistance under such title:
       (1) Student loans under parts B, D, and E of such title IV 
     (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), 
     subject to the requirements of such parts.
       (2) Federal work-study programs under part C of such title 
     IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
     such part.
       (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
     subject to the requirements for such services.

     SEC. 3312. GAO REPORT.

       Not later than seven years after the date of enactment of 
     this title, the Comptroller General of the United States 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives setting forth--
       (1) the number of aliens who were eligible for cancellation 
     of removal and adjustment of status under section 3304(a);
       (2) the number of aliens who applied for adjustment of 
     status under section 3304(a);
       (3) the number of aliens who were granted adjustment of 
     status under section 3304(a); and
       (4) the number of aliens whose conditional permanent 
     resident status was removed under section 3305.
                                 ______
                                 
  SA 2238. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 2143 submitted by Mr. 
Cornyn and intended to be proposed to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, between lines 1 and 2, insert the following:

                        DIVISION D--IMMIGRATION

               TITLE XXXIII--IMMIGRATION FRAUD PREVENTION

     SEC. 3301. SHORT TITLE.

       This division may be cited as the ``H-1B and L-1 Visa Fraud 
     and Abuse Prevention Act of 2007''.

     SEC. 3302. H-1B EMPLOYER REQUIREMENTS.

       (a) Application of Nondisplacement and Good Faith 
     Recruitment Requirements to All H-1B Employers.--
       (1) Amendments.--Section 212(n) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E);

       (I) in clause (i), by striking ``(E)(i) In the case of an 
     application described in clause (ii), the'' and inserting 
     ``(E) The''; and
       (II) by striking clause (ii);

       (ii) in subparagraph (F), by striking ``In the case of'' 
     and all that follows through ``where--'' and inserting the 
     following: ``The employer will not place the nonimmigrant 
     with another employer if--''; and
       (iii) in subparagraph (G), by striking ``In the case of an 
     application described in subparagraph (E)(ii), subject'' and 
     inserting ``Subject'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by striking ``If an H-1B-dependent 
     employer'' and inserting ``If an employer that employs H-1B 
     nonimmigrants''; and
       (ii) in subparagraph (F), by striking ``The preceding 
     sentence shall apply to an employer regardless of whether or 
     not the employer is an H-1B-dependent employer.''; and
       (C) by striking paragraph (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Nondisplacement Requirement.--
       (1) Extending time period for nondisplacement.--Section 
     212(n) of such Act, as amended by subsection (a), is further 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days'';
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (c) Public Listing of Available Positions.--
       (1) Listing of available positions.--Section 212(n)(1)(C) 
     of such Act is amended--
       (A) in clause (i), by striking ``(i) has provided'' and 
     inserting the following:
       ``(ii)(I) has provided'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by inserting before clause (ii), as redesignated, the 
     following:
       ``(i) has advertised the job availability on the list 
     described in paragraph (6), for at least 30 calendar days; 
     and''.
       (2) List maintained by the department of labor.--Section 
     212(n) of such Act, as amended by this section, is further 
     amended by adding at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a list of

[[Page S9278]]

     available jobs, which shall be publicly accessible without 
     charge--
       ``(i) on a website maintained by the Department of Labor, 
     which website shall be searchable by--
       ``(I) the name, city, State, and zip code of the employer;
       ``(II) the date on which the job is expected to begin;
       ``(III) the title and description of the job; and
       ``(IV) the State and city (or county) at which the work 
     will be performed; and
       ``(ii) at each 1-stop center created under the Workforce 
     Investment Act of 1998 (Public Law 105-220).
       ``(B) Each available job advertised on the list shall 
     include--
       ``(i) the employer's full legal name;
       ``(ii) the address of the employer's principal place of 
     business;
       ``(iii) the employer's city, State and zip code;
       ``(iv) the employer's Federal Employer Identification 
     Number;
       ``(v) the phone number, including area code and extension, 
     as appropriate, of the hiring official or other designated 
     official of the employer;
       ``(vi) the e-mail address, if available, of the hiring 
     official or other designated official of the employer;
       ``(vii) the wage rate to be paid for the position and, if 
     the wage rate in the offer is expressed as a range, the 
     bottom of the wage range;
       ``(viii) whether the rate of pay is expressed on an annual, 
     monthly, biweekly, weekly, or hourly basis;
       ``(ix) a statement of the expected hours per week that the 
     job will require;
       ``(x) the date on which the job is expected to begin;
       ``(xi) the date on which the job is expected to end, if 
     applicable;
       ``(xii) the number of persons expected to be employed for 
     the job;
       ``(xiii) the job title;
       ``(xiv) the job description;
       ``(xv) the city and State of the physical location at which 
     the work will be performed; and
       ``(xvi) a description of a process by which a United States 
     worker may submit an application to be considered for the 
     job.
       ``(C) The Secretary of Labor may charge a nominal filing 
     fee to employers who advertise available jobs on the list 
     established under this paragraph to cover expenses for 
     establishing and administering the requirements under this 
     paragraph.
       ``(D) The Secretary may promulgate rules, after notice and 
     a period for comment--
       ``(i) to carry out the requirements of this paragraph; and
       ``(ii) that require employers to provide other information 
     in order to advertise available jobs on the list.''.
       (3) Effective date.--Paragraph (1) shall take effect for 
     applications filed at least 30 days after the creation of the 
     list described in paragraph (2).
       (d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of 
     such Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the undesignated paragraph at the end, by striking 
     ``The employer'' and inserting the following:
       ``(K) The employer''.
       (e) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this section, is further amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an alien admitted or 
     provided status as an H-1B nonimmigrant with another 
     employer;'' and
       (B) in paragraph (2), by striking subparagraph (E).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.
       (g) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer, during the period of 
     authorized employment, to aliens admitted or provided status 
     as an H-1B nonimmigrant, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such a 
     nonimmigrant that will not adversely affect the working 
     conditions of workers similarly employed.''; and
       (B) in subparagraph (D), by inserting ``the wage 
     determination methodology used under subparagraph (A)(i),'' 
     after ``shall contain''.
       (2) Provision of w-2 forms.--Section 212(n)(1) of such Act 
     is amended by inserting after subparagraph (I), as added by 
     subsection (f), the following:
       ``(J) If the employer, in such previous period as the 
     Secretary shall specify, employed 1 or more H-1B 
     nonimmigrants, the employer shall submit to the Secretary the 
     Internal Revenue Service Form W-2 Wage and Tax Statement 
     filed by the employer with respect to such nonimmigrants for 
     such period.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (h) Immigration Documents.--Section 204 of such Act (8 
     U.S.C. 1154) is amended by adding at the end the following:
       ``(l) Employer To Share All Immigration Paperwork Exchanged 
     With Federal Agencies.--Not later than 10 working days after 
     receiving a written request from a former, current, or future 
     employee or beneficiary, an employer shall provide the 
     employee or beneficiary with the original (or a certified 
     copy of the original) of all petitions, notices, and other 
     written communication exchanged between the employer and the 
     Department of Labor, the Department of Homeland Security, or 
     any other Federal agency that is related to an immigrant or 
     nonimmigrant petition filed by the employer for the employee 
     or beneficiary.''.

     SEC. 3303. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     3302 (d)(2), is amended--
       (1) by inserting ``and through the Department of Labor's 
     website, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2).
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and
       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain

[[Page S9279]]

     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.''.
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year. The Secretary shall conduct annual 
     compliance audits of each employer with more than 100 
     employees who work in the United States if more than 15 
     percent of such employees are H-1B nonimmigrants.''.
       (e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.''.

     SEC. 3304. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Restriction on Blanket Petitions.--Section 214(c)(2)(A) 
     of such Act is amended to read as follows:
       ``(2)(A) The Secretary of Homeland Security may not permit 
     the use of blanket petitions to import aliens as 
     nonimmigrants under section 101(a)(15)(L).''.
       (c) Prohibition on Outplacement.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(H) An employer who imports 1 or more aliens as 
     nonimmigrants described in section 101(a)(15)(L) shall not 
     place, outsource, lease, or otherwise contract for the 
     placement of an alien admitted or provided status as an L-1 
     nonimmigrant with another employer.''.
       (d) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide to the 
     Secretary of Homeland Security information described in 
     clause (ii) that may be used, in whole or in part, as the 
     basis for the commencement of an investigation described in 
     such clause, to provide the information in writing on a form 
     developed and provided by the Secretary of Homeland Security 
     and completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to

[[Page S9280]]

     conduct such investigation. The notice shall be provided in 
     such a manner, and shall contain sufficient detail, to permit 
     the employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).''.
       (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
     paragraph (1), is amended by adding at the end the following:
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year. The Secretary shall 
     conduct annual compliance audits of each employer with more 
     than 100 employees who work in the United States if more than 
     15 percent of such employees are nonimmigrants described in 
     section 101(a)(15)(L).''.
       (3) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (e) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.
       (f) Wage Determination.--
       (1) Change in minimum wages.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--

       ``(aa) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(bb) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(cc) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and

       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed.
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more L-1 
     nonimmigrants, the employer shall provide to the Secretary of 
     Homeland Security the Internal Revenue Service Form W-2 Wage 
     and Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer, who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L), to--
       ``(I) require such a nonimmigrant to pay a penalty for 
     ceasing employment with the employer before a date mutually 
     agreed to by the nonimmigrant and the employer; or
       ``(II) fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--

       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).

       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.

     SEC. 3305. WHISTLEBLOWER PROTECTIONS.

       (a) H-1B Whistleblower Protections.--Section 
     212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(2)(C)(iv)) is amended--
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate''; and
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost wages and benefits.''.
       (b) L-1 Whistleblower Protections.--Section 214(c)(2) of 
     such Act, as amended by section 3304, is further amended by 
     adding at the end the following:
       ``(L)(i) It is a violation of this subparagraph for an 
     employer who has filed a petition to import 1 or more aliens 
     as nonimmigrants described in section 101(a)(15)(L) to take, 
     fail to take, or threaten to take or fail to take, a 
     personnel action, or to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or discriminate in any other 
     manner against an employee because the employee--
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements of this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) An employer that violates this subparagraph shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) a current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.''.

     SEC. 3306. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

       (a) In General.--The Secretary of Labor is authorized to 
     hire 200 additional employees to administer, oversee, 
     investigate, and enforce programs involving H-1B nonimmigrant 
     workers.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

                  TITLE XXXIV--EMPLOYMENT BASED VISAS

                                 ______
                                 
  SA 2239. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1070. PROHIBITION ON EXPULSION, RETURN, OR EXTRADITION 
                   OF PERSONS BY THE UNITED STATES TO COUNTRIES 
                   ENGAGING IN TORTURE.

       (a) Prohibition.--
       (1) In general.--Part IV of title 28, United States Code, 
     is amended by adding at the end the following new chapter:

    ``CHAPTER 181--EXPULSION, RETURN, OR EXTRADITION OF PERSONS TO 
                     COUNTRIES ENGAGING IN TORTURE

``Sec.

[[Page S9281]]

``4101. Definitions.
``4102. Prohibition on expulsion, return, or extradition of persons by 
              the United States to countries engaging in torture.
``4103. Approval of Foreign Intelligence Surveillance Court required 
              for transfers of persons between foreign countries.
``4104. Annual reports on countries using torture.

