[Congressional Record Volume 153, Number 140 (Thursday, September 20, 2007)]
[Senate]
[Pages S11864-S11913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2945. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 827. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID 
                   CONTRACTS AND NONCOMPETITIVE GRANTS.

       (a) Prohibition.--
       (1) Contracts.--
       (A) In general.--Except as provided pursuant to paragraph 
     (4) and notwithstanding any other provision of this Act, all 
     contracts awarded by the Department of Defense through 
     congressional initiatives shall be awarded using competitive 
     procedures in accordance with the requirements of section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (B) Bid requirement.--Except as provided in paragraph (3) 
     and pursuant to paragraph (4), no contract may be awarded by 
     the Department of Defense through a congressional initiative 
     unless more than one bid is received for such contract. If 
     the primary recipient of funding for a congressional 
     initiative is the Department of Defense, the Department must 
     administer a competitive bidding process for the work to be 
     completed. If the primary recipient of funding from a 
     Department of Defense contract awarded through a 
     congressional initiative is a private entity, the Department 
     must allow multiple private entities to compete for the work 
     to be completed.
       (2) Grants.--Notwithstanding any other provision of this 
     Act, no funds may be awarded by the Department of Defense by 
     grant or cooperative agreement through a congressional 
     initiative unless the process used to award such grant or 
     cooperative agreement uses competitive procedures to select 
     the grantee or award recipient. Except as provided in 
     paragraph (3), no such grant may be awarded unless 
     applications for such grant or cooperative agreement are 
     received from two or more applicants that are not from the 
     same organization and do not share any financial, fiduciary, 
     or other organizational relationship.
       (3) Waiver authority.--
       (A) In general.--If the Secretary of Defense does not 
     receive more than one bid for a contract under paragraph 
     (1)(B) or does not receive more than one application from 
     unaffiliated applicants for a grant or cooperative agreement 
     under paragraph (2), the Secretary may waive such bid or 
     application requirement if the Secretary determines that the 
     contract, grant, or cooperative agreement is essential to the 
     mission of the Department of Defense.
       (B) Congressional notification.--If the Secretary of 
     Defense waives a bid requirement under subparagraph (A), the 
     Secretary must, not later than 10 days after exercising such 
     waiver, notify Congress, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives of the waiver.
       (4) Exception to requirement for competition in grants and 
     contracts to colleges and universities.--Section 2361(b)(1) 
     of title 10, United States Code, is amended by striking 
     ``unless that provision of law'' and all that follows and 
     inserting ``unless--
       ``(A) such provision of law--
       ``(i) specifically refers to this section;
       ``(ii) specifically states that such provision of law 
     modifies or supersedes the provisions of this section; and
       ``(iii) specifically identifies the particular college or 
     university involved and states that the grant to be made or 
     the contract to be awarded, as the case may be, pursuant to 
     such provision of law is being made or awarded in 
     contravention of subsection (a); and
       ``(B) the research and development concerned--
       ``(i) fulfills an urgent requirement for deployed United 
     States forces; and
       ``(ii) involves unique and exceptional technology or 
     concepts (which the Secretary shall describe in the notice 
     under paragraph (2)) that makes competition for the award of 
     a grant or contract inadvisable.''.
       (5) Contracting authority.--The Secretary of Defense may, 
     as appropriate, utilize existing contracts to carry out 
     congressional initiatives.
       (b) Annual Report.--
       (1) In general.--Not later than December 31, 2008, and 
     December 31 of each year thereafter, the Secretary of Defense 
     shall submit to Congress a report on congressional 
     initiatives for which amounts were appropriated or otherwise 
     made available for the fiscal year ending during such year.
       (2) Content.--Each report submitted under paragraph (1) 
     shall include with respect to each contract and grant awarded 
     through a congressional initiative--
       (A) the name of the recipient of the funds awarded through 
     such contract or grant;
       (B) the reason or reasons such recipient was selected for 
     such contract or grant; and
       (C) the number of entities that competed for such contract 
     or grant.
       (3) Publication.--Each report submitted under paragraph (1) 
     shall be made publicly available through the Internet website 
     of the Department of Defense.
       (c) Congressional Initiative Defined.--In this section, the 
     term ``congressional initiative'' means a provision of law or 
     a directive contained within a committee report or joint 
     statement of managers of an appropriations Act that 
     specifies--
       (1) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress;
       (2) the specific location at which the work for a project 
     is to be done; and
       (3) the amount of the funds appropriated or otherwise made 
     available for such project.
       (d) Applicability.--This section shall apply with respect 
     to funds appropriated or otherwise made available for fiscal 
     years beginning after September 30, 2007, and to 
     congressional initiatives initiated after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2946. Mr. BAUCUS (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1422. SCHOLARSHIPS FOR POST-SECONDARY EDUCATION FOR 
                   SPOUSES AND DEPENDENTS OF MEMBERS OF THE ARMED 
                   FORCES.

       There is hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2008 such sums as may 
     be appropriate for a grant to a private charitable 
     organization or other appropriate private organization for 
     the provision of scholarships for post-secondary education to 
     spouses and other dependents of members of the Armed Forces, 
     including members of the National Guard and the Reserves, for 
     purposes of enhancing recruitment and retention of members of 
     the Armed Forces.
                                 ______
                                 
  SA 2947. Mrs. BOXER (for herself, Mr. Levin, and Mr. Durbin) 
submitted an amendment intended to be proposed to amendment SA 2011 
proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:


[[Page S11865]]


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

     SEC._--SENSE OF SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) The men and women of the United States Armed Forces and 
     our veterans deserve to be supported, honored, and defended 
     when their patriotism is attacked;
       (2) In 2002, a Senator from Georgia who is a Vietnam 
     veteran, triple amputee, and the recipient of a Silver Star 
     and Bronze Star, had his courage and patriotism attacked in 
     an advertisement in which he was visually linked to Osama bin 
     Laden and Saddam Hussein;
       (3) This attack was aptly described by a Senator and 
     Vietnam veteran as ``reprehensible'';
       (4) In 2004, a Senator from Massachusetts who is a Vietnam 
     veteran and the recipient of a Silver Star, Bronze Star with 
     Combat V, and three Purple Hearts, was personally attacked 
     and accused of dishonoring his country;
       (5) This attack was aptly described by a Senator and 
     Vietnam veteran as ``dishonest and dishonorable.''
       (6) On September 10, 2007, an advertisement in the New York 
     Times was an unwarranted personal attack on General Petraeus; 
     who is honorably leading our Armed Forces in Iraq and 
     carrying out the mission assigned to him by the President of 
     the United States; and
       (7) Such personal attacks on those with distinguished 
     military service to our nation have become all too frequent.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to reaffirm its strong support for all of the men and 
     women of the United States Armed Forces; and
       (2) to strongly condemn all attacks on the honor, 
     integrity, and patriotism of any individual who is serving or 
     has served honorably in the United States Armed Forces, by 
     any person or organization.
                                 ______
                                 
  SA 2948. Mr. KYL (for himself, Mr. Lieberman, Mr. Coleman, and Mr. 
Graham) submitted an amendment intended to be proposed to amendment SA 
2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1535. SENSE OF SENATE ON IRAN.

       (a) Findings.--The Senate makes the following findings:
       (1) General David Petraeus, commander of the Multi-National 
     Force Iraq, stated in testimony before a joint session of the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives on September 10, 
     2007, that ``[i]t is increasingly apparent to both coalition 
     and Iraqi leaders that Iran, through the use of the Iranian 
     Republican Guard Corps Qods Force, seeks to turn the Shi'a 
     militia extremists into a Hezbollah-like force to serve its 
     interests and fight a proxy war against the Iraqi state and 
     coalition forces in Iraq''.
       (2) Ambassador Ryan Crocker, United States Ambassador to 
     Iraq, stated in testimony before a joint session of the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives on September 10, 
     2007, that ``Iran plays a harmful role in Iraq. While 
     claiming to support Iraq in its transition, Iran has actively 
     undermined it by providing lethal capabilities to the enemies 
     of the Iraqi state''.
       (3) The most recent National Intelligence Estimate on Iraq, 
     published in August 2007, states that ``Iran has been 
     intensifying aspects of its lethal support for select groups 
     of Iraqi Shia militants, particularly the JAM [Jaysh al-
     Mahdi], since at least the beginning of 2006. Explosively 
     formed penetrator (EFP) attacks have risen dramatically''.
       (4) The Report of the Independent Commission on the 
     Security Forces of Iraq, released on September 6, 2007, 
     states that ``[t]he Commission concludes that the evidence of 
     Iran's increasing activism in the southeastern part of the 
     country, including Basra and Diyala provinces, is compelling 
     . . . It is an accepted fact that most of the sophisticated 
     weapons being used to `defeat' our armor protection comes 
     across the border from Iran with relative impunity''.
       (5) General (Ret.) James Jones, chairman of the Independent 
     Commission on the Security Forces of Iraq, stated in 
     testimony before the Committee on Armed Services of the 
     Senate on September 6, 2007, that ``[w]e judge that the 
     goings-on across the Iranian border in particular are of 
     extreme severity and have the potential of at least delaying 
     our efforts inside the country. Many of the arms and weapons 
     that kill and maim our soldiers are coming from across the 
     Iranian border''.
       (6) General Petraeus said of Iranian support for extremist 
     activity in Iraq on April 26, 2007, that ``[w]e know that it 
     goes as high as [Brig. Gen. Qassem] Suleimani, who is the 
     head of the Qods Force . . . We believe that he works 
     directly for the supreme leader of the country''.
       (7) Mahmoud Ahmedinejad, the president of Iran, stated on 
     August 28, 2007, with respect to the United States presence 
     in Iraq, that ``[t]he political power of the occupiers is 
     collapsing rapidly. Soon we will see a huge power vacuum in 
     the region. Of course we are prepared to fill the gap''.
       (8) Ambassador Crocker testified to Congress, with respect 
     to President Ahmedinejad's statement, on September 11, 2007, 
     that ``[t]he Iranian involvement in Iraq--its support for 
     extremist militias, training, connections to Lebanese 
     Hezbollah, provision of munitions that are used against our 
     force as well as the Iraqis--are all, in my view, a pretty 
     clear demonstration that Ahmedinejad means what he says, and 
     is already trying to implement it to the best of his 
     ability''.
       (9) General Petraeus stated on September 12, 2007, with 
     respect to evidence of the complicity of Iran in the murder 
     of members of the Armed Forces of the United States in Iraq, 
     that ``[t]e evidence is very, very clear. We captured it when 
     we captured Qais Khazali, the Lebanese Hezbollah deputy 
     commander, and others, and it's in black and white . . . We 
     interrogated these individuals. We have on tape . . . Qais 
     Khazali himself. When asked, could you have done what you 
     have done without Iranian support, he literally throws up his 
     hands and laughs and says, of course not . . . So they told 
     us about the amounts of money that they have received. They 
     told us about the training that they received. They told us 
     about the ammunition and sophisticated weaponry and all of 
     that that they received''.
       (10) General Petraeus further stated on September 14, 2007, 
     that ``[w]hat we have got is evidence. This is not 
     intelligence. This is evidence, off computers that we 
     captured, documents and so forth . . . In one case, a 22-page 
     document that lays out the planning, reconnaissance, 
     rehearsal, conduct, and aftermath of the operation conducted 
     that resulted in the death of five of our soldiers in Karbala 
     back in January''.
       (11) The Department of Defense report to Congress entitled 
     ``Measuring Stability and Security in Iraq'' and released on 
     September 18, 2007, consistent with section 9010 of Public 
     Law 109-289, states that ``[t]here has been no decrease in 
     Iranian training and funding of illegal Shi'a militias in 
     Iraq that attack Iraqi and Coalition forces and civilians . . 
     . Tehran's support for these groups is one of the greatest 
     impediments to progress on reconciliation''.
       (12) The Department of Defense report further states, with 
     respect to Iranian support for Shi'a extremist groups in 
     Iraq, that ``[m]ost of the explosives and ammunition used by 
     these groups are provided by the Iranian Islamic 
     Revolutionary Guard Corps-Qods Force . . . For the period of 
     June through the end of August, [explosively formed 
     penetrator] events are projected to rise by 39 percent over 
     the period of March through May''.
       (13) Since May 2007, Ambassador Crocker has held three 
     rounds of talks in Baghdad on Iraq security with 
     representatives of the Government of the Islamic Republic of 
     Iran.
       (14) Ambassador Crocker testified before Congress on 
     September 10, 2007, with respect to these talks, stating that 
     ``I laid out the concerns we had over Iranian activity that 
     was damaging to Iraq's security, but found no readiness on 
     Iranians' side at all to engage seriously on these issues. 
     The impression I came with after a couple rounds is that the 
     Iranians were interested simply in the appearance of 
     discussions, of being seen to be at the table with the U.S. 
     as an arbiter of Iraq's present and future, rather than 
     actually doing serious business . . . Right now, I haven't 
     seen any sign of earnest or seriousness on the Iranian 
     side''.
       (15) Ambassador Crocker testified before Congress on 
     September 11, 2007, stating that ``[w]e have seen nothing on 
     the ground that would suggest that the Iranians are altering 
     what they're doing in support of extremist elements that are 
     going after our forces as well as the Iraqis''.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) that the manner in which the United States transitions 
     and structures its military presence in Iraq will have 
     critical long-term consequences for the future of the Persian 
     Gulf and the Middle East, in particular with regard to the 
     capability of the Government of the Islamic Republic of Iran 
     to pose a threat to the security of the region, the prospects 
     for democracy for the people of the region, and the health of 
     the global economy;
       (2) that it is a vital national interest of the United 
     States to prevent the Government of the Islamic Republic of 
     Iran from turning Shi'a militia extremists in Iraq into a 
     Hezbollah-like force that could serve its interests inside 
     Iraq, including by overwhelming, subverting, or co-opting 
     institutions of the legitimate Government of Iraq;
       (3) that it should be the policy of the United States to 
     combat, contain, and roll back the violent activities and 
     destabilizing influence inside Iraq of the Government of the 
     Islamic Republic of Iran, its foreign facilitators such as 
     Lebanese Hezbollah, and its indigenous Iraqi proxies;
       (4) to support the prudent and calibrated use of all 
     instruments of United States national power in Iraq, 
     including diplomatic, economic, intelligence, and military 
     instruments, in support of the policy described in

[[Page S11866]]

     paragraph (3) with respect to the Government of the Islamic 
     Republic of Iran and its proxies;
       (5) that the United States should designate the Islamic 
     Revolutionary Guards Corps as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act and place the Islamic Revolutionary Guards 
     Corps on the list of Specially Designated Global Terrorists, 
     as established under the International Emergency Economic 
     Powers Act and initiated under Executive Order 13224; and
       (6) that the Department of the Treasury should act with all 
     possible expediency to complete the listing of those entities 
     targeted under United Nations Security Council Resolutions 
     1737 and 1747 adopted unanimously on December 23, 2006 and 
     March 24, 2007, respectively.
                                 ______
                                 
  SA 2949. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1044. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND 
                   ACCOUNTING SERVICE RESPONSE TO BUTTERBAUGH V. 
                   DEPARTMENT OF JUSTICE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report setting forth an assessment by the 
     Comptroller General of the response of the Defense Finance 
     and Accounting Service to the decision in Butterbaugh v. 
     Department of Justice (336 F.3d 1332 (2003)).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimate of the number of members of the reserve 
     components of the Armed Forces, both past and present, who 
     are entitled to compensation under the decision in 
     Butterbaugh v. Department of Justice.
       (2) An assessment of the current policies, procedures, and 
     timeliness of the Defense Finance and Accounting Service in 
     implementing and resolving claims under the decision in 
     Butterbaugh v. Department of Justice.
       (3) An assessment whether or not the decisions made by the 
     Defense Finance and Accounting Service in implementing the 
     decision in Butterbaugh v. Department of Justice follow a 
     consistent pattern of resolution.
       (4) An assessment of whether or not the decisions made by 
     the Defense Finance and Accounting Service in implementing 
     the decision in Butterbaugh v. Department of Justice are 
     resolving claims by providing more compensation than an 
     individual has been able to prove, under the rule of 
     construction that laws providing benefits to veterans are 
     liberally construed in favor of the veteran.
       (5) An estimate of the total amount of compensation payable 
     to members of the reserve components of the Armed Forces, 
     both past and present, as a result of the recent decision in 
     Hernandez v. Department of the Air Force (No. 2006-3375, slip 
     op.) that leave can be reimbursed for Reserve service before 
     1994, when Congress enacted chapter 43 of title 38, United 
     States Code (commonly referred to as the ``Uniformed Services 
     Employment and Reemployment Rights Act'').
       (6) A comparative assessment of the handling of claims by 
     the Defense Finance and Accounting Service under the decision 
     in Butterbaugh v. Department of Justice with the handling of 
     claims by other Federal agencies (selected by the Comptroller 
     General for purposes of the comparative assessment) under 
     that decision.
       (7) An estimate of the total amount of attorney fees for 
     which the Federal Government has been determined liable under 
     the decision in Butterbaugh v. Department of Justice, and an 
     estimate of the total amount of attorney fees for which the 
     Federal Government may be liable in the future due to claims 
     made under that decision and under the decision in Hernandez 
     v. Department of the Air Force.
       (8) A statement of the number of claims by members of the 
     reserve components of the Armed Forces under the decision in 
     Butterbaugh v. Department of Justice that have been 
     adjudicated by the Defense Finance and Accounting Service.
       (9) A statement of the number of claims by members of the 
     reserve components of the Armed Forces under the decision in 
     Butterbaugh v. Department of Justice that have been denied by 
     the Defense Finance and Accounting Service.
       (10) A comparative assessment of the average amount of time 
     required for the Defense Finance and Accounting Service to 
     resolve a claim under the decision in Butterbaugh v. 
     Department of Justice with the average amount of time 
     required by other Federal agencies (as so selected) to 
     resolve a claim under that decision.
       (11) A comparative statement of the backlog of claims with 
     the Defense Finance and Accounting Service under the decision 
     in Butterbaugh v. Department of Justice with the backlog of 
     claims of other Federal agencies (as so selected) under that 
     decision.
       (12) An estimate of the amount of time required for the 
     Defense Finance and Accounting Service to resolve all 
     outstanding claims under the decision in Butterbaugh v. 
     Department of Justice.
       (13) An assessment of the reasonableness of the requirement 
     of the Defense Finance and Accounting Service for the 
     submittal by members of the reserve components of the Armed 
     Forces of supporting documentation for claims under the 
     decision in Butterbaugh v. Department of Justice.
       (14) A comparative assessment of the requirement of the 
     Defense Finance and Accounting Service for the submittal by 
     members of the reserve components of the Armed Forces of 
     supporting documentation for claims under the decision in 
     Butterbaugh v. Department of Justice with the requirement of 
     other Federal agencies (as so selected) for the submittal by 
     such members of supporting documentation for such claims.
       (15) Such recommendations for legislative action as the 
     Comptroller General considers appropriate in light of the 
     decision in Butterbaugh v. Department of Justice and the 
     decision in Hernandez v. Department of the Air Force.
                                 ______
                                 
  SA 2950. Mr. MARTINEZ submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 256. STUDY AND REPORT ON STANDARD SOLDIER PATIENT 
                   TRACKING SYSTEM.

       (a) Study Required.--In conjunction with the development of 
     the pilot program utilizing an electronic clearinghouse for 
     support of the disability evaluation system of the Department 
     of Defense authorized under this Act, the Secretary of 
     Defense shall conduct a study on the feasibility of including 
     in the required pilot program the following additional 
     elements:
       (1) A means to allow each recovering service member, each 
     family member of such a member, each commander of a military 
     installation retaining medical holdover patients, each 
     patient navigator, and ombudsman office personnel, at all 
     times, to be able to locate and understand exactly where a 
     recovering service member is in the medical holdover process.
       (2) A means to ensure that the commander of each military 
     medical facility where recovering service members are located 
     is able to track appointments of such members to ensure they 
     are meeting timeliness and other standards that serve the 
     member.
       (3) A means to ensure each recovering service member is 
     able to know when his or her appointments and other medical 
     evaluation board or physical evaluation board deadlines will 
     be and that they have been scheduled in a timely and accurate 
     manner.
       (4) Any other information needed to conduct oversight of 
     care of the member through out the medical holdover process.
       (5) Information that will allow the Secretaries of the 
     military departments and the Under Secretary of Defense for 
     Personnel and Readiness to monitor trends and problems.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the results of the 
     study, with such findings and recommendations as the 
     Secretary considers appropriate.
                                 ______
                                 
  SA 2951. Mrs. DOLE submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1070. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN 
                   EMPLOYEES AT CAMP LEJEUNE, NORTH CAROLINA, OF 
                   EXPOSURE TO DRINKING WATER CONTAMINATION.

       (a) Notification of Individuals Served by Tarawa Terrace 
     Water Distribution System, Including Knox Trailer Park.--Not 
     later than one year after the date of the enactment of this 
     Act, the Secretary of the Navy shall make reasonable efforts 
     to identify and notify directly individuals who were served 
     by the Tarawa Terrace Water Distribution System, including 
     Knox Trailer Park, at Camp Lejeune, North Carolina, during 
     the years 1958 through 1987 that they may have been exposed 
     to drinking water contaminated with tetrachloroethylene 
     (PCE).

[[Page S11867]]

       (b) Notification of Individuals Served by Hadnot Point 
     Water Distribution System.--Not later than one year after the 
     Agency for Toxic Substances and Disease Registry (ATSDR) 
     completes its water modeling study of the Hadnot Point water 
     distribution system, the Secretary of the Navy shall make 
     reasonable efforts to identify and notify directly 
     individuals who were served by the system during the period 
     identified in the study of the drinking water contamination 
     to which they may have been exposed.
       (c) Notification of Former Civilian Employees at Camp 
     Lejeune.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of the Navy shall make 
     reasonable efforts to identify and notify directly civilian 
     employees who worked at Camp Lejeune during the period 
     identified in the ATSDR drinking water study of the drinking 
     water contamination to which they may have been exposed.
       (d) Circulation of Health Survey.--
       (1) Finding.--Congress makes the following findings:
       (A) Notification and survey efforts related to the drinking 
     water contamination described in this section are necessary 
     due to the potential negative health impacts of these 
     contaminants.
       (B) The Secretary of the Navy will not be able to identify 
     or contact all former residents due to the condition, non-
     existence, or accessibility of records.
       (C) It is the intent of Congress is that the Secretary of 
     the Navy contact as many former residents as quickly as 
     possible.
       (2) ATSDR health survey.--
       (A) Development.--Not later than 120 days after the date of 
     the enactment of this Act, the ATSDR, in consultation with 
     the National Opinion Research Center, shall develop a health 
     survey that would voluntarily request of individuals 
     described in subsections (a), (b), and (c) personal health 
     information that may lead to scientifically useful health 
     information associated with exposure to TCE, PCE, vinyl 
     chloride, and the other contaminants identified in the ATSDR 
     studies that may provide a basis for further reliable 
     scientific studies of potentially adverse health impacts of 
     exposure to contaminated water at Camp Lejeune.
       (B) Inclusion with notification.--The survey developed 
     under subparagraph (A) shall be distributed by the Secretary 
     of the Navy concurrently with the direct notification 
     required under subsections (a), (b), and (c).
       (e) Use of Media to Supplement Notification.--The Secretary 
     of the Navy may use media notification as a supplement to 
     direct notification of individuals described under 
     subsections (a), (b), and (c). Media notification may reach 
     those individuals not identifiable via remaining records; 
     once individuals respond to media notifications, the 
     Secretary will add them to the contact list to be included in 
     future information updates.
                                 ______
                                 
  SA 2952. Mr. ISAKSON (for himself and Mr. Chambliss) 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. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE 
                   PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES.

       (a) Authority To Procure.--The Secretary of Defense may 
     procure fire resistant rayon fiber for the production of 
     uniforms that is manufactured in a foreign country referred 
     to in subsection (d) if the Secretary determines either of 
     the following:
       (1) That fire resistant rayon fiber for the production of 
     uniforms is not available from sources within the national 
     technology and industrial base.
       (2) That--
       (A) procuring fire resistant rayon fiber manufactured from 
     suppliers within the national technology and industrial base 
     would result in sole-source contracts or subcontracts for the 
     supply of fire resistant rayon fiber; and
       (B) such sole-source contracts or subcontracts would not be 
     in the best interests of the Government or consistent with 
     the objectives of section 2304 of title 10, United States 
     Code.
       (b) Submission to Congress.--Not later than 30 days after 
     making a determination under subsection (a), the Secretary 
     shall submit to Congress a copy of the determination.
       (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) 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) does not discriminate against defense items produced in 
     the United States to a greater degree than the United States 
     discriminates against defense items produced in that country.
       (e) National Technology and Industrial Base Defined.--In 
     this section, the term ``national technology and industrial 
     base'' has the meaning given that term in section 2500 of 
     title 10, United States Code.
                                 ______
                                 
  SA 2953. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 565. EMERGENCY FUNDING FOR LOCAL EDUCATIONAL AGENCIES 
                   ENROLLING MILITARY DEPENDENT CHILDREN.

       (a) Short Title.--This section may be cited as the ``Help 
     for Military Children Affected by War Act of 2007''.
       (b) Grants Authorized.--The Secretary of Defense is 
     authorized to award grants to eligible local educational 
     agencies for the additional education, counseling, and other 
     needs of military dependent children who are affected by war 
     or dramatic military decisions.
       (c) Definitions.--In this section:
       (1) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means a local educational agency 
     that--
       (A) has a number of military dependent children in average 
     daily attendance in the schools served by the local 
     educational agency during the current school year, determined 
     in consultation with the Secretary of Education, that--
       (i) equaled or exceeded 20 percent of the number of all 
     children in average daily attendance in the schools served by 
     such agency during the current school year; or
       (ii) is 1,000 or more,
     whichever is less; and
       (B) is designated by the Secretary of Defense as impacted 
     by--
       (i) Operation Iraqi Freedom;
       (ii) Operation Enduring Freedom;
       (iii) the global rebasing plan of the Department of 
     Defense;
       (iv) the realignment of forces as a result of the base 
     closure process;
       (v) the official creation or activation of 1 or more new 
     military units; or
       (vi) a change in the number of required housing units on a 
     military installation, due to the Military Housing 
     Privatization Initiative of the Department of Defense.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (3) Military dependent child.--The term ``military 
     dependent child''--
       (A) means a child described in subparagraph (B) or (D)(i) 
     of section 8003(a)(1) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(a)(1)); and
       (B) includes a child--
       (i) who resided on Federal property with a parent on active 
     duty in the National Guard or Reserve; or
       (ii) who had a parent on active duty in the National Guard 
     or Reserve but did not reside on Federal property.
       (d) Use of Funds.--Grant funds provided under this section 
     shall be used for--
       (1) tutoring, after-school, and dropout prevention 
     activities for military dependent children with a parent who 
     is or has been impacted by war-related action described in 
     clause (i), (ii), or (iii) of subsection (c)(1)(B);
       (2) professional development of teachers, principals, and 
     counselors on the needs of military dependent children with a 
     parent who is or has been impacted by war-related action 
     described in clause (i), (ii), or (iii) of subsection 
     (c)(1)(B); and
       (3) counseling and other comprehensive support services for 
     military dependent children with a parent who is or has been 
     impacted by war-related action described in clause (i), (ii), 
     or (iii) of subsection (c)(1)(B), including the subsidization 
     of a percentage of hiring of a military-school liaison.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Defense $5,000,000 to carry out this 
     section for fiscal year 2008 and such sums as may be 
     necessary for each of the 3 succeeding fiscal years.
       (2) Special rule.--Funds appropriated under paragraph (1) 
     are in addition to any funds made available to local 
     educational agencies under section 561 or 562 of this Act or 
     section 8003 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7703).
                                 ______
                                 
  SA 2954. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

[[Page S11868]]

     SEC. 1070. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND 
                   PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL, 
                   MARNES-LA-COQUETTE, FRANCE.

