[Congressional Record Volume 153, Number 138 (Tuesday, September 18, 2007)]
[Senate]
[Pages S11669-S11678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2887. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1124, to extend the District of Columbia College 
Access Act of 1999; as follows:

       At the end of the bill, add the following:

     SEC. 2. MEANS TESTING.

       (a) In General.--Section 3(c)(2) of the District of 
     Columbia College Access Act of 1999 (113 Stat. 1324; Public 
     Law 106-98) is amended--
       (1) in subparagraph (E), by striking ``and'' after the 
     semicolon at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) is from a family with a taxable annual income of less 
     than $1,000,000.''.
       (b) Conforming Amendment.--Section 5(c)(2) of the District 
     of Columbia College Access Act of 1999 (113 Stat. 1328; 
     Public Law 106-98) is amended by striking ``through (F)'' and 
     inserting ``through (G)''.
                                 ______
                                 
  SA 2888. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1124, to extend the District of Columbia College 
Access Act of 1999; as follows:

       At the end of the bill, add the following:

     SEC. 2. NON-DISCRIMINATION FOR PRIVATE SCHOOL STUDENTS.

       Section 6 of the District of Columbia College Access Act of 
     1999 (113 Stat. 1327; Public Law 106-98) is amended by adding 
     at the end the following:
       ``(i) Non-Discrimination for Private School Students.--In 
     awarding grants under this Act to eligible institutions, the 
     Mayor shall pay amounts, on behalf of eligible students, that 
     are equivalent regardless of whether the students attend a 
     public or private eligible institution.''.
                                 ______
                                 
  SA 2889. 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 
construciton, 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. __. UNIFORM STANDARDS FOR THE INTERROGATION OF 
                   INDIVIDUALS DETAINED BY THE GOVERNMENT OF THE 
                   UNITED STATES.

       (a) In General.--No individual in the custody or under the 
     effective control of an officer or agent of the United States 
     or detained in a facility operated by or on behalf of the 
     Department of Defense, the Central Intelligence Agency, or 
     any other agency of the Government of the United States shall 
     be subject to any treatment or technique of interrogation not 
     authorized by and listed in United States Army Field Manual 
     2-22.3, entitled ``Human Intelligence Collector Operations''.
       (b) Applicability.--Subsection (a) shall not apply with 
     respect to any individual in the custody or under the 
     effective control of the Government of the United States 
     based on--
       (1) an arrest or conviction for violating Federal criminal 
     law; or
       (2) an alleged or adjudicated violation of the immigration 
     laws of the United States.
       (c) Construction.--Nothing in this section may be construed 
     to diminish the rights under the Constitution of the United 
     States of any individual in the custody or within the 
     physical jurisdiction of the Government of the United States.
       (d) Definition.--In this section, the term ``officer or 
     agent of the United States'' includes any officer, employee, 
     agent, contractor, or subcontractor acting for or on behalf 
     of the United States.
                                 ______
                                 
  SA 2890. Mr. THUNE 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 
construciton, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPARTMENT 
                   OF DEFENSE FOR THE PURCHASE OF SYNTHETIC FUELS.

       (a) Multiyear Procurement Authorized.--
       (1) In general.--Chapter 141 of title 10, United States 
     Code, as amended by section 826 of this Act, is further 
     amended by adding at the end the following new section:

     ``Sec. 2410r. Multiyear procurement authority: purchase of 
       synthetic fuels

       ``(a) Multiyear Contracts Authorized.--Subject to 
     subsections (b) and (c), the head of an agency may enter into 
     contracts for a period not to exceed 10 years for the 
     purchase of synthetic fuels.
       ``(b) Limitations on Contracts for Periods in Excess of 
     Five Years.--The head of an agency may exercise the authority 
     in subsection (a) to enter a contract for a period in excess 
     of five years only if the head of the agency determines, on 
     the basis of a business case prepared by the agency, that--
       ``(1) the proposed purchase of fuels under such contract is 
     cost effective for the agency; and
       ``(2) it would not be possible to purchase fuels from the 
     source in an economical manner without the use of a contract 
     for a period in excess of five years.
       ``(c) Limitation on Lifecycle Greenhouse Gas Emissions.--
     The head of an agency may not purchase synthetic fuels under 
     the authority in subsection (a) unless the lifecycle 
     greenhouse gas emissions from such fuels are not greater than 
     the lifecycle greenhouse gas emissions from conventional 
     petroleum-based fuels that are used in the same application.
       ``(d) Definitions.--In this section:
       ``(1) The term `head of an agency' has the meaning given 
     that term in section 2302(1) of this title.
       ``(2) The term `synthetic fuel' means any liquid, gas, or 
     combination thereof that--
       ``(A) can be used as a substitute for petroleum or natural 
     gas (or any derivative thereof, including chemical 
     feedstocks); and
       ``(B) is produced by chemical or physical transformation of 
     domestic sources of energy.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 141 of such title, as so amended, is 
     further amended by adding at the end the following new item:

``2410r. Multiyear procurement authority: purchase of synthetic 
              fuels.''.
       (b) Regulations.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations requiring the head of an agency 
     initiating a multiyear contract as authorized by section 
     2410r of title 10, United States Code (as added by subsection 
     (a)), to find that--

[[Page S11670]]

       (A) there is a reasonable expectation that throughout the 
     contemplated contract period the head of the agency will 
     request funding for the contract at the level required to 
     avoid contract cancellation;
       (B) there is a stable design for all related technologies 
     to the purchase of synthetic fuels as so authorized; and
       (C) the technical risks associated with such technologies 
     are not excessive.
       (2) Minimum anticipated savings.--The regulations required 
     by paragraph (1) shall provide that, in any case in which the 
     estimated total expenditure under a multiyear contract (or 
     several multiyear contracts with the same prime contractor) 
     under section 2410r of title 10, United States Code (as so 
     added), are anticipated to be more than (or, in the case of 
     several contracts, the aggregate of which is anticipated to 
     be more than) $540,000,000 (in fiscal year 1990 constant 
     dollars), the head of an agency may initiate such contract 
     under such section only upon a finding that use of such 
     contract will result in savings exceeding 10 percent of the 
     total anticipated costs of procuring an equivalent amount of 
     fuel for the same application through other means. If such 
     estimated savings will exceed 5 percent of the total 
     anticipated costs of procuring an equivalent amount of fuel 
     for the same application through other means, but not exceed 
     10 percent of such costs, the head of the agency may initiate 
     such contract under such section only upon a finding in 
     writing that an exceptionally strong case has been made with 
     regard to findings required in paragraph (1).
       (3) Limitation on use of authority.--No contract may be 
     entered into under the authority in section 2410r of title 
     10, United States Code (as so added), until the regulations 
     required by paragraph (1) are prescribed.
                                 ______
                                 
  SA 2891. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

     SEC. 1535. REDEPLOYMENT REQUIREMENTS AND SPENDING 
                   RESTRICTIONS RELATED TO MILITARY OPERATIONS IN 
                   IRAQ.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) there is no military solution to the ongoing conflict 
     in Iraq;
       (2) the President should change direction in Iraq if he 
     wants to find a solution to the conflict in that country; and
       (3) the President should launch a new diplomatic offensive 
     in order to promote reconciliation and stability in Iraq, by 
     appointing a special envoy to engage Iraqi leaders, regional 
     leaders, and international organizations, such as the United 
     Nations and the Arab League.
       (b) Redeployment of United States Combat Forces.--
       (1) Redeployment required.--The Secretary of Defense shall 
     begin the phased redeployment of members of the Armed Forces 
     from Iraq not later than 30 days after the date of the 
     enactment of this Act, and shall redeploy all such forces, 
     except those who are essential for the limited purposes set 
     forth in paragraph (3), by April 30, 2008.
       (2) Prohibition on funding.--No funds may be used to 
     support military operations of the United States in Iraq 
     after April 30, 2008, except for the limited purposes set 
     forth in paragraph (3).
       (3) Exception for limited purposes.--The requirement to 
     redeploy forces under paragraph (1) and the prohibition on 
     funding under paragraph (2) do not apply to forces 
     essential--
       (A) to conduct targeted operations, limited in duration and 
     scope, against members of al Qaeda and other international 
     terrorist organizations;
       (B) to provide security for United States infrastructure 
     and personnel; or
       (C) to train and equip Iraqi security forces.
       (c) Armed Forces Readiness.--Upon completion of the 
     redeployment required under subsection (b), funds authorized 
     to be appropriated by this title for Operation Iraqi Freedom 
     may be available to be expended in accordance with the lists 
     of program priorities or requirements not included in the 
     President's proposed budget for fiscal year 2008 submitted to 
     the Committees on Armed Forces of the Senate and the House of 
     Representatives by the Chief of the National Guard Bureau, 
     the Chief of Staff of the Army, the Commandant of the Marine 
     Corps, the Chief of Staff of the Air Force, and the Chief of 
     Naval Operations. Such amounts may not exceed--
       (1) $1,000,000,000 for the National Guard Reserve Equipment 
     Account;
       (2) $10,288,000,000 for the Army;
       (3) $3,189,600,000 for the Marine Corps;
       (4) $16,943,600,000 for the Air Force; and
       (5) $5,657,000,000 for the Navy.
       (d) Limitation on Use of Funds in Event of Failure to 
     Redeploy Forces.--Twenty-five percent of the funds 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2008 for activities in Iraq may 
     not be obligated or expended unless the number of members of 
     the Armed Forces deployed in Iraq by January 31, 2008, is at 
     least 50,000 fewer than the number so deployed as of 
     September 12, 2007, unless the President certifies to the 
     congressional defense committees that it is still possible to 
     redeploy all such forces, except those who are essential for 
     the limited purposes set forth in subsection (b)(3), by April 
     30, 2008.
       (e) Report.--Not later than 60 days after the date of the 
     enactment of this Act, and every 30 days thereafter until May 
     31, 2008, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the status of 
     redeployment efforts under this section.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed as prohibiting funding for personal protective 
     equipment or other equipment or materiel necessary for 
     improving the safety of members of the Armed Forces.
                                 ______
                                 