     ``Sec. 4101. Definitions

       ``In this chapter:
       ``(1) The term `appropriate congressional committees' 
     means--
       ``(A) the Committees on Armed Services, Foreign Relations, 
     Homeland Security and Government Affairs, and the Judiciary 
     and the Select Committee on Intelligence of the Senate; and
       ``(B) the Committees on Armed Services, Homeland Security, 
     the Judiciary, and International Relations, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(2) The term `appropriate government agencies' means the 
     following:
       ``(A) The elements of the intelligence community (as 
     defined in or specified under section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4))).
       ``(B) Any element (other than an element referred to in 
     subparagraph (A)) of the Department of State, the Department 
     of Defense, the Department of Homeland Security, the 
     Department of Justice or any other Federal law enforcement, 
     national security, intelligence, or homeland security agency 
     that takes or assumes custody or control of persons or 
     transports persons in its custody or control outside the 
     United States.
       ``(3) The term `Foreign Intelligence Surveillance Court' 
     means the court established by section 103(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
       ``(4) The term `substantial grounds', in the case of an 
     evidentiary showing, means a showing that a fact is more 
     likely than not.

     ``Sec. 4102. Prohibition on expulsion, return, or extradition 
       of persons by the United States to countries engaging in 
       torture

       ``(a) Prohibition.--No person in the custody or control of 
     any department, agency, officer, or employee of the United 
     States, or any contractor thereof, shall be expelled, 
     returned, or extradited to another country, whether directly 
     or indirectly, unless--
       ``(1) such person--
       ``(A) is being legally extradited under a bilateral or 
     multilateral extradition treaty or legally removed under the 
     immigration laws of the United States; and
       ``(B) has recourse to a United States court of competent 
     jurisdiction before such extradition or removal to challenge 
     such extradition or removal on the basis that there are 
     substantial grounds for believing that such person would be 
     in danger of being subjected to torture in the receiving 
     country;
       ``(2) in the case of a transfer of such person from the 
     territory of the United States through means other than those 
     covered by paragraph (1), such person has recourse to an 
     appropriate district court of the United States before such 
     transfer to challenge such transfer on the basis that there 
     are substantial grounds for believing that such person would 
     be in danger of being subjected to torture in the receiving 
     country; or
       ``(3) in the case of the transfer of such person from one 
     foreign country to another foreign country, the transfer has 
     the prior approval of the Foreign Intelligence Surveillance 
     Court in accordance with section 4103 of this title.
       ``(b) Jurisdiction.--
       ``(1) Jurisdiction of district courts.--In the event the 
     district courts of the United States do not have jurisdiction 
     under any other provision of law to hear a challenge 
     described in subsection (a)(2), the district courts of the 
     United States shall have jurisdiction to hear such a 
     challenge by reason of this section.
       ``(2) Jurisdiction of foreign intelligence surveillance 
     court.--The Foreign Intelligence Surveillance Court shall 
     have jurisdiction to consider petitions under section 4103 of 
     this title in accordance with the provisions of that section, 
     and to make determinations, certifications, and approvals of 
     and with respect to such petitions as provided in that 
     section.
       ``(c) Release of Certain Persons.--If the legal basis for 
     detention of a person to be transferred under subsection 
     (a)(2) no longer applies pending such transfer, including the 
     dismissal or final disposition of criminal charges, 
     immigration proceedings, or material witness obligations, 
     such person shall be released unless the attorney for the 
     appropriate government agency first obtains a warrant from a 
     district court of the United States authorizing continuing 
     detention of such person, upon a showing that--
       ``(1) there are substantial grounds to believe such person 
     would not be in danger of being subjected to torture in the 
     receiving country;
       ``(2) there is probable cause to believe such person is an 
     agent of a foreign power (as that term is defined in section 
     101(b) of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801(b)); and
       ``(3) the detention of such person pending transfer is 
     necessary to ensure the safety of the community or the 
     appearance of such person for transfer.
       ``(d) Presumption of Substantial Grounds.--
       ``(1) In general.--If the receiving country is included 
     among the countries on the most current list submitted to the 
     appropriate congressional committees by the Secretary of 
     State under section 4104 of this title, a court reviewing the 
     proposed transfer of a person under paragraph (1) or (2) of 
     subsection (a), or a court reviewing an application for a 
     warrant with respect to a person under subsection (c), shall, 
     except as provided in paragraph (2), presume there are 
     substantial grounds for believing that such person would be 
     in danger of being subjected to torture in the receiving 
     country.
       ``(2) Exception.--The presumption in paragraph (1) shall 
     not apply with respect to a person if the head of the 
     appropriate government agency concerned makes an affirmative 
     showing to the court that there is in place a mechanism to 
     assure the head of the agency, in a verifiable manner, that 
     such person will not be tortured in the receiving country 
     including, at a minimum, immediate, unfettered, and 
     continuing access from the point of transfer to such person 
     by the International Committee of the Red Cross or its 
     designee.

     ``Sec. 4103. Approval of Foreign Intelligence Surveillance 
       Court required for transfers of persons between foreign 
       countries

       ``(a) In General.--The Foreign Intelligence Surveillance 
     Court shall, upon a petition submitted under subsection (b), 
     approve the transfer of a person covered by such petition 
     from one foreign country to another foreign country for 
     purposes of section 4102(a)(3) of this title if the Court 
     determines and certifies that there are substantial grounds 
     to believe such person would not be in danger of being 
     subjected to torture in the receiving country.
       ``(b) Petition.--
       ``(1) In general.--The head of an appropriate government 
     agency seeking the transfer of a person from one foreign 
     country to another foreign country for purposes of section 
     4102(a)(3) of this title shall submit to the Foreign 
     Intelligence Surveillance Court a petition seeking the 
     approval and certification of the Court under subsection (a).
       ``(2) Elements.--The petition submitted under this 
     subsection with respect to a person shall include the 
     following:
       ``(A) The name, nationality, and current location of such 
     person.
       ``(B) A factual explanation of the facts that caused, or 
     are expected to cause, such person to be within the custody 
     or control, whether direct or indirect, of the United States 
     Government.
       ``(C) The specific purpose for the transfer covered by the 
     petition, including the receiving country of the transfer.
       ``(D) A declaration that the transfer does not violate any 
     applicable law or treaty of the United States.
       ``(E) Any other information the Court considers appropriate 
     for purposes of this section.
       ``(c) Presumption of Substantial Grounds.--
       ``(1) In general.--If the receiving country in a petition 
     under subsection (b) is included among the countries on the 
     most current list submitted to the appropriate congressional 
     committees by the Secretary of State under section 4104 of 
     this title, the Foreign Intelligence Surveillance Court 
     shall, except as provided in paragraph (2), presume there are 
     substantial grounds for believing that the person covered by 
     the petition would be in danger of being subjected to torture 
     in the receiving country.
       ``(2) Exception.--The presumption in paragraph (1) shall 
     not apply with respect to a person if the head of the 
     appropriate government agency concerned makes an affirmative 
     showing to the Court that there is in place a mechanism to 
     assure the head of the agency, in a verifiable manner, that 
     such person will not be tortured in the receiving country 
     including, at a minimum, immediate, unfettered, and 
     continuing access from the point of transfer to such person 
     by the International Committee of the Red Cross or its 
     designee.

     ``Sec. 4104. Annual reports on countries using torture

       ``(a) Annual Reports Required.--The Secretary of State 
     shall submit to the appropriate congressional committees on 
     an annual basis a report listing each country where torture 
     is known to be used.
       ``(b) Basis of Reports.--Each report shall be compiled on 
     the basis of the information contained in the most recent 
     annual report of the Secretary of State submitted to the 
     Speaker of the House of Representatives and the Committee on 
     Foreign Relations of the Senate under section 116(d) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)).''.
       (2) Clerical amendments.--The tables of chapters at the 
     beginning of title 28, United States Code, and at the 
     beginning of part IV of such title, are each amended by 
     adding after the item relating to chapter 180 the following 
     new item:

``181. Expulsion, Return, or Extradition of Persons to Countries 
    Engaging in Torture.....................................4101''.....

       (b) Regulations.--
       (1) Interim regulations.--Not later than 60 days after the 
     effective date of this section under subsection (e), the 
     heads of the appropriate government agencies shall prescribe 
     interim regulations for the purpose of carrying out chapter 
     181 of title 28, United States Code (as added by subsection 
     (a)), and implementing the obligations of the United States 
     under Article 3 of the Convention Against Torture, subject to 
     any reservations, understandings, declarations, and provisos

[[Page S9282]]

     contained in the Senate resolution advising and consenting to 
     the ratification of the Convention Against Torture.
       (2) Final regulations.--Not later than 180 days after 
     interim regulations are prescribed under paragraph (1), and 
     following a period of notice and opportunity for public 
     comment on such interim regulations, the heads of the 
     appropriate government agencies shall prescribe final 
     regulations for the purposes described in paragraph (1).
       (3) Definitions.--In this subsection:
       (A) Appropriate government agencies.--The term 
     ``appropriate government agencies'' has the meaning given 
     that term in section 4101 of title 28, United States Code (as 
     so added).
       (B) Convention against torture.--The term ``Convention 
     Against Torture'' means the Convention Against Torture and 
     Other Forms of Cruel, Inhuman or Degrading Treatment or 
     Punishment done at New York, December 10, 1984.
       (c) Initial Report on Countries Using Torture.--The 
     Secretary of State shall submit the initial report required 
     by section 4104(a) of title 28, United States Code (as so 
     added), not later than 30 days after the effective date of 
     this section under subsection (e).
       (d) Repeal of Superseded Authority.--
       (1) Repeal.--Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) is repealed.
       (2) Temporary continuation of effectiveness of current 
     regulations.--Regulations prescribed under section 2242 of 
     the Foreign Affairs Reform and Restructuring Act of 1998 that 
     are in effect on the effective date of this section under 
     subsection (e) shall remain in effect until the heads of the 
     appropriate government agencies prescribe interim regulations 
     under subsection (b)(1).
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is 30 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2240. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

       (a) In General.--Subject to subsection (b), and 
     notwithstanding any other provision of law, the President 
     shall not prohibit the use by the State of Louisiana under 
     the Road Home Program of that State of any amounts described 
     in subsection (d), based upon--
       (1) the existence or extent of any requirement or condition 
     under that program that--
       (A) limits the amount made available to an eligible 
     homeowner who does not agree to remain an owner and occupant 
     of a home in Louisiana; or
       (B) waives the applicability of any limitation described in 
     subparagraph (A) for eligible homeowners who are elderly or 
     senior citizens; or
       (2) any requirement under section 404(a) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c(a)) to determine cost effectiveness.
       (b) Waiver.--
       (1) In general.--Except as provided in paragraph (2), in 
     using amounts described in subsection (d), the President 
     shall waive the requirements of section 206.434(c) of title 
     44, Code of Federal Regulations (or any corresponding similar 
     regulation or ruling), or specify alternative requirements, 
     upon a request by the State of Louisiana that such waiver is 
     required to facilitate the timely use of funds or a guarantee 
     provided under section 404 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c).
       (2) Exception.--The President may not waive any requirement 
     relating to fair housing, nondiscrimination, labor standards, 
     or the environment under paragraph (1).
       (c) Savings Provision.--Except as provided in subsections 
     (a) and (b), section 404 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c) shall 
     apply to amounts described in subsection (d) that are used by 
     the State of Louisiana under the Road Home Program of that 
     State.
       (d) Covered Amounts.--The amounts described in this 
     subsection are any amounts provided to the State of Louisiana 
     because of Hurricane Katrina of 2005 or Hurricane Rita of 
     2005 under the hazard mitigation grant program of the Federal 
     Emergency Management Agency under section 404 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c).
                                 ______
                                 
  SA 2241. Mr. McCONNELL proposed an amendment to the bill H.R. 1585, 
to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

       At the end of the bill add the following:

     SEC. 1535. SENSE OF THE SENATE ON THE CONSEQUENCES OF A 
                   FAILED STATE IN IRAQ.