       Section 1065 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1233) is 
     amended--
       (1) in subsection (a)(2), by striking ``$2,000,000'' and 
     inserting ``$2,500,000''; and
       (2) in subsection (e), by striking ``under section 
     301(a)(4)''.
                                 ______
                                 
  SA 2955. Mr. WARNER (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1070. SENSE OF CONGRESS ON NAMING THE NEXT AIRCRAFT 
                   CARRIER AS U.S.S. AMERICA.

       (a) Findings.--Congress makes the following findings:
       (1) In the history of the United States, three Navy vessels 
     have been named U.S.S. America.
       (2) On November 9, 1776, the Continental Congress 
     authorized the construction of three 74-gun ships of the 
     line. One of the men-of-war, the first ship named America, 
     was laid down in May 1777 in the shipyard of John Langdon on 
     Rising Castle (now Badger) Island in the Piscataqua River 
     between Portsmouth, New Hampshire, and Kittery, Maine.
       (3) On June 26, 1781, Congress selected then-Captain John 
     Paul Jones as the first commanding officer of the America. 
     However, Congress decided on September 4, 1782, to present 
     the ship to King Louis XVI of France to replace the French 
     ship of the line Magnifique which had run aground and been 
     destroyed on August 11, 1782, while attempting to enter 
     Boston harbor. The ship transfer symbolized the appreciation 
     of the United States for France's service to and sacrifices 
     on behalf of the cause of the American patriots.
       (4) The second America was originally the German civilian 
     passenger transport Amerika, which was launched on April 20, 
     1905, at Belfast, Ireland, by the noted shipbuilding firm of 
     Harland and Wolff, Ltd. Built for the Hamburg-America Line, 
     the steamer entered transatlantic service in the autumn of 
     1905 when she departed Hamburg, Germany, on October 11, 1905, 
     bound for the United States.
       (5) The largest ship of her kind in the world, and easily 
     one of the most luxurious passenger vessels to sail the seas, 
     from 1905 to 1914, the Amerika plied the North Atlantic trade 
     routes touching at Cherbourg, France, while steaming between 
     Hamburg and New York, New York.
       (6) During the summer of 1914, events in the Balkans 
     triggered a conflict that soon spread through Europe, pitting 
     nations against nations in the First World War. The eruption 
     of fighting caught Amerika at Boston, where she was preparing 
     to sail for home. Although due to leave port on August 1, 
     1914, the Amerika stayed at Boston lest she fall prey to the 
     warships of the Royal Navy and remained there for almost 
     three years during the period of United States neutrality.
       (7) Meanwhile, the loss of life caused by German submarine 
     operations turned opinion in the United States against the 
     Central Powers and on February 1, 1917, the United States 
     declared war. The Amerika remained inactive until seized by 
     the United States Shipping Board (USSB), on July 25, 1917. 
     The Amerika was earmarked by the Navy for service in the 
     Cruiser-Transport Force as a troop transport, given the 
     identification number 3006, and placed in commission on 
     August 6, 1917.
       (8) Secretary of the Navy Josephus Daniels promulgated 
     General Order No. 320, changing the names of several ex-
     German ships on September 1, 1917. The Amerika became the 
     America and went on to conduct multiple voyages transporting 
     troops and supplies to and from Word War I operations in 
     Europe. The completion of these trials proved to be a 
     milestone in the reconditioning of former German ships, for 
     the America was the last to be readied for service in the 
     United States Navy.
       (9) On September 26, 1919, the America was decommissioned 
     in Hoboken, New Jersey, and transferred to the War 
     Department. The ship went on to serve as USAT America, and 
     was later renamed, possibly to avoid confusion with the liner 
     America, as the Edmund B. Alexander, in keeping with the Army 
     policy of naming its oceangoing transports for famous general 
     officers. This name honored Edmund Brooke Alexander from the 
     War with Mexico.
       (10) The ship operated briefly between New Orleans, 
     Louisiana, and the Panama Canal Zone and became a troop 
     transport in World War II. The ship was sold to the Bethlehem 
     Steel Co., of Baltimore, Maryland, on January 16, 1957, and 
     was broken up a short time later.
       (11) The third America was the aircraft carrier designated 
     CV-66 laid down on January 1, 1961 at Newport News, Virginia, 
     by the Newport News Shipbuilding and Dry Dock Corporation. 
     She was launched on February 1, 1964, and commissioned at the 
     Norfolk Naval Shipyard on January 23, 1965.
       (12) In the late 1960s, the carrier America conducted 
     multiple Mediterranean deployments during such events as 
     political crises in Greece and the Suez and countless 
     encounters with Soviet navy vessels and assisted with the 
     rescue and treatment of wounded from the incident involving 
     the Liberty (AGTR-5).
       (13) On May 30, 1968, the carrier America arrived at Yankee 
     Station in the South China Sea, and the next morning, the 
     first aircraft since commissioning to leave her deck in anger 
     were launched against the enemy. The America served through 
     four line periods, consisting of 112 days on Yankee Station 
     off the Vietnam coast.
       (14) On a subsequent deployment in 1970, the carrier 
     America completed 100 days on Yankee Station. Through five 
     line periods, the carrier conducted 10,600 aircraft sorties, 
     completed 10,804 carrier landings, expended 11,190 tons of 
     ordnance, moved 425,996 pounds of cargo, handled 6,890 
     packages and transferred 469,027 pounds of mail. This was 
     accomplished without a single combat loss and only one major 
     landing accident with, fortunately, no fatalities.
       (15) On June 2, 1972, three days before the carrier America 
     was to sail again on deployment, the Chief of Naval 
     Operations visited the ship and explained the reason why her 
     orders had been changed to send her to the Gulf of Tonkin 
     instead of the Mediterranean. On October 6, 1972, bombs from 
     the planes of the America dropped the Thanh Hoa Bridge, a 
     major objective since the bombing of the North had begun 
     years before. The America received five battle stars for her 
     overall service in the Vietnam War.
       (16) The carrier America logged her 100,000th landing on 
     August 29, 1973. On May 6, 1981, the America was the first 
     United States Navy carrier to steam through the Suez Canal 
     since the U.S.S. Intrepid (CVA-11) made the passage shortly 
     before the Arab-Israeli ``Six-Day War'' of 1967. The America 
     was also the first supercarrier to transit the canal since it 
     had been modified to permit passage of supertankers.
       (17) On January 7, 1986, President Ronald Reagan ordered 
     all American citizens out of Libya, and broke off all 
     remaining ties between the United States and Libya. At the 
     same time, President Reagan directed the dispatch of a second 
     carrier battle group to the Mediterranean, and directed the 
     Joint Chiefs of Staff to look into military operations 
     against Libya.
       (18) On April 5, 1986, two days after a bomb killed four 
     Americans along with others onboard a Trans World Airways 
     (TWA) flight en route from Rome, Italy, to Athens, Greece, 
     another bomb exploded in the La Belle Discoteque in West 
     Berlin, Germany, killing two members of the United States 
     Armed Forces and a Turkish civilian. Another 222 people were 
     wounded in the bombing, 78 Americans among them. Operation 
     Eldorado Canyon commenced early on the afternoon of April 14, 
     1986, and the carrier America, operating off the Libyan 
     coast, launched six A-6 Intruder strike aircraft and six A-7E 
     Corsair II aircraft in strike support.
       (19) Following Operation Desert Storm, the carrier America 
     returned to the United States amid a heroes' welcome. The 
     America participated in Operation Welcome Home and Fleet Week 
     '91 in New York, New York, from June 6, 1991, through June 
     11, 1991, taking part in the largest victory parade since 
     World War II. After an abbreviated in-port period and 
     compressed work-ups, the America deployed to the North 
     Atlantic for two months in support of North Star '91, then 
     departed on December 2, 1991, for the Mediterranean and 
     Arabian Gulf once again, her eighteenth major deployment. The 
     America also became the first carrier to earn an 
     unprecedented third campaign star on the Southwest Asia 
     Service Medal.
       (20) The carrier America departed Norfolk, Virginia, on 
     August 28, 1995, for a routine 6-month deployment to the 
     Mediterranean and to the Indian Ocean. This was the 20th and 
     final deployment in the 30-year history of the America as the 
     carrier participated in Operations Deny Flight and Deliberate 
     Force from September 9, 1995, to September 30, 1995.
       (21) America returned to the pier in Norfolk, Virginia, 
     ending her Mediterranean Sea deployment on February 24, 1996. 
     After more than three decades of proud and historic naval 
     service, the America was decommissioned at Norfolk Naval 
     Shipyard in Portsmouth, Virginia on August 9, 1996.
       (22) Stricken from the Navy List on the day of her 
     decommissioning, the carrier America was originally planned 
     to be scrapped. However, the carrier was sunk in the Atlantic 
     Ocean, approximately 300 miles off the Virginia coast, on May 
     14, 2005, following a series of tests consisting of 
     underwater and surface simulated attacks on the ship.
       (23) In a letter to a coalition of veterans and former 
     crewmembers of the America who offered to make the carrier a 
     museum, the Vice Chief of Naval Operations explained that 
     ``America will make one final and vital contribution to our 
     national defense, this time as a live-fire test and 
     evaluation platform. America's legacy will serve as a 
     footprint in the design of future carriers -- ships that will 
     protect the sons, daughters, grandchildren and great-
     grandchildren of America veterans''.

[[Page S11869]]

       (b) Naming of Next Aircraft Carrier.--It is the sense of 
     the Congress that the next nuclear-powered aircraft carrier 
     of the Navy be named U.S.S. America.
                                 ______
                                 
  SA 2953. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1070. SENSE OF SENATE ON AIR FORCE USE OF TOWBARLESS 
                   AIRCRAFT GROUND EQUIPMENT.

       It is the sense of the Senate to encourage the Air Force to 
     give full consideration to the potential operational utility, 
     cost savings, and increased safety afforded by the 
     utilization of towbarless aircraft ground equipment.
                                 ______
                                 
  SA 2957. Mr. LAUTENBERG (for himself, Mr. Inouye, Mr. Smith, Mr. 
Stevens, and Mr. Lott) submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

                 DIVISION     --MARITIME ADMINISTRATION

     SEC. --001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Maritime Administration Authorities Act of 2007''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. --001. Short title; table of contents.

                            TITLE I--GENERAL

Sec. --101. Authorization of appropriations for fiscal year 2008.
Sec. --102. Commercial vessel chartering authority.
Sec. --103. Maritime Administration vessel chartering authority.
Sec. --104. Chartering to state and local governmental 
              instrumentalities.
Sec. --105. Disposal of obsolete government vessels.
Sec. --106. Vessel transfer authority.
Sec. --107. Sea trials for ready reserve force.
Sec. --108. Review of applications for loans and guarantees.

                    TITLE II--TECHNICAL CORRECTIONS

Sec. --201. Statutory construction.
Sec. --202. Personal injury to or death of seamen.
Sec. --203. Amendments to chapter 537 based on Public Law 109-163.
Sec. --204. Additional amendments based on Public Law 109-163.
Sec. --205. Amendments based on Public Law 109-171.
Sec. --206. Amendments based on Public Law 109-241.
Sec. --207. Amendments based on Public Law 109-364.
Sec. --208. Miscellaneous amendments.
Sec. --209. Application of sunset provision to codified provision.
Sec. --210. Additional Technical corrections.

                            TITLE I--GENERAL

     SEC. --101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2008.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for the Maritime Administration 
     as follows:
       (1) For expenses necessary for operations and training 
     activities, $122,890,545.
       (2) For paying reimbursement under section 3517 of the 
     Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
     $19,500,000.
       (3) For assistance to small shipyards and maritime 
     communities under section 54101 of title 46, United States 
     Code, $20,000,000.
       (4) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, including provision of 
     assistance under section 7 of Public Law 92-402, $18,000,000.
       (5) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $20,000,000.
       (6) For administrative expenses related to the 
     implementation of the loan guarantee program under chapter 
     537 of title 46, United States Code, administrative expenses 
     related to implementation of the reimbursement program under 
     section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
     53101 note), and administrative expenses related to the 
     implementation of the small shipyards and maritime 
     communities assistance program under section 54101 of title 
     46, United States Code, $3,408,000.

     SEC. --102. COMMERCIAL VESSEL CHARTERING AUTHORITY.

       (a) In General.--Subchapter III of chapter 575 of title 46, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 57533. Vessel chartering authority

       ``The Secretary of Transportation may enter into contracts 
     or other agreements on behalf of the United States to 
     purchase, charter, operate, or otherwise acquire the use of 
     any vessels documented under chapter 121 of this title and 
     any other related real or personal property. The Secretary is 
     authorized to use this authority as the Secretary deems 
     appropriate.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     575 of such title is amended by adding at the end the 
     following:

``57533. Vessel chartering authority.''.

     SEC. --103. MARITIME ADMINISTRATION VESSEL CHARTERING 
                   AUTHORITY.

       Section 50303 of title 46, United States Code, is amended 
     by--
       (1) inserting ``vessels,'' after ``piers,''; and
       (2) by striking ``control;'' in subsection (a)(1) and 
     inserting ``control, except that the prior consent of the 
     Secretary of Defense for such use shall be required with 
     respect to any vessel in the Ready Reserve Force or in the 
     National Defense Reserve Fleet which is maintained in a 
     retention status for the Department of Defense;''.

     SEC. --104. CHARTERING TO STATE AND LOCAL GOVERNMENTAL 
                   INSTRUMENTALITIES.

       Section 11(b) of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. App. 1744(b)), is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (3);
       (2) by striking ``Defense.'' in paragraph (4) and inserting 
     ``Defense; or''; and
       (3) by adding at the end thereof the following:
       ``(5) on a reimbursable basis, for charter to the 
     government of any State, locality, or Territory of the United 
     States, except that the prior consent of the Secretary of 
     Defense for such use shall be required with respect to any 
     vessel in the Ready Reserve Force or in the National Defense 
     Reserve Fleet which is maintained in a retention status for 
     the Department of Defense.''.

     SEC. --105. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.

       Section 6(c)(1) of the National Maritime Heritage Act of 
     1994 (16 U.S.C. 5405(c)(1)) is amended--
       (1) by inserting ``(either by sale or purchase of disposal 
     services)'' after ``shall dispose''; and
       (2) by striking subparagraph (A) of paragraph (1) and 
     inserting the following:
       ``(A) in accordance with a priority system for disposing of 
     vessels, as determined by the Secretary, which shall include 
     provisions requiring the Maritime Administration to--
       ``(i) dispose of all deteriorated high priority ships that 
     are available for disposal, within 12 months of their 
     designation as such; and
       ``(ii) give priority to the disposition of those vessels 
     that pose the most significant danger to the environment or 
     cost the most to maintain;''.

     SEC. --106. VESSEL TRANSFER AUTHORITY.

       Section 50304 of title 46, United States Code, is amended 
     by adding at the end thereof the following:
       ``(d) Vessel Charters to Other Departments.--On a 
     reimbursable or nonreimbursable basis, as determined by the 
     Secretary of Transportation, the Secretary may charter or 
     otherwise make available a vessel under the jurisdiction of 
     the Secretary to any other department, upon the request by 
     the Secretary of the department that receives the vessel. The 
     prior consent of the Secretary of Defense for such use shall 
     be required with respect to any vessel in the Ready Reserve 
     Force or in the National Defense Reserve Fleet which is 
     maintained in a retention status for the Department of 
     Defense.''.

     SEC. --107. SEA TRIALS FOR READY RESERVE FORCE.

       Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946 
     (50 U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
       ``(B) activate and conduct sea trials on each vessel at 
     least once every 30 months;''.

     SEC. --108. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.

       (a) Plan.--Within 180 days after the date of enactment of 
     this Act, the Administrator of the Maritime Administration 
     shall develop a comprehensive plan for the review of 
     traditional applications and non-traditional applications.
       (b) Inclusions.--The comprehensive plan shall include a 
     description of the application review process that shall not 
     exceed 90 days for review of traditional applications.
       (c) Report to Congress.--The Administrator shall submit a 
     report describing the comprehensive plan to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Armed Forces.
       (d) Definitions.--In this section:
       (1) Nontraditional application.--The term ``nontraditional 
     application'' means an application for a loan, guarantee, or 
     a commitment to guarantee submitted pursuant to chapter 537 
     of title 46, United States Code, that is not a traditional 
     application, as determined by the Administrator.
       (2) Traditional application.--The term ``traditional 
     application'' means an application for a loan, guarantee, or 
     a commitment to guarantee submitted pursuant to chapter 537 
     of title 46, United States Code, that involves a market, 
     technology, and financial structure of a type that has been 
     approved in such an application multiple times before

[[Page S11870]]

     the date of enactment of this Act without default or 
     unreasonable risk to the United States, as determined by the 
     Administrator.

                    TITLE II--TECHNICAL CORRECTIONS

     SEC. --201. STATUTORY CONSTRUCTION.

       The amendments made by this title make no substantive 
     change in existing law and may not be construed as making a 
     substantive change in existing law.

     SEC. --202. PERSONAL INJURY TO OR DEATH OF SEAMEN.

       (a) Amendment.--Section 30104 of title 46, United States 
     Code, is amended by striking subsections (a) and (b) and 
     inserting the following:
       ``(a) Cause of Action.--A seaman injured in the course of 
     employment or, if the seaman dies from the injury, the 
     personal representative of the seaman may bring an action 
     against the employer. In such an action, the laws of the 
     United States regulating recovery for personal injury to, or 
     death of, a railway employee shall apply. Such an action may 
     be maintained in admiralty or, at the plaintiff's election, 
     as an action at law, with the right of trial by jury.
       ``(b) Venue.--When the plaintiff elects to maintain an 
     action at law, venue shall be in the judicial district in 
     which the employer resides or the employer's principal office 
     is located.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in the enactment of Public 
     Law 109-304.

     SEC. --203. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 
                   109-163.

       (a) Amendments.--Title 46, United States Code, is amended 
     as follows:
       (1) Section 53701 is amended by--
       (A) redesignating paragraphs (2) through (13) as paragraphs 
     (3) through (14), respectively;
       (B) inserting after paragraph (1) the following:
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the Maritime Administration.''; and
       (C) striking paragraph (13) (as redesignated) and inserting 
     the following:
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Commerce with respect to fishing vessels and fishery 
     facilities.''.
       (2) Section 53706(c) is amended to read as follows:
       ``(c) Priorities for Certain Vessels.--
       ``(1) Vessels.--In guaranteeing or making a commitment to 
     guarantee an obligation under this chapter, the Administrator 
     shall give priority to--
       ``(A) a vessel that is otherwise eligible for a guarantee 
     and is constructed with assistance under subtitle D of the 
     Maritime Security Act of 2003 (46 U.S.C. 53101 note); and
       ``(B) after applying subparagraph (A), a vessel that is 
     otherwise eligible for a guarantee and that the Secretary of 
     Defense determines--
       ``(i) is suitable for service as a naval auxiliary in time 
     of war or national emergency; and
       ``(ii) meets a shortfall in sealift capacity or capability.
       ``(2) Time for determination.--The Secretary of Defense 
     shall determine whether a vessel satisfies paragraph (1)(B) 
     not later than 30 days after receipt of a request from the 
     Administrator for such a determination.''.
       (3) Section 53707 is amended--
       (A) by inserting ``or Administrator'' in subsections (a) 
     and (d) after ``Secretary'' each place it appears;
       (B) by striking ``Secretary of Transportation'' in 
     subsection (b) and inserting ``Administrator'';
       (C) by striking ``of Commerce'' in subsection (c); and
       (D) in subsection (d)(2), by--
       (i) inserting ``if the Secretary or Administrator considers 
     necessary,'' before ``the waiver''; and
       (ii) striking ``the increased'' and inserting ``any 
     significant increase in''.
       (4) Section 53708 is amended--
       (A) by striking ``Secretary of Transportation'' in the 
     heading of subsection (a) and inserting ``Administrator'';
       (B) by striking ``Secretary'' and ``Secretary of 
     Transportation'' each place they appear in subsection (a) and 
     inserting ``Administrator'';
       (C) by striking ``of Commerce'' in the heading of 
     subsection (b);
       (D) by striking ``of Commerce'' in subsections (b) and (c);
       (E) in subsection (d), by--
       (i) inserting ``or Administrator'' after ``Secretary'' the 
     first place it appears; and
       (ii) striking ``financial structures, or other risk factors 
     identified by the Secretary. Any independent analysis 
     conducted under this subsection shall be performed by a party 
     chosen by the Secretary.'' and inserting ``or financial 
     structures. A third party independent analysis conducted 
     under this subsection shall be performed by a private sector 
     expert in assessing such risk factors who is selected by the 
     Secretary or Administrator.''; and
       (F) in subsection (e), by--
       (i) inserting ``or Administrator'' after ``Secretary'' the 
     first place it appears; and
       (ii) striking ``financial structures, or other risk factors 
     identified by the Secretary'' and inserting ``or financial 
     structures''.
       (5) Section 53710(b)(1) is amended by striking 
     ``Secretary's'' and inserting ``Administrator's''.
       (6) Section 53712(b) is amended by striking the last 
     sentence and inserting ``If the Secretary or Administrator 
     has waived a requirement under section 53707(d) of this 
     title, the loan agreement shall include requirements for 
     additional payments, collateral, or equity contributions to 
     meet the waived requirement upon the occurrence of verifiable 
     conditions indicating that the obligor's financial condition 
     enables the obligor to meet the waived requirement.''.
       (7) Subsections (c) and (d) of section 53717 are each 
     amended--
       (A) by striking ``of Commerce'' in the subsection heading; 
     and
       (B) by striking ``of Commerce'' each place it appears.
       (8) Section 53732(e)(2) is amended by inserting ``of 
     Defense'' after ``Secretary'' the second place it appears.
       (9) The following provisions are amended by striking 
     ``Secretary'' and ``Secretary of Transportation'' and 
     inserting ``Administrator'':
       (A) Section 53710(b)(2)(A)(i).
       (B) Section 53717(b) each place it appears in a heading and 
     in text.
       (C) Section 53718.
       (D) Section 53731 each place it appears, except where 
     ``Secretary'' is followed by ``of Energy''.
       (E) Section 53732 (as amended by paragraph (8)) each place 
     it appears, except where ``Secretary'' is followed by ``of 
     the Treasury'', ``of State'', or ``of Defense''.
       (F) Section 53733 each place it appears.
       (10) The following provisions are amended by inserting ``or 
     Administrator'' after ``Secretary'' each place it appears in 
     headings and text, except where ``Secretary'' is followed by 
     ``of Transportation'' or ``of the Treasury'':
       (A) The items relating to sections 53722 and 53723 in the 
     chapter analysis for chapter 537.
       (B) Sections 53701(1), (4), and (9) (as redesignated by 
     paragraph (1)(A)), 53702(a), 53703, 53704, 
     53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d), 
     53710(a) and (c), 53711, 53712 (except in the last sentence 
     of subsection (b) as amended by paragraph (6)), 53713 to 
     53716, 53721 to 53725, and 53734.
       (11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 
     53722(a)(1) and (b)(1)(B), and 53724(b) are amended by 
     inserting ``or Administrator's'' after ``Secretary's''.
       (b) Repeal of Superseded Amendments.--Section 3507 (except 
     subsection (c)(4)) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163) is repealed.

     SEC. --204. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-
                   163.

       (a) Amendments.--Title 46, United States Code, is amended 
     as follows:
       (1) Chapters 513 and 515 are amended by striking ``Naval 
     Reserve'' each place it appears in analyses, headings, and 
     text and inserting ``Navy Reserve''.
       (2) Section 51504(f) is amended to read as follows:
       ``(f) Fuel Costs.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary shall pay to each State 
     maritime academy the costs of fuel used by a vessel provided 
     under this section while used for training.
       ``(2) Maximum amounts.--The amount of the payment to a 
     State maritime academy under paragraph (1) may not exceed--
       ``(A) $100,000 for fiscal year 2006;
       ``(B) $200,000 for fiscal year 2007; and
       ``(C) $300,000 for fiscal year 2008 and each fiscal year 
     thereafter.''.
       (3) Section 51505(b)(2)(B) is amended by striking 
     ``$200,000'' and inserting ``$300,000 for fiscal year 2006, 
     $400,000 for fiscal year 2007, and $500,000 for fiscal year 
     2008 and each fiscal year thereafter''.
       (4) Section 51701(a) is amended by striking ``of the United 
     States.'' and inserting ``of the United States and to perform 
     functions to assist the United States merchant marine, as 
     determined necessary by the Secretary.''.
       (5)(A) Section 51907 is amended to read as follows:

     ``Sec. 51907. Provision of decorations, medals, and 
       replacements

       ``The Secretary of Transportation may provide--
       ``(1) the decorations and medals authorized by this chapter 
     and replacements for those decorations and medals; and
       ``(2) replacements for decorations and medals issued under 
     a prior law.''.
       (B) The item relating to section 51907 in the chapter 
     analysis for chapter 519 is amended to read as follows:

``51907. Provision of decorations, medals, and replacements.''.
       (6)(A) The following new chapter is inserted after chapter 
     539:

                      ``CHAPTER 541--MISCELLANEOUS

``Sec.
``54101. Assistance for small shipyards and maritime communities.''.

       (B) Section 3506 of the National Defense Authorization Act 
     for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred to 
     and redesignated as section 54101 of title 46, United States 
     Code, to appear at the end of chapter 541 of title 46, as 
     inserted by subparagraph (A).
       (C) The heading of such section, as transferred by 
     subparagraph (B), is amended to read as follows:

     ``Sec. 54101. Assistance for small shipyards and maritime 
       communities''.

       (D) Paragraph (1) of subsection (h) of such section, as 
     transferred by subparagraph (B), is amended by striking ``(15 
     U.S.C. 632);'' and inserting ``(15 U.S.C. 632));''.
       (E) The table of chapters at the beginning of subtitle V is 
     amended by inserting after

[[Page S11871]]

     the item relating to chapter 539 the following new item:

``541. Miscellaneous...........................................54101''.
       (b) Repeal of Superseded Amendments.--Sections 515(g)(2), 
     3502, 3509, and 3510 of the National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163) are repealed.

     SEC. --205. AMENDMENTS BASED ON PUBLIC LAW 109-171.

       (a) Amendments.--Section 60301 of title 46, United States 
     Code, is amended--
       (1) by striking ``2 cents per ton (but not more than a 
     total of 10 cents per ton per year)'' in subsection (a) and 
     inserting ``4.5 cents per ton, not to exceed a total of 22.5 
     cents per ton per year, for fiscal years 2006 through 2010, 
     and 2 cents per ton, not to exceed a total of 10 cents per 
     ton per year, for each fiscal year thereafter,''; and
       (2) by striking ``6 cents per ton (but not more than a 
     total of 30 cents per ton per year)'' in subsection (b) and 
     inserting ``13.5 cents per ton, not to exceed a total of 67.5 
     cents per ton per year, for fiscal years 2006 through 2010, 
     and 6 cents per ton, not to exceed a total of 30 cents per 
     ton per year, for each fiscal year thereafter,''.
       (b) Repeal of Superseded Amendments.--Section 4001 of the 
     Deficit Reduction Act of 2005 (Public Law 109-171) is 
     repealed.

     SEC. --206. AMENDMENTS BASED ON PUBLIC LAW 109-241.