  SA 2892. 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 XII, add the following:

     SEC. 1234. INCLUSION OF INFORMATION ON ASYMMETRIC 
                   CAPABILITIES IN ANNUAL REPORT ON MILITARY POWER 
                   OF THE PEOPLE'S REPUBLIC OF CHINA.

       Section 1202(b) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) 
     is amended by adding at the end the following new paragraph:
       ``(9) Developments in asymmetric capabilities, including 
     cyberwarfare, including--
       ``(A) detailed analyses of the countries targeted;
       ``(B) the specific vulnerabilities targeted in these 
     countries;
       ``(C) the tactical and strategic effects sought by 
     developing threats to such targets; and
       ``(D) an appendix detailing specific examples of tests and 
     development of these asymmetric capabilities.''.
                                 ______
                                 
  SA 2893. Mr. BOND (for himself and Mr. Leahy) 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 division A, add the following:

      TITLE XVI--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``National Guard Empowerment 
     Act of 2007''.

     SEC. 1602. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD 
                   BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL 
                   GUARD BUREAU.

       (a) Expanded Authority.--
       (1) In general.--Subsection (a) of section 10501 of title 
     10, United States Code, is amended by striking ``joint bureau 
     of the Department of the Army and the Department of the Air 
     Force'' and inserting ``joint activity of the Department of 
     Defense''.
       (2) Purpose.--Subsection (b) of such section is amended by 
     striking ``between'' and all that follows and inserting 
     ``between--
       ``(1)(A) the Secretary of Defense, the Joint Chiefs of 
     Staff, and the commanders of the combatant commands of the 
     United States, and (B) the Department of the Army and the 
     Department of the Air Force; and
       ``(2) the several States.''.
       (b) Enhancements of Position of Chief of National Guard 
     Bureau.--
       (1) Advisory function on national guard matters.--
     Subsection (c) of section 10502 of title 10, United States 
     Code, is amended by inserting ``to the Secretary of Defense, 
     to the Chairman of the Joint Chiefs of Staff,'' after 
     ``principal adviser''.
       (2) Grade.--Subsection (d) of such section is amended by 
     striking ``lieutenant general'' and inserting ``general''.
       (3) Annual report to congress on validated requirements.--
     Section 10504 of such title is amended by adding at the end 
     the following new subsection:
       ``(c) Annual Report on Validated Requirements.--Not later 
     than December 31 each year, the Chief of the National Guard 
     Bureau shall submit to Congress a report on the following:
       ``(1) The requirements validated under section 10503a(b)(1) 
     of this title during the preceding fiscal year.
       ``(2) The requirements referred to in paragraph (1) for 
     which funding is to be requested in the next budget for a 
     fiscal year under section 10544 of this title.
       ``(3) The requirements referred to in paragraph (1) for 
     which funding will not be requested in the next budget for a 
     fiscal year under section 10544 of this title.''.
       (c) Enhancement of Functions of National Guard Bureau.--

[[Page S11671]]

       (1) Additional general functions.--Section 10503 of title 
     10, United States Code, is amended--
       (A) by redesignating paragraph (12) as paragraph (13); and
       (B) by inserting after paragraph (11) the following new 
     paragraph (12):
       ``(12) Facilitating and coordinating with other Federal 
     agencies, and with the several States, the use of National 
     Guard personnel and resources for and in contingency 
     operations, military operations other than war, natural 
     disasters, support of civil authorities, and other 
     circumstances.''.
       (2) Military assistance for civil authorities.--Chapter 
     1011 of such title is further amended by inserting after 
     section 10503 the following new section:

     ``Sec. 10503a. Functions of National Guard Bureau: military 
       assistance to civil authorities

       ``(a) Identification of Additional Necessary Assistance.--
     The Chief of the National Guard Bureau shall--
       ``(1) identify gaps between Federal and State capabilities 
     to prepare for and respond to emergencies; and
       ``(2) make recommendations to the Secretary of Defense on 
     programs and activities of the National Guard for military 
     assistance to civil authorities to address such gaps.
       ``(b) Scope of Responsibilities.--In meeting the 
     requirements of subsection (a), the Chief of the National 
     Guard Bureau shall, in coordination with the adjutants 
     general of the States, have responsibilities as follows:
       ``(1) To validate the requirements of the several States 
     and Territories with respect to military assistance to civil 
     authorities.
       ``(2) To develop doctrine and training requirements 
     relating to the provision of military assistance to civil 
     authorities.
       ``(3) To acquire equipment, materiel, and other supplies 
     and services for the provision of military assistance to 
     civil authorities.
       ``(4) To assist the Secretary of Defense in preparing the 
     budget required under section 10544 of this title.
       ``(5) To administer amounts provided the National Guard for 
     the provision of military assistance to civil authorities.
       ``(6) To carry out any other responsibility relating to the 
     provision of military assistance to civil authorities as the 
     Secretary of Defense shall specify.
       ``(c) Consultation.--The Chief of the National Guard Bureau 
     shall carry out activities under this section in consultation 
     with the Secretary of the Army and the Secretary of the Air 
     Force.''.
       (3) Budgeting for training and equipment for military 
     assistance to civil authorities and other domestic 
     missions.--Chapter 1013 of title 10, United States Code, is 
     amended by adding at the end the following new section:

     ``Sec. 10544. National Guard training and equipment: budget 
       for military assistance to civil authorities and for other 
       domestic operations

       ``(a) In General.--The budget justification documents 
     materials submitted to Congress in support of the budget of 
     the President for a fiscal year (as submitted with the budget 
     of the President under section 1105(a) of title 31) shall 
     specify separate amounts for training and equipment for the 
     National Guard for purposes of military assistance to civil 
     authorities and for other domestic operations during such 
     fiscal year.
       ``(b) Scope of Funding.--The amounts specified under 
     subsection (a) for a fiscal year shall be sufficient for 
     purposes as follows:
       ``(1) The development and implementation of doctrine and 
     training requirements applicable to the assistance and 
     operations described in subsection (a) for such fiscal year.
       ``(2) The acquisition of equipment, materiel, and other 
     supplies and services necessary for the provision of such 
     assistance and such operations in such fiscal year.''.
       (4) Limitation on increase in personnel of national guard 
     bureau.--The Secretary of Defense shall, to the extent 
     practicable, ensure that no additional personnel are assigned 
     to the National Guard Bureau in order to address 
     administrative or other requirements arising out of the 
     amendments made by this subsection.
       (d) Conforming and Clerical Amendments.--
       (1) Conforming amendment.--The heading of section 10503 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 10503. Functions of National Guard Bureau: charter''.

       (2) Clerical amendments.--(A) The table of sections at the 
     beginning of chapter 1011 of such title is amended by 
     striking the item relating to section 10503 and inserting the 
     following new items:

``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to 
              civil authorities.''.
       (B) The table of sections at the beginning of chapter 1013 
     of such title is amended by adding at the end the following 
     new item:

``10544. National Guard training and equipment: budget for military 
              assistance to civil authorities and for other domestic 
              operations.''.