       (a) Findings.--The Senate makes the following findings:
       (1) A failed state in Iraq would become a safe haven for 
     Islamic radicals, including al Qaeda and Hezbollah, who are 
     determined to attack the United States and United States 
     allies.
       (2) The Iraq Study Group report found that ``[a] chaotic 
     Iraq could provide a still stronger base of operations for 
     terrorists who seek to act regionally or even globally''.
       (3) The Iraq Study Group noted that ``Al Qaeda will portray 
     any failure by the United States in Iraq as a significant 
     victory that will be featured prominently as they recruit for 
     their cause in the region and around the world''.
       (4) A National Intelligence Estimate concluded that the 
     consequences of a premature withdrawal from Iraq would be 
     that--
       (A) Al Qaeda would attempt to use Anbar province to plan 
     further attacks outside of Iraq;
       (B) neighboring countries would consider actively 
     intervening in Iraq; and
       (C) sectarian violence would significantly increase in 
     Iraq, accompanied by massive civilian casualties and 
     displacement.
       (5) The Iraq Study Group found that ``a premature American 
     departure from Iraq would almost certainly produce greater 
     sectarian violence and further deterioration of conditions. . 
     . . The near-term results would be a significant power 
     vacuum, greater human suffering, regional destabilization, 
     and a threat to the global economy. Al Qaeda would depict our 
     withdrawal as a historic victory.''
       (6) A failed state in Iraq could lead to broader regional 
     conflict, possibly involving Syria, Iran, Saudi Arabia, and 
     Turkey.
       (7) The Iraq Study group noted that ``Turkey could send 
     troops into northern Iraq to prevent Kurdistan from declaring 
     independence''.
       (8) The Iraq Study Group noted that ``Iran could send 
     troops to restore stability in southern Iraq and perhaps gain 
     control of oil fields. The regional influence of Iran could 
     rise at a time when that country is on a path to producing 
     nuclear weapons.''
       (9) A failed state in Iraq would lead to massive 
     humanitarian suffering, including widespread ethnic cleansing 
     and countless refugees and internally displaced persons, many 
     of whom will be tortured and killed for having assisted 
     Coalition forces.
       (10) A recent editorial in the New York Times stated, 
     ``Americans must be clear that Iraq, and the region around 
     it, could be even bloodier and more chaotic after Americans 
     leave. There could be reprisals against those who worked with 
     American forces, further ethnic cleansing, even genocide. 
     Potentially destabilizing refugee flows could hit Jordan and 
     Syria. Iran and Turkey could be tempted to make power 
     grabs.''
       (11) The Iraq Study Group found that ``[i]f we leave and 
     Iraq descends into chaos, the long-range consequences could 
     eventually require the United States to return''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Senate should commit itself to a strategy that will 
     not leave a failed state in Iraq; and
       (2) the Senate should not pass legislation that will 
     undermine our military's ability to prevent a failed state in 
     Iraq.
                                 ______
                                 
  SA 2242. Mr. BIDEN (for himself, Ms. Cantwell, and Mr. Whitehouse) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

     SEC. 1535. POLICY AGAINST THE ESTABLISHMENT OF PERMANENT 
                   BASES IN IRAQ.

       (a) Findings.--The Senate makes the following findings:
       (1) According to a September 2006 poll conducted by the 
     Program for International Policy Attitudes at the University 
     of Maryland, 97 percent of Sunni Arabs and 77 percent of all 
     Iraqis believe that the United States intends to maintain 
     permanent bases in Iraq.
       (2) General John Abizaid testified before Congress in March 
     2006 that the United States ``must make clear to the people 
     of the region we have no designs on their territory or 
     resources''.
       (3) Iraqi Prime Minister Nuri al-Maliki, in an April 13, 
     2007, interview with al-Arabiya Television, said, ``When we 
     see that our forces are built, and that we are prepared to 
     take full responsibility for the security issue, we will ask 
     the international forces to leave the country.''
       (4) The Iraq Study Group recommended that ``the United 
     States can begin to shape a positive climate for its 
     diplomatic efforts, internationally and within Iraq, through 
     public statements by President Bush that reject the notion 
     that the United States seeks to control Iraq's oil, or seeks 
     permanent military bases within Iraq''.
       (5) President George W. Bush has not adequately publicly 
     stated that the United

[[Page S9283]]

     States does not seek permanent military bases in Iraq.
       (6) A declaration that the United States does not seek 
     permanent military bases in Iraq should not be taken as a 
     sign of a precipitous military redeployment from Iraq.
       (7) United Nations Security Council Resolution 1546 (2004) 
     resolves that United States and Coalition forces in Iraq are 
     present at the request of the Government of Iraq and that the 
     mandate of these forces shall be reviewed at least every 12 
     months and will terminate at the request of the Government of 
     Iraq.
       (b) Sense of the Senate.--The Senate calls upon the 
     President--
       (1) to communicate a message to the people of Iraq that the 
     United States neither seeks to control Iraq's oil resources 
     nor seeks permanent United States military bases in Iraq; and
       (2) to direct the United States Permanent Representative to 
     the United Nations to work with other Members of the Security 
     Council and the Government of Iraq to craft in a timely 
     manner a Security Council Resolution to update the mandate of 
     the Multi-National Force-Iraq.
       (c) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, and every 180 days thereafter until 
     January 1, 2009, the Secretary of Defense shall submit to 
     Congress an unclassified report, with classified annexes as 
     necessary, on the status of United States military 
     installations in Iraq, which shall include the following 
     elements:
       (1) Information on military installations that have been 
     transferred to Iraqi control, that remain under United States 
     control, and that have been decommissioned.
       (2) A schedule on plans to turn over the remaining military 
     installations to Iraqi control.
       (3) Information on negotiations towards a status of forces 
     agreement between the United States and the Government of 
     Iraq.
       (4) Specific information on the following military 
     installations:
       (A) Camp Al Asad (Anbar governorate).
       (B) Logistics Support Area Anaconda (Salah ad Din 
     governorate).
       (C) Contingency Operating Base Speicher - Al Sahra Airfield 
     (Salah ad Din governorate).
       (D) Camp Victory (Anbar governorate).
       (E) Camp Adder at Tallil Airbase (Dhi Qar governorate).
       (F) Camp Korean Village at Al-Walid Airbase (Anbar 
     governorate).
       (G) Forward Operating Base Endurance at Qayyarah Airbase 
     West (Ninewah governorate).
       (H) Convoy Support Center Scania (Qadisiyah governorate).
                                 ______
                                 
  SA 2243. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 214. ANTI-TERRORISM FORCE PROTECTION HYDROGRAPHIC SURVEY 
                   SYSTEMS FOR INTELLIGENCE, SURVEILLANCE AND 
                   RECONNAISSANCE TARGETING AND ENGAGEMENT 
                   OPERATIONS.

       Of the amount authorized to be appropriated by section 
     201(2) for research, development, test, and evaluation, Navy, 
     and available for Power Projection Advanced Technology (PE 
     #0603114N), $3,000,000 may be available for the development 
     of an Autonomous Unmanned Surface Vessel as a high-endurance, 
     Anti-Terrorism Force Protection, Hydrographic Survey, 
     Intelligence, Surveillance and Reconnaissance system 
     supporting military missions.
                                 ______
                                 
  SA 2244. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1031. PROVISION OF CONTACT INFORMATION OF SEPARATING 
                   MEMBERS OF THE ARMED FORCES BY SECRETARY OF 
                   DEFENSE TO STATE VETERANS AGENCIES AND LOCAL 
                   OFFICES OF DEPARTMENT OF VETERANS AFFAIRS.

       Upon the separation of a member of the Armed Forces from 
     the Armed Forces, the Secretary of Defense shall, upon the 
     consent of the member, provide the address and other 
     appropriate contact information of the member to the State 
     veterans agency and every office of the Department of 
     Veterans Affairs in the State in which the veteran will first 
     reside after separation.
                                 ______
                                 
  SA 2245. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2055 submitted by Mr. LIEBERMAN (for himself and Mrs. 
Boxer) and intended to be proposed to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2, line 9, insert ``and every office of the 
     Department of Veterans Affairs'' after ``State veterans 
     agency''.
                                 ______
                                 
  SA 2246. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1031. PROVISION OF CONTACT INFORMATION OF SEPARATING 
                   MEMBERS OF THE ARMED FORCES BY SECRETARY OF 
                   DEFENSE TO STATE VETERANS AGENCIES AND LOCAL 
                   OFFICES OF DEPARTMENT OF VETERANS AFFAIRS.

       Upon the separation of a member of the Armed Forces from 
     the Armed Forces, the Secretary of Defense shall, upon the 
     consent of the member, provide the address and other 
     appropriate contact information of the member to the State 
     veterans agency and the local office of the Department of 
     Veterans Affairs in the State in which the veteran will first 
     reside after separation.
                                 ______
                                 
  SA 2247. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment 2055 submitted by Mr. Lieberman (for himself and Mrs. 
Boxer) and intended to be proposed to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2, line 9, insert ``and the local office of the 
     Department of Veterans Affairs'' after ``State veterans 
     agency''.
                                 ______
                                 
  SA 2248. Mr. DORGAN (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 865. 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 ``agency'' means the Department of Defense, 
     and any department, agency, and element of the Department of 
     Defense, and includes the Coast Guard when it is operating as 
     a service in the Navy.

[[Page S9284]]

       (2) The term ``inherently governmental functions'' has the 
     meaning given to such term in part 7.5 of the Federal 
     Acquisition Regulation.
       (3) The term ``functions closely associated with 
     governmental functions'' means the functions described in 
     section 7.503(d) of the Federal Acquisition Regulation.
       (4) 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.
                                 ______
                                 
  SA 2249. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XI, add the following:

     SEC. 1107. EDUCATIONAL ASSISTANCE IN SUPPORT OF THE NUCLEAR 
                   MISSIONS OF THE NAVY.

       (a) In General.--The Secretary of the Navy is authorized to 
     carry out a program to provide scholarships, fellowships, and 
     grants for pursuit of programs of education at institutions 
     of higher education that lead to degrees in engineering and 
     technical fields that are necessary for a workforce to 
     support the nuclear missions of the Navy.
       (b) Elements.--The program under subsection (a) shall 
     include the following:
       (1) Merit-based scholarships for undergraduate study.
       (2) Research fellowships for study the graduate level.
       (3) Grants to support the establishment at 2-year public 
     institutions of higher education of programs of study and 
     training that lead to degrees in engineering and technical 
     fields that are necessary for a workforce to support the 
     nuclear missions of the Navy.
       (4) Grants to increase the utilization of training, 
     research, and test reactors at institutions of higher 
     education.
       (5) Any other elements that the Secretary considers 
     appropriate.
       (c) Consultation.--In developing the program, the Secretary 
     shall consult with trade organizations, technical societies, 
     organized labor organizations, and other bodies having an 
     interest in the program.
       (d) Report on Program.--Not later than January 31, 2008, 
     the Secretary shall submit to Congress a report on the 
     program under subsection (a), including a description of the 
     program and a statement of the funding required during fiscal 
     years 2009 through 2013 to carry out the program.
       (e) Report on Workforce Requirements.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of Energy shall jointly submit to Congress a report 
     on the requirements for a workforce to support the nuclear 
     missions of the Navy during the 10-year period beginning on 
     the date of the report.
       (2) Elements.--The report shall address anticipated changes 
     to the nuclear missions of the Navy during the 10-year period 
     beginning on the date of the report, anticipated workforce 
     attrition, and retirement, and recruiting trends during that 
     period and knowledge retention programs within the Department 
     of Defense, the Department of Energy, the national 
     laboratories, and federally funded research facilities.
                                 ______
                                 
  SA 2250. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VII, add the following:

     SEC. 703. REVIEW OF LICENSED MENTAL HEALTH COUNSELORS, SOCIAL 
                   WORKERS, AND MARRIAGE AND FAMILY THERAPISTS 
                   UNDER THE TRICARE PROGRAM.