       (a) Amendments.--Title 46, United States Code, is amended 
     as follows:
       (1) Section 12111 is amended by adding at the end the 
     following:
       ``(d) Activities Involving Mobile Offshore Drilling 
     Units.--
       ``(1) In general.--Only a vessel for which a certificate of 
     documentation with a registry endorsement is issued may 
     engage in--
       ``(A) the setting, relocation, or recovery of the anchors 
     or other mooring equipment of a mobile offshore drilling unit 
     that is located over the outer Continental Shelf (as defined 
     in section 2(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331(a))); or
       ``(B) the transportation of merchandise or personnel to or 
     from a point in the United States from or to a mobile 
     offshore drilling unit located over the outer Continental 
     Shelf that is not attached to the seabed.
       ``(2) Coastwise trade not authorized.--Nothing in paragraph 
     (1) authorizes the employment in the coastwise trade of a 
     vessel that does not meet the requirements of section 12112 
     of this title.''.
       (2) Section 12139(a) is amended by striking ``and 
     charterers'' and inserting ``charterers, and mortgagees''.
       (3) Section 51307 is amended--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking ``organizations.'' in paragraph (3) and 
     inserting ``organizations; and''; and
       (C) by adding at the end the following:
       ``(4) on any other vessel considered by the Secretary to be 
     necessary or appropriate or in the national interest.''.
       (4) Section 55105(b)(3) is amended by striking ``Secretary 
     of the department in which the Coast Guard is operating'' and 
     inserting ``Secretary of Homeland Security''.
       (5) Section 70306(a) is amended by striking ``Not later 
     than February 28 of each year, the Secretary shall submit a 
     report'' and inserting ``The Secretary shall submit an annual 
     report''.
       (6) Section 70502(d)(2) is amended to read as follows:
       ``(2) Response to claim of registry.--The response of a 
     foreign nation to a claim of registry under paragraph (1)(A) 
     or (C) may be made by radio, telephone, or similar oral or 
     electronic means, and is proved conclusively by certification 
     of the Secretary of State or the Secretary's designee.''.
       (b) Repeal of Superseded Amendments.--Sections 303, 307, 
     308, 310, 901(q), and 902(o) of the Coast Guard and Maritime 
     Transportation Act of 2006 (Public Law 109-241) are repealed.

     SEC. --207. AMENDMENTS BASED ON PUBLIC LAW 109-364.

       (a) Updating of Cross References.--Section 1017(b)(2) of 
     the John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364, 10 U.S.C. 2631 note) is 
     amended by striking ``section 27 of the Merchant Marine Act, 
     1920 (46 U.S.C. 883), section 12106 of title 46, United 
     States Code, and section 2 of the Shipping Act, 1916 (46 
     U.S.C. App. 802)'' and inserting ``sections 12112, 50501, and 
     55102 of title 46, United States Code''.
       (b) Section 51306(e).--
       (1) In general.--Section 51306 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(e) Alternative Service.--
       ``(1) Service as commissioned officer.--An individual who, 
     for the 5-year period following graduation from the Academy, 
     serves as a commissioned officer on active duty in an armed 
     force of the United States or as a commissioned officer of 
     the National Oceanic and Atmospheric Administration or the 
     Public Health Service shall be excused from the requirements 
     of paragraphs (3) through (5) of subsection (a).
       ``(2) Modification or waiver.--The Secretary may modify or 
     waive any of the terms and conditions set forth in subsection 
     (a) through the imposition of alternative service 
     requirements.''.
       (2) Application.--Section 51306(e) of title 46, United 
     States Code, as added by paragraph (1), applies only to an 
     individual who enrolls as a cadet at the United States 
     Merchant Marine Academy, and signs an agreement under section 
     51306(a) of title 46, after October 17, 2006.
       (c) Section 51306(f).--
       (1) In general.--Section 51306 of title 46, United States 
     Code, is further amended by adding at the end the following:
       ``(f) Service Obligation Performance Reporting 
     Requirement.--
       ``(1) In general.--Subject to any otherwise applicable 
     restrictions on disclosure in section 552a of title 5, the 
     Secretary of Defense, the Secretary of the department in 
     which the Coast Guard is operating, the Administrator of the 
     National Oceanic and Atmospheric Administration, and the 
     Surgeon General of the Public Health Service--
       ``(A) shall report the status of obligated service of an 
     individual graduate of the Academy upon request of the 
     Secretary; and
       ``(B) may, in their discretion, notify the Secretary of any 
     failure of the graduate to perform the graduate's duties, 
     either on active duty or in the Ready Reserve component of 
     their respective service, or as a commissioned officer of the 
     National Oceanic and Atmospheric Administration or the Public 
     Health Service, respectively.
       ``(2) Information to be provided.--A report or notice under 
     paragraph (1) shall identify any graduate determined to have 
     failed to comply with service obligation requirements and 
     provide all required information as to why such graduate 
     failed to comply.
       ``(3) Considered as in default.--Upon receipt of such a 
     report or notice, such graduate may be considered to be in 
     default of the graduate's service obligations by the 
     Secretary, and subject to all remedies the Secretary may have 
     with respect to such a default.''.
       (2) Application.--Section 51306(f) of title 46, United 
     States Code, as added by paragraph (1), does not apply with 
     respect to an agreement entered into under section 51306(a) 
     of title 46, United States Code, before October 17, 2006.
       (d) Section 51509(c).--Section 51509(c) of title 46, United 
     States Code, is amended--
       (1) by striking ``Midshipman and'' in the subsection 
     heading and ``midshipman and'' in the text; and
       (2) inserting ``or the Coast Guard Reserve'' after 
     ``Reserve)''.
       (e) Section 51908(a).--Section 51908(a) of title 46, United 
     States Code, is amended by striking ``under this chapter'' 
     and inserting ``by this chapter or the Secretary of 
     Transportation''.
       (f) Section 53105(e)(2).--Section 53105(e)(2) of title 46, 
     United States Code, is amended by striking ``section 2 of the 
     Shipping Act, 1916 (46 U.S.C. App. 802),'' and inserting 
     ``section 50501 of this title''.
       (g) Repeal of Superseded Amendments.--Sections 3505, 3506, 
     3508, and 3510(a) and (b) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     are repealed.

     SEC. --208. MISCELLANEOUS AMENDMENTS.

       (a) Deletion of Obsolete Reference to Canton Island.--
     Section 55101(b) of title 46, United States Code, is 
     amended--
       (1) by inserting ``or'' after the semicolon at the end of 
     paragraph (2);
       (2) by striking paragraph (3); and
       (3) by redesignating paragraph (4) as paragraph (3).
       (b) Improvement of Heading.--Title 46, United States Code, 
     is amended as follows:
       (1) The heading of section 55110 is amended by inserting 
     ``valueless material or'' before ``dredged material''.
       (2) The item for section 55110 in the analysis for chapter 
     551 is amended by inserting ``valueless material or'' before 
     ``dredged material''.
       (c) Oceanographic Research Vessels and Sailing School 
     Vessels.--
       (1) Section 10101(3) of title 46, United States Code, is 
     amended by inserting ``on an oceanographic research vessel'' 
     after ``scientific personnel''.
       (2) Section 50503 of title 46, United States Code, is 
     amended by striking ``An oceanographic research vessel'' and 
     all that follows and inserting the following:
       ``(a) Definitions.--In this section, the terms 
     `oceanographic research vessel' and `scientific personnel' 
     have the meaning given those terms in section 2101 of this 
     title.
       ``(b) Not Seamen.--Scientific personnel on an oceanographic 
     research vessel are deemed not to be seamen under part G of 
     subtitle II, section 30104, or chapter 303 of this title.
       ``(c) Not Engaged in Trade or Commerce.--An oceanographic 
     research vessel is deemed not to be engaged in trade or 
     commerce.''.
       (3) Section 50504(b)(1) of title 46, United States Code, is 
     amended by striking ``parts B, F, and G of subtitle II'' and 
     inserting ``part B, F, or G of subtitle II, section 30104, or 
     chapter 303''.

     SEC. --209. APPLICATION OF SUNSET PROVISION TO CODIFIED 
                   PROVISION.

       For purposes of section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 (Public Law 108-27, 26 
     U.S.C. 1 note), the amendment made by section 301(a)(2)(E) of 
     that Act shall be deemed to have been made to section 
     53511(f)(2) of title 46, United States Code.

     SEC. --210. ADDITIONAL TECHNICAL CORRECTIONS.

       (a) Amendments to Title 46.--Title 46, United States Code, 
     is amended as follows:
       (1) The analysis for chapter 21 is amended by striking the 
     item relating to section 2108.
       (2) Section 12113(g) is amended by inserting ``and'' after 
     ``Conservation''.

[[Page S11872]]

       (3) Section 12131 is amended by striking ``commmand'' and 
     inserting ``command''.
       (b) Amendments to Public Law 109-304.--
       (1) Amendments.--Public Law 109-304 is amended as follows:
       (A) Section 15(10) is amended by striking ``46 App. 
     U.S.C.'' and inserting ``46 U.S.C. App.''.
       (B) Section 15(30) is amended by striking ``Shipping Act, 
     1936'' and inserting ``Shipping Act, 1916''.
       (C) The schedule of Statutes at Large repealed in section 
     19, as it relates to the Act of June 29, 1936, is amended 
     by--
       (i) striking the second section ``1111'' (relating to 46 
     U.S.C. App. 1279f) and inserting section ``1113''; and
       (ii) striking the second section ``1112'' (relating to 46 
     U.S.C. App. 1279g) and inserting section ``1114''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall be effective as if included in the enactment of Public 
     Law 109-304.
       (c) Repeal of Duplicative or Unexecutable Amendments.--
       (1) Repeal.--Sections 9(a), 15(21) and (33)(A) through 
     (D)(i), and 16(c)(2) of Public Law 109-304 are repealed.
       (2) Intended effect.--The provisions repealed by paragraph 
     (1) shall be treated as if never enacted.
       (d) Large Passenger Vessel Crew Requirements.--Section 
     8103(k)(3)(C)(iv) of title 46, United States Code, is amended 
     by inserting ``and section 252 of the Immigration and 
     Nationality Act (8 U.S.C. 1282)'' after ``of such section''.
                                 ______
                                 
  SA 2958. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 2919 submitted by Mr. Durbin (for himself, Mr. Hagel, Mr. 
Lugar, and Mr. Hatch) 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 18, after line 19, add the following:

     SEC. 3313. EFFECTIVE DATE.

       This title shall not take effect until the date on which 
     the President certifies that the integrated entry and exit 
     data system required under section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), which was required to be implemented not 
     later than December 21, 2005, has been fully implemented and 
     is functioning at every land, sea, and air port of entry into 
     the United States.
                                 ______
                                 
  SA 2959. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle E of title X, add the following:

     SEC. 1070. HUBZONES.

       (a) In General.--Section 3(p)(4)(D) of the Small Business 
     Act (15 U.S.C. 632(p)(4)(D)) is amended--
       (1) by redesignating clauses (i), (ii), (iii), and (iv) as 
     subclauses (I), (II), (III), and (IV), respectively, and 
     adjusting the margin accordingly;
       (2) by striking ``means lands'' and inserting the following 
     ``means--
       ``(i) lands''; and
       (3) by striking the period at the end and inserting the 
     following: ``; and
       ``(ii) during the 5-year period beginning on the date that 
     a military installation is closed under an authority 
     described in clause (i), areas adjacent to or within a 
     reasonable commuting distance of lands described in clause 
     (i) that are directly economically affected by the closing of 
     that military installation, as determined by the Secretary of 
     Housing and Urban Development.''.
       (b) Feasibility Study.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary of Housing and 
     Urban Development shall conduct a study of the feasibility 
     of, and submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding, 
     designating as a HUBZone (as that term is defined in section 
     3 of the Small Business Act (15 U.S.C. 632), as amended by 
     this Act) any area that does not qualify as a HUBZone solely 
     because that area is located within a county located within a 
     metropolitan statistical area (as defined by the Office of 
     Management and Budget). The report submitted under this 
     subsection shall include any legislative recommendations 
     relating to the findings of the feasibility study conducted 
     under this subsection.
                                 ______
                                 
  SA 2960. Mr. KYL (for himself, Mr. Nelson of Florida, Mr. Sessions, 
and Mr. Thune) submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy to 
prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle C of title II, add the following:

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

       (a) Findings.--Congress makes the following findings:
       (1) United States space-based satellites provide automated 
     reconnaissance and mapping, aid weather prediction, track 
     fleet and troop movements, give accurate positions of United 
     States and enemy forces, and guide missiles and pilotless 
     planes to their targets during military operations.
       (2) United States access to space is dependent upon our 
     ability to defend our space assets.
       (3) China has an aggressive mission to gain space power, 
     and on January 17, 2007, China successfully conducted an 
     anti-satellite (ASAT) weapons test that successfully 
     destroyed an inactive Chinese weather satellite which the 
     resulting space debris generated threatens the space assets 
     of many nations.
       (4) Space-based weapons in the hands of hostile states 
     constitute an asymmetric capability designed to undermine 
     United States strengths.
       (5) Space-based assets have the potential to prevent 
     interference with United States satellites.
       (b) Policy.--It is the policy of the Untied States to 
     protect its military and civilian satellites and to research 
     all potential means of doing so.
                                 ______
                                 
  SA 2961. Mr. DOMENICI submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1031. NATIONAL GUARD SUPPORT FOR BORDER CONTROL 
                   ACTIVITIES.

       (a) Support Authorized.--
       (1) In general.--Chapter 1 of title 32, United States Code, 
     is amended by inserting after section 112 the following new 
     section:

     ``Sec. 112a. Border control activities

       ``(a) Funding Assistance.--The Secretary of Defense may 
     provide funds to the Governor of a State who submits to the 
     Secretary a State border control activities plan satisfying 
     the requirements of subsection (c). Such funds shall be used 
     for the following:
       ``(1) The pay, allowances, clothing, subsistence, 
     gratuities, travel, and related expenses, as authorized by 
     State law, of personnel of the National Guard of that State 
     used, while not in Federal service, for the purpose of border 
     control activities.
       ``(2) The operation and maintenance of the equipment and 
     facilities of the National Guard of that State used for the 
     purpose of border control activities.
       ``(3) The procurement of services and equipment, and the 
     leasing of equipment, for the National Guard of that State 
     used for the purpose of border control activities. However, 
     the use of such funds for the procurement of equipment may 
     not exceed $5,000 per item, unless approval for procurement 
     of equipment in excess of that amount is granted in advance 
     by the Secretary of Defense.
       ``(b) Use of Personnel Performing Full-Time National Guard 
     Duty.--(1) Under regulations prescribed by the Secretary of 
     Defense, personnel of the National Guard of a State may, in 
     accordance with the State border control activities plan 
     referred to in subsection (c), be ordered to perform full-
     time National Guard duty under section 502(f) of this title 
     for the purpose of carrying out border control activities.
       ``(2)(A) A member of the National Guard serving on full-
     time National Guard duty under orders authorized under 
     paragraph (1) shall participate in the training required 
     under section 502(a) of this title in addition to the duty 
     performed for the purpose authorized under that paragraph. 
     The pay, allowances, and other benefits of the member while 
     participating in the training shall be the same as those to 
     which the member is entitled while performing duty for the 
     purpose of carrying out border control activities. The member 
     is not entitled to additional pay, allowances, or other 
     benefits for participation in training required under section 
     502(a)(1) of this title.
       ``(B) Appropriations available for the Department of 
     Defense for homeland defense may be used for paying costs 
     associated with a member's participation in training 
     described in subparagraph (A). The appropriation shall be 
     reimbursed in full, out of appropriations available for 
     paying those costs,

[[Page S11873]]

     for the amounts paid. Appropriations available for paying 
     those costs shall be available for making the reimbursements.
       ``(C) To ensure that the use of units and personnel of the 
     National Guard of a State pursuant to a State border control 
     activities plan does not degrade the training and readiness 
     of such units and personnel, the following requirements shall 
     apply in determining the border control activities that units 
     and personnel of the National Guard of a State may perform:
       ``(i) The performance of the activities may not adversely 
     affect the quality of that training or otherwise interfere 
     with the ability of a member or unit of the National Guard to 
     perform the military functions of the member or unit.
       ``(ii) National Guard personnel will not degrade their 
     military skills as a result of performing the activities.
       ``(iii) The performance of the activities will not result 
     in a significant increase in the cost of training.
       ``(iv) In the case of border control activities performed 
     by a unit organized to serve as a unit, the activities will 
     support valid unit training requirements.
       ``(c) Plan Requirements.--A State border control activities 
     plan shall--
       ``(1) specify how personnel of the National Guard of that 
     State are to be used in border control activities in support 
     of the mission of the United States Customs and Border 
     Protection of the Department of Homeland Security;
       ``(2) certify that those operations are to be conducted at 
     a time when the personnel involved are not in Federal 
     service;
       ``(3) certify that participation by National Guard 
     personnel in those operations is service in addition to 
     training required under section 502 of this title;
       ``(4) certify that any engineer-type activities (as defined 
     by the Secretary of Defense) under the plan will be performed 
     only by units and members of the National Guard;
       ``(5) include a certification by the Attorney General of 
     the State (or, in the case of a State with no position of 
     Attorney General, a civilian official of the State equivalent 
     to a State attorney general) that the use of the National 
     Guard of the State for the activities proposed under the plan 
     is authorized by, and is consistent with, State law; and
       ``(6) certify that the Governor of the State or a civilian 
     law enforcement official of the State designated by the 
     Governor has determined that any activities included in the 
     plan that are carried out in conjunction with Federal law 
     enforcement agencies serve a State law enforcement purpose.
       ``(d) Examination of Plan.--Before funds are provided to 
     the Governor of a State under this section and before members 
     of the National Guard of that State are ordered to full-time 
     National Guard duty as authorized in subsection (b), the 
     Secretary of Defense shall, in consultation with the 
     Secretary of Homeland Security, examine the adequacy of the 
     plan submitted by the Governor under subsection (c). The plan 
     as approved by the Secretary of Defense may provide for the 
     use of personnel and equipment of the National Guard of that 
     State to assist the Immigration and Naturalization Service in 
     the transportation of aliens who have violated a Federal 
     immigration law.
       ``(e) End Strength Limitation.--(1) Except as provided in 
     paragraph (2), at the end of a fiscal year there may not be 
     more than 6,000 members of the National Guard--
       ``(A) on full-time National Guard duty under section 502(f) 
     of this title to perform border control activities pursuant 
     to an order to duty; or
       ``(B) on duty under State authority to perform border 
     control activities pursuant to an order to duty with State 
     pay and allowances being reimbursed with funds provided under 
     subsection (a)(1).
       ``(2) The Secretary of Defense may increase the end 
     strength authorized under paragraph (1) by not more than 20 
     percent for any fiscal year if the Secretary determines that 
     such an increase is necessary in the national security 
     interests of the United States.
       ``(f) Annual Report.--The Secretary of Defense shall submit 
     to Congress an annual report regarding assistance provided 
     and activities carried out under this section during the 
     preceding fiscal year. The report shall include the 
     following:
       ``(1) The number of members of the National Guard excluded 
     under subsection (e) from the computation of end strengths.
       ``(2) A description of the border control activities 
     conducted under State border control activities plans 
     referred to in subsection (c) with funds provided under this 
     section.
       ``(3) An accounting of the amount of funds provided to each 
     State.
       ``(4) A description of the effect on military training and 
     readiness of using units and personnel of the National Guard 
     to perform activities under the State border control 
     activities plans.
       ``(g) Statutory Construction.--Nothing in this section 
     shall be construed as a limitation on the authority of any 
     unit of the National Guard of a State, when such unit is not 
     in Federal service, to perform law enforcement functions 
     authorized to be performed by the National Guard by the laws 
     of the State concerned.
       ``(h) Definitions.--In this section:
       ``(1) The term `border control activities', with respect to 
     the National Guard of a State, means the use of National 
     Guard personnel in border control activities authorized by 
     the law of the State and requested by the Governor of the 
     State in support of the mission of the United States Customs 
     and Border Protection of the Department of Homeland Security, 
     including activities as follows:
       ``(A) Construction of roads, fences, and vehicle barriers.
       ``(B) Search and rescue operations.
       ``(C) Intelligence gathering, surveillance, and 
     reconnaissance.
       ``(D) Communications and information technology support.
       ``(E) Installation and operation of cameras.
       ``(F) Repair and maintenance of infrastructure.
       ``(G) Administrative support.
       ``(H) Aviation support, including maintenance.
       ``(I) Logistics support.
       ``(2) The term `Governor of a State' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       ``(3) The term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by inserting 
     after the item relating to section 112 the following new 
     item:

``112a. Border control activities.''.

       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007.
                                 ______
                                 
  SA 2962. Mrs. BOXER (for herself, Mr. Lieberman, and Mr. Obama) 
submitted an amendment intended to be proposed by her to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 175, between lines 10 and 11, insert the following:

     SEC. 703. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF 
                   DEFENSE MENTAL HEALTH TASK FORCE.

       (a) In General.--As soon as practicable, but not later than 
     May 31, 2008, the Secretary of Defense shall implement the 
     recommendations of the Department of Defense Task Force on 
     Mental Health developed pursuant to section 723 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3348) to ensure a full 
     continuum of psychological health services and care for 
     members of the Armed Forces and their families.
       (b) Implementation of Certain Recommendations.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary shall implement the following recommendations 
     of the Department of Defense Task Force on Mental Health:
       (1) The implementation of a comprehensive public education 
     campaign to reduce the stigma associated with mental health 
     problems.
       (2) The appointment of a psychological director of health 
     for each military department, each military treatment 
     facility, the National Guard, and the Reserve Component, and 
     the establishment of a psychological health council.
       (3) The establishment of a center of excellence for the 
     study of psychological health.
       (4) The enhancement of TRICARE benefits and care for mental 
     health problems.
       (5) The implementation of an annual psychological health 
     assessment addressing cognition, psychological functioning, 
     and overall psychological readiness for each member of the 
     Armed Forces, including members of the National Guard and 
     Reserve Component.
       (6) The development of a model for allocating resources to 
     military mental health facilities, and services embedded in 
     line units, based on an assessment of the needs of and risks 
     faced by the populations served by such facilities and 
     services.
       (7) The issuance of a policy directive to ensure that each 
     military department carefully assesses the history of 
     occupational exposure to conditions potentially resulting in 
     post-traumatic stress disorder, traumatic brain injury, or 
     related diagnoses in members of the Armed Forces facing 
     administrative or medical discharge.
       (8) The maintenance of adequate family support programs for 
     families of deployed members of the Armed Forces.
       (c) Recommendations Requiring Legislative Action.--Not 
     later than 60 days after the date of the enactment of this 
     Act, the Secretary shall submit to the congressional defense 
     committees a description of any legislative action required 
     to implement the recommendations of the Department of Defense 
     Mental Health Task Force.
       (d) Recommendations to Be Not Implemented.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary shall submit to the congressional defense 
     committees a description of any recommendations of the 
     Department of Defense Mental Health Task Force the Secretary 
     of Defense has determined not to implement.
       (e) Progress Reports Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every six months thereafter 
     until the

[[Page S11874]]

     date described in paragraph (2), the Secretary shall submit 
     to the congressional defense committees a report on the 
     status of the implementation of the recommendations of the 
     Department of Defense Mental Health Task Force.
       (2) Date described.--The date described in this paragraph 
     is the date on which all recommendations of the Department of 
     Defense Mental Health Task Force have been implemented other 
     than the recommendations the Secretary has determined 
     pursuant to subsection (d) not to implement.
                                 ______
                                 
  SA 2963. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XXVI, add the following:

     SEC. 2611. RELOCATION OF UNITS FROM ROBERTS UNITED STATES 
                   ARMY RESERVE CENTER AND NAVY-MARINE CORPS 
                   RESERVE CENTER, BATON ROUGE, LOUISIANA.

       For the purpose of siting an Army Reserve Center and Navy-
     Marine Corps Reserve Center for which funds are authorized to 
     be appropriated in this Act in Baton Rouge, Louisiana, the 
     Secretary of the Army may use land under the control of the 
     State of Louisiana adjacent to, or in the vicinity of the 
     Baton Rouge airport, Baton Rouge, Louisiana at a location 
     determined by the Secretary to be in the best interest of 
     national security and in the public interest.
                                 ______
                                 
  SA 2964. Mr. DURBIN 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. C-40 AIRCRAFT.

       (a) Additional Amount for Aircraft.--The amount authorized 
     to be appropriated by section 103(1) for procurement of 
     aircraft the Air Force is hereby increased by $85,000,000.
       (b) Availability.--Of the amount authorized to be 
     appropriated by section 103(1) for procurement of aircraft 
     for the Air Force, as increased by subsection (a), 
     $85,000,000 may be available for the procurement of one C-40 
     aircraft.
       (c) Offset.--The amount authorized to be appropriated by 
     section 102(a)(1) for procurement of aircraft for the Navy is 
     hereby reduced by $85,000,000, with the amount of the 
     reduction to be allocated as follows:
       (1) $69,000,000 to amounts available for procurement of UH-
     1Y/AH-1Z helicopters.
       (2) $16,000,000 to amounts available for procurement of E-
     2C aircraft.
                                 ______
                                 
  SA 2965. Mr. DURBIN 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. PLAN FOR POLITICAL AND ECONOMIC DEVELOPMENT IN 
                   AFGHANISTAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall jointly submit to Congress a comprehensive 
     5-year plan for United States support and assistance in the 
     political and economic development of Afghanistan.
       (b) Consultation.--In preparing the plan under subsection 
     (a), the Secretary of State and the Administrator of the 
     United States Agency for International Development shall 
     consult with, among others, the Secretary of Defense, the 
     Secretary of Agriculture, the Attorney General, the 
     Secretary-General of the United Nations, the NATO Secretary 
     General, and the heads of other international and 
     nongovernmental organizations dedicated to international 
     development.
                                 ______
                                 
  SA 2966. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1535. POLICY OF THE UNITED STATES ON A VOTE BY THE 
                   PARLIAMENT OF IRAQ ON THE UNITED STATES 
                   MILITARY MISSION IN IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Section 1314(d) of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act of 2007 (Public Law 110-28; 121 Stat. 125) 
     states that ``[t]he President of the United States, in 
     respecting the sovereign rights of the nation of Iraq, shall 
     direct the orderly redeployment of elements of U.S. forces 
     from Iraq, if the components of the Iraqi government, acting 
     in strict accordance with their respective powers given by 
     the Iraqi Constitution, reach a consensus as recited in a 
     resolution, directing a redeployment of U.S. forces''.
       (2) President George W. Bush stated on April 24, 2007, that 
     if the Government of Iraq ``said get out now, we're tired of 
     the coalition presence, U.S.'s presence is counterproductive, 
     we would leave''.
       (3) In May 2007, a majority of the members of the 
     Parliament of Iraq reportedly signed draft legislation 
     calling for a timetable for the withdrawal of United States 
     forces from Iraq.
       (b) Policy of the United States.--It shall be the policy of 
     the United States to request that the Prime Minister of Iraq 
     submit to the Parliament of Iraq a resolution stating that it 
     is in the interests of the people of Iraq to transition the 
     United States military mission in Iraq to (1) training, 
     equipping, and providing logistic support to the Iraqi 
     Security Forces, (2) engaging in targeted counterterrorism 
     operations against al Qaeda, al Qaeda-affiliated groups, and 
     other international terrorist organizations, and (3) 
     protecting United States and Coalition personnel and 
     infrastructure, and redeploy United States forces not 
     necessary to complete such missions by not later than nine 
     months after the date of the enactment of this Act.
                                 ______
                                 
  SA 2967. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1535. CONDITIONING OF UNITED STATES SUPPORT FOR 
                   GOVERNMENT OF IRAQ ON MEETING KEY POLITICAL 
                   BENCHMARKS.