     SEC. 1603. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO 
                   LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON 
                   THE ACTIVE-DUTY LIST.

       (a) Sense of Congress.--It is the sense of Congress that, 
     whenever officers are considered for promotion to the grade 
     of lieutenant general, or vice admiral in the case of the 
     Navy, on the active duty list, officers of the reserve 
     components of the Armed Forces who are eligible for promotion 
     to such grade should be considered for promotion to such 
     grade.
       (b) Proposal.--The Secretary of Defense shall submit to 
     Congress a proposal for mechanisms to achieve the objective 
     specified in subsection (a). The proposal shall include such 
     recommendations for legislative or administrative action as 
     the Secretary considers appropriate in order to achieve that 
     objective.
       (c) Notice Accompanying Nominations.--The President shall 
     include with each nomination of an officer to the grade of 
     lieutenant general, or vice admiral in the case of the Navy, 
     on the active-duty list that is submitted to the Senate for 
     consideration a certification that all reserve officers who 
     were eligible for consideration for promotion to such grade 
     were considered in the making of such nomination.

     SEC. 1604. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT 
                   GENERAL GRADE.

       (a) Treatment of Service as Adjutant General as Joint Duty 
     Experience.--
       (1) Directors of army and air national guard.--Section 
     10506(a)(3) of title 10, United States Code, is amended--
       (A) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Service of an officer as adjutant general shall be 
     treated as joint duty experience for purposes of subparagraph 
     (B)(ii).''.
       (2) Other officers.--The service of an officer of the Armed 
     Forces as adjutant general, or as an officer (other than 
     adjutant general) of the National Guard of a State who 
     performs the duties of adjutant general under the laws of 
     such State, shall be treated as joint duty or joint duty 
     experience for purposes of any provisions of law required 
     such duty or experience as a condition of promotion.
       (b) Reports on Promotion of Reserve Major Generals to 
     Lieutenant General Grade.--
       (1) Review required.--The Secretary of the Army and the 
     Secretary of the Air Force shall each conduct a review of the 
     promotion practices of the military department concerned in 
     order to identify and assess the practices of such military 
     department in the promotion of reserve officers from major 
     general grade to lieutenant general grade.
       (2) Reports.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of the Army and the 
     Secretary of the Air Force shall each submit to the 
     congressional defense committees a report on the review 
     conducted by such official under paragraph (1). Each report 
     shall set forth--
       (A) the results of such review; and
       (B) a description of the actions intended to be taken by 
     such official to encourage and facilitate the promotion of 
     additional reserve officers from major general grade to 
     lieutenant general grade.

     SEC. 1605. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF 
                   THE UNITED STATES NORTHERN COMMAND BE FILLED BY 
                   A QUALIFIED NATIONAL GUARD OFFICER.

       (a) In General.--A position of Deputy Commander of the 
     United States Northern Command shall be filled by a qualified 
     officer of the National Guard who is eligible for promotion 
     to the grade of lieutenant general.
       (b) Purpose.--The purpose of the requirement in subsection 
     (a) is to ensure that information received from the National 
     Guard Bureau regarding the operation of the National Guard of 
     the several States is integrated into the plans and 
     operations of the United States Northern Command.

     SEC. 1606. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE 
                   ANNUAL PLAN FOR RESPONSE TO NATURAL DISASTERS 
                   AND TERRORIST EVENTS.

       (a) Requirement for Annual Plan.--Not later than March 1, 
     2008, and each March 1 thereafter, the Secretary of Defense, 
     in consultation with the commander of the United States 
     Northern Command and the Chief of the National Guard Bureau, 
     shall prepare and submit to Congress a plan for coordinating 
     the use of the National Guard and members of the Armed Forces 
     on active duty when responding to natural disasters, acts of 
     terrorism, and other man-made disasters as identified in the 
     national planning scenarios described in subsection (e).
       (b) Information To Be Provided to Secretary.--To assist the 
     Secretary of Defense in preparing the plan, the National 
     Guard Bureau, pursuant to its purpose as channel of 
     communications as set forth in section 10501(b) of title 10, 
     United States Code, shall provide to the Secretary 
     information gathered from Governors, adjutants general of 
     States, and other State civil authorities responsible for 
     homeland preparation and response to natural and man-made 
     disasters.
       (c) Two Versions.--The plan shall set forth two versions of 
     response, one using only members of the National Guard, and 
     one using both members of the National Guard and members of 
     the regular components of the Armed Forces.
       (d) Matters Covered.--The plan shall cover, at a minimum, 
     the following:
       (1) Protocols for the Department of Defense, the National 
     Guard Bureau, and the Governors of the several States to 
     carry out

[[Page S11672]]

     operations in coordination with each other and to ensure that 
     Governors and local communities are properly informed and 
     remain in control in their respective States and communities.
       (2) An identification of operational procedures, command 
     structures, and lines of communication to ensure a 
     coordinated, efficient response to contingencies.
       (3) An identification of the training and equipment needed 
     for both National Guard personnel and members of the Armed 
     Forces on active duty to provide military assistance to civil 
     authorities and for other domestic operations to respond to 
     hazards identified in the national planning scenarios.
       (e) National Planning Scenarios.--The plan shall provide 
     for response to the following hazards:
       (1) Nuclear detonation, biological attack, biological 
     disease outbreak/pandemic flu, the plague, chemical attack-
     blister agent, chemical attack-toxic industrial chemicals, 
     chemical attack-nerve agent, chemical attack-chlorine tank 
     explosion, major hurricane, major earthquake, radiological 
     attack-radiological dispersal device, explosives attack-
     bombing using improvised explosive device, biological attack-
     food contamination, biological attack-foreign animal disease 
     and cyber attack.
       (2) Any other hazards identified in a national planning 
     scenario developed by the Homeland Security Council.

     SEC. 1607. ADDITIONAL REPORTING REQUIREMENTS RELATING TO 
                   NATIONAL GUARD EQUIPMENT.

       Section 10541 of title 10, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(d) Each report under this section concerning equipment 
     of the National Guard shall also include the following:
       ``(1) A statement of the accuracy of the projections 
     required by subsection (b)(5)(D) contained in earlier reports 
     under this section, and an explanation, if the projection was 
     not met, of why the projection was not met.
       ``(2) A certification from the Chief of the National Guard 
     Bureau setting forth an inventory for the preceding fiscal 
     year of each item of equipment--
       ``(A) for which funds were appropriated;
       ``(B) which was due to be procured for the National Guard 
     during that fiscal year; and
       ``(C) which has not been received by a National Guard unit 
     as of the close of that fiscal year.''.
                                 ______
                                 
  SA 2894. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 555. ASSESSMENTS OF SPONSOR PROGRAMS AT THE MILITARY 
                   SERVICE ACADEMIES.

       (a) Assessments Required.--Not later than 180 days after 
     the date of the enactment of this Act, each Secretary 
     concerned shall submit to the congressional defense 
     committees an assessment of the sponsor program at each 
     military service academy of such military department together 
     with a copy of the policy of the academy with respect to such 
     program.
       (b) Content.--Each assessment submitted under subsection 
     (a) shall describe--
       (1) the purpose of the policy regarding the sponsor program 
     at the academy;
       (2) the implementation of the policy;
       (3) the method used to screen potential sponsors;
       (4) the responsibilities of sponsors;
       (5) the guidance provided to midshipmen and cadets 
     regarding the sponsor program; and
       (6) any recommendations for change in the sponsor program.
                                 ______
                                 
  SA 2895. Mr. CONRAD (for himself, Mr. Hatch, Mr. Dorgan, Mr. Gregg, 
Mr. Roberts, Mr. Sununu, Ms. Cantwell, and 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 D of title I, add the following:

     SEC. 143. SENSE OF CONGRESS ON THE REPLACEMENT OF THE TANKER 
                   AIRCRAFT FLEET.

       It is the sense of Congress that timely replacement of the 
     Air Force aerial refueling tanker fleet in a manner that 
     achieves the best value for the taxpayer is a vital national 
     security priority for the reasons as follows:
       (1) The average age of the aircraft in the Air Force aerial 
     refueling tanker fleet is now more than 43 years, with the 
     age of the aircraft in the KC-135 tanker fleet averaging 46 
     years.
       (2) The development and fielding of a replacement tanker 
     aircraft will allow the United States military to continue to 
     project combat capability anywhere in the world on short 
     notice without relying on intermediate bases for refueling.
       (3) Under current plans, it will take more than 30 years to 
     replace the current fleet of KC-135 tanker aircraft, meaning 
     that some KC-135 tanker aircraft are scheduled to remain 
     operational until they are nearly 80 years old.
                                 ______
                                 
  SA 2896. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1031. PROHIBITION ON USE OF FUNDS FOR CRUEL, INHUMAN, 
                   AND DEGRADING TREATMENT AND PUNISHMENT.