       (a) Review Required.--The Secretary of Defense shall enter 
     into a contract with the Institute of Medicine of the 
     National Academy of Sciences, or another similarly qualified 
     independent academic medical organization, for the purpose 
     of--
       (1) conducting an independent study of the comparability of 
     credentials, preparation, and training of individuals 
     practicing as licensed mental health counselors, social 
     workers, and marriage and family therapists under the TRICARE 
     program to provide mental health services; and
       (2) making recommendations for permitting such 
     professionals to practice independently under the TRICARE 
     program.
       (b) Elements.--The study required by subsection (a) shall 
     provide for each of the health care professions referred to 
     in subsection (a)(1) the following:
       (1) An assessment of the educational requirements and 
     curriculums relevant to mental health practice for members of 
     such profession, including types of degrees recognized, 
     certification standards for graduate programs for such 
     profession, and recognition of undergraduate coursework for 
     completion of graduate degree requirements.
       (2) An assessment of State licensing requirements for 
     members of such profession, including for each level of 
     licensure if a State issues more than one type of license for 
     the profession. The assessment shall examine requirements in 
     the areas of education, training, examination, continuing 
     education, and ethical standards, and shall include an 
     evaluation of the extent to which States, through their scope 
     of practice, either implicitly or explicitly authorize 
     members of such profession to diagnose and treat mental 
     illnesses.
       (3) An analysis of the requirements for clinical experience 
     in such profession to be recognized under regulations for the 
     TRICARE program, and recommendations, if any, for 
     standardization or adjustment of such requirements with those 
     of the other professions.
       (4) An assessment of the extent to which practitioners 
     under such profession are authorized to practice 
     independently under other Federal programs (such as the 
     Medicare program, the Department of Veterans Affairs, the 
     Indian Health Service, Head Start, and the Federal Employee 
     Health Benefits Program), and a review the relationship, if 
     any, between recognition of such profession under the 
     Medicare program and independent practice authority for such 
     profession under the TRICARE program.
       (5) An assessment of the extent to which practitioners 
     under such profession are authorized to practice 
     independently under private insurance plans. The assessment 
     shall identify the States having laws requiring private 
     insurers to cover, or offer coverage of, the services of 
     members of such profession, and shall identify the 
     conditions, if any, that are placed on coverage of 
     practitioners under such profession by insurance plans and 
     how frequently these types of conditions are used by 
     insurers.
       (6) An historical review of the regulations issued by the 
     Department of Defense regarding which members of such 
     profession are recognized as providers under the TRICARE 
     program as independent practitioners, and an examination of 
     the recognition by the Department of third party 
     certification for members of such profession.
       (c) Providers Studied.--It the sense of Congress that the 
     study required by subsection (a) should focus only on those 
     practitioners of each health care profession referred to in 
     subsection (a)(1) who are permitted to practice under 
     regulations for the TRICARE program as specified in section 
     119.6 of title 32, Code of Federal Regulations.
       (d) Clinical Capabilities Studies.--The study required by 
     subsection (a) shall include a review of outcome studies and 
     of the literature regarding the comparative quality and 
     effectiveness of care provided by practitioners within each 
     of the health care professions referred to in subsection 
     (a)(1), and provide an independent review of the findings.
       (e) Recommendations for TRICARE Independent Practice 
     Authority.--The recommendations provided under subsection 
     (a)(2) shall include specific recommendation (whether 
     positive or negative) regarding modifications of current 
     policy for the TRICARE program with respect to allowing 
     members of each of the health care professions referred to in 
     subsection (a)(1) to practice independently under the TRICARE 
     program, including recommendations regarding possible 
     revision of requirements for recognition of practitioners 
     under each such profession.
       (f) Report .--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the review required by subsection 
     (a).
                                 ______
                                 
  SA 2251. Mr. LAUTENBERG (for himself, Mr. Specter, Mr. Menendez, Mr. 
Cornyn, Mr. Coleman, Mr. Lott, Mr. Lieberman, Mr. Schumer, Mrs. 
Clinton, Mr. Casey, Ms. Collins, and Mr. Graham) submitted an amendment 
intended to be proposed to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S9285]]

     SEC. __. JUSTICE FOR MARINES AND OTHER VICTIMS OF STATE-
                   SPONSORED TERRORISM ACT.

       (a) Short Title.--This section may be cited as the 
     ``Justice for Marines and Other Victims of State-Sponsored 
     Terrorism Act''.
       (b) Terrorism Exception to Immunity.--
       (1) In general.--Chapter 97 of title 28, United States 
     Code, is amended by inserting after section 1605 the 
     following:

     ``Sec. 1605A. Terrorism exception to the jurisdictional 
       immunity of a foreign state

       ``(a) In General.--
       ``(1) No immunity.--A foreign state shall not be immune 
     from the jurisdiction of courts of the United States or of 
     the States in any case not otherwise covered by this chapter 
     in which money damages are sought against a foreign state for 
     personal injury or death that was caused by an act of 
     torture, extrajudicial killing, aircraft sabotage, hostage 
     taking, or the provision of material support or resources (as 
     defined in section 2339A of title 18) for such an act if such 
     act or provision of material support is engaged in by an 
     official, employee, or agent of such foreign state while 
     acting within the scope of his or her office, employment, or 
     agency.
       ``(2) Claim heard.--The court shall hear a claim under this 
     section if--
       ``(A) the foreign state was designated as a state sponsor 
     of terrorism under section 6(j) of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2405 (j)) or section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time 
     the act occurred, unless later designated as a result of such 
     act;
       ``(B) the claimant or the victim was--
       ``(i) a national of the United States (as that term is 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22));
       ``(ii) a member of the Armed Forces of the United States 
     (as that term is defined in section 976 of title 10); or
       ``(iii) otherwise an employee of the government of the 
     United States or one of its contractors acting within the 
     scope of their employment when the act upon which the claim 
     is based occurred; or
       ``(C) where the act occurred in the foreign state against 
     which the claim has been brought, the claimant has afforded 
     the foreign state a reasonable opportunity to arbitrate the 
     claim in accordance with the accepted international rules of 
     arbitration.
       ``(b) Definition.--For purposes of this section--
       ``(1) the terms `torture' and `extrajudicial killing' have 
     the meaning given those terms in section 3 of the Torture 
     Victim Protection Act of 1991 (28 U.S.C. 1350 note);
       ``(2) the term `hostage taking' has the meaning given that 
     term in Article 1 of the International Convention Against the 
     Taking of Hostages; and
       ``(3) the term `aircraft sabotage' has the meaning given 
     that term in Article 1 of the Convention for the Suppression 
     of Unlawful Acts Against the Safety of Civil Aviation.
       ``(c) Time Limit.--An action may be brought under this 
     section if the action is commenced not later than the latter 
     of--
       ``(1) 10 years after April 24, 1996; or
       ``(2) 10 years from the date on which the cause of action 
     arose.
       ``(d) Private Right of Action.--A private cause of action 
     may be brought against a foreign state designated under 
     section 6(j) of the Export Administration Act of 1979 (50 
     U.S.C. 2405(j)), and any official, employee, or agent of said 
     foreign state while acting within the scope of his or her 
     office, employment, or agency which shall be liable to a 
     national of the United States (as that term is defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)), a member of the Armed Forces of the 
     United States (as that term is defined in section 976 of 
     title 10), or an employee of the government of the United 
     States or one of its contractors acting within the scope of 
     their employment or the legal representative of such a person 
     for personal injury or death caused by acts of that foreign 
     state or its official, employee, or agent for which the 
     courts of the United States may maintain jurisdiction under 
     this section for money damages which may include economic 
     damages, solatium, pain, and suffering, and punitive damages 
     if the acts were among those described in this section. A 
     foreign state shall be vicariously liable for the actions of 
     its officials, employees, or agents.
       ``(e) Additional Damages.--After an action has been brought 
     under subsection (d), actions may also be brought for 
     reasonably foreseeable property loss, whether insured or 
     uninsured, third party liability, and life and property 
     insurance policy loss claims.
       ``(f) Special Masters.--
       ``(1) In general.--The Courts of the United States may from 
     time to time appoint special masters to hear damage claims 
     brought under this section.
       ``(2) Transfer of funds.--The Attorney General shall 
     transfer, from funds available for the program under sections 
     1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to 
     the Administrator of the United States District Court in 
     which any case is pending which has been brought pursuant to 
     section 1605(a)(7) such funds as may be required to carry out 
     the Orders of that United States District Court appointing 
     Special Masters in any case under this section. Any amount 
     paid in compensation to any such Special Master shall 
     constitute an item of court costs.
       ``(g) Appeal.--In an action brought under this section, 
     appeals from orders not conclusively ending the litigation 
     may only be taken pursuant to section 1292(b) of this title.
       ``(h) Property Disposition.--
       ``(1) In general.--In every action filed in a United States 
     district court in which jurisdiction is alleged under this 
     section, the filing of a notice of pending action pursuant to 
     this section, to which is attached a copy of the complaint 
     filed in the action, shall have the effect of establishing a 
     lien of lis pendens upon any real property or tangible 
     personal property located within that judicial district that 
     is titled in the name of any defendant, or titled in the name 
     of any entity controlled by any such defendant if such notice 
     contains a statement listing those controlled entities.
       ``(2) Notice.--A notice of pending action pursuant to this 
     section shall be filed by the clerk of the district court in 
     the same manner as any pending action and shall be indexed by 
     listing as defendants all named defendants and all entities 
     listed as controlled by any defendant.
       ``(3) Enforceability.--Liens established by reason of this 
     subsection shall be enforceable as provided in chapter 111 of 
     this title.''.
       (2) Amendment to chapter analysis.--The chapter analysis 
     for chapter 97 of title 28, United States Code, is amended by 
     inserting after the item for section 1605 the following:

``1605A. Terrorism exception to the jurisdictional immunity of a 
              foreign state.''.
       (c) Conforming Amendments.--
       (1) Property.--Section 1610 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(g) Property in Certain Actions.--
       ``(1) In general.--The property of a foreign state, or 
     agency or instrumentality of a foreign state, against which a 
     judgment is entered under this section, including property 
     that is a separate juridical entity, is subject to execution 
     upon that judgment as provided in this section, regardless 
     of--
       ``(A) the level of economic control over the property by 
     the government of the foreign state;
       ``(B) whether the profits of the property go to that 
     government;
       ``(C) the degree to which officials of that government 
     manage the property or otherwise control its daily affairs;
       ``(D) whether that government is the sole beneficiary in 
     interest of the property; or
       ``(E) whether establishing the property as a separate 
     entity would entitle the foreign state to benefits in United 
     States courts while avoiding its obligations.
       ``(2) United states sovereign immunity inapplicable.--Any 
     property of a foreign state, or agency or instrumentality of 
     a foreign state, to which paragraph (1) applies shall not be 
     immune from execution upon a judgment entered under this 
     section because the property is regulated by the United 
     States Government by reason of action taken against that 
     foreign state under the Trading With the Enemy Act or the 
     International Emergency Economic Powers Act.''.
       (2) Victims of crime act.--Section 1404C(a)(3) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is 
     amended by striking ``December 21, 1988, with respect to 
     which an investigation or'' and inserting ``October 23, 1983, 
     with respect to which an investigation or civil or 
     criminal''.
       (3) General exception.--Section 1605 of title 28, United 
     States Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (5)(B), by inserting ``or'' after the 
     semicolon;
       (ii) in paragraph (6)(D), by striking ``; or'' and 
     inserting a period; and
       (iii) by striking paragraph (7); and
       (B) by striking subsections (e) and (f).
       (d) Application to Pending Cases.--
       (1) In general.--The amendments made by this section shall 
     apply to any claim arising under section 1605A or 1605(g) of 
     title 28, United States Code, as added by this section.
       (2) Prior actions.--Any judgment or action brought under 
     section 1605(a)(7) of title 28, United States Code, or 
     section 101(c) of Public Law 104-208 after the effective date 
     of such provisions relying on either of these provisions as 
     creating a cause of action, which has been adversely affected 
     on the grounds that either or both of these provisions fail 
     to create a cause of action opposable against the state, and 
     which is still before the courts in any form, including 
     appeal or motion under Federal Rule of Civil Procedure 60(b), 
     shall, on motion made to the Federal District Court where the 
     judgment or action was initially entered, be given effect as 
     if it had originally been filed pursuant to section 1605A(d) 
     of title 28, United States Code. The defenses of res 
     judicata, collateral estoppel and limitation period are 
     waived in any re-filed action described in this paragraph and 
     based on the such claim. Any such motion or re-filing must be 
     made not later than 60 days after enactment of this Act.
                                 ______
                                 
  SA 2252. Mr. DURBIN proposed an amendment to amendment SA 2241 
proposed by Mr. McConnell to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

       At the end of the amendment add the following:

[[Page S9286]]

       This section shall take effect one day after the bill's 
     enactment.
                                 ______
                                 
  SA 2253. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYMENT ELIGIBILITY CONFIRMATION PILOT PROGRAMS.

       (a) Requiring Federal Departments and Agencies to 
     Participate in the Basic Pilot Program.--Section 402(e)(1)(A) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
     to read as follows:
       ``(A) Executive departments and agencies.--Each department 
     and agency of the Federal Government--
       ``(i) shall participate in the basic pilot program 
     described in section 403(a);
       ``(ii) shall comply with the terms and conditions of such 
     program.''.
       (b) Requiring Department of Defense Contractors to 
     Participate in the Basic Pilot Program.--Section 402(e)(1) of 
     such Act, as amended by subsection (a), is further amended by 
     adding at the end the following:
       ``(C) Department of defense contractors.--The following 
     entities shall participate in the basic pilot program 
     described in section 403(a) and shall comply with the terms 
     and conditions of such program:
       ``(i) A contractor who has entered into a contract with the 
     Department of Defense to which section 2(b)(1) of the Service 
     Contract Act of 1965 (41 U.S.C. 351(b)(1)) applies, and any 
     subcontractor under such contract.
       ``(ii) A contractor who has entered into a contract with 
     the Department of Defense that is exempted from the 
     application of such Act by section 6 of such Act (41 U.S.C. 
     356), and any subcontractor under such contract.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 90 days after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 2254. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 358. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON 
                   PHYSICAL SECURITY OF DEPARTMENT OF DEFENSE 
                   INSTALLATIONS.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to Congress a report on 
     the physical security of Department of Defense installations 
     and resources.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An analysis of the progress in implementing 
     requirements under the Physical Security Program as set forth 
     in the Department of Defense Instruction 5200.08-R, Chapter 2 
     (C.2) and Chapter 3, Section 3: Installation Access (C3.3), 
     which mandates the policies and minimum standards for the 
     physical security of Department of Defense installations and 
     resources.
       (2) Recommendations based on the findings of the 
     Comptroller General of the United States in the report 
     required by section 344 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-366; 
     120 Stat. 2155).
       (3) Recommendations based on the lessons learned from the 
     thwarted plot to attack Fort Dix, New Jersey, in 2007.
                                 ______
                                 
  SA 2255. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) The Army National Guard and Air National Guard have 
     played an increasing role in homeland security and a critical 
     role in Operation Iraqi Freedom and Operation Enduring 
     Freedom.
       (2) As a result of the wars in Afghanistan and Iraq, the 
     Army National Guard and Air National Guard face significant 
     equipment shortfalls.
       (3) The National Guard Bureau, in its February 26, 2007, 
     report entitled ``National Guard Equipment Requirements'', 
     outlines the ``Essential 10'' equipment needs to support the 
     Army National Guard and Air National Guard in the performance 
     of their domestic missions.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Army National Guard and Air National Guard should have 
     sufficient equipment available to accomplish their missions 
     inside the United States and to protect the homeland.
                                 ______
                                 
  SA 2256. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 594. SENSE OF CONGRESS ON PROGRAM ON FACILITATION OF 
                   TRANSITION OF MEMBERS OF THE ARMED FORCES TO 
                   RECEIPT OF VETERANS HEALTH CARE BENEFITS AFTER 
                   COMPLETION OF MILITARY SERVICE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs should, in developing the comprehensive policy 
     required by section 1611 as added by Senate amendment 2019, 
     consider establishing a program that utilizes eligible 
     entities to assist members of the Armed Forces, particularly 
     members described in subsection (b), in applying for and 
     receiving health care benefits and services from the 
     Department of Veterans Affairs and otherwise after completion 
     of military service in order to ensure that such members 
     receive a continuity of care and assistance in and after the 
     transition from military service to civilian life.
       (b) Target Populations.--Members described in this 
     subsection are all members of the Armed Forces, particularly 
     the following:
       (1) Members with serious wounds or injuries.
       (2) Members with mental disorders.
       (3) Women members.
       (4) Members of the National Guard and the Reserves.
       (c) Veteran Navigator.--The program described in subsection 
     (a) should include a requirement that eligible entities 
     provide assistance under the program through qualified 
     individuals who provide such assistance on an individualized 
     basis to members of the Armed Forces described in subsection 
     (a) as they transition from military service to civilian life 
     and during the commencement of their receipt of health care 
     benefits and services from the Department of Veterans Affairs 
     and otherwise. An individual providing such assistance would 
     be referred to as a ``veteran navigator''.
       (d) Eligible Entities Defined.--In this section, the term 
     `` eligible entity'' means any entity or organization that--
       (1) is independent of the Department of Defense and the 
     Department of Veterans Affairs; and
       (2) has or can acquire the capacity, including appropriate 
     personnel, to provide assistance under the pilot program 
     described in this section.
                                 ______
                                 
  SA 2257. Mr. CORNYN (for himself and Mrs. Dole) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of section 1043, insert the following:
       (f) Focus on Improving Interagency Cooperation in Post-
     Conflict Contingency Relief and Reconstruction Operations.--
       (1) Findings.--Congress makes the following findings:
       (A) The interagency coordination and integration of the 
     United States Government for the planning and execution of 
     overseas post-conflict contingency relief and reconstruction 
     operations requires reform.
       (B) Recent operations, most notably in Iraq, lacked the 
     necessary consistent and effective interagency coordination 
     and integration in planning and execution.
       (C) Although the unique circumstances associated with the 
     Iraq reconstruction effort are partly responsible for this 
     weak coordination, existing structural weaknesses within the 
     planning and execution processes for such operations indicate 
     that the problems encountered in the Iraq program could recur 
     in future operations unless action is taken to reform and 
     improve interdepartmental integration in planning and 
     execution.
       (D) The agencies involved in the Iraq program have 
     attempted to adapt to the relentless demands of the 
     reconstruction effort,

[[Page S9287]]

     but more substantive and permanent reforms are required for 
     the United States Government to be optimally prepared for 
     future operations.
       (E) The fresh body of evidence developed from the Iraq 
     relief and reconstruction experience provides a good basis 
     and timely opportunity to pursue meaningful improvements 
     within and among the departments charged with managing the 
     planning and execution of such operations.
       (F) The success achieved in departmental integration of 
     overseas conflict management through the Goldwater-Nichols 
     Department of Defense Reorganization Act of 1986 (Public Law 
     99-433; 100 Stat. 992) provides precedent for Congress to 
     consider legislation designed to promote increased 
     cooperation and integration among the primary Federal 
     departments and agencies charged with managing post-conflict 
     contingency reconstruction and relief operations.
       (2) Inclusion in study.--The study conducted under 
     subsection (a) shall include the following elements:
       (A) A synthesis of past studies evaluating the successes 
     and failures of previous interagency efforts at planning and 
     executing post-conflict contingency relief and reconstruction 
     operations, including relief and reconstruction operations in 
     Iraq.
       (B) An analysis of the division of duties, 
     responsibilities, and functions among executive branch 
     agencies for such operations and recommendations for 
     administrative and regulatory changes to enhance integration.
       (C) Recommendations for legislation that would improve 
     interagency cooperation and integration and the efficiency of 
     the United States Government in the planning and execution of 
     such operations.
       (D) Recommendations for improvements in congressional, 
     executive, and other oversight structures and procedures that 
     would enhance accountability within such operations.
                                 ______
                                 
  SA 2258. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1031. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL 
                   SUPPORT TEAMS.

       Section 1403(a) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2676; 10 U.S.C. 12310 note) is amended--
       (1) in paragraph (1)--
       (A) by striking ``23'' and inserting ``24''; and
       (B) by striking ``55'' and inserting ``56''; and
       (2) in paragraph (2), by striking ``55'' and inserting 
     ``56''.
                                 ______
                                 
  SA 2259. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 214. AMOUNT FOR FLASHLIGHT SOLDIER COMBAT IDENTIFICATION 
                   SYSTEM.

       (a) Increase in Amount for Research, Development, Test and 
     Evaluation, Defense-Wide.--The amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation for Defense-wide activities is hereby 
     increased by $1,000,000.
       (b) Availability for Flashlight Combat Identification 
     System.--Of the amount authorized to be appropriated by 
     section 201(4) for research development, test, and evaluation 
     for Defense-wide activities, as increased by subsection (a), 
     the amount available for Special Operations Technology 
     Development may be increased by $1,000,000, with the amount 
     of the increase to be available for the Flashlight Combat 
     Identification System (FSCIS).
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance for Defense-wide 
     activities is hereby reduced by $1,000,000.
                                 ______
                                 
  SA 2260. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1535. FIRE SCOUT CLASS IV VERTICAL TAKEOFF UNMANNED 
                   AERIAL VEHICLE.