       (a) Findings.--Congress makes the following findings:
       (1) On November 27, 2006, Prime Minister of Iraq Nuri al-
     Maliki stated that ``[t]he crisis is political, and the ones 
     who can stop the cycle of aggravation and bloodletting of 
     innocents are the politicians''.
       (2) On January 7, 2007, President George W. Bush stated in 
     a speech to the Nation that the purpose of sending more 
     troops to Iraq was to provide ``breathing space'' to the 
     Iraqis to achieve national reconciliation, and that ``America 
     will hold the Iraqi government to the benchmarks it has 
     announced''.
       (3) On September 4, 2007, the Government Accountability 
     Office reported that the Government of Iraq had met only one 
     of the eight legislative benchmarks necessary for political 
     reconciliation.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States strategy in Iraq should be conditioned on 
     the Government of Iraq meeting key political benchmarks, as 
     told to members of Congress by the President, the Secretary 
     of State, the Secretary of Defense, and the Chairman of the 
     Joint Chiefs of Staff, and reflected in the commitments of 
     the Government of Iraq to the United States and to the 
     international community, including--
       (1) forming a Constitutional Review Committee and then 
     completing the constitutional review;
       (2) enacting and implementing legislation on de-
     Ba'aathification;
       (3) enacting and implementing legislation to ensure the 
     equitable distribution of hydrocarbon resources of the people 
     of Iraq without regard to the sect or ethnicity of 
     recipients, and enacting and implementing legislation to 
     ensure that the energy resources of Iraq benefit Sunni Arabs, 
     Shia Arabs, Kurds, and other Iraqi citizens in an equitable 
     manner; and
       (4) enacting and implementing legislation establishing an 
     Independent High Electoral Commission, provincial elections 
     law, provincial council authorities, and a date for 
     provincial elections.
       (c) Comptroller General Report.--Not later than 90 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress an 
     independent report setting forth--
       (1) the status of the achievement by the Government of Iraq 
     of each of the benchmarks described in subsection (a)(3); and
       (2) the Comptroller General's assessment of whether or not 
     each benchmark has been met.

[[Page S11875]]

       (d) Withdrawal of Political Support.--If in the report 
     under subsection (c) the Comptroller General determines that 
     the Government of Iraq has not met each of the benchmarks 
     described in subsection (a)(3), the United States shall 
     immediately withdraw political support for the Government of 
     Iraq under Prime Minister Nuri al-Maliki and support efforts 
     by the Iraqi Parliament to form a new government.
                                 ______
                                 
  SA 2968. Mr. KERRY (for himself, Ms. Snowe, Mr. Hagel, Ms. Landrieu, 
Mr. Lieberman, and Ms. Cantwell) submitted an amendment intended to be 
proposed by him to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                  DIVISION D--VETERAN SMALL BUSINESSES

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Military Reservist and 
     Veteran Small Business Reauthorization and Opportunity Act of 
     2007''.

     SEC. 4002. DEFINITIONS.

       In this division--
       (1) the term ``activated'' means receiving an order placing 
     a Reservist on active duty;
       (2) the term ``active duty'' has the meaning given that 
     term in section 101 of title 10, United States Code;
       (3) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (4) the term ``Reservist'' means a member of a reserve 
     component of the Armed Forces, as described in section 10101 
     of title 10, United States Code;
       (5) the term ``Service Corps of Retired Executives'' means 
     the Service Corps of Retired Executives authorized by section 
     8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
       (6) the terms ``service-disabled veteran'' and ``small 
     business concern'' have the meaning as in section 3 of the 
     Small Business Act (15 U.S.C. 632);
       (7) the term ``small business development center'' means a 
     small business development center described in section 21 of 
     the Small Business Act (15 U.S.C. 648); and
       (8) the term ``women's business center'' means a women's 
     business center described in section 29 of the Small Business 
     Act (15 U.S.C. 656).

                TITLE XLI--VETERANS BUSINESS DEVELOPMENT

     SEC. 4101. INCREASED FUNDING FOR THE OFFICE OF VETERANS 
                   BUSINESS DEVELOPMENT.

       (a) In General.--There are authorized to be appropriated to 
     the Office of Veterans Business Development of the 
     Administration, to remain available until expended--
       (1) $2,100,000 for fiscal year 2008;
       (2) $2,300,000 for fiscal year 2009; and
       (3) $2,500,000 for fiscal year 2010.
       (b) Sense of Congress.--It is the sense of Congress that 
     any amounts provided pursuant to this section that are in 
     excess of amounts provided to the Administration for the 
     Office of Veterans Business Development in fiscal year 2007, 
     should be used to support Veterans Business Outreach Centers.

     SEC. 4102. INTERAGENCY TASK FORCE.

       Section 32 of the Small Business Act (15 U.S.C. 657b) is 
     amended by adding at the end the following:
       ``(d) Interagency Task Force.--
       ``(1) Establishment.--Not later than 90 days after the date 
     of enactment of this subsection, the President shall 
     establish an interagency task force to coordinate the efforts 
     of Federal agencies necessary to increase capital and 
     business development opportunities for, and increase the 
     award of Federal contracting and subcontracting opportunities 
     to, small business concerns owned and controlled by service-
     disabled veterans and small business concerns owned and 
     controlled by veterans (in this section referred to as the 
     `task force').
       ``(2) Membership.--The members of the task force shall 
     include--
       ``(A) the Administrator, who shall serve as chairperson of 
     the task force;
       ``(B) a representative from--
       ``(i) the Department of Veterans Affairs;
       ``(ii) the Department of Defense;
       ``(iii) the Administration (in addition to the 
     Administrator);
       ``(iv) the Department of Labor;
       ``(v) the Department of the Treasury;
       ``(vi) the General Services Administration; and
       ``(vii) the Office of Management and Budget; and
       ``(C) 4 representatives from a veterans service or military 
     organization, selected by the President.
       ``(3) Duties.--The task force shall coordinate 
     administrative and regulatory activities and develop 
     proposals relating to--
       ``(A) increasing capital access and capacity of small 
     business concerns owned and controlled by service-disabled 
     veterans and small business concerns owned and controlled by 
     veterans through loans, surety bonding, and franchising;
       ``(B) increasing access to Federal contracting and 
     subcontracting for small business concerns owned and 
     controlled by service-disabled veterans and small business 
     concerns owned and controlled by veterans through expanded 
     mentor-protege assistance and matching such small business 
     concerns with contracting opportunities;
       ``(C) increasing the integrity of certifications of status 
     as a small business concern owned and controlled by service-
     disabled veterans or a small business concern owned and 
     controlled by veterans;
       ``(D) reducing paperwork and administrative burdens on 
     veterans in accessing business development and 
     entrepreneurship opportunities; and
       ``(E) making other improvements relating to the support for 
     veterans business development by the Federal Government.
       ``(4) Reporting.--The task force shall submit an annual 
     report regarding its activities and proposals to--
       ``(A) the Committee on Small Business and Entrepreneurship 
     and the Committee on Veterans' Affairs of the Senate; and
       ``(B) the Committee on Small Business and the Committee on 
     Veterans' Affairs of the House of Representatives.''.

     SEC. 4103. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON 
                   VETERANS BUSINESS AFFAIRS.

       (a) Assumption of Duties.--Section 33 of the Small Business 
     Act (15 U.S.C. 657c) is amended--
       (1) by striking subsection (h); and
       (2) by redesignating subsections (i) through (k) as 
     subsections (h) through (j), respectively.
       (b) Permanent Extension of Authority.--Section 203 of the 
     Veterans Entrepreneurship and Small Business Development Act 
     of 1999 (15 U.S.C. 657b note) is amended by striking 
     subsection (h).

TITLE XLII--NATIONAL RESERVIST ENTERPRISE TRANSITION AND SUSTAINABILITY

     SEC. 4201. SHORT TITLE.

       This title may be cited as the ``National Reservist 
     Enterprise Transition and Sustainability Act of 2007''.

     SEC. 4202. PURPOSE.

       The purpose of this title is to establish a program to--
       (1) provide managerial, financial, planning, development, 
     technical, and regulatory assistance to small business 
     concerns owned and operated by Reservists;
       (2) provide managerial, financial, planning, development, 
     technical, and regulatory assistance to the temporary heads 
     of small business concerns owned and operated by Reservists;
       (3) create a partnership between the Small Business 
     Administration, the Department of Defense, and the Department 
     of Veterans Affairs to assist small business concerns owned 
     and operated by Reservists;
       (4) utilize the service delivery network of small business 
     development centers, women's business centers, Veterans 
     Business Outreach Centers, and centers operated by the 
     National Veterans Business Development Corporation to expand 
     the access of small business concerns owned and operated by 
     Reservists to programs providing business management, 
     development, financial, procurement, technical, regulatory, 
     and marketing assistance;
       (5) utilize the service delivery network of small business 
     development centers, women's business centers, Veterans 
     Business Outreach Centers, and centers operated by the 
     National Veterans Business Development Corporation to quickly 
     respond to an activation of Reservists that own and operate 
     small business concerns; and
       (6) utilize the service delivery network of small business 
     development centers, women's business centers, Veterans 
     Business Outreach Centers, and centers operated by the 
     National Veterans Business Development Corporation to assist 
     Reservists that own and operate small business concerns in 
     preparing for future military activations.

     SEC. 4203. NATIONAL GUARD AND RESERVE BUSINESS ASSISTANCE.

       (a) In General.--Section 21(a)(1) of the Small Business Act 
     (15 U.S.C. 648(a)(1)) is amended by inserting ``any small 
     business development center, women's business center, 
     Veterans Business Outreach Center, or center operated by the 
     National Veterans Business Development Corporation providing 
     enterprise transition and sustainability assistance to 
     Reservists under section 37,'' after ``any women's business 
     center operating pursuant to section 29,''.
       (b) Program.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended--
       (1) by redesignating section 37 (15 U.S.C. 631 note) as 
     section 38; and
       (2) by inserting after section 36 the following:

     ``SEC. 37. RESERVIST ENTERPRISE TRANSITION AND 
                   SUSTAINABILITY.

       ``(a) In General.--The Administrator shall establish a 
     program to provide business planning assistance to small 
     business concerns owned and operated by Reservists.
       ``(b) Definitions.--In this section--
       ``(1) the terms `activated' and `activation' mean having 
     received an order placing a Reservists on active duty, as 
     defined by section 101(1) of title 10, United States Code;
       ``(2) the term `Administrator' means the Administrator of 
     the Small Business Administration, acting through the 
     Associate Administrator for Small Business Development 
     Centers;
       ``(3) the term `Association' means the association 
     established under section 21(a)(3)(A);

[[Page S11876]]

       ``(4) the term `eligible applicant' means--
       ``(A) a small business development center that is 
     accredited under section 21(k);
       ``(B) a women's business center;
       ``(C) a Veterans Business Outreach Center that receives 
     funds from the Office of Veterans Business Development; or
       ``(D) an information and assistance center operated by the 
     National Veterans Business Development Corporation under 
     section 33;
       ``(5) the term `enterprise transition and sustainability 
     assistance' means assistance provided by an eligible 
     applicant to a small business concern owned and operated by a 
     Reservist, who has been activated or is likely to be 
     activated in the next 12 months, to develop and implement a 
     business strategy for the period while the owner is on active 
     duty and 6 months after the date of the return of the owner;
       ``(6) the term `Reservist' means any person who is--
       ``(A) a member of a reserve component of the Armed Forces, 
     as defined by section 10101 of title 10, United States Code; 
     and
       ``(B) on active status, as defined by section 101(d)(4) of 
     title 10, United States Code;
       ``(7) the term `small business development center' means a 
     small business development center as described in section 21 
     of the Small Business Act (15 U.S.C. 648);
       ``(8) the term `State' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, the Virgin Islands, American Samoa, and Guam; 
     and
       ``(9) the term `women's business center' means a women's 
     business center described in section 29 of the Small Business 
     Act (15 U.S.C. 656).
       ``(c) Authority.--The Administrator may award grants, in 
     accordance with the regulations developed under subsection 
     (d), to eligible applicants to assist small business concerns 
     owned and operated by Reservists by--
       ``(1) providing management, development, financing, 
     procurement, technical, regulatory, and marketing assistance;
       ``(2) providing access to information and resources, 
     including Federal and State business assistance programs;
       ``(3) distributing contact information provided by the 
     Department of Defense regarding activated Reservists to 
     corresponding State directors;
       ``(4) offering free, one-on-one, in-depth counseling 
     regarding management, development, financing, procurement, 
     regulations, and marketing;
       ``(5) assisting in developing a long-term plan for possible 
     future activation; and
       ``(6) providing enterprise transition and sustainability 
     assistance.
       ``(d) Rulemaking.--
       ``(1) In general.--The Administrator, in consultation with 
     the Association and after notice and an opportunity for 
     comment, shall promulgate regulations to carry out this 
     section.
       ``(2) Deadline.--The Administrator shall promulgate final 
     regulations not later than 180 days of the date of enactment 
     of the Military Reservist and Veteran Small Business 
     Reauthorization and Opportunity Act of 2007.
       ``(3) Contents.--The regulations developed by the 
     Administrator under this subsection shall establish--
       ``(A) procedures for identifying, in consultation with the 
     Secretary of Defense, States that have had a recent 
     activation of Reservists;
       ``(B) priorities for the types of assistance to be provided 
     under the program authorized by this section;
       ``(C) standards relating to educational, technical, and 
     support services to be provided by a grantee;
       ``(D) standards relating to any national service delivery 
     and support function to be provided by a grantee;
       ``(E) standards relating to any work plan that the 
     Administrator may require a grantee to develop; and
       ``(F) standards relating to the educational, technical, and 
     professional competency of any expert or other assistance 
     provider to whom a small business concern may be referred for 
     assistance by a grantee.
       ``(e) Application.--
       ``(1) In general.--Each eligible applicant desiring a grant 
     under this section shall submit an application to the 
     Administrator at such time, in such manner, and accompanied 
     by such information as the Administrator may reasonably 
     require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall describe--
       ``(A) the activities for which the applicant seeks 
     assistance under this section; and
       ``(B) how the applicant plans to allocate funds within its 
     network.
       ``(f) Award of Grants.--
       ``(1) Deadline.--The Administrator shall award grants not 
     later than 60 days after the promulgation of final rules and 
     regulations under subsection (d).
       ``(2) Amount.--Each eligible applicant awarded a grant 
     under this section shall receive a grant in an amount not 
     greater than $300,000 per fiscal year.
       ``(g) Report.--
       ``(1) In general.--The Comptroller General of the United 
     States shall--
       ``(A) initiate an evaluation of the program not later than 
     30 months after the disbursement of the first grant under 
     this section; and
       ``(B) submit a report not later than 6 months after the 
     initiation of the evaluation under paragraph (1) to--
       ``(i) the Administrator;
       ``(ii) the Committee on Small Business and Entrepreneurship 
     of the Senate; and
       ``(iii) the Committee on Small Business of the House of 
     Representatives.
       ``(2) Contents.--The report under paragraph (1) shall--
       ``(A) address the results of the evaluation conducted under 
     paragraph (1); and
       ``(B) recommend changes to law, if any, that it believes 
     would be necessary or advisable to achieve the goals of this 
     section.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $5,000,000 for the first fiscal year beginning after 
     the date of enactment of the Military Reservist and Veteran 
     Small Business Reauthorization and Opportunity Act of 2007; 
     and
       ``(B) $5,000,000 for each of the 3 fiscal years following 
     the fiscal year described in subparagraph (A).
       ``(2) Limitation on use of other funds.--The Administrator 
     may carry out the program authorized by this section only 
     with amounts appropriated in advance specifically to carry 
     out this section.''.

                    TITLE XLIII--RESERVIST PROGRAMS

     SEC. 4301. RESERVIST PROGRAMS.

       (a) Application Period.--Section 7(b)(3)(C) of the Small 
     Business Act (15 U.S.C. 636(b)(3)(C)) is amended by striking 
     ``90 days'' and inserting ``1 year''.
       (b) Pre-Consideration Process.--
       (1) Definition.--In this subsection, the term ``eligible 
     Reservist'' means a Reservist who--
       (A) has not been ordered to active duty;
       (B) expects to be ordered to active duty during a period of 
     military conflict; and
       (C) can reasonably demonstrate that the small business 
     concern for which that Reservist is a key employee will 
     suffer economic injury in the absence of that Reservist.
       (2) Establishment.--Not later than 6 months after the date 
     of enactment of this Act, the Administrator shall establish a 
     pre-consideration process, under which the Administrator--
       (A) may collect all relevant materials necessary for 
     processing a loan to a small business concern under section 
     7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) 
     before an eligible Reservist employed by that small business 
     concern is activated; and
       (B) shall distribute funds for any loan approved under 
     subparagraph (A) if that eligible Reservist is activated.
       (c) Outreach and Technical Assistance Program.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary of Veterans Affairs and the Secretary of 
     Defense, shall develop a comprehensive outreach and technical 
     assistance program (in this subsection referred to as the 
     ``program'') to--
       (A) market the loans available under section 7(b)(3) of the 
     Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and 
     family members of Reservists, that are on active duty and 
     that are not on active duty; and
       (B) provide technical assistance to a small business 
     concern applying for a loan under that section.
       (2) Components.--The program shall--
       (A) incorporate appropriate websites maintained by the 
     Administration, the Department of Veterans Affairs, and the 
     Department of Defense; and
       (B) require that information on the program is made 
     available to small business concerns directly through--
       (i) the district offices and resource partners of the 
     Administration, including small business development centers, 
     women's business centers, and the Service Corps of Retired 
     Executives; and
       (ii) other Federal agencies, including the Department of 
     Veterans Affairs and the Department of Defense.
       (3) Report.--
       (A) In general.--Not later than 6 months after the date of 
     enactment of this Act, and every 6 months thereafter until 
     the date that is 30 months after such date of enactment, the 
     Administrator shall submit to Congress a report on the status 
     of the program.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall include--
       (i) for the 6-month period ending on the date of that 
     report--

       (I) the number of loans approved under section 7(b)(3) of 
     the Small Business Act (15 U.S.C. 636(b)(3));
       (II) the number of loans disbursed under that section; and
       (III) the total amount disbursed under that section; and

       (ii) recommendations, if any, to make the program more 
     effective in serving small business concerns that employ 
     Reservists.

     SEC. 4302. RESERVIST LOANS.

       (a) In General.--Section 7(b)(3)(E) of the Small Business 
     Act (15 U.S.C. 636(b)(3)(E)) is amended by striking 
     ``$1,500,000'' each place such term appears and inserting 
     ``$2,000,000''.
       (b) Loan Information.--
       (1) In general.--The Administrator and the Secretary of 
     Defense shall develop a joint website and printed materials 
     providing information regarding any program for small 
     business concerns that is available to veterans or 
     Reservists.
       (2) Marketing.--The Administrator is authorized--
       (A) to advertise and promote the program under section 
     7(b)(3) of the Small Business

[[Page S11877]]

     Act jointly with the Secretary of Defense and veterans' 
     service organizations; and
       (B) to advertise and promote participation by lenders in 
     such program jointly with trade associations for banks or 
     other lending institutions.

     SEC. 4303. NONCOLLATERALIZED LOANS.

       Section 7(b)(3) of the Small Business Act (15 U.S.C. 
     636(b)(3)) is amended by adding at the end the following:
       ``(G)(i) Notwithstanding any other provision of law, the 
     Administrator may make a loan under this paragraph of not 
     more than $50,000 without collateral.
       ``(ii) The Administrator may defer payment of principal and 
     interest on a loan described in clause (i) during the longer 
     of--
       ``(I) the 1-year period beginning on the date of the 
     initial disbursement of the loan; and
       ``(II) the period during which the relevant essential 
     employee is on active duty.''.

     SEC. 4304. LOAN PRIORITY.

       Section 7(b)(3) of the Small Business Act (15 U.S.C. 
     636(b)(3)), as amended by this Act, is amended by adding at 
     the end the following:
       ``(H) The Administrator shall give priority to any 
     application for a loan under this paragraph and shall process 
     and make a determination regarding such applications prior to 
     processing or making a determination on other loan 
     applications under this subsection, on a rolling basis.''.

     SEC. 4305. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED 
                   SMALL BUSINESSES.

       Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) 
     is amended by adding at the end the following:
       ``(5) Relief from time limitations.--
       ``(A) In general.--Any time limitation on any 
     qualification, certification, or period of participation 
     imposed under this Act on any program available to small 
     business concerns shall be extended for a small business 
     concern that--
       ``(i) is owned and controlled by--

       ``(I) a veteran who was called or ordered to active duty 
     under a provision of law specified in section 101(a)(13)(B) 
     of title 10, United States Code, on or after September 11, 
     2001; or
       ``(II) a service-disabled veteran who became such a veteran 
     due to an injury or illness incurred or aggravated in the 
     active military, naval, or air service during a period of 
     active duty pursuant to a call or order to active duty under 
     a provision of law referred to in subclause (I) on or after 
     September 11, 2001; and

       ``(ii) was subject to the time limitation during such 
     period of active duty.
       ``(B) Duration.--Upon submission of proper documentation to 
     the Administrator, the extension of a time limitation under 
     subparagraph (A) shall be equal to the period of time that 
     such veteran who owned or controlled such a concern was on 
     active duty as described in that subparagraph.''.

     SEC. 4306. SERVICE-DISABLED VETERANS.

       Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report 
     describing--
       (1) the types of assistance needed by service-disabled 
     veterans who wish to become entrepreneurs; and
       (2) any resources that would assist such service-disabled 
     veterans.

     SEC. 4307. STUDY ON OPTIONS FOR PROMOTING POSITIVE WORKING 
                   RELATIONS BETWEEN EMPLOYERS AND THEIR RESERVE 
                   COMPONENT EMPLOYEES.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a study on options for promoting 
     positive working relations between employers and Reserve 
     component employees of such employers, including assessing 
     options for improving the time in which employers of 
     Reservists are notified of the call or order of such members 
     to active duty other than for training.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report on the study conducted under subsection (a).
       (2) Contents.--The report submitted under paragraph (1) 
     shall--
       (A) provide a quantitative and qualitative assessment of--
       (i) what measures, if any, are being taken to inform 
     Reservists of the obligations and responsibilities of such 
     members to their employers;
       (ii) how effective such measures have been; and
       (iii) whether there are additional measures that could be 
     taken to promote positive working relations between 
     Reservists and their employers, including any steps that 
     could be taken to ensure that employers are timely notified 
     of a call to active duty; and
       (B) assess whether there has been a reduction in the hiring 
     of Reservists by business concerns because of--
       (i) any increase in the use of Reservists after September 
     11, 2001; or
       (ii) any change in any policy of the Department of Defense 
     relating to Reservists after September 11, 2001.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Small Business and Entrepreneurship of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Small Business of the House of Representatives.

                  TITLE XLIV--OFFSET OF AUTHORIZATION

     SEC. 4401. OFFSET.

       Section 20 of the Small Business Act (15 U.S.C. 631 note) 
     is amended by inserting after subsection (e) the following:
       ``(f) Microloans.--For each of fiscal years 2008 through 
     2011, for the programs authorized by section 7(m), the 
     Administrator is authorized to make $42,000,000 in loans.''.
                                 ______
                                 
  SA 2969. Mr. KERRY (for himself, Mr Domenici, Mr. Hagel, Mr. Obama, 
and Mr. Tester) submitted an amendment intended to be proposed by him 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 703. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, 
                   MITIGATION, TREATMENT, AND REHABILITATION OF 
                   MILITARY EYE INJURIES.

       (a) Establishment.--
       (1) In general.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1105 the 
     following new section:

     ``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, 
       Mitigation, Treatment, and Rehabilitation of Military Eye 
       Injuries

       ``(a) In General.--The Secretary of Defense shall establish 
     within the Department of Defense a center of excellence in 
     the prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of military eye injuries to carry out the 
     responsibilities specified in subsection (c). The center 
     shall be known as a `Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of 
     Military Eye Injuries'.
       ``(b) Partnerships.--The Secretary shall ensure that the 
     Center collaborates to the maximum extent practicable with 
     the Department of Veterans Affairs, institutions of higher 
     education, and other appropriate public and private entities 
     (including international entities) to carry out the 
     responsibilities specified in subsection (c).
       ``(c) Responsibilities.--(1) The Center shall--
       ``(A) develop, implement, and oversee a registry of 
     information for the tracking of the diagnosis, surgical 
     intervention or other operative procedure, other treatment, 
     and follow up for each case of eye injury incurred by a 
     member of the armed forces in combat that requires surgery or 
     other operative intervention; and
       ``(B) ensure the electronic exchange with Secretary of 
     Veterans Affairs of information obtained through tracking 
     under subparagraph (A).
       ``(2) The registry under this subsection shall be known as 
     the `Military Eye Injury Registry'.
       ``(3) The Center shall develop the Registry in consultation 
     with the ophthalmological specialist personnel and optometric 
     specialist personnel of the Department of Defense. The 
     mechanisms and procedures of the Registry shall reflect 
     applicable expert research on military and other eye 
     injuries.
       ``(4) The mechanisms of the Registry for tracking under 
     paragraph (1)(A) shall ensure that each military medical 
     treatment facility or other medical facility shall submit to 
     the Center for inclusion in the Registry information on the 
     diagnosis, surgical intervention or other operative 
     procedure, other treatment, and follow up for each case of 
     eye injury described in that paragraph as follows (to the 
     extent applicable):
       ``(A) Not later than 72 hours after surgery or other 
     operative intervention.
       ``(B) Any clinical or other operative intervention done 
     within 30 days, 60 days, or 120 days after surgery or other 
     operative intervention as a result of a follow-up 
     examination.
       ``(C) Not later than 180 days after surgery or other 
     operative intervention.
       ``(5)(A) The Center shall provide notice to the Blind 
     Service or Low Vision Optometry Service, as applicable, of 
     the Department of Veterans Affairs on each member of the 
     armed forces described in subparagraph (B) for purposes of 
     ensuring the coordination of the provision of visual 
     rehabilitation benefits and services by the Department of 
     Veterans Affairs after the separation or release of such 
     member from the armed forces.
       ``(B) A member of the armed forces described in this 
     subparagraph is a member of the armed forces as follows:
       ``(i) A member with an eye injury incurred in combat who 
     has a visual acuity of \20/200\ or less in either eye.
       ``(ii) A member with an eye injury incurred in combat who 
     has a loss of peripheral vision of twenty degrees or less.
       ``(d) Utilization of Registry Information.--The Secretary 
     of Defense and the Secretary of Veterans Affairs shall 
     jointly ensure that information in the Military Eye Injury 
     Registry is available to appropriate ophthalmological and 
     optometric personnel of the Department of Veterans Affairs 
     for purposes of encouraging and facilitating the conduct of 
     research, and the development of best practices and clinical 
     education, on eye

[[Page S11878]]

     injuries incurred by members of the armed forces in 
     combat.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1105 the following new 
     item:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, 
              Treatment, and Rehabilitation of Military Eye 
              Injuries.''.
       (b) Inclusion of Records of OIF/OEF Veterans.--The 
     Secretary of Defense shall take appropriate actions to 
     include in the Military Eye Injury Registry established under 
     section 1105a of title 10, United States Code (as added by 
     subsection (a)), such records of members of the Armed Forces 
     who incurred an eye injury in combat in Operation Iraqi 
     Freedom or Operation Enduring Freedom before the 
     establishment of the Registry as the Secretary considers 
     appropriate for purposes of the Registry.
       (c) Report on Establishment.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report on the status of the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Military Eye Injuries under section 
     1105a of title 10, United States Code (as so added), 
     including the progress made in established the Military Eye 
     Injury Registry required under that section.
       (d) Traumatic Brain Injury Post Traumatic Visual 
     Syndrome.--In carrying out the program at Walter Reed Army 
     Medical Center, District of Columbia, on Traumatic Brain 
     Injury Post Traumatic Visual Syndrome, the Secretary of 
     Defense and the Department of Veterans Affairs shall jointly 
     provide for the conduct of a cooperative study on neuro-
     optometric screening and diagnosis of members of the Armed 
     Forces with Traumatic Brain Injury by military medical 
     treatment facilities of the Department of Defense and medical 
     centers of the Department of Veterans Affairs selected for 
     purposes of this subsection for purposes of vision screening, 
     diagnosis, rehabilitative management, and vision research on 
     visual dysfunction related to Traumatic Brain Injury.
       (e) Funding.--Of the amounts available for Defense Health 
     Program, $5,000,000 may be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Military Eye Injuries under section 
     1105a of title 10, United States Code (as so added).
                                 ______
                                 
  SA 2970. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

     SEC. __. CONDITIONING OF UNITED STATES STRATEGY IN IRAQ TO 
                   IRAQ GOVERNMENT'S MEETING OF POLITICAL 
                   BENCHMARKS.