       (a) Prohibition on Use of Funds for Cruel, Inhuman, and 
     Degrading Treatment and Punishment.--No funds authorized to 
     be appropriated by this Act may be used in contravention of 
     the following laws enacted or regulations prescribed to 
     implement the United Nations Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment 
     (done at New York on December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) 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) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations;
       (3) Sections 1002 and 1003 of the Detainee Treatment Act of 
     2005 (10 U.S.C. 801 note; 42 U.S.C. 2000dd).
       (b) Prohibition on Use of Funds for Extraordinary 
     Renditions.--No funds authorized to be appropriated by this 
     Act may be used for any transfer (commonly referred to as an 
     ``extraordinary rendition'') of any person who is imprisoned, 
     detained, or held, or otherwise in the custody or control of 
     a department, agency, or official of the United States 
     Government, or any contractor of a department or agency of 
     the United States Government, to a country where there are 
     substantial grounds for believing that such person would 
     subjected to torture.
                                 ______
                                 
  SA 2897. Mr. KENNEDY (for himself, Mr. Byrd, Ms. Mikulski, and Mr. 
Cardin) submitted an amendment intended to be proposed to amendment SA 
2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 354, after line 24, add the following:

     SEC. 1070. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.

       (a) Establishment.--The Secretary of Defense shall 
     establish a Joint Pathology Center located at the National 
     Naval Medical Center in Bethesda, Maryland, that shall 
     function as the reference center in pathology for the 
     Department of Defense.
       (b) Services.--The Joint Pathology Center shall provide, at 
     a minimum, the following services:
       (1) Diagnostic pathology consultation in medicine, 
     dentistry, and veterinary sciences (including consultation 
     services for patients who are civilians, veterans, or active 
     duty military personnel).
       (2) Pathology education, to include graduate medical 
     education, including residency and fellowship programs, and 
     continuing medical education.
       (3) Diagnostic pathology research.
       (4) Maintenance and continued modernization of the Tissue 
     Repository and, as appropriate, utilization of such 
     Repository in conducting the activities described in 
     paragraphs (1) through (3).
                                 ______
                                 
  SA 2898. Mr. LEVIN (for himself and Mr. Reed) 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. REDUCTION AND TRANSITION OF UNITED STATES FORCES 
                   IN IRAQ.

       (a) Deadline for Commencement of Reduction.--The Secretary 
     of Defense shall

[[Page S11673]]

     commence the reduction of the number of United States forces 
     in Iraq not later than 90 days after the date of the 
     enactment of this Act.
       (b) Implementation of Reduction Along With a Comprehensive 
     Strategy.--The reduction of forces required by this section 
     shall be implemented along with a comprehensive diplomatic, 
     political, and economic strategy that includes sustained 
     engagement with Iraq's neighbors and the international 
     community for the purpose of working collectively to bring 
     stability to Iraq. As part of this effort, the President 
     shall direct the United States Special Representative to the 
     United Nations to use the voice, vote, and influence of the 
     United States to seek the appointment of an international 
     mediator in Iraq, under the auspices of the United Nations 
     Security Council, who has the authority of the international 
     community to engage political, religious, ethnic and tribal 
     leaders in Iraq in an inclusive political process.
       (c) Limited Presence After Reduction and Transition.--After 
     the conclusion of the reduction and transition of United 
     States forces to a limited presence as required by this 
     section, the Secretary of Defense may deploy or maintain 
     members of the Armed Forces in Iraq only for the following 
     missions:
       (1) Protecting United States and Coalition personnel and 
     infrastructure.
       (2) Training, equipping, and providing logistic support to 
     the Iraqi Security Forces.
       (3) Engaging in targeted counterterrorism operations 
     against al Qaeda, al Qaeda affiliated groups, and other 
     international terrorist organizations.
       (d) Completion of Transition.--The Secretary of Defense 
     shall complete the transition of United States forces to a 
     limited presence and missions as described in subsection (c) 
     by not later than nine months after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 2899. Mr. FEINGOLD (for himself, Mr. Casey, Mr. Kennedy, Ms. 
Mikulski, and Mr. Coleman) submitted an amendment intended to be 
proposed by him to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

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

       (a) Federal Employees Program.--
       (1) Definitions.--In this subsection:
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (3) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--The term ``employee'' has the meaning given 
     under section 6331 of title 5, United States Code.
       (D) Family member.--The term ``family member'' includes--
       (i) individuals for whom the qualified member of the Armed 
     Forces provides medical, financial, and logistical support 
     (such as housing, food, clothing, or transportation); and
       (ii) children under the age of 18 years, elderly adults, 
     persons with disabilities, and other persons who are unable 
     to care for themselves because of a mental or physical 
     disability in the absence of the qualified member of the 
     Armed Forces.
       (E) Qualified member of the armed forces.--The term 
     ``qualified member of the Armed Forces'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received notice to report to, or is serving on, 
     active duty in the Armed Forces in support of a contingency 
     operation as defined under section 101(a)(13) of title 10, 
     United States Code; or
       (ii) a member of the Armed Forces on active duty who is 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code.
       (2) Establishment of program.--The Office of Personnel 
     Management shall establish a program to authorize a caregiver 
     to use under paragraph (4)--
       (A) any sick leave of that caregiver during a covered 
     period of service; and
       (B) any leave available to that caregiver under subchapter 
     III or IV of chapter 63 of title 5, United States Code, 
     during a covered period of service.
       (3) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to--
       (i) the employing agency; and
       (ii) the uniformed service of which the individual is a 
     member.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (4) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the employee's giving of care under the 
     designation of the employee as a caregiver.
       (5) Coverage of federal employees not under the federal 
     annual- and sick-leave system.--The program developed by the 
     Office of Personnel Management under paragraph (2) shall also 
     authorize employees of the executive branch who are not 
     employees referred to in paragraph (1)(C) to use sick leave, 
     or any other leave available to the employee, during a 
     covered period of service for purposes relating to, or 
     resulting from, the employee's giving of care under the 
     designation of the employee as a caregiver.
       (6) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out this subsection, 
     including a definition of activities that qualify as the 
     giving of care.
       (7) Termination.--The program under this subsection shall 
     terminate on December 31, 2009.
       (b) Voluntary Private Sector Leave Program.--
       (1) Definitions.--In this subsection:
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (4) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--The term ``employee'' means an employee of a 
     business entity participating in the program under this 
     subsection.
       (D) Family member.--The term ``family member'' includes--
       (i) individuals for whom the qualified member of the Armed 
     Forces provides medical, financial, and logistical support 
     (such as housing, food, clothing, or transportation); and
       (ii) children under the age of 18 years, elderly adults, 
     persons with disabilities, and other persons who are unable 
     to care for themselves because of mental or physical 
     disability in the absence of the qualified member of the 
     Armed Forces.
       (E) Qualified member of the armed forces.--The term 
     ``qualified member of the Armed Forces'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received notice to report to, or is serving on, 
     active duty in the Armed Forces in support of a contingency 
     operation as defined under section 101(a)(13) of title 10, 
     United States Code; or
       (ii) a member of the Armed Forces on active duty who is 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code.
       (2) Establishment of program.--
       (A) In general.--The Secretary of Labor shall establish a 
     program to authorize employees of business entities described 
     under paragraph (3) to use sick leave, or any other leave 
     available to an employee, during a covered period of service 
     for purposes relating to, or resulting from, the employee's 
     giving of care under the designation of the employee as a 
     caregiver.
       (B) Exception.--Subparagraph (A) shall not apply to leave 
     made available under the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2601 et seq.).
       (3) Voluntary business participation.--The Secretary of 
     Labor shall solicit business entities to voluntarily 
     participate in the program under this subsection.
       (4) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to--
       (i) the employing business entity; and
       (ii) the uniformed service of which the individual is a 
     member.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (5) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the employee's giving of care under the 
     designation of the employee as a caregiver.
       (6) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Labor shall prescribe 
     regulations to carry out this subsection.
       (7) Termination.--The program under this subsection shall 
     terminate on December 31, 2009.
       (c) GAO Report.--Not later than March 31, 2009, the 
     Government Accountability Office