       (a) Findings.--Congress makes the following findings:
       (1) The Army has purchased MQ-8B Fire Scout Vertical 
     Takeoff Unmanned Aerial Vehicles (UAV) to satisfy the 
     requirement for Class IV unmanned aerial vehicles under its 
     Future Combat Systems program.
       (2) The MQ-8B Fire Scout Class IV Vertical Takeoff Unmanned 
     Aerial Vehicle is based on the highly successful RQ-8A 
     Vertical Takeoff Unmanned Aerial Vehicle System developed for 
     the Navy, and is currently in test and evaluation having 
     successfully completed more than 200 test flights since May 
     2002.
       (3) Production of at least six Army MQ-8B Fire Scout Class 
     IV Vertical Takeoff Unmanned Aerial Vehicles has been 
     completed, and final flight testing has been delayed until 
     2010.
       (4) The United States Central Command has an urgent 
     requirement for persistent command, control, communications, 
     computers, intelligence, surveillance, and reconnaissance 
     (C4ISR) systems in support of ongoing operations.
       (5) There are at least six Army MQ-8B Fire Scout Class IV 
     Vertical Takeoff Unmanned Aerial Vehicle aircraft available 
     today that could be outfitted with appropriate sensors and 
     deployed to rapidly satisfy the requirements of the United 
     States Central Command.
       (b) Program Required.--The Secretary of Defense shall take 
     appropriate actions to field not less than six existing Army 
     Fire Scout Class IV Vertical Takeoff Unmanned Aerial 
     Vehicles, with appropriate sensors and communications 
     capabilities and requisite ground control stations, for 
     deployment to the United States Central Command area of 
     operations by not later than February 2008.
       (c) Funding.--Amounts authorized to be appropriated by this 
     title may be available for procurement for purposes of 
     subsection (b).
       (d) Report.--Not later than December 1, 2007, the Secretary 
     of the Army shall submit to the congressional defense 
     committees a report describing the progress made toward 
     meeting the requirements of subsection (b).
                                 ______
                                 
  SA 2261. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 673. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL 
                   ASSISTANCE FOR CERTAIN MEMBERS OF THE SELECTED 
                   RESERVE AFFECTED BY FORCE SHAPING INITIATIVES.

       Section 16133(b)(1)(B) of title 10, United States Code, is 
     amended by inserting ``or the period beginning on October 1, 
     2007, and ending on September 30, 2014,'' after ``December 
     31, 2001,''.
                                 ______
                                 
  SA 2262. Mr. KENNEDY (for himself, Mr. Bingaman, Mrs. Clinton, Mr. 
Alexander, and Mr. Bunning) submitted an amendment intended to be 
proposed by him to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XXXI, add the following:

     SEC. 3126. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE 
                   OMBUDSMAN OF THE ENERGY EMPLOYEES OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM.

       Section 3686(g) of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
     15(g)) is amended by striking ``on the date that is 3 years 
     after the date of the enactment of this section'' and 
     inserting ``October 28, 2012''.
                                 ______
                                 
  SA 2263. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 594. ENHANCEMENT OF REST AND RECUPERATION LEAVE.

       Section 705(b)(2) of title 10, United States Code, is 
     amended by inserting ``for members whose qualifying tour of 
     duty is 12 months or less, or for not more than 20 days for 
     members whose qualifying tour of duty is longer than 12 
     months,'' after ``for not more than 15 days''.
                                 ______
                                 
  SA 2264. Mr. LOTT submitted an amendment intended to be proposed by

[[Page S9288]]

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

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

     SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES 
                   RETIREMENT HOME.

       (a) Independence and Purpose of Retirement Home.--Section 
     1511 of the Armed Forces Retirement Home Act of 1991 (24 
     U.S.C. 411) is amended----
       (1) in subsection (a), by adding at the end the following: 
     ``However, the Retirement Home shall be treated as a military 
     facility of the Department of Defense, and may not be 
     privatized. The administration of the Retirement Home 
     (including administration for the provision of health care 
     and medical care for residents) shall remain under the direct 
     authority, control, and administration of the Secretary of 
     Defense.''; and
       (2) by striking subsection (g) and inserting the following 
     new subsection (g):
       ``(g) Accreditation.--The Chief Operating Officer shall 
     secure and maintain accreditation by a nationally recognized 
     civilian accrediting organization for each aspect of each 
     facility of the Retirement Home, including medical and dental 
     care, pharmacy, independent living, and assisted living and 
     nursing care.''.
       (b) Spectrum of Care.--Section 1513(b) of the Armed Forces 
     Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by 
     inserting after the first sentence the following new 
     sentence: ``The services provided residents of the Retirement 
     Home shall include appropriate nonacute medical and dental 
     services, pharmaceutical services, and transportation of 
     residents, at no cost to residents, to acute medical and 
     dental services and after-hours routine medical care''.
       (e) Chief Medical Officer.--The Armed Forces Retirement 
     Home Act of 1991 is further amended by inserting after 
     section 1515 the following new section:

     ``SEC. 1515A. CHIEF MEDICAL OFFICER.

       ``(a) Appointment.--(1) The Secretary of Defense shall 
     appoint the Chief Medical Officer of the Retirement Home. The 
     Secretary of Defense shall make the appointment in 
     consultation with the Secretary of Homeland Security.
       ``(2) The Chief Medical Officer shall serve a term of two 
     years, but is removable from office during such term at the 
     pleasure of the Secretary.
       ``(3) The Secretary (or the designee of the Secretary) 
     shall evaluate the performance of the Chief Medical Officer 
     not less frequently than once each year. The Secretary shall 
     carry out such evaluation in consultation with the Chief 
     Operating Officer and the Local Board for each facility of 
     the Retirement Home.
       ``(4) An officer appointed as Chief Medical Officer of the 
     Retirement Home shall serve as Chief Medical Officer without 
     vacating any other military duties and responsibilities 
     assigned to that officer whether at the time of appointment 
     or afterward.
       ``(b) Qualifications.--(1) To qualify for appointment as 
     the Chief Medical Officer, a person shall be a member of the 
     Medical, Dental, Nurse, or Medical Services Corps of the 
     Armed Forces, including the Health and Safety Directorate of 
     the Coast Guard, serving on active duty in the grade of 
     brigadier general, or in the case of the Navy or the Coast 
     Guard rear admiral (lower half), or higher.
       ``(2) In making appointments of the Chief Medical Officer, 
     the Secretary of Defense shall, to the extent practicable, 
     provide for the rotation of the appointments among the 
     various Armed Forces and the Health and Safety Directorate of 
     the Coast Guard.
       ``(c) Responsibilities.--(1) The Chief Medical Officer 
     shall be responsible to the Secretary, the Under Secretary of 
     Defense for Personnel and Readiness, and the Chief Operating 
     Officer for the direction and oversight of the provision of 
     medical, mental health, and dental care at each facility of 
     the Retirement Home.
       ``(2) The Chief Medical Officer shall advise the Secretary, 
     the Under Secretary of Defense for Personnel and Readiness, 
     the Chief Operating Officer, and the Local Board for each 
     facility of the Retirement Home on all medical and medical 
     administrative matters of the Retirement Home.
       ``(d) Duties.--In carrying out the responsibilities set 
     forth in subsection (c), the Chief Medical Officer shall 
     perform the following duties:
       ``(1) Ensure the timely availability to residents of the 
     Retirement Home, at locations other than the Retirement Home, 
     of such acute medical, mental health, and dental care as such 
     resident may require that is not available at the applicable 
     facility of the Retirement Home.
       ``(2) Ensure compliance by the facilities of the Retirement 
     Home with accreditation standards, applicable health care 
     standards of the Department of Veterans Affairs, and any 
     other applicable health care standards and requirements 
     (including requirements identified in applicable reports of 
     the Inspector General of the Department of Defense).
       ``(3) Periodically visit and inspect the medical facilities 
     and medical operations of each facility of the Retirement 
     Home.
       ``(4) Periodically examine and audit the medical records 
     and administration of the Retirement Home.
       ``(5) Consult with the Local Board for each facility of the 
     Retirement Home not less frequently than once each year.
       ``(e) Advisory Bodies.--In carrying out the 
     responsibilities set forth in subsection (c) and the duties 
     set forth in subsection (d), the Chief Medical Officer may 
     establish and seek the advice of such advisory bodies as the 
     Chief Medical Officer considers appropriate.''.
       (f) Local Boards of Trustees.----
       (1) Duties.--Subsection (b) of section 1516 of the Armed 
     Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended 
     to read as follows:
       ``(b) Duties.--(1) The Local Board for a facility shall 
     serve in an advisory capacity to the Director of the facility 
     and to the Chief Operating Officer.
       ``(2) The Local Board for a facility shall provide to the 
     Chief Operating Officer and the Director of the facility such 
     guidance and recommendations on the administration of the 
     facility as the Local Board considers appropriate.
       ``(3) The Local Board for a facility shall provide to the 
     Under Secretary of Defense for Personnel and Readiness not 
     less often than annually an assessment of all aspects of the 
     facility, including the quality of care at the facility.
       ``(4) Not less frequently than once each year, the Local 
     Board for a facility shall submit to Congress a report that 
     includes an assessment of all aspects of the facility, 
     including the quality of care at the facility.''.
       (2) Composition.--Subparagraph (K) of subsection (c) of 
     such section is amended to read as follows:
       ``(K) One senior representative of one of the chief 
     personnel officers of the Armed Forces, who shall be a member 
     of the Armed Forces serving on active duty in the grade of 
     brigadier general, or in the case of the Navy or Coast Guard, 
     rear admiral (lower half).''.
       (h) Inspection of Retirement Home.--Section 1518 of such 
     Act (24 U.S.C. 418) is amended to read as follows:

     ``SEC. 1518. INSPECTION OF RETIREMENT HOME.

       ``(a) Inspector General of the Department of Defense.--(1) 
     The Inspector General of the Department of Defense shall have 
     the duty to inspect the Retirement Home.
       ``(2) The Inspector General shall advise the Secretary of 
     Defense and the Director of each facility of the Retirement 
     Home on matters relating to waste, fraud, abuse, and 
     mismanagement of the Retirement Home.
       ``(b) Inspections by Inspector General.--(1) Every two 
     years, the Inspector General of the Department of Defense 
     shall perform a comprehensive inspection of all aspects of 
     each facility of the Retirement Home, including independent 
     living, assisted living, medical and dental care, pharmacy, 
     financial and contracting records, and any aspect of either 
     facility on which the Local Board for the facility or the 
     resident advisory committee or council of the facility 
     recommends inspection.
       ``(2) The Inspector General may be assisted in inspections 
     under this subsection by a medical inspector general of a 
     military department designated for purposes of this 
     subsection by the Secretary of Defense.
       ``(3) In conducting the inspection of a facility of the 
     Retirement Home under this subsection, the Inspector General 
     shall solicit concerns, observations, and recommendations 
     from the Local Board for the facility, the resident advisory 
     committee or council of the facility, and the residents of 
     the facility. Any concerns, observations, and recommendations 
     solicited from residents shall be solicited on a not-for-
     attribution basis.
       ``(4) The Chief Operating Officer and the Director of each 
     facility of the Retirement Home shall make all staff, other 
     personnel, and records of each facility available to the 
     Inspector General in a timely manner for purposes of 
     inspections under this subsection.
       ``(c) Reports on Inspections by Inspector General.--(1) Not 
     later than 45 days after completing an inspection of a 
     facility of the Retirement Home under subsection (b), the 
     Inspector General shall submit to the Secretary of Defense, 
     the Under Secretary of Defense for Personnel and Readiness, 
     the Chief Operating Officer, the Director of the facility, 
     and the Local Board for the facility, and to Congress, a 
     report describing the results of the inspection and 
     containing such recommendations as the Inspector General 
     considers appropriate in light of the inspection.
       ``(2) Not later than 45 days after receiving a report of 
     the Inspector General under paragraph (1), the Director of 
     the facility concerned shall submit the Secretary of Defense, 
     the Under Secretary of Defense for Personnel and Readiness, 
     the Chief Operating Officer, and the Local Board for the 
     facility, and to Congress, a plan to address the 
     recommendations and other matters set forth in the report.
       ``(d) Additional Inspections.--(1) Every two years, in a 
     year in which the Inspector General does not perform an 
     inspection under subsection (b), the Chief Operating Officer 
     shall request the inspection of each facility of the 
     Retirement Home by a nationally recognized civilian 
     accrediting organization in accordance with Section 1422(a) 
     of this amendment.
       ``(2) The Chief Operating Officer and the Director of a 
     facility being inspected under this subsection shall make all 
     staff, other personnel, and records of the facility available 
     to the civilian accrediting organization