       (a) Political Benchmarks.--The United States strategy in 
     Iraq shall be conditioned on the government of Iraq meeting 
     four political benchmarks, as told to members of Congress by 
     the President, the Secretary of State, the Secretary of 
     Defense, and the Chairman of the Joint Chiefs of Staff, and 
     reflected in the government of Iraq's commitments to the 
     United States, and to the international community, including:
       (1) Forming a Constitutional Review Committee and then 
     completing the constitutional review.
       (2) Enacting and implementing legislation on de-
     Ba'aathification.
       (3) Enacting and implementing legislation to ensure the 
     equitable distribution of hydrocarbon resources of the people 
     of Iraq without regard to the sect or ethnicity of 
     recipients, and enacting and implementing legislation to 
     ensure that the energy resources of Iraq benefit Sunni Arabs, 
     Shia Arabs, Kurds, and other Iraqi citizens in an equitable 
     manner.
       (4) Enacting and implementing legislation establishing an 
     Independent High Electoral Commission, provincial elections 
     law, provincial council authorities, and a date for 
     provincial elections.
       (b) Independent Assessment.--Not later than 90 days after 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress an independent report 
     setting forth:
       (1) the status of the achievement of the benchmarks 
     described in subsection (a).
       (2) the Comptroller General's assessment of whether or not 
     each benchmark has been met.
       (c) Limited Presence After Reduction and Transition.--If 
     the Comptroller General's report finds that the government of 
     Iraq has not met each of the benchmarks described in 
     subsection (a), the mission of the United States military 
     forces shall immediately be transitioned to (1) protecting 
     United States and Coalition personnel and infrastructure, (2) 
     training, equipping, and providing logistic support to the 
     Iraqi Security Forces, (3) securing Iraq's borders in order 
     to deter intervention and infiltration by Iranian and other 
     foreign forces, and (4) engaging in targeted counterterrorism 
     operations against al Qaeda, al Qaeda affiliated groups, and 
     other international terrorist organizations, and all U.S. 
     forces not necessary to complete such missions shall be 
     redeployed from Iraq not later than twelve months after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 2971. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1070. SENSE OF SENATE ON AIR FORCE USE OF TOWBARLESS 
                   AIRCRAFT GROUND EQUIPMENT.

       (a) Findings.--The Senate makes the following findings:
       (1) The Air Force is currently evaluating the use of 
     towbarless aircraft ground support equipment, including 
     revision of regulations to allow for the use of towbarless 
     vehicles on jet and cargo aircraft.
       (2) The use of aircraft ground support equipment has the 
     potential to allow for safer and labor reducing towing of jet 
     and cargo aircraft.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of the Air Force should modify regulations 
     as appropriate to allow for the use of towbarless aircraft 
     ground support equipment, which promotes safety and reduces 
     labor.
                                 ______
                                 
  SA 2972. Mr. MENENDEZ (for himself, Mr. Lautenberg, Mr. Harkin, and 
Mr. Grassley) submitted an amendment intended to be proposed by him to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2842. LIMITATION ON COST GROWTH ASSOCIATED WITH 2005 
                   ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

       The Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     is amended by adding at the end the following new section:

     ``SEC. 2915. LIMITATION ON COST GROWTH APPLICABLE TO CLOSURES 
                   AND REALIGNMENTS UNDER 2005 ROUND.

       ``(a) Semiannual Report on Implementation Costs.--
       ``(1) In general.--Not later than October 7, 2007, and 
     every 180 days thereafter, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the costs of implementing the recommendations of the 
     Commission contained in the report transmitted to Congress on 
     September 15, 2005, under section 2903(e) that relate to 
     closures and realignments that have not been fully 
     implemented.
       ``(2) Estimates required.--Each report submitted under 
     paragraph (1) shall include, for each individual recommended 
     base closure or realignment--
       ``(A) the baseline estimate of one-time implementation 
     costs; and
       ``(B) the current estimate of one-time implementation 
     costs, including any increase attributable to actual or 
     anticipated costs due to inflation.
       ``(b) Special Procedures Required To Address Certain Cost 
     Increases.--
       ``(1) Notification requirement.--In the event that the 
     Secretary of Defense determines, based on a report prepared 
     under subsection (a), that the current estimate of one-time 
     implementation costs for an individual base closure or 
     realignment is at least 25 percent greater than the baseline 
     estimate of one-time implementation costs for such closure or 
     realignment (in this section referred to as a `substantially 
     over budget base closure or realignment'), the Secretary 
     shall promptly provide notification of such determination, 
     including the amount of the expected increase and the date 
     the determination was made, to the chairman and ranking 
     member of each of the congressional defense committees.
       ``(2) Business plan to control costs.--The Secretary of 
     Defense shall develop a business plan to reduce the costs of 
     any individual substantially over budget base closure or 
     realignment to a level less than 25 percent greater than the 
     baseline estimate for such closure or realignment.
       ``(c) Implementation of Substantially Over Budget Base 
     Closures and Realignments.--
       ``(1) Recommendations.--Not later than 45 days after an 
     individual base closure or realignment is identified in a 
     report required under subsection (a) as a substantially over 
     budget base closure or realignment, the Secretary of Defense 
     shall submit to the President a recommendation regarding 
     whether to continue implementation of such closure or 
     realignment.

[[Page S11879]]

       ``(2) Justification required.--In the event the Secretary 
     recommends that an individual substantially over budget base 
     closure or realignment should continue to be implemented 
     despite the excessive cost overruns, the Secretary shall 
     include the justification for continuing such closure or 
     realignment.
       ``(3) Report to congress.--Not later than 30 days after 
     receiving a recommendation regarding whether to continue 
     implementation of an individual substantially over budget 
     base closure or realignment under paragraph (1), the 
     President shall submit to Congress a report including the 
     recommendation of the President regarding the implementation 
     of such closure or realignment.
       ``(4) Congressional disapproval.--
       ``(A) In general.--The Secretary of Defense may not 
     continue or discontinue the implementation of an individual 
     substantially over budget base closure or realignment 
     recommended by the President under paragraph (3) if a joint 
     resolution is enacted, in accordance with the provisions of 
     subsection (d), disapproving such recommendation of the 
     President before the earlier of--
       ``(i) the end of the 45-day period beginning on the date on 
     which the President submits to Congress a report under 
     paragraph (3) that includes a recommendation regarding the 
     implementation of an individual substantially over budget 
     base closure or realignment; or
       ``(ii) the adjournment of Congress sine die for the session 
     during which such report is submitted.
       ``(B) Computation of period.--For purposes of subparagraph 
     (A) of this paragraph and paragraphs (1) and (2) of 
     subsection (d), the days on which either House of Congress is 
     not in session because of an adjournment of more than three 
     days to a day certain shall be excluded in the computation of 
     a period.
       ``(d) Congressional Consideration of Recommendation 
     Regarding Implementation of Substantially Over Budget Base 
     Closures or Realignment.--
       ``(1) Terms of the resolution.--For purposes of subsection 
     (c)(4), the term `joint resolution' means only a joint 
     resolution which is introduced within the 10-day period 
     beginning on the date on which the President submits to 
     Congress a report under subsection (c)(3) that includes a 
     recommendation regarding the implementation of a 
     substantially over budget base closure or realignment, and--
       ``(A) which does not have a preamble;
       ``(B) the matter after the resolving clause of which is as 
     follows: `That Congress disapproves the recommendation of the 
     President on ______ with respect to ______', the blank spaces 
     being filled in with the appropriate date and the name of a 
     military installation or other information that identifies 
     the individual closure or realignment, respectively; and
       ``(C) the title of which is as follows: `Joint resolution 
     disapproving the recommendation of the President regarding 
     implementation of a substantially over budget base closure or 
     realignment.'.
       ``(2) Referral.--A resolution described in paragraph (1) 
     that is introduced in the House of Representatives shall be 
     referred to the Committee on Armed Services of the House of 
     Representatives. A resolution described in paragraph (1) 
     introduced in the Senate shall be referred to the Committee 
     on Armed Services of the Senate.
       ``(3) Discharge.--If the committee to which a resolution 
     described in paragraph (1) is referred has not reported such 
     resolution (or an identical resolution) by the end of the 20-
     day period beginning on the date on which the President 
     submits to Congress a report under subsection (c)(3) that 
     includes a recommendation regarding the implementation of a 
     substantially over budget base closure or realignment, such 
     committee shall be, at the end of such period, discharged 
     from further consideration of such resolution, and such 
     resolution shall be placed on the appropriate calendar of the 
     House involved.
       ``(4) Consideration.--
       ``(A) In general.--On or after the third day after the date 
     on which the committee to which such a resolution is referred 
     has reported, or has been discharged (under paragraph (3)) 
     from further consideration of, such a resolution, it is in 
     order (even though a previous motion to the same effect has 
     been disagreed to) for any Member of the respective House to 
     move to proceed to the consideration of the resolution. A 
     Member may make the motion only on the day after the calendar 
     day on which the Member announces to the House concerned the 
     Member's intention to make the motion, except that, in the 
     case of the House of Representatives, the motion may be made 
     without such prior announcement if the motion is made by 
     direction of the committee to which the resolution was 
     referred. All points of order against the resolution (and 
     against consideration of the resolution) are waived. The 
     motion is highly privileged in the House of Representatives 
     and is privileged in the Senate and is not debatable. The 
     motion is not subject to amendment, or to a motion to 
     postpone, or to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion is agreed to or disagreed to shall not be in order. If 
     a motion to proceed to the consideration of the resolution is 
     agreed to, the respective House shall immediately proceed to 
     consideration of the joint resolution without intervening 
     motion, order, or other business, and the resolution shall 
     remain the unfinished business of the respective House until 
     disposed of.
       ``(B) Debate.--Debate on the resolution, and on all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 2 hours, which shall be divided 
     equally between those favoring and those opposing the 
     resolution. An amendment to the resolution is not in order. A 
     motion further to limit debate is in order and not debatable. 
     A motion to postpone, or a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     resolution is not in order. A motion to reconsider the vote 
     by which the resolution is agreed to or disagreed to is not 
     in order.
       ``(C) Vote on final passage.--Immediately following the 
     conclusion of the debate on a resolution described in 
     paragraph (1) and a single quorum call at the conclusion of 
     the debate if requested in accordance with the rules of the 
     appropriate House, the vote on final passage of the 
     resolution shall occur.
       ``(D) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution described in paragraph (1) 
     shall be decided without debate.
       ``(5) Consideration by other house.--
       ``(A) Procedures.--If, before the passage by one House of a 
     resolution of that House described in paragraph (1), that 
     House receives from the other House a resolution described in 
     paragraph (1), then the following procedures shall apply:
       ``(i) The resolution of the other House shall not be 
     referred to a committee and may not be considered in the 
     House receiving it except in the case of final passage as 
     provided in clause (ii)(II).
       ``(ii) With respect to a resolution described in paragraph 
     (1) of the House receiving the resolution--

       ``(I) the procedure in that House shall be the same as if 
     no resolution had been received from the other House; but
       ``(II) the vote on final passage shall be on the resolution 
     of the other House.

       ``(B) Disposition.--Upon disposition of the resolution 
     received from the other House, it shall no longer be in order 
     to consider the resolution that originated in the receiving 
     House.
       ``(6) Rules of the senate and house.--This section is 
     enacted by Congress--
       ``(A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     paragraph (1), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(e) Baseline Estimate of One-Time Implementation Costs 
     Defined.--In this section, the term `baseline estimate of 
     one-time implementation costs' means the applicable cost set 
     forth in the Cost of Base Realignment Actions (COBRA) report 
     used and released by the Secretary of Defense at the time the 
     Secretary published in the Federal Register and transmitted 
     to the congressional defense committees and the Commission 
     the initial list of recommendations for closure or 
     realignment of military installations under section 2914(a).
       ``(f) Applicability.--The reporting, notification, and 
     other requirements of this section do not apply to base 
     closures and realignments involving the establishment or 
     consolidation of a joint base.''.
                                 ______
                                 
  SA 2973. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) The Army National Guard and Air National Guard have 
     played an increasing role in homeland security and a critical 
     role in Operation Iraqi Freedom and Operation Enduring 
     Freedom.
       (2) As a result of persistent underfunding of procurement, 
     lower prioritization, and more recently the wars in 
     Afghanistan and Iraq, the Army National Guard and Air 
     National Guard face significant equipment shortfalls.
       (3) The National Guard Bureau, in its February 26, 2007, 
     report entitled ``National Guard Equipment Requirements'', 
     outlines the ``Essential 10'' equipment needs to support the 
     Army National Guard and Air National Guard in the performance 
     of their domestic missions.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Army National Guard and

[[Page S11880]]

     Air National Guard should have sufficient equipment available 
     to accomplish their missions inside the United States and to 
     protect the homeland.
                                 ______
                                 
  SA 2974. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 143. SENSE OF CONGRESS ON THE AIR FORCE STRATEGY FOR THE 
                   REPLACEMENT OF THE AERIAL REFUELING TANKER 
                   AIRCRAFT FLEET.

       It is the sense of Congress that--
       (1) the timely modernization of the Air Force aerial 
     refueling tanker fleet is a vital national security priority; 
     and
       (2) in furtherance of meeting this priority, the Secretary 
     of the Air Force has initiated, and Congress approves of, a 
     comprehensive strategy for replacing the aerial refueling 
     tanker aircraft fleet, which includes the following elements:
       (A) Replacement of the aging tanker aircraft fleet with 
     newer and improved capabilities under the KC-X program of 
     record which supports the tanker replacement strategy, 
     through the purchase of new commercial derivative aircraft.
       (B) Sustainment and extension of the legacy tanker aircraft 
     fleet until replacement through depot-type modifications and 
     upgrades of KC-135 aircraft and KC-10 aircraft.
       (C) Augmentation of the aerial refueling capability through 
     aerial refueling Fee-for-Service.
                                 ______
                                 
  SA 2975. Mr. GRAHAM (for himself and Mr. Kerry) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place insert:
       The Secretary of Defense shall report with in 60 days of 
     enactment of this Act to House Armed Services Committee and 
     the Senate Armed Services Committee on the status of 
     implementing section 552 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (P.L. 109-364) related 
     to the application of the Uniform Code of Military Justice to 
     military contractors during a time of war or a contingency 
     operation.
                                 ______
                                 
  SA 2976. Mr. COBURN 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:

     SEC. (__). COMPETITION FOR THE PROCUREMENT OF INDIVIDUAL 
                   WEAPONS.

       (a) Service Certification.--Not later than March 1, 2008 
     each military service shall certify new requirements for 
     individual weapons that take into account lessons learned 
     from combat operations.
       (b) Joint Requirements Oversight Council (JROC) 
     Certification.--Not later than June I, 2008 the JROC shall 
     certify individual weapon calibers that best satisfy the 
     requirements described in (a).
       (b) Competition Required.--Each military service shall 
     rapidly conduct full and open competitions for procurements 
     to fulfill the requirements described in (a) and (b).
       (c) Procurements Covered.--This section applies to the 
     procurement of individual weapons less than .50 caliber (to 
     include shotguns).
                                 ______
                                 
  SA 2977. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Authority To Provide Allowances.--
       (1) Authority.--In order to recruit and retain highly 
     qualified Department of Defense physicians and Department of 
     Defense health care professionals, the Secretary of Defense 
     may, subject to the provisions of this section, enter into a 
     service agreement with a current or new Department of Defense 
     physician or a Department of Defense health care professional 
     which provides for such physician or health care professional 
     to complete a specified period of service in the Department 
     of Defense in return for an allowance for the duration of 
     such agreement in an amount to be determined by the Secretary 
     and specified in the agreement, but not to exceed--
       (A) in the case of a Department of Defense physician--
       (i) $25,000 per annum if, at the time the agreement is 
     entered into, the Department of Defense physician has served 
     as a Department of Defense physician for 24 months or less; 
     or
       (ii) $40,000 per annum if the Department of Defense 
     physician has served as a Department of Defense physician for 
     more than 24 months; and
       (B) in the case of a Department of Defense health care 
     professional--
       (i) an amount up to $5,000 per annum if, at the time the 
     agreement is entered into, the Department of Defense health 
     care professional has served as a Department of Defense 
     health care professional for less than 10 years;
       (ii) an amount up to $10,000 per annum if, at the time the 
     agreement is entered into, the Department of Defense health 
     care professional has served as a Department of Defense 
     health care professional for at least 10 years but less than 
     18 years; or
       (iii) an amount up to $15,000 per annum if, at the time the 
     agreement is entered into, the Department of Defense health 
     care professional has served as a Department of Defense 
     health care professional for 18 years or more.
       (2) Treatment of certain service.--(A) For the purpose of 
     determining length of service as a Department of Defense 
     physician, service as a physician under section 4104 or 4114 
     of title 38, United States Code, or active service as a 
     medical officer in the commissioned corps of the Public 
     Health Service under title II of the Public Health Service 
     Act (42 U.S.C. 202 et seq.) shall be deemed service as a 
     Department of Defense physician.
       (B) For the purpose of determining length of service as a 
     Department of Defense health care professional, service as a 
     nonphysician health care provider, psychologist, or social 
     worker while serving as an officer described under section 
     302c(d)(1) of title 37, United States Code, shall be deemed 
     service as a Department of Defense health care professional.
       (b) Certain Physicians and Professionals Ineligible.--An 
     allowance may not be paid under this section to any physician 
     or health care professional who--
       (1) is employed on less than a half-time or intermittent 
     basis;
       (2) occupies an internship or residency training position; 
     or
       (3) is fulfilling a scholarship obligation.
       (c) Covered Categories of Positions.--The Secretary of 
     Defense shall determine categories of positions applicable to 
     physicians and health care professionals within the 
     Department of Defense with respect to which there is a 
     significant recruitment and retention problem for purposes of 
     this section. Only physicians and health care professionals 
     serving in such positions shall be eligible for an allowance 
     under this section. The amounts of each such allowance shall 
     be determined by the Secretary, and shall be the minimum 
     amount necessary to deal with the recruitment and retention 
     problem for each such category of physicians and health care 
     professionals.
       (d) Period of Service.--Any agreement entered into by a 
     physician or health care professional under this section 
     shall be for a period of service in the Department of Defense 
     specified in such agreement, which period may not be less 
     than one year of service or exceed four years of service.
       (e) Repayment.--Unless otherwise provided for in the 
     agreement under subsection (f), an agreement under this 
     section shall provide that the physician or health care 
     professional, in the event that such physician or health care 
     professional voluntarily, or because of misconduct, fails to 
     complete at least one year of service under such agreement, 
     shall be required to refund the total amount received under 
     this section unless the Secretary of Defense determines that 
     such failure is necessitated by circumstances beyond the 
     control of the physician or health care professional.
       (f) Termination of Agreement.--Any agreement under this 
     section shall specify the terms under which the Secretary of 
     Defense and the physician or health care professional may 
     elect to terminate such agreement, and the amounts, if any, 
     required to be refunded by the physician or health care 
     professional for each reason for termination.
       (g) Construction With Other Authorities.--
       (1) Allowance not treatable as basic pay.--An allowance 
     paid under this section shall not be considered as basic pay 
     for the purposes of subchapter VI and section 5595 of chapter 
     55 of title 5, United States Code, chapter 81 or 87 of such 
     title, or other benefits related to basic pay.
       (2) Payment.--Any allowance under this section for a 
     Department of Defense physician or Department of Defense 
     health care professional shall be paid in the same manner and 
     at the same time as the basic pay of

[[Page S11881]]

     the physician or health care professional is paid.
       (3) Construction with certain authority.--The authority to 
     pay allowances under this section may not be exercised 
     together with the authority in section 5948 of title 5, 
     United States Code.
       (h) Annual Report.--
       (1) Annual report.--Not later than June 30 each year, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a written report on the operation of 
     this section during the preceding year. Each report shall 
     include--
       (A) with respect to the year covered by such report, 
     information as to--
       (i) the nature and extent of the recruitment or retention 
     problems justifying the use by the Department of Defense of 
     the authority under this section;
       (ii) the number of physicians and health care professionals 
     with whom agreements were entered into by the Department of 
     Defense;
       (iii) the size of the allowances and the duration of the 
     agreements entered into; and
       (iv) the degree to which the recruitment or retention 
     problems referred to in clause (i) were alleviated under this 
     section; and
       (B) such recommendations as the Secretary considers 
     appropriate for actions (including legislative actions) to 
     improve or enhance the authorities in this section to achieve 
     the purpose specified in subsection (a)(1).
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committees on Armed Services and Homeland Security 
     and Governmental Affairs of the Senate; and
       (B) the Committees on Armed Services and Homeland Security 
     of the House of Representatives.
       (i) Definitions.--In this section:
       (1) The term ``Department of Defense health care 
     professional'' means any individual employed by the 
     Department of Defense who is a qualified health care 
     professional employed as a health care professional and paid 
     under any provision of law specified in subparagraphs (A) 
     through (G) of paragraph (2).
       (2) The term ``Department of Defense physician'' means any 
     individual employed by the Department of Defense as a 
     physician or dentist who is paid under a provision or 
     provisions of law as follows:
       (A) Section 5332 of title 5, United States Code, relating 
     to the General Schedule.
       (B) Subchapter VIII of chapter 53 of title 5, United States 
     Code, relating to the Senior Executive Service.
       (C) Section 5371 of title 5, United States Code, relating 
     to certain health care positions.
       (D) Section 5376 of title 5, United States Code, relating 
     to certain senior-level positions.
       (E) Section 5377 of title 5, United States Code, relating 
     to critical positions.
       (F) Subchapter IX of chapter 53 of title 5, United States 
     Code, relating to special occupational pay systems.
       (G) Section 9902 of title 5, United States Code, relating 
     to the National Security Personnel System.
       (3) The term ``qualified health care professional'' means 
     any individual who is--
       (A) a psychologist who meets the Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Psychologist as required by the position to be 
     filled;
       (B) a nurse who meets the applicable Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Nurse as required by the position to be filled;
       (C) a nurse anesthetist who meets the applicable Office of 
     Personnel Management Qualification Standards for the 
     Occupational Series of Nurse as required by the position to 
     be filled;
       (D) a physician assistant who meets the applicable Office 
     of Personnel Management Qualification Standards for the 
     Occupational Series of Physician Assistant as required by the 
     position to be filled;
       (E) a social worker who meets the applicable Office of 
     Personnel Management Qualification Standards for the 
     Occupational Series of Social Worker as required by the 
     position to be filled; or
       (F) any other health care professional designated by the 
     Secretary of Defense for purposes of this section.
       (j) Termination.--No agreement may be entered into under 
     this section after September 30, 2012.
                                 ______
                                 
  SA 2978. Mr. CHAMBLISS (for himself, Mr. Pryor, and Mr. Isakson) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XXVIII, add the following:

     SEC. 2864. REPORT ON HOUSING PRIVATIZATION INITIATIVES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on housing privatization transactions carried out by 
     the Department of Defense that are behind schedule or in 
     default.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A list of current housing privatization transactions 
     carried out by the Department of Defense that are behind 
     schedule or in default.
       (2) In each case in which a transaction is behind schedule 
     or in default, a description of --
       (A) the reasons for schedule delays, cost overruns, or 
     default;
       (B) how solicitations and competitions were conducted for 
     the project;
       (C) how financing, partnerships, legal arrangements, 
     leases, or contracts in relation to the project were 
     structured;
       (D) which entities, including Federal entities, are bearing 
     financial risk for the project, and to what extent;
       (E) the remedies available to the Federal Government to 
     restore the transaction to schedule or ensure completion of 
     the terms of the transaction in question at the earliest 
     possible time;
       (F) the extent to which the Federal Government has the 
     ability to affect the performance of various parties involved 
     in the project;
       (G) remedies available to subcontractors to recoup liens in 
     the case of default, non-payment by the developer or other 
     party to the transaction or lease agreement, or re-
     structuring;
       (H) remedies available to the Federal Government to affect 
     receivership actions or transfer of ownership of the project; 
     and
       (I) names of the developers for the project and any history 
     of previous defaults or bankruptcies by these developers or 
     their affiliates.
       (3) In each case in which a project is behind schedule or 
     in default, recommendations regarding the opportunities for 
     the Federal Government to ensure that all terms of the 
     transaction are completed according to the original schedule 
     and budget.
                                 ______
                                 
  SA 2979. Mr. HAGEL (for himself, Mr. Byrd) submitted an amendment 
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of 
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 358. SENSE OF CONGRESS ON FUTURE USE OF SYNTHETIC FUELS 
                   IN MILITARY SYSTEMS.

       It is the sense of Congress to encourage the Department of 
     Defense to continue and accelerate, as appropriate, the 
     testing and certification of synthetic fuels for use in all 
     military air, ground, and sea systems.
                                 ______
                                 
  SA 2980. Mr. HAGEL submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 703. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM 
                   FOR CIVILIAN MENTAL HEALTH PROFESSIONALS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in consultation with the Assistant Secretary of 
     Defense for Health Affairs and each of the Surgeons General 
     of the Armed Forces, shall submit to Congress a report on the 
     feasibility and advisability of establishing a scholarship 
     program for civilian mental health professionals.
       (b) Elements.--The report shall include the following:
       (1) An assessment of a potential scholarship program that 
     provides certain educational funding to students seeking a 
     career in mental health services in exchange for service in 
     the Department of Defense.
       (2) An assessment of current scholarship programs which may 
     be expanded to include mental health professionals.
       (3) Recommendations regarding the establishment or 
     expansion of scholarship programs for mental health 
     professionals.
       (4) A plan to implement, or reasons for not implementing, 
     recommendations that will increase mental health staffing 
     across the Department of Defense.
                                 ______
                                 
  SA 2981. Mr. DOMENICI submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to

[[Page S11882]]

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 530, between lines 10 and 11, insert the following:

     SEC. 3126. EVALUATION OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION STRATEGIC PLAN FOR ADVANCED 
                   COMPUTING.