[[Page S11674]]

     shall submit a report to Congress on the programs under 
     subsections (a) and (b) that includes--
       (1) an evaluation of the success of each program; and
       (2) recommendations for the continuance or termination of 
     each program.
       (d) Offset.--The aggregate amount authorized to be 
     appropriated for fiscal year 2008 for the use of the 
     Department of Defense for research, development, test and 
     evaluation shall be reduced by $2,000,000.
                                 ______
                                 
  SA 2900. Mr. LAUTENBERG submitted an amendment intended to be 
proposed to amendment SA 2166 submitted by Mr. Smith 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 20 of the amendment, after line 12, insert the 
     following:
       (m) Liability of Parent Companies for Violations of 
     Sanctions by Foreign Entities.--
       (1) Short title.--This subsection may be cited as the 
     ``Stop Business with Terrorists Act of 2007''.
       (2) Definitions.--In this subsection:
       (A) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (B) Parent company.--The term ``parent company'' means an 
     entity that is a United States person and--
       (i) the entity owns, directly or indirectly, more than 50 
     percent of the equity interest by vote or value in another 
     entity;
       (ii) board members or employees of the entity hold a 
     majority of board seats of another entity; or
       (iii) the entity otherwise controls or is able to control 
     the actions, policies, or personnel decisions of another 
     entity.
       (C) United states person.--The term ``United States 
     person'' means--
       (i) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (ii) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in clause 
     (i) own, directly or indirectly, more than 50 percent of the 
     outstanding capital stock or other beneficial interest in 
     such entity.
       (3) Liability of parent companies.--In any case in which an 
     entity engages in an act outside the United States that, if 
     committed in the United States or by a United States person, 
     would violate the provisions of Executive Order 12959 (50 
     U.S.C. 1701 note) or Executive Order 13059 (50 U.S.C. 1701 
     note), or any other prohibition on transactions with respect 
     to Iran imposed under the authority of the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the 
     parent company of the entity shall be subject to the 
     penalties for the act to the same extent as if the parent 
     company had engaged in the act.
       (4) Applicability.--Paragraph (3) shall not apply to a 
     parent company of an entity on which the President imposed a 
     penalty for a violation described in paragraph (3) that was 
     in effect on the date of the enactment of this Act if the 
     parent company divests or terminates its business with such 
     entity not later than 90 days after such date of enactment.
                                 ______
                                 
  SA 2901. Mr. SESSIONS (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed to amendment SA 2011 proposed by Mr. 
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 115. M4 CARBINE RIFLE.

       (a) Findings.--Congress makes the following findings:
       (1) The members of the Armed Forces are entitled to the 
     best individual combat weapons available in the world today.
       (2) Full and open competition in procurement is required by 
     law, and is the most effective way of selecting the best 
     individual combat weapons for the Armed Forces at the best 
     price.
       (3) The M4 carbine rifle is currently the individual weapon 
     of choice for the Army, and it is procured through a sole 
     source contract.
       (4) The M4 carbine rifle has been proven in combat and 
     meets or exceeds the existing requirements for carbines.
       (5) In recent months, government testing and surveys of 
     commercially available small arms have identified alternative 
     riles and carbines that, like the M4 carbine, meet or exceed 
     existing performance and maintenance requirements for the 
     Armed Forces.
       (6) The Army Training and Doctrine Command is conducting a 
     full Capabilities Based Assessment (CBA) of the small arms of 
     the Army which will determine whether or not gaps exist in 
     the current capabilities of such small arms and inform 
     decisions as to whether or not a new individual weapon is 
     required to address such gaps.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should establish a new program of 
     record for the Joint Enhanced Carbine not later than October 
     1, 2008.
       (c) Report on Capabilities Based Assessment.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report on the Capabilities Based 
     Assessment of the small arms of the Army referred to in 
     subsection (a)(6).
       (d) Competition for New Individual Weapon.--
       (1) Competition required.--In the event the Capabilities 
     Based Assessment identifies gaps in the current capabilities 
     of the small arms of the Army and the Secretary of the Army 
     determines that a new individual weapon is required to 
     address such gaps, the Secretary shall procure the new 
     individual weapon through one or more contracts entered into 
     after full and open competition described in paragraph (2).
       (2) Full and open competition.--The full and open 
     competition described in this paragraph is full and open 
     competition among all responsible manufacturers that--
       (A) is open to all developmental item solutions and 
     nondevelopmental item (NDI) solutions; and
       (B) provides for the award of the contract or contracts 
     concerned based on best weapon performance in light of the 
     capabilities identified to be required in the Capabilities 
     Based Assessment.
       (e) Report on Classification as Joint Enhanced Carbine.--
     Not later than March 1, 2008, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the feasibility and advisability of each of the following:
       (1) The certification of a Joint Enhanced Carbine 
     requirement that does not require commonality with existing 
     technical data.
       (2) The award of contracts for all available 
     nondevelopmental carbines in accordance with the Joint 
     Enhanced Carbine requirement.
       (3) The reclassification, effective August 1, 2008, of 
     funds for M4 Carbines to Joint Enhanced Carbines authorized 
     only as the result of competition.
       (4) The use of rapid equipping authority to procure weapons 
     under $2,000 per unit using contracts for nondevelopmental 
     items that are awarded through full and open competition.
                                 ______
                                 
  SA 2902. 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 H of title V, add the following:

     SEC. 594. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY.

       The Secretary of Defense shall, in consultation with the 
     Secretary of Veterans Affairs, modify the Certificate of 
     Release or Discharge from Active Duty (Department of Defense 
     from DD214) in order to permit a member of the Armed Forces, 
     upon discharge or release from active duty in the Armed 
     Forces, to elect the forwarding of the Certificate to the 
     following:
       (1) The Central Office of the Department of Veterans 
     Affairs in Washington, District of Columbia.
       (2) The appropriate office of the United States Department 
     of Veterans in the State in which the member will first 
     reside after such discharge or release.
                                 ______
                                 
  SA 2903. 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 V, add the following:

     SEC. 536. ENHANCEMENT OF REVERSE SOLDIER READINESS PROCESSING 
                   DEMOBILIZATION PROCEDURE.

       The Secretary of Defense and the Secretary of Veterans 
     Affairs shall jointly modify the demobilization procedure for 
     members of the Armed Forces known as Reverse Soldier 
     Readiness Processing by providing for the presence of 
     appropriate Department of Veterans Affairs personnel during 
     such demobilization procedure in order to achieve the 
     following:
       (1) The voluntary registration of members of the Armed 
     Forces covered by such procedure in applicable systems of the 
     Department of Veterans Affairs.

[[Page S11675]]

       (2) The voluntary registration of members of the Armed 
     Forces covered by such procedure for applicable benefits and 
     services from the Department of Veterans Affairs.
       (3) The provision of information to members of the Armed 
     Forces covered by such procedure on the benefits and services 
     available to veterans from or through the Department of 
     Veterans Affairs.
                                 ______
                                 
  SA 2904. 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 H of title V, add the following:

     SEC. 594. ELECTRONIC DISTRIBUTION OF MEDICAL AND OTHER 
                   PERSONNEL RECORDS TO MEMBERS OF THE ARMED 
                   FORCES UPON THEIR DISCHARGE OR RELEASE FROM THE 
                   ARMED FORCES.

       (a) In General.--The Secretary of Defense shall prescribe 
     in regulations a policy, to apply uniformly across the 
     military departments, for the distribution and transfer to 
     members of the Armed Forces of their medical and other 
     personnel records in CD-ROM or other appropriate electronic 
     format at the following times:
       (1) Upon the discharge or release of such members from the 
     Armed Forces.
       (2) In the case of members of the National Guard or 
     Reserve, upon the deactivation or demobilization of such 
     members after a period on active duty in the Armed Forces of 
     more than 30 days.
       (b) Privacy and Other Applicable Requirements.--The policy 
     required by subsection (a) shall ensure the privacy, 
     security, and protection of medical and other personnel 
     records distributed and transferred pursuant to the policy in 
     a manner consistent with applicable law.
                                 ______
                                 
  SA 2905. 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:

       On page 114, between lines 4 and 5, insert the following:

     SEC. 583. PILOT PROGRAM ON MILITARY FAMILY READINESS AND 
                   SERVICEMEMBER REINTEGRATION.