[[Page S9289]]

     in a timely manner for purposes of inspections under this 
     subsection.
       ``(e) Reports on Additional Inspections.--(1) Not later 
     than 45 days after receiving a report of an inspection from 
     the civilian accrediting organization under subsection (d), 
     the Director of the facility concerned shall submit to the 
     Under Secretary of Defense for Personnel and Readiness, the 
     Chief Operating Officer, and the Local Board for the facility 
     a report containing----
       ``(A) the results of the inspection; and
       ``(B) a plan to address any recommendations and other 
     matters set forth in the report.
       ``(2) Not later than 45 days after receiving a report and 
     plan under paragraph (1), the Secretary of Defense shall 
     submit the report and plan to Congress.''.
       (i) Armed Forces Retirement Home Trust Fund.--Section 1519 
     of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
     419) is amended by adding at the end the following new 
     subsection:
       ``(d) Reporting Requirements.--The Chief Financial Officer 
     of the Armed Forces Retirement Home shall comply with the 
     reporting requirements of subchapter II of chapter 35 of 
     title 31, United States Code.''.
                                 ______
                                 
  SA 2265. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 299, line 7, strike ``fifth fiscal year'' and 
     insert ``fourth fiscal year''.
       On page 299, line 9, strike ``fifth fiscal year'' and 
     insert ``fourth fiscal year''.
       Beginning on page 486, strike line 7 and all that follows 
     through page 487, line 5, and insert the following:
       (A) by striking ``(1)'' and inserting ``(1)(A)''; and
       (B) by adding at the end the following new subparagraph:
       ``(B)(i) Subject to clause (ii), the maximum lease amounts 
     for the 350 units in subparagraph (A) may be waived and 
     increased up to a maximum of $60,000 per unit per year.
       ``(ii) The Secretary concerned may not exercise the waiver 
     authority under clause (i) until the Secretary has notified 
     the congressional defense committees of such proposed waiver 
     and the reasons therefor and a period of 21 days has elapsed 
     or, if over sooner, 14 days after such notice is provided in 
     an electronic medium pursuant to section 480 of this 
     title.'';
       (2) in paragraph (2), by striking ``the Secretary of the 
     Navy may lease not more than 2,800 units of family housing in 
     Italy, and the Secretary of the Army may lease not more than 
     500 units of family housing in Italy'' and inserting ``the 
     Secretaries of the military departments may lease not more 
     than 3,300 units of family housing in Italy'';
       (3) by striking paragraphs (3) and (4) and redesignating 
     paragraphs (5) and (6) as paragraphs (3) and (5), 
     respectively;
       (4) in paragraph (3), as redesignated by paragraph (4) of 
     this subsection, by striking ``paragraphs (1), (2), (3), and 
     (4)'' and inserting ``paragraphs (1) and (2)''; and
       (5) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) In addition to the 450 units of family housing 
     referred to in paragraph (1) for which the maximum lease 
     amount is $25,000 per unit per year, the Secretary of the 
     Army may lease not more than 3,975 units of family housing in 
     Korea subject to a maximum lease amount of $46,000 per unit 
     per year. That maximum lease amount shall be adjusted for 
     foreign currency fluctuations and inflation from October 1, 
     2007.''.
                                 ______
                                 
  SA 2266. Mr. CHAMBLISS (for himself, Mr. Coleman, Mr. Isakson, and 
Ms. Klobuchar) submitted an amendment intended to be proposed by him to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 683. NATIONAL GUARD YELLOW RIBBON REINTEGRATION PROGRAM.

       (a) Establishment.--The Secretary of Defense shall 
     establish a national combat veteran reintegration program to 
     provide National Guard and Reserve members and their families 
     with sufficient information, services, referral, and 
     proactive outreach opportunities throughout the entire 
     deployment cycle. This program shall be known as the Yellow 
     Ribbon Reintegration Program.
       (b) Purpose.--The Yellow Ribbon Reintegration Program shall 
     consist of informational events and activities for Reserve 
     Component members, their families, and community members 
     through the four phases of the deployment cycle:
       (1) Pre-Deployment.
       (2) Deployment.
       (3) Demobilization.
       (4) Post-Deployment-Reconstitution.
       (d) Organization.--
       (1) Executive agent.--The Secretary shall designate the OSD 
     (P&R) as the Department of Defense executive agent for the 
     Yellow Ribbon Reintegration Program.
       (2) Establishment of the office for reintegration 
     programs.--
       (A) In general.--The OSD (P&R) shall establish the Office 
     for Reintegration Programs within the OSD. The office shall 
     administer all reintegration programs in coordination with 
     State National Guard organizations. The office shall be 
     responsible for coordination with existing National Guard and 
     Reserve family and support programs. The Directors of the 
     Army National Guard and Air National Guard and the Chiefs of 
     the Army Reserve, Marine Corps Reserve, Navy Reserve and Air 
     Force Reserve may appoint liaison officers to coordinate with 
     the permanent office staff.
       (B) Establishment of a center for excellence in 
     reintegration.--The Office for Reintegration Programs shall 
     establish a Center for Excellence in Reintegration within the 
     office. The Center shall collect and analyze ``lessons 
     learned'' and suggestions from State National Guard and 
     Reserve organizations with existing or developing 
     reintegration programs. The Center shall also assist in 
     developing training aids and briefing materials and training 
     representatives from State National Guard and Reserve 
     organizations.
       (3) Advisory board.--
       (A) Appointment.--The Under Secretary of Defense shall 
     appoint an advisory board to analyze and report areas of 
     success and areas for necessary improvements. The advisory 
     board shall include, but is not limited to, the Director of 
     the Army National Guard, the Director of the Air National 
     Guard, Chiefs of the Army Reserve, Marine Corps Reserve, Navy 
     Reserve and Air Force Reserve, the Assistant Secretary of 
     Defense for Reserve Affairs, an Adjutant General on a 
     rotational basis as determined by the Chief of the National 
     Guard Bureau, and any other Department of Defense, Federal 
     Government agency, or outside organization as determined by 
     the Secretary of Defense. The members of the advisory board 
     may designate representatives in their stead.
       (B) Schedule.--The advisory board shall meet on a schedule 
     as determined by the Secretary of Defense.
       (C) Initial reporting requirement.--The advisory board 
     shall issue internal reports as necessary and shall submit an 
     initial report to the Committees on Armed Services not later 
     than 180 days after the end of a one-year period from 
     establishment of the Office for Reintegration Programs. This 
     report shall contain--
       (i) an evaluation of the reintegration program's 
     implementation by State National Guard and Reserve 
     organizations;
       (ii) an assessment of any unmet resource requirements;
       (iii) recommendations regarding closer coordination between 
     the Office of Reintegration Programs and State National Guard 
     and Reserve organizations.
       (D) Annual reports.--The advisory board shall submit annual 
     reports to the Committees on Armed Services of the Senate and 
     the House of Representatives following the initial report by 
     the first week in March of subsequent years following the 
     initial report.
       (e) Program.--
       (1) In general.--The Office for Reintegration Programs 
     shall analyze the demographics, placement of State Family 
     Assistance Centers (FAC), and FAC resources before a 
     mobilization alert is issued to affected State National Guard 
     and Reserve organizations. The Office of Reintegration 
     Programs shall consult with affected State National Guard and 
     Reserve organizations following the issuance of a 
     mobilization alert and implement the reintegration events in 
     accordance with the Reintegration Program phase model.
       (2) Pre-deployment phase.--The Pre-Deployment Phase shall 
     constitute the time from first notification of mobilization 
     until deployment of the mobilized National Guard or Reserve 
     unit. Events and activities shall focus on providing 
     education and ensuring the readiness of service members, 
     families, and communities for the rigors of a combat 
     deployment.
       (3) Deployment phase.--The Deployment Phase shall 
     constitute the period from deployment of the mobilized 
     National Guard or Reserve unit until the unit arrives at a 
     demobilization station inside the continental United States. 
     Events and services provided shall focus on the challenges 
     and stress associated with separation and having a member in 
     a combat zone. Information sessions shall utilize State 
     National Guard and Reserve resources in coordination with the 
     Employer Support of Guard and Reserve Office, Transition 
     Assistance Advisors, and the State Family Programs Director.
       (4) Demobilization phase.--
       (A) In general.--The Demobilization Phase shall constitute 
     the period from arrival of the National Guard or Reserve unit 
     at the demobilization station until its departure for home 
     station. In the interest of returning members as soon as 
     possible to their home stations, reintegration briefings 
     during the Demobilization Phase shall be minimized. State 
     Deployment Cycle Support Teams are encouraged, however, to 
     assist demobilizing members in enrolling in the Department of 
     Veterans Affairs system using Form 1010EZ during the 
     Demobilization Phase. State Deployment Cycle Support

[[Page S9290]]

     Teams may provide other events from the Initial Reintegration 
     Activity as determined by the State National Guard or Reserve 
     organizations. Remaining events shall be conducted during the 
     Post-Deployment-Reconstitution Phase.
       (B) Initial reintegration activity.--The purpose of this 
     reintegration program is to educate service members about the 
     resources that are available to them and to connect members 
     to service providers who can assist them in overcoming the 
     challenges of reintegration.
       (5) Post-deployment-reconstitution phase.--
       (A) In general.--The Post-Deployment-Reconstitution Phase 
     shall constitute the period from arrival at home station 
     until 180 days following demobilization. Activities and 
     services provided shall focus on reconnecting service members 
     with their families and communities and providing resources 
     and information necessary for successful reintegration. 
     Reintegration events shall begin with elements of the Initial 
     Reintegration Activity program that were not completed during 
     the Demobilization Phase.
       (B) 30-day, 60-day, and 90-day reintegration activities.--
     The State National Guard and Reserve organizations shall hold 
     reintegration activities at the 30-day, 60-day, and 90-day 
     interval following demobilization. These activities shall 
     focus on reconnecting service members and family members with 
     the service providers from Initial Reintegration Activity to 
     ensure service members and their families understand what 
     benefits they are entitled to and what resources are 
     available to help them overcome the challenges of 
     reintegration. The Reintegration Activities shall also 
     provide a forum for service members and families to address 
     negative behaviors related to combat stress and transition.
       (C) Service member pay.--Service members shall receive 
     appropriate pay for days spent attending the Reintegration 
     Activities at the 30-day, 60-day, and 90-day intervals.
       (D) Monthly individual reintegration program.--The Office 
     for Reintegration Programs, in coordination with State 
     National Guard and Reserve organizations, shall offer a 
     monthly reintegration program for individual service members 
     released from active duty or formerly in a medical hold 
     status. The program shall focus on the special needs of this 
     service member subset and the Office for Reintegration 
     Programs shall develop an appropriate program of services and 
     information.
                                 ______
                                 
  SA 2267. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 703. SENSE OF SENATE ON COLLABORATIONS BETWEEN THE 
                   DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF 
                   VETERANS AFFAIRS ON HEALTH CARE FOR WOUNDED 
                   WARRIORS.