       (a) In General.--The Secretary of Energy shall--
       (1) enter into an agreement with an independent entity to 
     conduct an evaluation of the strategic plan for advanced 
     computing of the National Nuclear Security Administration; 
     and
       (2) not later than 180 days after the date of the enactment 
     of this Act, submit to the congressional defense committees a 
     report containing the results of evaluation described in 
     paragraph (1).
       (b) Elements.--The evaluation described in subsection 
     (a)(1) shall include the following:
       (1) An assessment of--
       (A) the role of research into, and development of, high-
     performance computing supported by the National Nuclear 
     Security Administration in maintaining the leadership of the 
     United States in high-performance computing; and
       (B) any impact of reduced investment by the National 
     Nuclear Security Administration in such research and 
     development.
       (2) An assessment of the ability of the National Nuclear 
     Security Administration to utilize the high-performance 
     computing capability of the Department of Energy and National 
     Nuclear Security Administration national laboratories to 
     support the Stockpile Stewardship Program and nonweapons 
     modeling and calculations.
       (3) An assessment of the effectiveness of the Department of 
     Energy and the National Nuclear Security Administration in 
     sharing high-performance computing developments with private 
     industry and capitalizing on innovations in private industry 
     in high-performance computing.
       (4) A description of the strategy of the Department of 
     Energy for developing an extaflop computing capability.
       (5) An assessment of the efforts of the Department of 
     Energy to--
       (A) coordinate high-performance computing work within the 
     Department, in particular among the Office of Science, the 
     National Nuclear Security Administration, and the Office of 
     Energy Efficiency and Renewable Energy; and
       (B) develop joint strategies with other Federal Government 
     agencies and private industry groups for the development of 
     high-performance computing.
                                 ______
                                 
  SA 2982. Mr. COLEMAN (for himself, Mr. Inouye, and Mr. Domenici) 
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 VII, add the following:

     SEC. 703. AUTHORITY FOR SPECIAL REIMBURSEMENT RATES FOR 
                   MENTAL HEALTH CARE SERVICES UNDER THE TRICARE 
                   PROGRAM.

       (a) Authority.--Section 1079(h)(5) of title 10, United 
     States Code, is amended in the first sentence by inserting 
     ``, including mental health care services,'' after ``health 
     care services''.
       (b) Report on Access to Mental Health Care Services.--Not 
     later than one year after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives a report on the adequacy of access to mental 
     health services under the TRICARE program, including in the 
     geographic areas where surveys on the continued viability of 
     TRICARE Standard and TRICARE Extra are conducted under 
     section 702 of this Act.
                                 ______
                                 
  SA 2983. Mr. COLEMAN (for himself, and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 2011 proposed by Mr. 
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1535. MODIFICATION OF AUTHORITIES RELATED TO THE OFFICE 
                   OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ 
                   RECONSTRUCTION.

       (a) Termination Date.--Subsection (o)(1) of section 3001 of 
     the Emergency Supplemental Appropriations Act for Defense and 
     for the Reconstruction of Iraq and Afghanistan, 2004 (Public 
     Law 108-106; 117 Stat. 1238; 5 U.S.C. App., note to section 
     8G of Public Law 95-452), as amended by section 1054(b) of 
     the John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2397), section 2 of 
     the Iraq Reconstruction Accountability Act of 2006 (Public 
     Law 109-440), and section 3801 of the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 147) 
     is amended to read as follows:
       ``(1) The Office of the Inspector General shall terminate 
     90 days after the balance of funds appropriated or otherwise 
     made available for the reconstruction of Iraq is less than 
     $250,000,000.''.
       (b) Jurisdiction Over Reconstruction Funds.--Such section 
     is further amended by adding at the end the following new 
     subsection:
       ``(p) Rule of Construction.--For purposes of carrying out 
     the duties of the Special Inspector General for Iraq 
     Reconstruction, any United States funds appropriated or 
     otherwise made available for fiscal years 2006 through 2008 
     for the reconstruction of Iraq, irrespective of the 
     designation of such funds, shall be deemed to be amounts 
     appropriated or otherwise made available to the Iraq Relief 
     and Reconstruction Fund.''.
       (c) Hiring Authority.--Subsection (h)(1) of such section is 
     amended by inserting after ``pay rates'' the following: ``, 
     and may exercise the authorities of subsections (b) through 
     (i) of section 3161 of title 5, United States Code (without 
     regard to subsection (a) of such section)''.
                                 ______
                                 
  SA 2984. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL CENTER FOR HUMAN PERFORMANCE.

       The scientific institute to perform research and education 
     in medicine and related sciences to enhance human performance 
     that is located at the Texas Medical Center shall hereafter 
     be known as the ``National Center for Human Performance''.
                                 ______
                                 
  SA 2985. Mr. ROCKEFELLER (for himself and Mr. Bond) 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, add the following:

                DIVISION D--INTELLIGENCE AUTHORIZATIONS

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Intelligence 
     Authorization Act for Fiscal Year 2008''.

                   TITLE XLI--INTELLIGENCE ACTIVITIES

     SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Department of State.
       (8) The Department of the Treasury.
       (9) The Department of Energy.
       (10) The Department of Justice.
       (11) The Federal Bureau of Investigation.
       (12) The National Reconnaissance Office.
       (13) The National Geospatial-Intelligence Agency.
       (14) The Coast Guard.
       (15) The Department of Homeland Security.
       (16) The Drug Enforcement Administration.

     SEC. 4102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Levels.--The 
     amounts authorized to be appropriated under section 4101, and 
     the authorized personnel levels (expressed as full-time 
     equivalent positions) as of September 30, 2008, for the 
     conduct of the intelligence and intelligence-related 
     activities of the elements listed in such section, are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany the conference report on the bill ___ 
     of the One Hundred Tenth Congress.

[[Page S11883]]

       (b) Availability of Classified Schedule of 
     Authorizations.--The Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President. The 
     President shall provide for suitable distribution of the 
     Schedule, or of appropriate portions of the Schedule, within 
     the executive branch.

     SEC. 4103. PERSONNEL LEVEL ADJUSTMENTS.

       (a) Authority for Adjustments.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of National Intelligence may authorize employment of civilian 
     personnel in excess of the number of authorized full-time 
     equivalent positions for fiscal year 2008 under section 4102 
     when the Director of National Intelligence determines that 
     such action is necessary to the performance of important 
     intelligence functions, except that the number of personnel 
     employed in excess of the number authorized under such 
     section may not, for any element of the intelligence 
     community, exceed 5 percent of the number of civilian 
     personnel authorized under such section for such element.
       (b) Authority for Conversion of Activities Performed by 
     Contractors.--In addition to the authority in subsection (a), 
     upon a determination by the head of an element in the 
     intelligence community that activities currently being 
     performed by contractor employees should be performed by 
     government employees, the concurrence of the Director of 
     National Intelligence in such determination, and the approval 
     of the Director of the Office of Management and Budget, the 
     Director of National Intelligence may authorize employment of 
     additional full-time equivalent personnel in such element of 
     the intelligence community equal to the number of full-time 
     equivalent contractor employees performing such activities.
       (c) Notice to Intelligence Committees.--The Director of 
     National Intelligence shall notify the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives in writing at 
     least 15 days before each exercise of the authority in 
     subsection (a) or (b).

     SEC. 4104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2008 the sum of $715,076,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 4102(a) for advanced research and 
     development shall remain available until September 30, 2009.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 1768 full-time 
     equivalent personnel as of September 30, 2008. Personnel 
     serving in such elements may be permanent employees of the 
     Intelligence Community Management Account or personnel 
     detailed from other elements of the United States Government.
       (c) Construction of Authorities.--The authorities available 
     to the Director of National Intelligence under section 4103 
     are also available to the Director for the adjustment of 
     personnel levels in elements within the Intelligence 
     Community Management Account.
       (d) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     also authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2008 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 4102(a). 
     Such additional amounts for research and development shall 
     remain available until September 30, 2009.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2008, there are also authorized such additional personnel for 
     such elements as of that date as are specified in the 
     classified Schedule of Authorizations.

     SEC. 4105. INCORPORATION OF REPORTING REQUIREMENTS.

       (a) In General.--Each requirement to submit a report to the 
     congressional intelligence committees that is included in the 
     joint explanatory statement to accompany the conference 
     report on the bill ___ of the One Hundred Tenth Congress, or 
     in the classified annex to this Act, is hereby incorporated 
     into this Act, and is hereby made a requirement in law.
       (b) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     means--
       (1) the Select Committee on Intelligence of the Senate; and
       (2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 4106. DEVELOPMENT AND ACQUISITION PROGRAM.

       (a) Transfer of Funds.--Of the funds appropriated for the 
     National Intelligence Program for fiscal year 2008, and of 
     funds currently available for obligation for any prior fiscal 
     year, the Director of National Intelligence shall transfer 
     not less than the amount specified in the classified annex to 
     the Office of the Director of National Intelligence to fund 
     the development and acquisition of the program specified in 
     the classified annex.
       (b) Availability of Funds.--The funds transferred under 
     subsection (a) shall be available as follows:
       (1) In the case of funds transferred from funds currently 
     available for obligation for any fiscal year before fiscal 
     year 2008, for the time of availability as originally 
     appropriated.
       (2) In the case of funds transferred from funds 
     appropriated for fiscal year 2008, without fiscal year 
     limitation.

   TITLE XLII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM

     SEC. 4201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2008 the sum of $262,500,000.

     SEC. 4202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT 
                   PROVISION OF CENTRAL INTELLIGENCE AGENCY 
                   RETIREMENT ACT.

       Section 235(b)(1)(A) of the Central Intelligence Agency 
     Retirement Act (50 U.S.C. 2055(b)(1)(A)) is amended by 
     striking ``receiving compensation under the Senior 
     Intelligence Service pay schedule at the rate'' and inserting 
     ``who is at the Senior Intelligence Service rank''.

  TITLE XLIII--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

     SEC. 4301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this Act for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 4302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this Act shall not 
     be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 4303. CLARIFICATION OF DEFINITION OF INTELLIGENCE 
                   COMMUNITY UNDER THE NATIONAL SECURITY ACT OF 
                   1947.

       Subparagraph (L) of section 3(4) of the National Security 
     Act of 1947 (50 U.S.C. 401a(4)) is amended by striking 
     ``other'' the second place it appears.

     SEC. 4304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON 
                   CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.

       (a) Delegation of Authority.--Section 116(b) of the 
     National Security Act of 1947 (50 U.S.C. 404k(b)) is 
     amended--
       (1) by inserting ``(1)'' before ``The Director'';
       (2) in paragraph (1), by striking ``may only delegate'' and 
     all that follows and inserting ``may delegate the authority 
     in subsection (a) to the head of any other element of the 
     intelligence community.''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The head of an element of the intelligence community 
     to whom the authority in subsection (a) is delegated pursuant 
     to paragraph (1) may further delegate such authority to such 
     senior officials of such element as are specified in 
     guidelines prescribed by the Director of National 
     Intelligence for purposes of this paragraph.''.
       (b) Submittal of Guidelines to Congress.--Not later than 
     six months after the date of the enactment of this Act, the 
     Director of National Intelligence shall prescribe and submit 
     to the congressional intelligence committees the guidelines 
     referred to in paragraph (2) of section 116(b) of the 
     National Security Act of 1947, as added by subsection (a).
       (c) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     means--
       (1) the Select Committee on Intelligence of the Senate; and
       (2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 4305. MODIFICATION OF AVAILABILITY OF FUNDS FOR 
                   DIFFERENT INTELLIGENCE ACTIVITIES.

       Subparagraph (B) of section 504(a)(3) of the National 
     Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read 
     as follows:
       ``(B) the use of such funds for such activity supports an 
     emergent need, improves program effectiveness, or increases 
     efficiency; and''.

     SEC. 4306. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER 
                   INTELLIGENCE OFFICERS AND AGENTS.

       (a) Disclosure of Agent After Access to Information 
     Identifying Agent.--Subsection (a) of section 601 of the 
     National Security Act of 1947 (50 U.S.C. 421) is amended by 
     striking ``ten years'' and inserting ``15 years''.
       (b) Disclosure of Agent After Access to Classified 
     Information.--Subsection (b) of such section is amended by 
     striking ``five years'' and inserting ``ten years''.

     SEC. 4307. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY 
                   TO DELETE INFORMATION ABOUT RECEIPT AND 
                   DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

       Paragraph (4) of section 7342(f) of title 5, United States 
     Code, is amended to read as follows:

[[Page S11884]]

       ``(4)(A) In transmitting such listings for an element of 
     the intelligence community, the head of such element may 
     delete the information described in subparagraphs (A) and (C) 
     of paragraphs (2) and (3) if the head of such element 
     certifies in writing to the Secretary of State that the 
     publication of such information could adversely affect United 
     States intelligence sources or methods.
       ``(B) Any information not provided to the Secretary of 
     State pursuant to the authority in subparagraph (A) shall be 
     transmitted to the Director of National Intelligence.
       ``(C) In this paragraph, the term `element of the 
     intelligence community' means an element of the intelligence 
     community listed in or designated under section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4)).''.

     SEC. 4308. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE DETAILS 
                   TO ELEMENTS OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--Except as provided in section 113 of the 
     National Security Act of 1947 (50 U.S.C. 404h) and section 
     904(g)(2) of the Counterintelligence Enhancement Act of 2002 
     (title IX of Public Law 107-306; 50 U.S.C. 402c(g)(2)) and 
     notwithstanding any other provision of law, in any fiscal 
     year after fiscal year 2007 an officer or employee of the 
     United States or member of the Armed Forces may be detailed 
     to the staff of an element of the intelligence community 
     funded through the Community Management Account from another 
     element of the United States Government on a reimbursable or 
     non-reimbursable basis, as jointly agreed to by the Director 
     of National Intelligence and the head of the detailing 
     element (or the designees of such officials), for a period 
     not to exceed three years.
       (b) Element of the Intelligence Community Defined.--In this 
     section, the term ``element of the intelligence community'' 
     means an element of the intelligence community listed in or 
     designated under section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 401a(4)).

     SEC. 4309. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 
                   2005 AND RELATED PROVISIONS OF THE MILITARY 
                   COMMISSIONS ACT OF 2006.

       (a) Report Required.--Not later than December 1, 2007, the 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees a comprehensive report 
     on all measures taken by the Office of the Director of 
     National Intelligence and by each element, if any, of the 
     intelligence community with relevant responsibilities to 
     comply with the provisions of the Detainee Treatment Act of 
     2005 (title X of division A of Public Law 109-148) and 
     related provisions of the Military Commissions Act of 2006 
     (Public Law 109-366).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the detention or interrogation 
     methods, if any, that have been determined to comply with 
     section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 
     2739; 42 U.S.C. 2000dd) and section 6 of the Military 
     Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note) 
     (including the amendments made by such section 6), and, with 
     respect to each such method--
       (A) an identification of the official making such 
     determination; and
       (B) a statement of the basis for such determination.
       (2) A description of the detention or interrogation 
     methods, if any, whose use has been discontinued pursuant to 
     the Detainee Treatment Act of 2005 or the Military Commission 
     Act of 2006, and, with respect to each such method--
       (A) an identification of the official making the 
     determination to discontinue such method; and
       (B) a statement of the basis for such determination.
       (3) A description of any actions that have been taken to 
     implement section 1004 of the Detainee Treatment Act of 2005 
     (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to 
     each such action--
       (A) an identification of the official taking such action; 
     and
       (B) a statement of the basis for such action.
       (4) Any other matters that the Director considers necessary 
     to fully and currently inform the congressional intelligence 
     committees about the implementation of the Detainee Treatment 
     Act of 2005 and related provisions of the Military 
     Commissions Act of 2006.
       (5) An appendix containing--
       (A) all guidelines for the application of the Detainee 
     Treatment Act of 2005 and related provisions of the Military 
     Commissions Act of 2006 to the detention or interrogation 
     activities, if any, of any element of the intelligence 
     community; and
       (B) all legal justifications of any office or official of 
     the Department of Justice about the meaning or application of 
     Detainee Treatment Act of 2005 or related provisions of the 
     Military Commissions Act of 2006 with respect to the 
     detention or interrogation activities, if any, of any element 
     of the intelligence community.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in classified form.
       (d) Submission to the Congressional Armed Services 
     Committees.--To the extent that the report required by 
     subsection (a) addresses an element of the intelligence 
     community within the Department of Defense, that portion of 
     the report, and any associated material that is necessary to 
     make that portion understandable, shall also be submitted by 
     the Director of National Intelligence to the congressional 
     armed services committees.
       (e) Definitions.--In this section:
       (1) The term ``congressional armed services committees'' 
     means--
       (A) the Committee on Armed Services of the Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
       (2) The term ``congressional intelligence committees'' 
     means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (3) The term ``element of the intelligence community'' 
     means the elements of the intelligence community specified in 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).

     SEC. 4310. TERMS OF SERVICE OF PROGRAM MANAGER FOR THE 
                   INFORMATION SHARING ENVIRONMENT AND THE 
                   INFORMATION SHARING COUNCIL.

       Section 1016 of the National Security Intelligence Reform 
     Act of 2004 (title I of Public Law 108-458; 6 U.S.C. 485) is 
     amended--
       (1) in subsection (f)(1), by striking ``during the two-year 
     period beginning on the date of designation under this 
     paragraph unless sooner'' and inserting ``until''; and
       (2) in subsection (g)(1), by striking ``during the two-year 
     period beginning on the date of the initial designation of 
     the program manager by the President under subsection (f)(1), 
     unless sooner'' and inserting ``until''.

     SEC. 4311. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.) is amended by inserting after 
     section 506A the following new section:


              ``VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

       ``Sec. 506B.  (a) Initial Vulnerability Assessments.--The 
     Director of National Intelligence shall conduct an initial 
     vulnerability assessment for any major system and its items 
     of supply, that is proposed for inclusion in the National 
     Intelligence Program. The initial vulnerability assessment of 
     a major system and its items of supply shall, at a minimum, 
     use an analysis-based approach to--
       ``(1) identify applicable vulnerabilities;
       ``(2) define exploitation potential;
       ``(3) examine the system's potential effectiveness;
       ``(4) determine overall vulnerability; and
       ``(5) make recommendations for risk reduction.
       ``(b) Subsequent Vulnerability Assessments.--(1) The 
     Director of National Intelligence shall conduct subsequent 
     vulnerability assessments of each major system and its items 
     of supply within the National Intelligence Program--
       ``(A) periodically throughout the life-span of the major 
     system;
       ``(B) whenever the Director determines that a change in 
     circumstances warrants the issuance of a subsequent 
     vulnerability assessment; or
       ``(C) upon the request of a congressional intelligence 
     committee.
       ``(2) Any subsequent vulnerability assessment of a major 
     system and its items of supply shall, at a minimum, use an 
     analysis-based approach and, if applicable, a testing-based 
     approach, to monitor the exploitation potential of such 
     system and reexamine the factors described in paragraphs (1) 
     through (5) of subsection (a).
       ``(c) Major System Management.--The Director of National 
     Intelligence shall give due consideration to the 
     vulnerability assessments prepared for a given major system 
     when developing and determining the annual consolidated 
     National Intelligence Program budget.
       ``(d) Congressional Oversight.--(1) The Director of 
     National Intelligence shall provide to the congressional 
     intelligence committees a copy of each vulnerability 
     assessment conducted under subsection (a) or (b) not later 
     than 10 days after the date of the completion of such 
     assessment.
       ``(2) The Director of National Intelligence shall provide 
     the congressional intelligence committees with a proposed 
     schedule for subsequent vulnerability assessments of a major 
     system under subsection (b) when providing such committees 
     with the initial vulnerability assessment under subsection 
     (a) of such system as required by subsection (d).
       ``(e) Definitions.--In this section:
       ``(1) The term `items of supply'--
       ``(A) means any individual part, component, subassembly, 
     assembly, or subsystem integral to a major system, and other 
     property which may be replaced during the service life of the 
     major system, including spare parts and replenishment parts; 
     and
       ``(B) does not include packaging or labeling associated 
     with shipment or identification of items.
       ``(2) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(3) The term `vulnerability assessment' means the process 
     of identifying and quantifying vulnerabilities in a major 
     system and its items of supply.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 506A the 
     following:


[[Page S11885]]


``Sec. 506B. Vulnerability assessments of major systems.''.

     SEC. 4312. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 4311, is 
     further amended by inserting after section 506B, as added by 
     section 4311(a), the following new section:


  ``ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY

       ``Sec. 506C.  (a) Requirement to Provide.--The Director of 
     National Intelligence shall, in consultation with the head of 
     the element of the intelligence community concerned, prepare 
     an annual personnel level assessment for such element of the 
     intelligence community that assesses the personnel levels for 
     each such element for the fiscal year following the fiscal 
     year in which the assessment is submitted.
       ``(b) Schedule.--Each assessment required by subsection (a) 
     shall be submitted to the congressional intelligence 
     committees not later than January 31, of each year.
       ``(c) Contents.--Each assessment required by subsection (a) 
     submitted during a fiscal year shall contain, at a minimum, 
     the following information for the element of the intelligence 
     community concerned:
       ``(1) The budget submission for personnel costs for the 
     upcoming fiscal year.
       ``(2) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs of the current 
     fiscal year.
       ``(3) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs during the 
     prior 5 fiscal years.
       ``(4) The number of personnel positions requested for the 
     upcoming fiscal year.
       ``(5) The numerical and percentage increase or decrease of 
     such number as compared to the number of personnel positions 
     of the current fiscal year.
       ``(6) The numerical and percentage increase or decrease of 
     such number as compared to the number of personnel positions 
     during the prior 5 fiscal years.
       ``(7) The best estimate of the number and costs of 
     contractors to be funded by the element for the upcoming 
     fiscal year.
       ``(8) The numerical and percentage increase or decrease of 
     such costs of contractors as compared to the best estimate of 
     the costs of contractors of the current fiscal year.
       ``(9) The numerical and percentage increase or decrease of 
     such costs of contractors as compared to the cost of 
     contractors, and the number of contractors, during the prior 
     5 fiscal years.
       ``(10) A written justification for the requested personnel 
     and contractor levels.
       ``(11) A statement by the Director of National Intelligence 
     that, based on current and projected funding, the element 
     concerned will have sufficient--
       ``(A) internal infrastructure to support the requested 
     personnel and contractor levels;
       ``(B) training resources to support the requested personnel 
     levels; and
       ``(C) funding to support the administrative and operational 
     activities of the requested personnel levels.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act, as amended by section 4311(b), is 
     further amended by inserting after the item relating to 
     section 506B, as added by section 4311(b), the following new 
     item:

``Sec. 506C. Annual personnel levels assessment for the intelligence 
              community.''.

     SEC. 4313. BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS 
                   SYSTEM MODERNIZATION FOR THE INTELLIGENCE 
                   COMMUNITY.

       (a) Business Enterprise Architecture and Business System 
     Modernization.--
       (1) In general.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by sections 4311 and 
     4312, is further amended by inserting after section 506C, as 
     added by section 4312(a), the following new section:


       ``INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, ARCHITECTURE, 
                   ACCOUNTABILITY, AND MODERNIZATION

       ``Sec. 506D.  (a) Limitation on Obligation of Funds for 
     Intelligence Community Business System Modernization.--(1) 
     After April 1, 2008, no funds appropriated to any element of 
     the intelligence community may be obligated for an 
     intelligence community business system modernization 
     described in paragraph (2) unless--
       ``(A) the approval authority designated by the Director of 
     National Intelligence under subsection (c)(2) makes the 
     certification described in paragraph (3) with respect to the 
     intelligence community business system modernization; and
       ``(B) the certification is approved by the Intelligence 
     Community Business Systems Management Committee established 
     under subsection (f).
       ``(2) An intelligence community business system 
     modernization described in this paragraph is an intelligence 
     community business system modernization that--
       ``(A) will have a total cost in excess of $1,000,000; and
       ``(B) will receive more than 50 percent of the funds for 
     such cost from amounts appropriated for the National 
     Intelligence Program.
       ``(3) The certification described in this paragraph for an 
     intelligence community business system modernization is a 
     certification, made by the approval authority designated by 
     the Director under subsection (c)(2) to the Intelligence 
     Community Business Systems Management Committee, that the 
     intelligence community business system modernization--
       ``(A) complies with the enterprise architecture under 
     subsection (b); or
       ``(B) is necessary--
       ``(i) to achieve a critical national security capability or 
     address a critical requirement in an area such as safety or 
     security; or
       ``(ii) to prevent a significant adverse effect on a project 
     that is needed to achieve an essential capability, taking 
     into consideration the alternative solutions for preventing 
     such adverse effect.
       ``(4) The obligation of funds for an intelligence community 
     business system modernization that does not comply with the 
     requirements of this subsection shall be treated as a 
     violation of section 1341(a)(1)(A) of title 31, United States 
     Code.
       ``(b) Enterprise Architecture for Intelligence Community 
     Business Systems.--(1) The Director of National Intelligence 
     shall, acting through the Intelligence Community Business 
     Systems Management Committee established under subsection 
     (f), develop and implement an enterprise architecture to 
     cover all intelligence community business systems, and the 
     functions and activities supported by such business systems. 
     The enterprise architecture shall be sufficiently defined to 
     effectively guide, constrain, and permit implementation of 
     interoperable intelligence community business system 
     solutions, consistent with applicable policies and procedures 
     established by the Director of the Office of Management and 
     Budget.
       ``(2) The enterprise architecture under paragraph (1) shall 
     include the following:
       ``(A) An information infrastructure that, at a minimum, 
     will enable the intelligence community to--
       ``(i) comply with all Federal accounting, financial 
     management, and reporting requirements;
       ``(ii) routinely produce timely, accurate, and reliable 
     financial information for management purposes;
       ``(iii) integrate budget, accounting, and program 
     information and systems; and
       ``(iv) provide for the systematic measurement of 
     performance, including the ability to produce timely, 
     relevant, and reliable cost information.
       ``(B) Policies, procedures, data standards, and system 
     interface requirements that apply uniformly throughout the 
     intelligence community.
       ``(c) Responsibilities for Intelligence Community Business 
     System Modernization.--(1) The Director of National 
     Intelligence shall be responsible for review, approval, and 
     oversight of the planning, design, acquisition, deployment, 
     operation, and maintenance of an intelligence community 
     business system modernization if more than 50 percent of the 
     cost of the intelligence community business system 
     modernization is funded by amounts appropriated for the 
     National Intelligence Program.
       ``(2) The Director shall designate one or more appropriate 
     officials of the intelligence community to be responsible for 
     making certifications with respect to intelligence community 
     business system modernizations under subsection (a)(3).
       ``(d) Intelligence Community Business System Investment 
     Review.--(1) The approval authority designated under 
     subsection (c)(2) shall establish and implement, not later 
     than March 31, 2008, an investment review process for the 
     review of the planning, design, acquisition, development, 
     deployment, operation, maintenance, modernization, and 
     project cost, benefits, and risks of the intelligence 
     community business systems for which the approval authority 
     is responsible.
       ``(2) The investment review process under paragraph (1) 
     shall--
       ``(A) meet the requirements of section 11312 of title 40, 
     United States Code; and
       ``(B) specifically set forth the responsibilities of the 
     approval authority under such review process.
       ``(3) The investment review process under paragraph (1) 
     shall include the following elements:
       ``(A) Review and approval by an investment review board 
     (consisting of appropriate representatives of the 
     intelligence community) of each intelligence community 
     business system as an investment before the obligation of 
     funds for such system.
       ``(B) Periodic review, but not less often than annually, of 
     every intelligence community business system investment.
       ``(C) Thresholds for levels of review to ensure appropriate 
     review of intelligence community business system investments 
     depending on the scope, complexity, and cost of the system 
     involved.
       ``(D) Procedures for making certifications in accordance 
     with the requirements of subsection (a)(3).
       ``(E) Mechanisms to ensure the consistency of the 
     investment review process with applicable guidance issued by 
     the Director of National Intelligence and the Intelligence 
     Community Business Systems Management Committee established 
     under subsection (f).
       ``(F) Common decision criteria, including standards, 
     requirements, and priorities, for purposes of ensuring the 
     integration of intelligence community business systems.
       ``(e) Budget Information.--For each fiscal year after 
     fiscal year 2009, the Director of

[[Page S11886]]