       (a) Pilot Program.--
       (1) In general.--The Secretary of Defense shall carry out a 
     pilot program to assess the feasibility and advisability of 
     providing grants to eligible entities to create comprehensive 
     soldier and family preparedness and reintegration outreach 
     programs for members of the Armed Forces and their families 
     to further the purposes described in section 1781b(b) of 
     title 10, United States Code, as added by section 582(a) of 
     this Act.
       (2) Coordination.--In carrying out the pilot program, the 
     Secretary shall--
       (A) coordinate with the Department of Defense Military 
     Family Readiness Council (established under section 1781a of 
     title, United States Code, as added by section 581 of this 
     Act); and
       (B) consult with the Secretary of Veterans Affairs.
       (3) Designation.--The pilot program established pursuant to 
     paragraph (1) shall be known as the ``National Military 
     Family Readiness and Servicemember Reintegration Outreach 
     Program'' (in this section referred to as ``the pilot 
     program'').
       (b) Grants.--The Secretary shall carry out the pilot 
     program through the award of grants to eligible entities for 
     the provision of outreach services to members of the Armed 
     Forces and their families as described in subsection (a).
       (c) Eligible Entities.--For purposes of this subsection, an 
     eligible entity is any of the following:
       (1) An Adjutant General of a State or territory of the 
     United States.
       (2) A medical center of a Veterans Integrated Service 
     Network (VISN).
       (3) A State veterans affairs agency.
       (4) A family support group for regular members of the Armed 
     Forces or for members of the National Guard or Reserve, if 
     such organization partners with an entity described in 
     paragraphs (1) through (3).
       (5) An organization recognized by the Secretary of Veterans 
     Affairs for the representation of veterans under section 5902 
     of title 38, United States Code, if such organization 
     partners with an entity described in paragraphs (1) through 
     (3).
       (6) A State or local nonprofit organization, if such 
     organization partners with an entity described in paragraphs 
     (1) through (3).
       (d) Use of Grant Funds.--
       (1) In general.--Recipients of grants under the pilot 
     program shall develop programs of outreach to members of the 
     Armed Forces and their family members to educate such members 
     and their family members about the assistance and services 
     available to them that meet the purposes of section 1781b(b) 
     of title 10, United States Code, as added by section 582(a) 
     of this Act, and to assist such members and their family 
     members in obtaining such assistance and services. Such 
     assistance and services may include the following:
       (A) Marriage counseling.
       (B) Services for children.
       (C) Suicide prevention.
       (D) Substance abuse awareness and treatment.
       (E) Mental health awareness and treatment.
       (F) Financial counseling.
       (G) Anger management counseling.
       (H) Domestic violence awareness and prevention.
       (I) Employment assistance.
       (J) Development of strategies for living with a member of 
     the Armed Forces with post traumatic stress disorder or 
     traumatic brain injury.
       (K) Other services that may be appropriate to address the 
     unique needs of members of the Armed Forces and their 
     families who live in rural or remote areas with respect to 
     family readiness and servicemember reintegration.
       (L) Assisting members of the Armed Forces and their 
     families find and receive assistance with military family 
     readiness and servicemember reintegration, including referral 
     services.
       (M) Development of strategies and programs that recognize 
     the need for long-term follow-up services for reintegrating 
     members of the Armed Forces and their families for extended 
     periods following deployments, including between deployments.
       (N) Assisting members of the Armed Forces and their 
     families in receiving services and assistance from the 
     Department of Veterans Affairs, including referral services.
       (2) Provision of outreach services.--A recipient of a grant 
     under this section shall carry out programs of outreach in 
     accordance with paragraph (1) to members of the Armed Forces 
     and their families before, during, between, and after 
     deployment of such members of the Armed Forces.
       (e) Selection of Grant Recipients.--
       (1) Application.--An eligible entity seeking a grant under 
     the pilot program shall submit to the Secretary an 
     application therefor in such form and in such manner as the 
     Secretary considers appropriate.
       (2) Elements.--An application submitted under subparagraph 
     (A) shall include such elements as the Secretary considers 
     appropriate.
       (3) Priority.--In selecting eligible entities to receive 
     grants under the pilot program, the Secretary shall give 
     priority to eligible entities that propose programs with a 
     focus on personal outreach to members of the Armed Forces and 
     their families by trained staff (with preference given to 
     veterans and, in particular, veterans of combat) conducted in 
     person.
       (f) Funding.--Of the amount authorized to be appropriated 
     by section 301(5) for operation and maintenance for Defense-
     wide activities, $30,000,000 may be available to carry out 
     this section.
                                 ______
                                 
  SA 2906. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes, which was ordered to lie on the table; as follows:

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

     SEC. 827. INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS 
                   OF FIRE RESISTANT RAYON FIBER MANUFACTURED IN 
                   AUSTRIA FOR UNIFORMS.

       Section 2533a(f) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) Fire resistant rayon fiber manufactured in Austria 
     for use in the production of uniforms, unless fire resistant 
     rayon fiber for such use is produced in the United States.''.
                                 ______
                                 
  SA 2907. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 2585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 827. FIRE RESISTANT RAYON FIBER FOR UNIFORMS FROM 
                   FOREIGN SOURCES.

       (a) Authorized Sources.--Chapter 141 of title 10, United 
     States Code, as amended by section 826 of this Act, is 
     further amended by adding at the end the following:

     ``Sec. 2410r. Foreign manufactured fire resistant rayon fiber 
       for uniforms: procurement

       ``(a) Authority.--The Secretary of Defense may procure fire 
     resistant rayon fiber manufactured in a foreign country 
     referred to in

[[Page S11676]]

     subsection (b) for use in the production of uniforms.
       ``(b) Foreign Countries Covered.--The authority under 
     subsection (a) applies with respect to a foreign country 
     that--
       ``(1) is a party to a defense memorandum of understanding 
     entered into under section 2531 of this title; and
       ``(2) permits United States firms that manufacture fire 
     resistant rayon fiber to compete with foreign firms for the 
     sale of fire resistant rayon fiber in that country, as 
     determined by the Secretary of Defense.
       ``(c) Applicability to Subcontracts.--The authority under 
     subsection (a) applies with respect to subcontracts under 
     Department of Defense contracts as well as to such contracts.
       ``(d) Definitions.--In this section, the terms `United 
     States firm' and `foreign firm' have the meanings given such 
     terms in section 2532(d) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter, as so amended, is further amended 
     by adding at the end the following new item:
``2410r. Foreign manufactured fire resistant rayon fiber for uniforms: 
              procurement''.
                                 ______
                                 
  SA 2908. Mr. REID (for Mr. Domenici (for himself and Mr. Kennedy)) 
proposed an amendment to the bill S. 558, to provide parity between 
health insurance coverage of mental health benefits and benefits for 
medical and surgical services; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mental Health Parity Act of 
     2007''.

     SEC. 2. MENTAL HEALTH PARITY.

       (a) Amendments of ERISA.--Subpart B of part 7 of title I of 
     the Employee Retirement Income Security Act of 1974 is 
     amended by inserting after section 712 (29 U.S.C. 1185a) the 
     following:

     ``SEC. 712A. MENTAL HEALTH PARITY.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     mental health benefits, such plan or coverage shall ensure 
     that--
       ``(1) the financial requirements applicable to such mental 
     health benefits are no more restrictive than the financial 
     requirements applied to substantially all medical and 
     surgical benefits covered by the plan (or coverage), 
     including deductibles, copayments, coinsurance, out-of-pocket 
     expenses, and annual and lifetime limits, except that the 
     plan (or coverage) may not establish separate cost sharing 
     requirements that are applicable only with respect to mental 
     health benefits; and
       ``(2) the treatment limitations applicable to such mental 
     health benefits are no more restrictive than the treatment 
     limitations applied to substantially all medical and surgical 
     benefits covered by the plan (or coverage), including limits 
     on the frequency of treatment, number of visits, days of 
     coverage, or other similar limits on the scope or duration of 
     treatment.
       ``(b) Clarifications.--In the case of a group health plan 
     (or health insurance coverage offered in connection with such 
     a plan) that provides both medical and surgical benefits and 
     mental health benefits, and complies with the requirements of 
     subsection (a), such plan or coverage shall not be prohibited 
     from--
       ``(1) negotiating separate reimbursement or provider 
     payment rates and service delivery systems for different 
     benefits consistent with subsection (a);
       ``(2) managing the provision of mental health benefits in 
     order to provide medically necessary services for covered 
     benefits, including through the use of any utilization 
     review, authorization or management practices, the 
     application of medical necessity and appropriateness criteria 
     applicable to behavioral health, and the contracting with and 
     use of a network of providers; and
       ``(3) applying the provisions of this section in a manner 
     that takes into consideration similar treatment settings or 
     similar treatments.
       ``(c) In- and Out-of-Network.--In the case of a group 
     health plan (or health insurance coverage offered in 
     connection with such a plan) that provides both medical and 
     surgical benefits and mental health benefits, and that 
     provides such benefits on both an in- and out-of-network 
     basis pursuant to the terms of the plan (or coverage), such 
     plan (or coverage) shall ensure that the requirements of this 
     section are applied to both in- and out-of-network services 
     by comparing in-network medical and surgical benefits to in-
     network mental health benefits and out-of-network medical and 
     surgical benefits to out-of-network mental health benefits.
       ``(d) Small Employer Exemption.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this section shall not apply to any group health plan (or 
     group health insurance coverage offered in connection with a 
     group health plan) for any plan year of any employer who 
     employed an average of at least 2 (or 1 in the case of an 
     employer residing in a State that permits small groups to 
     include a single individual) but not more than 50 employees 
     on business days during the preceding calendar year.
       ``(2) No preemption of certain state laws.--Nothing in 
     paragraph (1) shall be construed to preempt any State 
     insurance law relating to employers in the State who employed 
     an average of at least 2 (or 1 in the case of an employer 
     residing in a State that permits small groups to include a 
     single individual) but not more than 50 employees on business 
     days during the preceding calendar year.
       ``(3) Application of certain rules in determination of 
     employer size.--For purposes of this subsection:
       ``(A) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(B) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination of whether such 
     employer is a small employer shall be based on the average 
     number of employees that it is reasonably expected such 
     employer will employ on business days in the current calendar 
     year.
       ``(C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(e) Cost Exemption.--
       ``(1) In general.--With respect to a group health plan (or 
     health insurance coverage offered in connections with such a 
     plan), if the application of this section to such plan (or 
     coverage) results in an increase for the plan year involved 
     of the actual total costs of coverage with respect to medical 
     and surgical benefits and mental health benefits under the 
     plan (as determined and certified under paragraph (3)) by an 
     amount that exceeds the applicable percentage described in 
     paragraph (2) of the actual total plan costs, the provisions 
     of this section shall not apply to such plan (or coverage) 
     during the following plan year, and such exemption shall 
     apply to the plan (or coverage) for 1 plan year. An employer 
     may elect to continue to apply mental health parity pursuant 
     to this section with respect to the group health plan (or 
     coverage) involved regardless of any increase in total costs.
       ``(2) Applicable percentage.--With respect to a plan (or 
     coverage), the applicable percentage described in this 
     paragraph shall be--
       ``(A) 2 percent in the case of the first plan year in which 
     this section is applied; and
       ``(B) 1 percent in the case of each subsequent plan year.
       ``(3) Determinations by actuaries.--Determinations as to 
     increases in actual costs under a plan (or coverage) for 
     purposes of this section shall be made and certified by a 
     qualified and licensed actuary who is a member in good 
     standing of the American Academy of Actuaries. All such 
     determinations shall be in a written report prepared by the 
     actuary. The report, and all underlying documentation relied 
     upon by the actuary, shall be maintained by the group health 
     plan or health insurance issuer for a period of 6 years 
     following the notification made under paragraph (6).
       ``(4) 6-month determinations.--If a group health plan (or a 
     health insurance issuer offering coverage in connection with 
     a group health plan) seeks an exemption under this 
     subsection, determinations under paragraph (1) shall be made 
     after such plan (or coverage) has complied with this section 
     for the first 6 months of the plan year involved.
       ``(5) Notification.--An election to modify coverage of 
     mental health benefits as permitted under this subsection 
     shall be treated as a material modification in the terms of 
     the plan as described in section 102(a) and shall be subject 
     to the applicable notice requirements under section 
     104(b)(1).
       ``(6) Notification to appropriate agency.--
       ``(A) In general.--A group health plan (or a health 
     insurance issuer offering coverage in connection with a group 
     health plan) that, based upon a certification described under 
     paragraph (3), qualifies for an exemption under this 
     subsection, and elects to implement the exemption, shall 
     notify the Department of Labor or the Department of Health 
     and Human Services, as appropriate, of such election.
       ``(B) Requirement.--A notification under subparagraph (A) 
     shall include--
       ``(i) a description of the number of covered lives under 
     the plan (or coverage) involved at the time of the 
     notification, and as applicable, at the time of any prior 
     election of the cost-exemption under this subsection by such 
     plan (or coverage);
       ``(ii) for both the plan year upon which a cost exemption 
     is sought and the year prior, a description of the actual 
     total costs of coverage with respect to medical and surgical 
     benefits and mental health benefits under the plan; and
       ``(iii) for both the plan year upon which a cost exemption 
     is sought and the year prior, the actual total costs of 
     coverage with respect to mental health benefits under the 
     plan.
       ``(C) Confidentiality.--A notification under subparagraph 
     (A) shall be confidential. The Department of Labor and the 
     Department of Health and Human Services shall make available, 
     upon request and on not more than an annual basis, an 
     anonymous itemization of such notifications, that includes--
       ``(i) a breakdown of States by the size and type of 
     employers submitting such notification; and
       ``(ii) a summary of the data received under subparagraph 
     (B).

[[Page S11677]]

       ``(7) Audits by appropriate agencies.--To determine 
     compliance with this subsection, the Department of Labor and 
     the Department of Health and Human Services, as appropriate, 
     may audit the books and records of a group health plan or 
     health insurance issuer relating to an exemption, including 
     any actuarial reports prepared pursuant to paragraph (3), 
     during the 6 year period following the notification of such 
     exemption under paragraph (6). A State agency receiving a 
     notification under paragraph (6) may also conduct such an 
     audit with respect to an exemption covered by such 
     notification.
       ``(f) Mental Health Benefits.--In this section, the term 
     `mental health benefits' means benefits with respect to 
     mental health services (including substance use disorder 
     treatment) as defined under the terms of the group health 
     plan or coverage, and when applicable as may be defined under 
     State law when applicable to health insurance coverage 
     offered in connection with a group health plan.''.
       (b) Public Health Service Act.--Subpart 2 of part A of 
     title XXVII of the Public Health Service Act is amended by 
     inserting after section 2705 (42 U.S.C. 300gg-5) the 
     following:

     ``SEC. 2705A. MENTAL HEALTH PARITY.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     mental health benefits, such plan or coverage shall ensure 
     that--
       ``(1) the financial requirements applicable to such mental 
     health benefits are no more restrictive than the financial 
     requirements applied to substantially all medical and 
     surgical benefits covered by the plan (or coverage), 
     including deductibles, copayments, coinsurance, out-of-pocket 
     expenses, and annual and lifetime limits, except that the 
     plan (or coverage) may not establish separate cost sharing 
     requirements that are applicable only with respect to mental 
     health benefits; and
       ``(2) the treatment limitations applicable to such mental 
     health benefits are no more restrictive than the treatment 
     limitations applied to substantially all medical and surgical 
     benefits covered by the plan (or coverage), including limits 
     on the frequency of treatment, number of visits, days of 
     coverage, or other similar limits on the scope or duration of 
     treatment.
       ``(b) Clarifications.--In the case of a group health plan 
     (or health insurance coverage offered in connection with such 
     a plan) that provides both medical and surgical benefits and 
     mental health benefits, and complies with the requirements of 
     subsection (a), such plan or coverage shall not be prohibited 
     from--
       ``(1) negotiating separate reimbursement or provider 
     payment rates and service delivery systems for different 
     benefits consistent with subsection (a);
       ``(2) managing the provision of mental health benefits in 
     order to provide medically necessary services for covered 
     benefits, including through the use of any utilization 
     review, authorization or management practices, the 
     application of medical necessity and appropriateness criteria 
     applicable to behavioral health, and the contracting with and 
     use of a network of providers; and
       ``(3) applying the provisions of this section in a manner 
     that takes into consideration similar treatment settings or 
     similar treatments.
       ``(c) In- and Out-of-Network.--In the case of a group 
     health plan (or health insurance coverage offered in 
     connection with such a plan) that provides both medical and 
     surgical benefits and mental health benefits, and that 
     provides such benefits on both an in- and out-of-network 
     basis pursuant to the terms of the plan (or coverage), such 
     plan (or coverage) shall ensure that the requirements of this 
     section are applied to both in- and out-of-network services 
     by comparing in-network medical and surgical benefits to in-
     network mental health benefits and out-of-network medical and 
     surgical benefits to out-of-network mental health benefits.
       ``(d) Small Employer Exemption.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this section shall not apply to any group health plan (or 
     group health insurance coverage offered in connection with a 
     group health plan) for any plan year of any employer who 
     employed an average of at least 2 (or 1 in the case of an 
     employer residing in a State that permits small groups to 
     include a single individual) but not more than 50 employees 
     on business days during the preceding calendar year.
       ``(2) No preemption of certain state laws.--Nothing in 
     paragraph (1) shall be construed to preempt any State 
     insurance law relating to employers in the State who employed 
     an average of at least 2 (or 1 in the case of an employer 
     residing in a State that permits small groups to include a 
     single individual) but not more than 50 employees on business 
     days during the preceding calendar year.
       ``(3) Application of certain rules in determination of 
     employer size.--For purposes of this subsection:
       ``(A) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(B) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination of whether such 
     employer is a small employer shall be based on the average 
     number of employees that it is reasonably expected such 
     employer will employ on business days in the current calendar 
     year.
       ``(C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(e) Cost Exemption.--
       ``(1) In general.--With respect to a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan), if the application of this section to such plan (or 
     coverage) results in an increase for the plan year involved 
     of the actual total costs of coverage with respect to medical 
     and surgical benefits and mental health benefits under the 
     plan (as determined and certified under paragraph (3)) by an 
     amount that exceeds the applicable percentage described in 
     paragraph (2) of the actual total plan costs, the provisions 
     of this section shall not apply to such plan (or coverage) 
     during the following plan year, and such exemption shall 
     apply to the plan (or coverage) for 1 plan year. An employer 
     may elect to continue to apply mental health parity pursuant 
     to this section with respect to the group health plan (or 
     coverage) involved regardless of any increase in total costs.
       ``(2) Applicable percentage.--With respect to a plan (or 
     coverage), the applicable percentage described in this 
     paragraph shall be--
       ``(A) 2 percent in the case of the first plan year in which 
     this section is applied; and
       ``(B) 1 percent in the case of each subsequent plan year.
       ``(3) Determinations by actuaries.--Determinations as to 
     increases in actual costs under a plan (or coverage) for 
     purposes of this section shall be made and certified by a 
     qualified and licensed actuary who is a member in good 
     standing of the American Academy of Actuaries. All such 
     determinations shall be in a written report prepared by the 
     actuary. The report, and all underlying documentation relied 
     upon by the actuary, shall be maintained by the group health 
     plan or health insurance issuer for a period of 6 years 
     following the notification made under paragraph (6).
       ``(4) 6-month determinations.--If a group health plan (or a 
     health insurance issuer offering coverage in connection with 
     a group health plan) seeks an exemption under this 
     subsection, determinations under paragraph (1) shall be made 
     after such plan (or coverage) has complied with this section 
     for the first 6 months of the plan year involved.
       ``(5) Notification.--An election to modify coverage of 
     mental health benefits as permitted under this subsection 
     shall be treated as a material modification in the terms of 
     the plan as described in section 102(a) of the Employee 
     Retirement Income Security Act of 1974 and shall be subject 
     to the applicable notice requirements under section 104(b)(1) 
     of such Act.
       ``(6) Notification to appropriate agency.--
       ``(A) In general.--A group health plan (or a health 
     insurance issuer offering coverage in connection with a group 
     health plan) that, based upon a certification described under 
     paragraph (3), qualifies for an exemption under this 
     subsection, and elects to implement the exemption, shall 
     notify the Department of Labor or the Department of Health 
     and Human Services, as appropriate, of such election. A 
     health insurance issuer providing health insurance coverage 
     in connection with a group health plan shall provide a copy 
     of such notice to the State insurance department or other 
     State agency responsible for regulating the terms of such 
     coverage.
       ``(B) Requirement.--A notification under subparagraph (A) 
     shall include--
       ``(i) a description of the number of covered lives under 
     the plan (or coverage) involved at the time of the 
     notification, and as applicable, at the time of any prior 
     election of the cost-exemption under this subsection by such 
     plan (or coverage);
       ``(ii) for both the plan year upon which a cost exemption 
     is sought and the year prior, a description of the actual 
     total costs of coverage with respect to medical and surgical 
     benefits and mental health benefits under the plan; and
       ``(iii) for both the plan year upon which a cost exemption 
     is sought and the year prior, the actual total costs of 
     coverage with respect to mental health benefits under the 
     plan.
       ``(C) Confidentiality.--A notification under subparagraph 
     (A) shall be confidential. The Department of Labor and the 
     Department of Health and Human Services shall make available, 
     upon request and on not more than an annual basis, an 
     anonymous itemization of such notifications, that includes--
       ``(i) a breakdown of States by the size and type of 
     employers submitting such notification; and
       ``(ii) a summary of the data received under subparagraph 
     (B).
       ``(7) Audits by appropriate agencies.--To determine 
     compliance with this subsection, the Department of Labor and 
     the Department of Health and Human Services, as appropriate, 
     may audit the books and records of a group health plan or 
     health insurance issuer relating to an exemption, including 
     any actuarial reports prepared pursuant to paragraph (3), 
     during the 6 year period following the notification of such 
     exemption under paragraph (6). A State agency receiving a 
     notification under paragraph (6) may

[[Page S11678]]

     also conduct such an audit with respect to an exemption 
     covered by such notification.
       ``(f) Mental Health Benefits.--In this section, the term 
     `mental health benefits' means benefits with respect to 
     mental health services (including substance use disorder 
     treatment) as defined under the terms of the group health 
     plan or coverage, and when applicable as may be defined under 
     State law when applicable to health insurance coverage 
     offered in connection with a group health plan.''.

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--The provisions of this Act shall apply to 
     group health plans (or health insurance coverage offered in 
     connection with such plans) beginning in the first plan year 
     that begins on or after January 1 of the first calendar year 
     that begins more than 1 year after the date of the enactment 
     of this Act.
       (b) Termination of Certain Provisions.--
       (1) ERISA.--Section 712 of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1185a) is amended by striking 
     subsection (f) and inserting the following:
       ``(f) Sunset.--This section shall not apply to benefits for 
     services furnished after the effective date described in 
     section 3(a) of the Mental Health Parity Act of 2007.''.
       (2) PHSA.--Section 2705 of the Public Health Service Act 
     (42 U.S.C. 300gg-5) is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Sunset.--This section shall not apply to benefits for 
     services furnished after the effective date described in 
     section 3(a) of the Mental Health Parity Act of 2007.''.

     SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.

       (a) Group Health Plan Ombudsman.--
       (1) Department of labor.--The Secretary of Labor shall 
     designate an individual within the Department of Labor to 
     serve as the group health plan ombudsman for the Department. 
     Such ombudsman shall serve as an initial point of contact to 
     permit individuals to obtain information and provide 
     assistance concerning coverage of mental health services 
     under group health plans in accordance with this Act.
       (2) Department of health and human services.--The Secretary 
     of Health and Human Services shall designate an individual 
     within the Department of Health and Human Services to serve 
     as the group health plan ombudsman for the Department. Such 
     ombudsman shall serve as an initial point of contact to 
     permit individuals to obtain information and provide 
     assistance concerning coverage of mental health services 
     under health insurance coverage issued in connection with 
     group health plans in accordance with this Act.
       (b) Audits.--The Secretary of Labor and the Secretary of 
     Health and Human Services shall each provide for the conduct 
     of random audits of group health plans (and health insurance 
     coverage offered in connection with such plans) to ensure 
     that such plans are in compliance with this Act (and the 
     amendments made by this Act).
       (c) Government Accountability Office Study.--
       (1) Study.--The Comptroller General shall conduct a study 
     that evaluates the effect of the implementation of the 
     amendments made by this Act on the cost of health insurance 
     coverage, access to health insurance coverage (including the 
     availability of in-network providers), the quality of health 
     care, the impact on benefits and coverage for mental health 
     and substance use disorders, the impact of any additional 
     cost or savings to the plan, the impact on out-of-network 
     coverage for mental health benefits (including substance use 
     disorder treatment), the impact on State mental health 
     benefit mandate laws, other impact on the business community 
     and the Federal Government, and other issues as determined 
     appropriate by the Comptroller General.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to the appropriate committees of Congress a report 
     containing the results of the study conducted under paragraph 
     (1).
       (d) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Labor and the 
     Secretary of Health and Human Services shall jointly 
     promulgate final regulations to carry out this Act.

                          ____________________