       (a) Findings.--The Senate makes the following findings:
       (1) There have been recent collaborations between the 
     Department of Defense, the Department of Veterans Affairs, 
     and the civilian medical community for purposes of providing 
     high quality medical care to America's wounded warriors. One 
     such collaboration is occurring in Augusta, Georgia, between 
     the Dwight D. Eisenhower Army Medical Center at Fort Gordon, 
     the Augusta Department of Veterans Affairs Medical Center, 
     the Medical College of Georgia, and local health care 
     providers under the TRICARE program.
       (2) Medical staff from the Dwight D. Eisenhower Army 
     Medical Center and the Augusta Department of Veterans Affairs 
     Medical Center have been meeting weekly to discuss future 
     patient cases for the Active Duty Rehabilitation Unit (ADRU) 
     within the Uptown Department of Veterans Affairs facility. 
     The Active Duty Rehabilitation Unit is the only 
     rehabilitation unit in the Department of Veterans Affairs 
     system for members of the Armed Forces on active duty.
       (3) As of January 2007, 431 soldiers, sailors, airmen, and 
     marines have received rehabilitation services at the Active 
     Duty Rehabilitation Unit, and 26 percent of those treated 
     have returned to active duty in the Armed Forces.
       (4) The Dwight D. Eisenhower Army Medical Center and the 
     Augusta Department of Veterans Affairs Medical Center have 
     combined their neurosurgery programs and have coordinated on 
     critical brain injury and psychiatric care.
       (5) The Department of Defense, the Army, and the Army 
     Medical Command have recognized the need for expanded 
     behavioral health care services for members of the Armed 
     Forces returning from Operation Iraqi Freedom and Operation 
     Enduring Freedom. These services are currently being provided 
     by the Dwight D. Eisenhower Army Medical Center.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of Defense should encourage continuing 
     collaboration between the Army and the Department of Veterans 
     Affairs in treating America's wounded warriors and, when 
     appropriate and available, provide additional support and 
     resources for the development of such collaborations, 
     including the current collaboration between the Active Duty 
     Rehabilitation Unit at the Augusta Department of Veterans 
     Affairs Medical Center, Georgia, and the behavioral health 
     care services program at the Dwight D. Eisenhower Army 
     Medical Center, Fort Gordon, Georgia.
                                 ______
                                 
  SA 2268. Mr. DURBIN (for himself, Mr. Inouye, Mr. Inhofe, Mr. Obama, 
Mr. Menendez, Mr. Biden, Ms. Mikulski, Mrs. Dole, Mr. Reed, Mr. 
Lieberman, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 555. NURSE MATTERS.

       (a) In General.--The Secretary of Defense may provide for 
     the carrying out of each of the programs described in 
     subsections (b) through (f).
       (b) Service of Nurse Officers as Faculty in Exchange for 
     Commitment to Additional Service in the Armed Forces.--
       (1) In general.--One of the programs under this section may 
     be a program in which covered commissioned officers with a 
     graduate degree in nursing or a related field who are in the 
     nurse corps of the Armed Force concerned serve a tour of duty 
     of two years as a full-time faculty member of an accredited 
     school of nursing.
       (2) Covered officers.--A commissioned officer of the nurse 
     corps of the Armed Forces described in this paragraph is a 
     nurse officer on active duty who has served for more than 
     nine years on active duty in the Armed Forces as an officer 
     of the nurse corps at the time of the commencement of the 
     tour of duty described in paragraph (1).
       (3) Benefits and privileges.--An officer serving on the 
     faculty of an accredited school or nursing under this 
     subsection shall be accorded all the benefits, privileges, 
     and responsibilities (other than compensation and 
     compensation-related benefits) of any other comparably 
     situated individual serving a full-time faculty member of 
     such school.
       (4) Agreement for additional service.--Each officer who 
     serves a tour of duty on the faculty of a school of nursing 
     under this subsection shall enter into an agreement with the 
     Secretary to serve upon the completion of such tour of duty 
     for a period of four years for such tour of duty as a member 
     of the nurse corps of the Armed Force concerned. Any service 
     agreed to by an officer under this paragraph is in addition 
     to any other service required of the officer under law.
       (c) Service of Nurse Officers as Faculty in Exchange for 
     Scholarships for Nurse Officer Candidates.--
       (1) In general.--One of the programs under this section may 
     be a program in which commissioned officers with a graduate 
     degree in nursing or a related field who are in the nurse 
     corps of the Armed Force concerned serve while on active duty 
     a tour of duty of two years as a full-time faculty member of 
     an accredited school of nursing.
       (2) Benefits and privileges.--An officer serving on the 
     faculty of an accredited school of nursing under this 
     subsection shall be accorded all the benefits, privileges, 
     and responsibilities (other than compensation and 
     compensation-related benefits) of any other comparably 
     situated individual serving as a full-time faculty member of 
     such school.
       (3) Scholarships for nurse officer candidates.--(A) Each 
     accredited school of nursing at which an officer serves on 
     the faculty under this subsection shall provide scholarships 
     to individuals undertaking an educational program at such 
     school leading to a degree in nursing who agree, upon 
     completion of such program, to accept a commission as an 
     officer in the nurse corps of the Armed Forces.
       (B) The total amount of funds made available for 
     scholarships by an accredited school of nursing under 
     subparagraph (A) for each officer serving on the faculty of 
     that school under this subsection shall be not less than the 
     amount equal to an entry-level full-time faculty member of 
     that school for each year that such officer so serves on the 
     faculty of that school.
       (C) The total number of scholarships provided by an 
     accredited school of nursing under subparagraph (A) for each 
     officer serving on the faculty of that school under this 
     subsection shall be such number as the Secretary of Defense 
     shall specify for purposes of this subsection.
       (d) Scholarships for Certain Nurse Officers for Education 
     as Nurses.--
       (1) In general.--One of the programs under this section may 
     be a program in which the Secretary provides scholarships to 
     commissioned officers of the nurse corps of the Armed Force 
     concerned described in paragraph (2) who enter into an 
     agreement described in paragraph (4) for the participation of 
     such officers in an educational program of an accredited 
     school of nursing leading to a graduate degree in nursing.

[[Page S9291]]

       (2) Covered nurse officers.--A commissioned officer of the 
     nurse corps of the Armed Forces described in this paragraph 
     is a nurse officer who has served not less than 20 years on 
     active duty in the Armed Forces and is otherwise eligible for 
     retirement from the Armed Forces.
       (3) Scope of scholarships.--Amounts in a scholarship 
     provided a nurse officer under this subsection may be 
     utilized by the officer to pay the costs of tuition, fees, 
     and other educational expenses of the officer in 
     participating in an educational program described in 
     paragraph (1).
       (4) Agreement.--An agreement of a nurse officer described 
     in this paragraph is the agreement of the officer--
       (A) to participate in an educational program described in 
     paragraph (1); and
       (B) upon graduation from such educational program--
       (i) to serve not less than two years as a full-time faculty 
     member of an accredited school of nursing; and
       (ii) to undertake such activities as the Secretary 
     considers appropriate to encourage current and prospective 
     nurses to pursue service in the nurse corps of the Armed 
     Forces.
       (e) Transition Assistance for Retiring Nurse Officers 
     Qualified as Faculty.--
       (1) In general.--One of the programs under this section may 
     be a program in which the Secretary provides to commissioned 
     officers of the nurse corps of the Armed Force concerned 
     described in paragraph (2) the assistance described in 
     paragraph (3) to assist such officers in obtaining and 
     fulfilling positions as full-time faculty members of an 
     accredited school of nursing after retirement from the Armed 
     Forces.
       (2) Covered nurse officers.--A commissioned officer of the 
     nurse corps of the Armed Forces described in this paragraph 
     is a nurse officer who--
       (A) has served an aggregate of at least 20 years on active 
     duty or in reserve active status in the Armed Forces;
       (B) is eligible for retirement from the Armed Forces; and
       (C) possesses a doctoral or master degree in nursing or a 
     related field which qualifies the nurse officer to discharge 
     the position of nurse instructor at an accredited school of 
     nursing.
       (3) Assistance.--The assistance described in this paragraph 
     is assistance as follows:
       (A) Career placement assistance.
       (B) Continuing education.
       (C) Stipends (in an amount specified by the Secretary).
       (4) Agreement.--A nurse officer provided assistance under 
     this subsection shall enter into an agreement with the 
     Secretary to serve as a full-time faculty member of an 
     accredited school of nursing for such period as the Secretary 
     shall provide in the agreement.
       (f) Benefits for Retired Nurse Officers Accepting 
     Appointment as Faculty.--
       (1) In general.--One of the programs under this section may 
     be a program in which the Secretary provides to any 
     individual described in paragraph (2) the benefits specified 
     in paragraph (3).
       (2) Covered individuals.--An individual described in this 
     paragraph is an individual who--
       (A) is retired from the Armed Forces after service as a 
     commissioned officer in the nurse corps of the Armed Forces;
       (B) holds a graduate degree in nursing; and
       (C) serves as a full-time faculty member of an accredited 
     school of nursing.
       (3) Benefits.--The benefits specified in this paragraph 
     shall include the following:
       (A) Payment of retired or retirement pay without reduction 
     based on receipt of pay or other compensation from the 
     institution of higher education concerned.
       (B) Payment by the institution of higher education 
     concerned of a salary and other compensation to which other 
     similarly situated faculty members of the institution of 
     higher education would be entitled.
       (C) If the amount of pay and other compensation payable by 
     the institution of higher education concerned for service as 
     an associate full-time faculty member is less than the basic 
     pay to which the individual was entitled immediately before 
     retirement from the Armed Forces, payment of an amount equal 
     to the difference between such basic pay and such payment and 
     other compensation.
       (g) Administration and Duration of Programs.--
       (1) In general.--The Secretary shall establish requirements 
     and procedures for the administration of the programs 
     authorized by this section. Such requirements and procedures 
     shall include procedures for selecting participating schools 
     of nursing.
       (2) Duration.--Any program carried out under this section 
     shall continue for not less than two years.
       (3) Assessment.--Not later than two years after commencing 
     any program under this section, the Secretary shall assess 
     the results of such program and determine whether or not to 
     continue such program. The assessment of any program shall be 
     based on measurable criteria, information concerning results, 
     and such other matters as the Secretary considers 
     appropriate.
       (4) Continuation.--The Secretary may continue carrying out 
     any program under this section that the Secretary determines, 
     pursuant to an assessment under paragraph (3), to continue to 
     carry out. In continuing to carry out a program, the 
     Secretary may modify the terms of the program within the 
     scope of this section. The continuation of any program may 
     include its expansion to include additional participating 
     schools of nursing.
       (h) Definitions.--In this section, the terms ``school of 
     nursing'' and ``accredited'' have the meaning given those 
     terms in section 801 of the Public Health Service Act (42 
     U.S.C. 296).
                                 ______
                                 
  SA 2269. Mr. REED (for Mrs. Clinton) proposed an amendment to the 
concurrent resolution S. Con. Res. 27, supporting the goals and ideals 
of ``National Purple Heart Recognition Day''; as follows:

       On page 2 line 8 strike ``requests that the President issue 
     a proclamation calling on'' and insert ``calls upon''.

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