     National Intelligence shall include in the materials the 
     Director submits to Congress in support of the budget for 
     such fiscal year that is submitted to Congress under section 
     1105 of title 31, United States Code, the following 
     information:
       ``(1) An identification of each intelligence community 
     business system for which funding is proposed in such budget.
       ``(2) An identification of all funds, by appropriation, 
     proposed in such budget for each such system, including--
       ``(A) funds for current services to operate and maintain 
     such system; and
       ``(B) funds for business systems modernization identified 
     for each specific appropriation.
       ``(3) For each such system, identification of approval 
     authority designated for such system under subsection (c)(2).
       ``(4) The certification, if any, made under subsection 
     (a)(3) with respect to each such system.
       ``(f) Intelligence Community Business Systems Management 
     Committee.--(1) The Director of National Intelligence shall 
     establish an Intelligence Community Business Systems 
     Management Committee (in this subsection referred to as the 
     `Committee').
       ``(2) The Committee shall--
       ``(A) recommend to the Director policies and procedures 
     necessary to effectively integrate all business activities 
     and any transformation, reform, reorganization, or process 
     improvement initiatives undertaken within the intelligence 
     community;
       ``(B) review and approve any major update of--
       ``(i) the enterprise architecture developed under 
     subsection (b); and
       ``(ii) any plans for an intelligence community business 
     systems modernization;
       ``(C) manage cross-domain integration consistent with such 
     enterprise architecture;
       ``(D) be responsible for coordinating initiatives for 
     intelligence community business system modernization to 
     maximize benefits and minimize costs for the intelligence 
     community, and periodically report to the Director on the 
     status of efforts to carry out an intelligence community 
     business system modernization;
       ``(E) ensure that funds are obligated for intelligence 
     community business system modernization in a manner 
     consistent with subsection (a); and
       ``(F) carry out such other duties as the Director shall 
     specify.
       ``(g) Relation to Annual Registration Requirements.--
     Nothing in this section shall be construed to alter the 
     requirements of section 8083 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 989), 
     with regard to information technology systems (as defined in 
     subsection (d) of such section).
       ``(h) Relation to Defense Business Systems Architecture, 
     Accountability, and Modernization Requirements.--An 
     intelligence community business system that receives more 
     than 50 percent of its funds from amounts available for the 
     National Intelligence Program shall be exempt from the 
     requirements of section 2222 of title 10, United States Code.
       ``(i) Relation to Clinger-Cohen Act.--(1) The Director of 
     National Intelligence and the Chief Information Officer of 
     the Intelligence Community shall fulfill the executive agency 
     responsibilities in chapter 113 of title 40, United States 
     Code, for any intelligence community business system that 
     receives more than 50 percent of its funding from amounts 
     appropriated for National Intelligence Program.
       ``(2) Any intelligence community business system covered by 
     paragraph (1) shall be exempt from the requirements of such 
     chapter 113 that would otherwise apply to the executive 
     agency that contains the element of the intelligence 
     community involved.
       ``(j) Reports.--Not later than March 15 of each of 2009 
     through 2014, the Director of National Intelligence shall 
     submit to the congressional intelligence committees a report 
     on the compliance of the intelligence community with the 
     requirements of this section. Each such report shall--
       ``(1) describe actions taken and proposed for meeting the 
     requirements of subsection (a), including--
       ``(A) specific milestones and actual performance against 
     specified performance measures, and any revision of such 
     milestones and performance measures; and
       ``(B) specific actions on the intelligence community 
     business system modernizations submitted for certification 
     under such subsection;
       ``(2) identify the number of intelligence community 
     business system modernizations that received a certification 
     described in subsection (a)(3)(B); and
       ``(3) describe specific improvements in business operations 
     and cost savings resulting from successful intelligence 
     community business systems modernization efforts.
       ``(k) Definitions.--In this section:
       ``(1) The term `enterprise architecture' has the meaning 
     given that term in section 3601(4) of title 44, United States 
     Code.
       ``(2) The terms `information system' and `information 
     technology' have the meanings given those terms in section 
     11101 of title 40, United States Code.
       ``(3) The term `intelligence community business system' 
     means an information system, other than a national security 
     system, that is operated by, for, or on behalf of the 
     intelligence community, including financial systems, mixed 
     systems, financial data feeder systems, the business 
     infrastructure capabilities shared by the systems of the 
     business enterprise architecture that build upon the core 
     infrastructure, used to support business activities, such as 
     acquisition, financial management, logistics, strategic 
     planning and budgeting, installations and environment, and 
     human resource management
       ``(4) The term `intelligence community business system 
     modernization' means--
       ``(A) the acquisition or development of a new intelligence 
     community business system; or
       ``(B) any significant modification or enhancement of an 
     existing intelligence community business system (other than 
     necessary to maintain current services).
       ``(5) The term `national security system' has the meaning 
     given that term in section 3542 of title 44, United States 
     Code.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of that Act, as amended by section 4311 and 4312, is 
     further amended by inserting after the item relating to 
     section 506C, as added by section 4312(b) the following new 
     item:

``Sec. 506D. Intelligence community business systems, architecture, 
              accountability, and modernization.''.
       (b) Implementation.--
       (1) Certain duties.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall--
       (A) complete the delegation of responsibility for the 
     review, approval, and oversight of the planning, design, 
     acquisition, deployment, operation, maintenance, and 
     modernization of intelligence community business systems 
     required by subsection (c) of section 506D of the National 
     Security Act of 1947 (as added by subsection (a)); and
       (B) designate a vice chairman and personnel to serve on the 
     Intelligence Community Business System Management Committee 
     established under subsection (f) of such section 506D (as so 
     added).
       (2) Enterprise architecture.--The Director shall develop 
     the enterprise architecture required by subsection (b) of 
     such section 506D (as so added) by not later than March 1, 
     2008. In so developing the enterprise architecture, the 
     Director shall develop an implementation plan for the 
     architecture, including the following:
       (A) The acquisition strategy for new systems that are 
     expected to be needed to complete the enterprise 
     architecture, including specific time-phased milestones, 
     performance metrics, and a statement of the financial and 
     nonfinancial resource needs.
       (B) An identification of the intelligence community 
     business systems in operation or planned as of December 31, 
     2006, that will not be a part of the enterprise architecture, 
     together with the schedule for the phased termination of the 
     utilization of any such systems.
       (C) An identification of the intelligence community 
     business systems in operation or planned as of December 31, 
     2006, that will be a part of the enterprise architecture, 
     together with a strategy for modifying such systems to ensure 
     that such systems comply with such enterprise architecture.

     SEC. 4314. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by sections 4311 
     through 4313, is further amended by inserting after section 
     506D, as added by section 4313(a)(1), the following new 
     section:


             ``REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

       ``Sec. 506E.  (a) Annual Reports Required.--(1) The 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees each year, at the same 
     time the budget of the President for the fiscal year 
     beginning in such year is submitted to Congress pursuant to 
     section 1105 of title 31, United States Code, a separate 
     report on each acquisition of a major system by an element of 
     the intelligence community.
       ``(2) Each report under this section shall be known as a 
     `Report on the Acquisition of Major Systems'.
       ``(b) Elements.--Each report under this section shall 
     include, for the acquisition of a major system, information 
     on the following:
       ``(1) The current total anticipated acquisition cost for 
     such system, and the history of such cost from the date the 
     system was first included in a report under this section to 
     the end of the calendar quarter immediately proceeding the 
     submittal of the report under this section.
       ``(2) The current anticipated development schedule for the 
     system, including an estimate of annual development costs 
     until development is completed.
       ``(3) The current anticipated procurement schedule for the 
     system, including the best estimate of the Director of 
     National Intelligence of the annual costs and units to be 
     procured until procurement is completed.
       ``(4) A full life-cycle cost analysis for such system.
       ``(5) The result of any significant test and evaluation of 
     such major system as of the date of the submittal of such 
     report, or, if a significant test and evaluation has not been 
     conducted, a statement of the reasons therefor and the 
     results of any other test and evaluation that has been 
     conducted of such system.
       ``(6) The reasons for any change in acquisition cost, or 
     schedule, for such system from the previous report under this 
     section (if applicable).

[[Page S11887]]

       ``(7) The significant contracts or subcontracts related to 
     the major system.
       ``(8) If there is any cost or schedule variance under a 
     contract referred to in paragraph (7) since the previous 
     report under this section, the reasons for such cost or 
     schedule variance.
       ``(c) Determination of Increase in Costs.--Any 
     determination of a percentage increase in the acquisition 
     costs of a major system for which a report is filed under 
     this section shall be stated in terms of constant dollars 
     from the first fiscal year in which funds are appropriated 
     for such contract.
       ``(d) Definitions.--In this section:
       ``(1) The term `acquisition cost', with respect to a major 
     system, means the amount equal to the total cost for 
     development and procurement of, and system-specific 
     construction for, such system.
       ``(2) The term `full life-cycle cost', with respect to the 
     acquisition of a major system, means all costs of 
     development, procurement, construction, deployment, and 
     operation and support for such program, without regard to 
     funding source or management control, including costs of 
     development and procurement required to support or utilize 
     such system.
       ``(3) The term `major system', has the meaning given that 
     term in section 506A(e).''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act, as amended by sections 4311 through 
     4313, is further amended by inserting after the item relating 
     to section 506D, as added by section 4313(a)(2), the 
     following new item:

``Sec. 506E. Reports on the acquisition of major systems.''.

     SEC. 4315. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.

       (a) Notification.--Title V of the National Security Act of 
     1947, as amended by sections 4311 through 4314, is further 
     amended by inserting after section 506E, as added by section 
     4314(a), the following new section:


                ``EXCESSIVE COST GROWTH OF MAJOR SYSTEMS

       ``Sec. 506F.  (a) Cost Increases of at Least 20 Percent.--
     (1) On a continuing basis, and separate from the submission 
     of any report on a major system required by section 506E of 
     this Act, the Director of National Intelligence shall 
     determine if the acquisition cost of such major system has 
     increased by at least 20 percent as compared to the baseline 
     cost of such major system.
       ``(2)(A) If the Director determines under paragraph (1) 
     that the acquisition cost of a major system has increased by 
     at least 20 percent, the Director shall submit to the 
     congressional intelligence committees a written notification 
     of such determination as described in subparagraph (B), a 
     description of the amount of the increase in the acquisition 
     cost of such major system, and a certification as described 
     in subparagraph (C).
       ``(B) The notification required by subparagraph (A) shall 
     include--
       ``(i) an independent cost estimate;
       ``(ii) the date on which the determination covered by such 
     notification was made;
       ``(iii) contract performance assessment information with 
     respect to each significant contract or sub-contract related 
     to such major system, including the name of the contractor, 
     the phase of the contract at the time of the report, the 
     percentage of work under the contract that has been 
     completed, any change in contract cost, the percentage by 
     which the contract is currently ahead or behind schedule, and 
     a summary explanation of significant occurrences, such as 
     cost and schedule variances, and the effect of such 
     occurrences on future costs and schedules;
       ``(iv) the prior estimate of the full life-cycle cost for 
     such major system, expressed in constant dollars and in 
     current year dollars;
       ``(v) the current estimated full life-cycle cost of such 
     major system, expressed in constant dollars and current year 
     dollars;
       ``(vi) a statement of the reasons for any increases in the 
     full life-cycle cost of such major system;
       ``(vii) the current change and the total change, in dollars 
     and expressed as a percentage, in the full life-cycle cost 
     applicable to such major system, stated both in constant 
     dollars and current year dollars;
       ``(viii) the completion status of such major system 
     expressed as the percentage--
       ``(I) of the total number of years for which funds have 
     been appropriated for such major system compared to the 
     number of years for which it is planned that such funds will 
     be appropriated; and
       ``(II) of the amount of funds that have been appropriated 
     for such major system compared to the total amount of such 
     funds which it is planned will be appropriated;
       ``(ix) the action taken and proposed to be taken to control 
     future cost growth of such major system; and
       ``(x) any changes made in the performance or schedule of 
     such major system and the extent to which such changes have 
     contributed to the increase in full life-cycle costs of such 
     major system.
       ``(C) The certification described in this subparagraph is a 
     written certification made by the Director and submitted to 
     the congressional intelligence committees that--
       ``(i) the acquisition of such major system is essential to 
     the national security;
       ``(ii) there are no alternatives to such major system that 
     will provide equal or greater intelligence capability at 
     equal or lesser cost to completion;
       ``(iii) the new estimates of the full life-cycle cost for 
     such major system are reasonable; and
       ``(iv) the management structure for the acquisition of such 
     major system is adequate to manage and control full life-
     cycle cost of such major system.
       ``(b) Cost Increases of at Least 40 Percent.--(1) If the 
     Director of National Intelligence determines that the 
     acquisition cost of a major system has increased by at least 
     40 percent as compared to the baseline cost of such major 
     system, the President shall submit to the congressional 
     intelligence committees a written certification stating 
     that--
       ``(A) the acquisition of such major system is essential to 
     the national security;
       ``(B) there are no alternatives to such major system that 
     will provide equal or greater intelligence capability at 
     equal or lesser cost to completion;
       ``(C) the new estimates of the full life-cycle cost for 
     such major system are reasonable; and
       ``(D) the management structure for the acquisition of such 
     major system is adequate to manage and control the full life-
     cycle cost of such major system.
       ``(2) In addition to the certification required by 
     paragraph (1), the Director of National Intelligence shall 
     submit to the congressional intelligence committees an 
     updated notification, with current accompanying information, 
     as required by subsection (a)(2).
       ``(c) Prohibition on Obligation of Funds.--(1) If a written 
     certification required under subsection (a)(2)(A) is not 
     submitted to the congressional intelligence committees within 
     30 days of the determination made under subsection (a)(1), 
     funds appropriated for the acquisition of a major system may 
     not be obligated for a major contract under the program. Such 
     prohibition on the obligation of funds shall cease to apply 
     at the end of the 30-day period of a continuous session of 
     Congress that begins on the date on which Congress receives 
     the notification required under subsection (a)(2)(A).
       ``(2) If a written certification required under subsection 
     (b)(1) is not submitted to the congressional intelligence 
     committees within 30 days of the determination made under 
     subsection (b)(1), funds appropriated for the acquisition of 
     a major system may not be obligated for a major contract 
     under the program. Such prohibition on the obligation of 
     funds for the acquisition of a major system shall cease to 
     apply at the end of the 30-day period of a continuous session 
     of Congress that begins on the date on which Congress 
     receives the notification required under subsection (b)(2).
       ``(d) Definitions.--In this section:
       ``(1) The term `acquisition cost' has the meaning given 
     that term in section 506E(d).
       ``(2) The term `baseline cost', with respect to a major 
     system, means the projected acquisition cost of such system 
     on the date the contract for the development, procurement, 
     and construction of the system is awarded.
       ``(3) The term `full life-cycle cost' has the meaning given 
     that term in section 506E(d).
       ``(4) The term `independent cost estimate' has the meaning 
     given that term in section 506A(e).
       ``(5) The term `major system' has the meaning given that 
     term in section 506A(e).''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act, as amended by sections 4311 through 4314 
     of this Act, is further amended by inserting after the items 
     relating to section 506E, as added by section 4314(b), the 
     following new item:

``Sec. 506F. Excessive cost growth of major systems.''.

     SEC. 4316. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS 
                   UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
                   OF 1978.

       (a) Inclusion of Certain Orders in Semi-Annual Reports of 
     Attorney General.--Subsection (a)(5) of section 601 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1871) is amended by striking ``(not including orders)'' and 
     inserting ``, orders,''.
       (b) Reports by Attorney General on Certain Other Orders.--
     That section is further amended by adding at the end the 
     following new subsection:
       ``(c) The Attorney General shall submit to the committees 
     of Congress referred to in subsection (a)--
       ``(1) a copy of any decision, order, or opinion issued by 
     the Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review that includes 
     significant construction or interpretation of any provision 
     of this Act, and any pleadings associated with such decision, 
     order, or opinion, not later than 45 days after such 
     decision, order, or opinion is issued; and
       ``(2) a copy of any such decision, order, or opinion, and 
     the pleadings associated with such decision, order, or 
     opinion, that was issued during the 5-year period ending on 
     the date of the enactment of the Intelligence Authorization 
     Act for Fiscal Year 2008 and not previously submitted in a 
     report under subsection (a).''.

     SEC. 4317. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE 
                   CHANGE.

       (a) Requirement for National Intelligence Estimate.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 270 days after the date of the enactment of this 
     Act, the Director of National Intelligence shall submit to 
     Congress a National Intelligence Estimate (NIE) on the 
     anticipated geopolitical

[[Page S11888]]

     effects of global climate change and the implications of such 
     effects on the national security of the United States.
       (2) Notice regarding submittal.--If the Director of 
     National Intelligence determines that the National 
     Intelligence Estimate required by paragraph (1) cannot be 
     submitted by the date specified in that paragraph, the 
     Director shall notify Congress and provide--
       (A) the reasons that the National Intelligence Estimate 
     cannot be submitted by such date; and
       (B) an anticipated date for the submittal of the National 
     Intelligence Estimate.
       (b) Content.--The Director of National Intelligence shall 
     prepare the National Intelligence Estimate required by this 
     section using the mid-range projections of the fourth 
     assessment report of the Intergovernmental Panel on Climate 
     Change--
       (1) to assess the political, social, agricultural, and 
     economic risks during the 30-year period beginning on the 
     date of the enactment of this Act posed by global climate 
     change for countries or regions that are--
       (A) of strategic economic or military importance to the 
     United States and at risk of significant impact due to global 
     climate change; or
       (B) at significant risk of large-scale humanitarian 
     suffering with cross-border implications as predicted on the 
     basis of the assessments;
       (2) to assess other risks posed by global climate change, 
     including increased conflict over resources or between ethnic 
     groups, within countries or transnationally, increased 
     displacement or forced migrations of vulnerable populations 
     due to inundation or other causes, increased food insecurity, 
     and increased risks to human health from infectious disease;
       (3) to assess the capabilities of the countries or regions 
     described in subparagraph (A) or (B) of paragraph (1) to 
     respond to adverse impacts caused by global climate change; 
     and
       (4) to make recommendations for further assessments of 
     security consequences of global climate change that would 
     improve national security planning.
       (c) Coordination.--In preparing the National Intelligence 
     Estimate under this section, the Director of National 
     Intelligence shall consult with representatives of the 
     scientific community, including atmospheric and climate 
     studies, security studies, conflict studies, economic 
     assessments, and environmental security studies, the 
     Secretary of Defense, the Secretary of State, the 
     Administrator of the National Oceanographic and Atmospheric 
     Administration, the Administrator of the National Aeronautics 
     and Space Administration, the Administrator of the 
     Environmental Protection Agency, the Secretary of Energy, and 
     the Secretary of Agriculture, and, if appropriate, 
     multilateral institutions and allies of the United States 
     that have conducted significant research on global climate 
     change.
       (d) Assistance.--
       (1) Agencies of the united states.--In order to produce the 
     National Intelligence Estimate required by subsection (a), 
     the Director of National Intelligence may request any 
     appropriate assistance from any agency, department, or other 
     entity of the United State Government and such agency, 
     department, or other entity shall provide the assistance 
     requested.
       (2) Other entities.--In order to produce the National 
     Intelligence Estimate required by subsection (a), the 
     Director of National Intelligence may request any appropriate 
     assistance from any other person or entity.
       (3) Reimbursement.--The Director of National Intelligence 
     is authorized to provide appropriate reimbursement to the 
     head of an agency, department, or entity of the United States 
     Government that provides support requested under paragraph 
     (1) or any other person or entity that provides assistance 
     requested under paragraph (2).
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Director of National Intelligence 
     such sums as may be necessary to carry out this subsection.
       (e) Form.--The National Intelligence Estimate required by 
     this section shall be submitted in unclassified form, to the 
     extent consistent with the protection of intelligence sources 
     and methods, and include unclassified key judgments of the 
     National Intelligence Estimate. The National Intelligence 
     Estimate may include a classified annex.
       (f) Duplication.--If the Director of National Intelligence 
     determines that a National Intelligence Estimate, or other 
     formal, coordinated intelligence product that meets the 
     procedural requirements of a National Intelligence Estimate, 
     has been prepared that includes the content required by 
     subsection (b) prior to the date of the enactment of this 
     Act, the Director of National Intelligence shall not be 
     required to produce the National Intelligence Estimate 
     required by subsection (a).

     SEC. 4318. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

       (a) Annual Report on Intelligence.--
       (1) Repeal.--Section 109 of the National Security Act of 
     1947 (50 U.S.C. 404d) is repealed.
       (2) Clerical amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     striking the item relating to section 109.
       (b) Annual and Special Reports on Intelligence Sharing With 
     the United Nations.--Section 112 of the National Security Act 
     of 1947 (50 U.S.C. 404g) is amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively.
       (c) Annual Report on Safety and Security of Russian Nuclear 
     Facilities and Forces.--Section 114 of the National Security 
     Act of 1947 (50 U.S.C. 404i) is amended--
       (1) by striking subsection (a); and
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (a), (b), and (c), respectively.
       (d) Annual Certification on Counterintelligence 
     Initiatives.--Section 1102(b) of the National Security Act of 
     1947 (50 U.S.C. 442a(b)) is amended--
       (1) by striking ``(1)''; and
       (2) by striking paragraph (2).
       (e) Report and Certification Under Terrorist Identification 
     Classification System.--Section 343 of the Intelligence 
     Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is 
     amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (d), (e), (f), and (g), respectively.
       (f) Annual Report on Counterdrug Intelligence Matters.--
     Section 826 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (Public Law 107-306; 116 Stat. 2429; 21 U.S.C. 873 
     note) is repealed.
       (g) Semiannual Report on Contributions to Proliferation 
     Efforts of Countries of Proliferation Concern.--Section 722 
     of the Combatting Proliferation of Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2369) is repealed.
       (h) Conforming Amendments.--Section 507(a) of the National 
     Security Act of 1947 (50 U.S.C. 415b(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraphs (A) and (B); and
       (B) by redesignating subparagraphs (C) through (N) as 
     subparagraphs (A) through (L), respectively; and
       (2) in paragraph (2)--
       (A) by striking subparagraphs (A) and (D);
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; and
       (C) in subparagraph (A), as redesignated by subparagraph 
     (B) of this paragraph, by striking ``114(c)'' and inserting 
     ``114(b)''.

 TITLE XLIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

     SEC. 4401. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS BY THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) Responsibility of the Director of National 
     Intelligence.--Subsection (b) of section 102 of the National 
     Security Act of 1947 (50 U.S.C. 403) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3)--
       (A) by striking ``2004,'' and inserting ``2004 (50 U.S.C. 
     403 note),''; and
       (B) by striking the period at the end and inserting a 
     semicolon and ``and''; and
       (3) by inserting after paragraph (3), the following new 
     paragraph:
       ``(4) conduct accountability reviews of elements of the 
     intelligence community and the personnel of such elements, if 
     appropriate.''.
       (b) Tasking and Other Authorities.--Subsection (f) of 
     section 102A of such Act (50 U.S.C. 403-1) is amended--
       (1) by redesignating paragraphs (7) and (8), as paragraphs 
     (8) and (9), respectively; and
       (2) by inserting after paragraph (6), the following new 
     paragraph:
       ``(7)(A) The Director of National Intelligence shall, if 
     the Director determines it is necessary, or may, if requested 
     by a congressional intelligence committee, conduct 
     accountability reviews of elements of the intelligence 
     community or the personnel of such elements in relation to 
     significant failures or deficiencies within the intelligence 
     community.
       ``(B) The Director of National Intelligence, in 
     consultation with the Attorney General, shall establish 
     guidelines and procedures for conducting accountability 
     reviews under subparagraph (A).
       ``(C) The requirements of this paragraph shall not limit 
     any authority of the Director of National Intelligence under 
     subsection (m) or with respect to supervision of the Central 
     Intelligence Agency.''.

     SEC. 4402. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE ON INTELLIGENCE INFORMATION 
                   SHARING.

       (a) Authorities of the Director of National Intelligence.--
     Section 102A(g)(1) of the National Security Act of 1947 (50 
     U.S.C. 403-1(g)(1)) is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(G) in carrying out this subsection, without regard to 
     any other provision of law (other than this Act and the 
     National Security Intelligence Reform Act of 2004 (title I of 
     Public Law 108-458)), expend funds and make funds available 
     to other department or agencies of the United States for, and 
     direct the development and fielding of, systems of common 
     concern related to the collection, processing, analysis, 
     exploitation, and dissemination of intelligence information; 
     and
       ``(H) for purposes of addressing critical gaps in 
     intelligence information sharing or

[[Page S11889]]

     access capabilities, have the authority to transfer funds 
     appropriated for a program within the National Intelligence 
     Program to a program funded by appropriations not within the 
     National Intelligence Program, consistent with paragraphs (3) 
     through (7) of subsection (d).''.
       (b) Authorities of Heads of Other Departments and 
     Agencies.--Notwithstanding any other provision of law, the 
     head of any department or agency of the United States is 
     authorized to receive and utilize funds made available to the 
     department or agency by the Director of National Intelligence 
     pursuant to section 102A(g)(1) of the National Security Act 
     of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection 
     (a), and receive and utilize any system referred to in such 
     section that is made available to the department or agency.

     SEC. 4403. MODIFICATION OF LIMITATION ON DELEGATION BY THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE OF THE 
                   PROTECTION OF INTELLIGENCE SOURCES AND METHODS.

       Section 102A(i)(3) of the National Security Act of 1947 (50 
     U.S.C. 403-1(i)(3)) is amended by inserting before the period 
     the following: ``, any Deputy Director of National 
     Intelligence, or the Chief Information Officer of the 
     Intelligence Community''.

     SEC. 4404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsection:
       ``(s) Additional Administrative Authorities.--(1) 
     Notwithstanding section 1346 of title 31, United States Code, 
     or any other provision of law prohibiting the interagency 
     financing of activities described in subparagraph (A) or (B), 
     upon the request of the Director of National Intelligence, 
     any element of the intelligence community may use 
     appropriated funds to support or participate in the 
     interagency activities of the following:
       ``(A) National intelligence centers established by the 
     Director under section 119B.
       ``(B) Boards, commissions, councils, committees, and 
     similar groups that are established--
       ``(i) for a term of not more than two years; and
       ``(ii) by the Director.
       ``(2) No provision of law enacted after the date of the 
     enactment of the Intelligence Authorization Act for Fiscal 
     Year 2008 shall be construed to limit or supersede the 
     authority in paragraph (1) unless such provision makes 
     specific reference to the authority in that paragraph.''.

     SEC. 4405. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE FOR FLEXIBLE PERSONNEL 
                   MANAGEMENT AMONG THE ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1), as amended by section 4404 of this Act, is 
     further amended by adding at the end the following new 
     subsections:
       ``(t) Authority To Establish Positions in Excepted 
     Service.--(1) The Director of National Intelligence may, with 
     the concurrence of the head of the department or agency 
     concerned and in coordination with the Director of the Office 
     of Personnel Management--
       ``(A) convert such competitive service positions, and their 
     incumbents, within an element of the intelligence community 
     to excepted service positions as the Director of National 
     Intelligence determines necessary to carry out the 
     intelligence functions of such element; and
       ``(B) establish the classification and ranges of rates of 
     basic pay for positions so converted, notwithstanding 
     otherwise applicable laws governing the classification and 
     rates of basic pay for such positions.
       ``(2)(A) At the request of the Director of National 
     Intelligence, the head of a department or agency may 
     establish new positions in the excepted service within an 
     element of such department or agency that is part of the 
     intelligence community if the Director determines that such 
     positions are necessary to carry out the intelligence 
     functions of such element.
       ``(B) The Director of National Intelligence may establish 
     the classification and ranges of rates of basic pay for any 
     position established under subparagraph (A), notwithstanding 
     otherwise applicable laws governing the classification and 
     rates of basic pay for such positions
       ``(3) The head of the department or agency concerned is 
     authorized to appoint individuals for service in positions 
     converted under paragraph (1) or established under paragraph 
     (2) without regard to the provisions of chapter 33 of title 
     5, United States Code, governing appointments in the 
     competitive service, and to fix the compensation of such 
     individuals within the applicable ranges of rates of basic 
     pay established by the Director of National Intelligence.
       ``(4) The maximum rate of basic pay established under this 
     subsection is the rate for level III of the Executive 
     Schedule under section 5314 of title 5, United States Code.
       ``(u) Pay Authority for Critical Positions.--(1) 
     Notwithstanding any pay limitation established under any 
     other provision of law applicable to employees in elements of 
     the intelligence community, the Director of National 
     Intelligence may, in consultation with the Director of the 
     Office of Personnel Management and the Director of the Office 
     of Management and Budget, grant authority to fix the rate of 
     basic pay for one or more positions within the intelligence 
     community at a rate in excess of any applicable limitation, 
     subject to the provisions of this subsection. The exercise of 
     authority so granted is at the discretion of the head of the 
     department or agency employing the individual in a position 
     covered by such authority, subject to the provisions of this 
     subsection and any conditions established by the Director of 
     National Intelligence when granting such authority.
       ``(2) Authority under this subsection may be granted or 
     exercised--
       ``(A) only with respect to a position which requires an 
     extremely high level of expertise and is critical to 
     successful accomplishment of an important mission; and
       ``(B) only to the extent necessary to recruit or retain an 
     individual exceptionally well qualified for the position.
       ``(3) A rate of basic pay may not be fixed under this 
     subsection at a rate greater than the rate payable for level 
     II of the Executive Schedule under section 5312 of title 5, 
     United States Code, except upon written approval of the 
     Director of National Intelligence or as otherwise authorized 
     by law.
       ``(4) A rate of basic pay may not be fixed under this 
     subsection at a rate greater than the rate payable for level 
     I of the Executive Schedule under section 5311 of title 5, 
     United States Code, except upon written approval of the 
     President in response to a request by the Director of 
     National Intelligence or as otherwise authorized by law.
       ``(5) Any grant of authority under this subsection for a 
     position shall terminate at the discretion of the Director of 
     National Intelligence.
       ``(v) Extension of Flexible Personnel Management 
     Authorities.--(1) Notwithstanding any other provision of law, 
     in order to ensure the equitable treatment of employees 
     across the intelligence community, the Director of National 
     Intelligence may, with the concurrence of the head of the 
     department or agency concerned, or for those matters that 
     fall under the responsibilities of the Office of Personnel 
     Management under statute or Executive Order, in coordination 
     with the Director of the Office of Personnel Management, 
     authorize one or more elements of the intelligence community 
     to adopt compensation authority, performance management 
     authority, and scholarship authority that have been 
     authorized for another element of the intelligence community 
     if the Director of National Intelligence--
       ``(A) determines that the adoption of such authority would 
     improve the management and performance of the intelligence 
     community, and
       ``(B) submits to the congressional intelligence committees, 
     not later than 60 days before such authority is to take 
     effect, notice of the adoption of such authority by such 
     element or elements, including the authority to be so 
     adopted, and an estimate of the costs associated with the 
     adoption of such authority.
       ``(2) To the extent that an existing compensation authority 
     within the intelligence community is limited to a particular 
     category of employees or a particular situation, the 
     authority may be adopted in another element of the 
     intelligence community under this subsection only for 
     employees in an equivalent category or in an equivalent 
     situation.
       ``(3) In this subsection, the term `compensation authority' 
     means authority involving basic pay (including position 
     classification), premium pay, awards, bonuses, incentives, 
     allowances, differentials, student loan repayments, and 
     special payments, but does not include authorities as 
     follows:
       ``(A) Authorities related to benefits such as leave, 
     severance pay, retirement, and insurance.
       ``(B) Authority to grant Presidential Rank Awards under 
     sections 4507 and 4507a of title 5, United States Code, 
     section 3151(c) of title 31, United States Code, and any 
     other provision of law.
       ``(C) Compensation authorities and performance management 
     authorities provided under provisions of law relating to the 
     Senior Executive Service.''.

     SEC. 4406. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE 
                   OFFICE OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE.

       Section 103(e) of the National Security Act of 1947 (50 
     U.S.C. 403-3(e)) is amended--
       (1) by striking ``With'' and inserting ``of Headquarters 
     With Headquarters of'';
       (2) by inserting ``the headquarters of'' before ``the 
     Office''; and
       (3) by striking ``any other element'' and inserting ``the 
     headquarters of any other element''.

     SEC. 4407. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND 
                   TECHNOLOGY OF THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       (a) Coordination and Prioritization of Research Conducted 
     by Elements of Intelligence Community.--Subsection (d) of 
     section 103E of the National Security Act of 1947 (50 U.S.C. 
     403-3e) is amended--
       (1) in paragraph (3)(A), by inserting ``and prioritize'' 
     after ``coordinate''; and
       (2) by adding at the end the following new paragraph:
       ``(4) In carrying out paragraph (3)(A), the Committee shall 
     identify basic, advanced, and applied research programs to be 
     carried out by elements of the intelligence community.''.
       (b) Development of Technology Goals.--That section is 
     further amended--
       (1) in subsection (c)--

[[Page S11890]]

       (A) in paragraph (4), by striking ``and'' at the end;
       (B) by redesignating paragraph (5) as paragraph (9); and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) assist the Director in establishing goals for the 
     elements of the intelligence community to meet the technology 
     needs of the intelligence community;
       ``(6) under the direction of the Director, establish 
     engineering standards and specifications applicable to each 
     acquisition of a major system (as that term is defined in 
     section 506A(e)(3)) by the intelligence community;
       ``(7) develop 15-year projections and assessments of the 
     needs of the intelligence community to ensure a robust 
     Federal scientific and engineering workforce and the means to 
     recruit such a workforce through integrated scholarships 
     across the intelligence community, including research grants 
     and cooperative work-study programs;
       ``(8) ensure that each acquisition program of the 
     intelligence community for a major system (as so defined) 
     complies with the standards and specifications established 
     under paragraph (6); and''; and
       (2) by adding at the end the following new subsection:
       ``(e) Goals for Technology Needs of Intelligence 
     Community.--In carrying out subsection (c)(5), the Director 
     of Science and Technology shall--
       ``(1) systematically identify and assess the most 
     significant intelligence challenges that require technical 
     solutions;
       ``(2) examine options to enhance the responsiveness of 
     research and design programs of the elements of the 
     intelligence community to meet the requirements of the 
     intelligence community for timely support; and
       ``(3) assist the Director of National Intelligence in 
     establishing research and development priorities and projects 
     for the intelligence community that--
       ``(A) are consistent with current or future national 
     intelligence requirements;
       ``(B) address deficiencies or gaps in the collection, 
     processing, analysis, or dissemination of national 
     intelligence;
       ``(C) take into account funding constraints in program 
     development and acquisition; and
       ``(D) address system requirements from collection to final 
     dissemination (also known as `end-to-end architecture').''.
       (c) Report.--
       (1) In general.--Not later than June 30, 2008, the Director 
     of National Intelligence shall submit to Congress a report 
     containing a strategy for the development and use of 
     technology in the intelligence community through 2021.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) an assessment of the highest priority intelligence gaps 
     across the intelligence community that may be resolved by the 
     use of technology;
       (B) goals for advanced research and development and a 
     strategy to achieve such goals;
       (C) an explanation of how each advanced research and 
     development project funded under the National Intelligence 
     Program addresses an identified intelligence gap;
       (D) a list of all current and projected research and 
     development projects by research type (basic, advanced, or 
     applied) with estimated funding levels, estimated initiation 
     dates, and estimated completion dates; and
       (E) a plan to incorporate technology from research and 
     development projects into National Intelligence Program 
     acquisition programs.
       (3) Form.--The report under paragraph (1) may be submitted 
     in classified form.

     SEC. 4408. TITLE OF CHIEF INFORMATION OFFICER OF THE 
                   INTELLIGENCE COMMUNITY.

       Section 103G of the National Security Act of 1947 (50 
     U.S.C. 403-3g) is amended--
       (1) in subsection (a), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (2) in subsection (b), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (3) in subsection (c), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer''; and
       (4) in subsection (d), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'' the first 
     place it appears.

     SEC. 4409. RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) Establishment.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended by inserting after 
     section 103G the following new section:


 ``RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
                              INTELLIGENCE

       ``Sec. 103H.  (a) In General.--There is established a fund 
     to be known as the `Reserve for Contingencies of the Office 
     of the Director of National Intelligence' (in this section 
     referred to as the `Reserve').
       ``(b) Elements.--(1) The Reserve shall consist of the 
     following elements:
       ``(A) Amounts authorized to be appropriated to the Reserve.
       ``(B) Amounts authorized to be transferred to or deposited 
     in the Reserve by law.
       ``(2) No amount may be transferred to the Reserve under 
     subparagraph (B) of paragraph (1) during a fiscal year after 
     the date on which a total of $50,000,000 has been transferred 
     to or deposited in the Reserve under subparagraph (A) or (B) 
     of such paragraph.
       ``(c) Amounts Available for Deposit.--Amounts deposited 
     into the Reserve shall be amounts appropriated to the 
     National Intelligence Program.
       ``(d) Availability of Funds.--(1) Amounts in the Reserve 
     shall be available for such purposes as are provided by law 
     for the Office of the Director of National Intelligence or 
     the separate elements of the intelligence community for 
     support of emerging needs, improvements to program 
     effectiveness, or increased efficiency.
       ``(2)(A) Subject to subparagraph (B), amounts in the 
     Reserve may be available for a program or activity if--
       ``(i) the Director of National Intelligence, consistent 
     with the provisions of sections 502 and 503, notifies the 
     congressional intelligence committees of the intention to 
     utilize such amounts for such program or activity; and
       ``(ii) 15 calendar days elapses after the date of such 
     notification.
       ``(B) In addition to the requirements in subparagraph (A), 
     amounts in the Reserve may be available for a program or 
     activity not previously authorized by Congress only with the 
     approval of the Director the Office of Management and Budget.
       ``(3) Use of any amounts in the Reserve shall be subject to 
     the direction and approval of the Director of National 
     Intelligence, or the designee of the Director, and shall be 
     subject to such procedures as the Director may prescribe.
       ``(4) Amounts transferred to or deposited in the Reserve in 
     a fiscal year under subsection (b) shall be available under 
     this subsection in such fiscal year and the fiscal year 
     following such fiscal year.''.
       (b) Applicability.--No funds appropriated prior to the date 
     of the enactment of this Act may be transferred to or 
     deposited in the Reserve for Contingencies of the Office of 
     the Director of National Intelligence established in section 
     103H of the National Security Act of 1947, as added by 
     subsection (a).
       (c) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 103G the 
     following new item:

``Sec. 103H. Reserve for Contingencies of the Office of the Director of 
              National Intelligence.''.

     SEC. 4410. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.), as amended by section 4409 of 
     this Act, is further amended by inserting after section 103H 
     the following new section:


           ``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

       ``Sec. 103I.  (a) Office of Inspector General of 
     Intelligence Community.--There is within the Office of the 
     Director of National Intelligence an Office of the Inspector 
     General of the Intelligence Community.
       ``(b) Purpose.--The purpose of the Office of the Inspector 
     General of the Intelligence Community is to--
       ``(1) create an objective and effective office, 
     appropriately accountable to Congress, to initiate and 
     conduct independently investigations, inspections, and audits 
     on matters within the responsibility and authority of the 
     Director of National Intelligence;
       ``(2) recommend policies designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of matters within the 
     responsibility and authority of the Director of National 
     Intelligence; and
       ``(B) to prevent and detect fraud and abuse in such 
     matters;
       ``(3) provide a means for keeping the Director of National 
     Intelligence fully and currently informed about--
       ``(A) problems and deficiencies relating to matters within 
     the responsibility and authority of the Director of National 
     Intelligence; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of--
       ``(A) significant problems and deficiencies relating to 
     matters within the responsibility and authority of the 
     Director of National Intelligence; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) solely on the basis of integrity, compliance with the 
     security standards of the intelligence community, and prior 
     experience in the field of intelligence or national security; 
     and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.

[[Page S11891]]

       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       ``(d) Duties and Responsibilities.--Subject to subsections 
     (g) and (h), it shall be the duty and responsibility of the 
     Inspector General of the Intelligence Community--
       ``(1) to provide policy direction for, and to plan, 
     conduct, supervise, and coordinate independently, the 
     investigations, inspections, and audits relating to matters 
     within the responsibility and authority of the Director of 
     National Intelligence to ensure they are conducted 
     efficiently and in accordance with applicable law and 
     regulations;
       ``(2) to keep the Director of National Intelligence fully 
     and currently informed concerning violations of law and 
     regulations, violations of civil liberties and privacy, and 
     fraud and other serious problems, abuses, and deficiencies 
     that may occur in matters within the responsibility and 
     authority of the Director, and to report the progress made in 
     implementing corrective action;
       ``(3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports; 
     and
       ``(4) in the execution of the duties and responsibilities 
     under this section, to comply with generally accepted 
     government auditing standards.
       ``(e) Limitations on Activities.--(1) The Director of 
     National Intelligence may prohibit the Inspector General of 
     the Intelligence Community from initiating, carrying out, or 
     completing any investigation, inspection, or audit if the 
     Director determines that such prohibition is necessary to 
     protect vital national security interests of the United 
     States.
       ``(2) If the Director exercises the authority under 
     paragraph (1), the Director shall submit an appropriately 
     classified statement of the reasons for the exercise of such 
     authority within 7 days to the congressional intelligence 
     committees.
       ``(3) The Director shall advise the Inspector General at 
     the time a report under paragraph (2) is submitted, and, to 
     the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such report.
       ``(4) The Inspector General may submit to the congressional 
     intelligence committees any comments on a report of which the 
     Inspector General has notice under paragraph (3) that the 
     Inspector General considers appropriate.
       ``(f) Authorities.--(1) The Inspector General of the 
     Intelligence Community shall have direct and prompt access to 
     the Director of National Intelligence when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       ``(2)(A) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of any element of 
     the intelligence community whose testimony is needed for the 
     performance of the duties of the Inspector General.
       ``(B) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other material which relate to the 
     programs and operations with respect to which the Inspector 
     General has responsibilities under this section.
       ``(C) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (B).
       ``(D) Failure on the part of any employee, or any employee 
     of a contractor, of any element of the intelligence community 
     to cooperate with the Inspector General shall be grounds for 
     appropriate administrative actions by the Director or, on the 
     recommendation of the Director, other appropriate officials 
     of the intelligence community, including loss of employment 
     or the termination of an existing contractual relationship.
       ``(3) The Inspector General is authorized to receive and 
     investigate complaints or information from any person 
     concerning the existence of an activity constituting a 
     violation of laws, rules, or regulations, or mismanagement, 
     gross waste of funds, abuse of authority, or a substantial 
     and specific danger to the public health and safety. Once 
     such complaint or information has been received from an 
     employee of the Federal Government--
       ``(A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       ``(B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint may be taken by any 
     employee in a position to take such actions, unless the 
     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       ``(4) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the Intelligence 
     Community designated by the Inspector General shall have the 
     same force and effect as if administered or taken by or 
     before an officer having a seal.
       ``(5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary in the performance of the duties and 
     responsibilities of the Inspector General.
       ``(B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       ``(C) The Inspector General may not issue a subpoena for or 
     on behalf of any other element of the intelligence community, 
     including the Office of the Director of National 
     Intelligence.
       ``(D) In the case of contumacy or refusal to obey a 
     subpoena issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(g) Coordination Among Inspectors General of Intelligence 
     Community.--(1)(A) In the event of a matter within the 
     jurisdiction of the Inspector General of the Intelligence 
     Community that may be subject to an investigation, 
     inspection, or audit by both the Inspector General of the 
     Intelligence Community and an Inspector General, whether 
     statutory or administrative, with oversight responsibility 
     for an element or elements of the intelligence community, the 
     Inspector General of the Intelligence Community and such 
     other Inspector or Inspectors General shall expeditiously 
     resolve the question of which Inspector General shall conduct 
     such investigation, inspection, or audit.
       ``(B) In attempting to resolve a question under 
     subparagraph (A), the Inspectors General concerned may 
     request the assistance of the Intelligence Community 
     Inspectors General Forum established under subparagraph (C). 
     In the event of a dispute between an Inspector General within 
     a department of the United States Government and the 
     Inspector General of the Intelligence Community that has not 
     been resolved with the assistance of the Forum, the 
     Inspectors General shall submit the question to the Director 
     of National Intelligence and the head of the department for 
     resolution.
       ``(C) There is established the Intelligence Community 
     Inspectors General Forum which shall consist of all statutory 
     or administrative Inspectors General with oversight 
     responsibility for an element or elements of the intelligence 
     community. The Inspector General of the Intelligence 
     Community shall serve as the chair of the Forum. The Forum 
     shall have no administrative authority over any Inspector 
     General, but shall serve as a mechanism for informing its 
     members of the work of individual members of the Forum that 
     may be of common interest and discussing questions about 
     jurisdiction or access to employees, employees of a 
     contractor, records, audits, reviews, documents, 
     recommendations, or other materials that may involve or be of 
     assistance to more than one of its members.
       ``(2) The Inspector General conducting an investigation, 
     inspection, or audit covered by paragraph (1) shall submit 
     the results of such investigation, inspection, or audit to 
     any other Inspector General, including the Inspector General 
     of the Intelligence Community, with jurisdiction to conduct 
     such investigation, inspection, or audit who did not conduct 
     such investigation, inspection, or audit.
       ``(h) Staff and Other Support.--(1) The Inspector General 
     of the Intelligence Community shall be provided with 
     appropriate and adequate office space at central and field 
     office locations, together with such equipment, office 
     supplies, maintenance services, and communications facilities 
     and services as may be necessary for the operation of such 
     offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions of the 
     Inspector General. The Inspector General shall ensure that 
     any officer or employee so selected, appointed, or employed 
     has security clearances appropriate for the assigned duties 
     of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3)(A) Subject to the concurrence of the Director, the 
     Inspector General may request such information or assistance 
     as may be

[[Page S11892]]

     necessary for carrying out the duties and responsibilities of 
     the Inspector General from any department, agency, or other 
     element of the United States Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community, conduct, as authorized by this 
     section, an investigation, inspection, or audit of such 
     element and may enter into any place occupied by such element 
     for purposes of the performance of the duties of the 
     Inspector General.
       ``(i) Reports.--(1)(A) The Inspector General of the 
     Intelligence Community shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the Director of 
     National Intelligence a classified, and, as appropriate, 
     unclassified semiannual report summarizing the activities of 
     the Office of the Inspector General of the Intelligence 
     Community during the immediately preceding 6-month periods 
     ending December 31 (of the preceding year) and June 30, 
     respectively. The Inspector General of the Intelligence 
     Community shall provide any portion of the report involving a 
     component of a department of the United States Government to 
     the head of that department simultaneously with submission of 
     the report to the Director of National Intelligence.
       ``(B) Each report under this paragraph shall include, at a 
     minimum, the following:
       ``(i) A list of the title or subject of each investigation, 
     inspection, or audit conducted during the period covered by 
     such report, including a summary of the progress of each 
     particular investigation, inspection, or audit since the 
     preceding report of the Inspector General under this 
     paragraph.
       ``(ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration and 
     implementation of programs and operations of the intelligence 
     community, and in the relationships between elements of the 
     intelligence community, identified by the Inspector General 
     during the period covered by such report.
       ``(iii) A description of the recommendations for corrective 
     or disciplinary action made by the Inspector General during 
     the period covered by such report with respect to significant 
     problems, abuses, or deficiencies identified in clause (ii).
       ``(iv) A statement whether or not corrective or 
     disciplinary action has been completed on each significant 
     recommendation described in previous semiannual reports, and, 
     in a case where corrective action has been completed, a 
     description of such corrective action.
       ``(v) A certification whether or not the Inspector General 
     has had full and direct access to all information relevant to 
     the performance of the functions of the Inspector General.
       ``(vi) A description of the exercise of the subpoena 
     authority under subsection (f)(5) by the Inspector General 
     during the period covered by such report.
       ``(vii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy, 
     efficiency, and effectiveness in the administration and 
     implementation of matters within the responsibility and 
     authority of the Director of National Intelligence, and to 
     detect and eliminate fraud and abuse in such matters.
       ``(C) Not later than the 30 days after the date of receipt 
     of a report under subparagraph (A), the Director shall 
     transmit the report to the congressional intelligence 
     committees together with any comments the Director considers 
     appropriate. The Director shall transmit to the committees of 
     the Senate and of the House of Representatives with 
     jurisdiction over a department of the United States 
     Government any portion of the report involving a component of 
     such department simultaneously with submission of the report 
     to the congressional intelligence committees.
       ``(2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to matters within the responsibility 
     and authority of the Director of National Intelligence.
       ``(B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within seven calendar days of receipt of such report, 
     together with such comments as the Director considers 
     appropriate. The Director shall transmit to the committees of 
     the Senate and of the House of Representatives with 
     jurisdiction over a department of the United States 
     Government any portion of each report under subparagraph (A) 
     that involves a problem, abuse, or deficiency related to a 
     component of such department simultaneously with transmission 
     of the report to the congressional intelligence committees
       ``(3) In the event that--
       ``(A) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       ``(B) an investigation, inspection, or audit carried out by 
     the Inspector General focuses on any current or former 
     intelligence community official who--
       ``(i) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, whether or not by and with the advice and consent 
     of the Senate, including such a position held on an acting 
     basis;
       ``(ii) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the Director of National 
     Intelligence; or
       ``(iii) holds or held a position as head of an element of 
     the intelligence community or a position covered by 
     subsection (b) or (c) of section 106;
       ``(C) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former official described in subparagraph (B);
       ``(D) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in subparagraph (B); or
       ``(E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,

     the Inspector General shall immediately notify and submit a 
     report on such matter to the congressional intelligence 
     committees.
       ``(4) Pursuant to title V, the Director shall submit to the 
     congressional intelligence committees any report or findings 
     and recommendations of an investigation, inspection, or audit 
     conducted by the office which has been requested by the 
     Chairman or Vice Chairman or Ranking Minority Member of 
     either committee.
       ``(5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of a contractor to 
     the intelligence community who intends to report to Congress 
     a complaint or information with respect to an urgent concern 
     may report such complaint or information to the Inspector 
     General.
       ``(B) Not later than the end of the 14-calendar day period 
     beginning on the date of receipt from an employee of a 
     complaint or information under subparagraph (A), the 
     Inspector General shall determine whether the complaint or 
     information appears credible. Upon making such a 
     determination, the Inspector General shall transmit to the 
     Director a notice of that determination, together with the 
     complaint or information.
       ``(C) Upon receipt of a transmittal from the Inspector 
     General under subparagraph (B), the Director shall, within 
     seven calendar days of such receipt, forward such transmittal 
     to the congressional intelligence committees, together with 
     any comments the Director considers appropriate.
       ``(D)(i) If the Inspector General does not find credible 
     under subparagraph (B) a complaint or information submitted 
     under subparagraph (A), or does not transmit the complaint or 
     information to the Director in accurate form under 
     subparagraph (B), the employee (subject to clause (ii)) may 
     submit the complaint or information to Congress by contacting 
     either or both of the congressional intelligence committees 
     directly.
       ``(ii) An employee may contact the intelligence committees 
     directly as described in clause (i) only if the employee--
       ``(I) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact the congressional intelligence 
     committees directly; and
       ``(II) obtains and follows from the Director, through the 
     Inspector General, direction on how to contact the 
     intelligence committees in accordance with appropriate 
     security practices.
       ``(iii) A member or employee of one of the congressional 
     intelligence committees who receives a complaint or 
     information under clause (i) does so in that member or 
     employee's official capacity as a member or employee of such 
     committee.
       ``(E) The Inspector General shall notify an employee who 
     reports a complaint or information to the Inspector General 
     under this paragraph of each action taken under this 
     paragraph with respect to the complaint or information. Such 
     notice shall be provided not later than 3 days after any such 
     action is taken.
       ``(F) An action taken by the Director or the Inspector 
     General under this paragraph shall not be subject to judicial 
     review.
       ``(G) In this paragraph, the term `urgent concern' means 
     any of the following:
       ``(i) A serious or flagrant problem, abuse, violation of 
     law or Executive order, or deficiency relating to the 
     funding, administration, or operation of an intelligence 
     activity involving classified information, but does not 
     include differences of opinions concerning public policy 
     matters.
       ``(ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       ``(iii) An action, including a personnel action described 
     in section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (f)(3)(B) of this section in response to an 
     employee's reporting an urgent concern in accordance with 
     this paragraph.
       ``(H) In support of this paragraph, Congress makes the 
     findings set forth in paragraphs

[[Page S11893]]

     (1) through (6) of section 701(b) of the Intelligence 
     Community Whistleblower Protection Act of 1998 (title VII of 
     Public Law 105-272; 5 U.S.C. App. 8H note).
       ``(6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall report to the 
     Attorney General any information, allegation, or complaint 
     received by the Inspector General relating to violations of 
     Federal criminal law that involves a program or operation of 
     an element of the intelligence community, or in the 
     relationships between the elements of the intelligence 
     community, consistent with such guidelines as may be issued 
     by the Attorney General pursuant to subsection (b)(2) of such 
     section. A copy of each such report shall be furnished to the 
     Director.
       ``(j) Separate Budget Account.--The Director of National 
     Intelligence shall, in accordance with procedures to be 
     issued by the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of Inspector 
     General of the Intelligence Community.
       ``(k) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (g), the performance by the Inspector General of 
     the Intelligence Community of any duty, responsibility, or 
     function regarding an element of the intelligence community 
     shall not be construed to modify or effect the duties and 
     responsibilities of any other Inspector General, whether 
     statutory or administrative, having duties and 
     responsibilities relating to such element.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the National Security Act of 1947, as amended by 
     section 4409 of this Act, is further amended by inserting 
     after the item relating to section 103H the following new 
     item:

``Sec. 103I. Inspector General of the Intelligence Community.''.
       (b) Repeal of Superseded Authority To Establish Position.--
     Section 8K of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is repealed.
       (c) Executive Schedule Level IV.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Inspector General of the Intelligence Community.''.

     SEC. 4411. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 
                   OFFICIALS.

       (a) National Counter Proliferation Center.--Section 119A(a) 
     of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is 
     amended--
       (1) by striking ``(a) Establishment.--Not later than 18 
     months after the date of the enactment of the National 
     Security Intelligence Reform Act of 2004, the'' and inserting 
     the following:
       ``(a) In General.--
       ``(1) Establishment.--The''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Director.--The head of the National Counter 
     Proliferation Center shall be the Director of the National 
     Counter Proliferation Center, who shall be appointed by the 
     Director of National Intelligence.
       ``(3) Location.--The National Counter Proliferation Center 
     shall be located within the Office of the Director of 
     National Intelligence.''.
       (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
     3(c)) is amended--
       (1) by redesignating paragraph (9) as paragraph (13); and
       (2) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) The Chief Information Officer of the Intelligence 
     Community.
       ``(10) The Inspector General of the Intelligence Community.
       ``(11) The Director of the National Counterterrorism 
     Center.
       ``(12) The Director of the National Counter Proliferation 
     Center.''.

     SEC. 4412. NATIONAL SPACE INTELLIGENCE OFFICE.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.) is amended by adding at the end 
     the following new section:


                  ``NATIONAL SPACE INTELLIGENCE OFFICE

       ``Sec. 119C.  (a) Establishment.--There is established 
     within the Office of the Director of National Intelligence a 
     National Space Intelligence Office.
       ``(b) Director of National Space Intelligence Office.--The 
     National Intelligence Officer for Science and Technology, or 
     a successor position designated by the Director of National 
     Intelligence, shall act as the Director of the National Space 
     Intelligence Office.
       ``(c) Missions.--The National Space Intelligence Office 
     shall have the following missions:
       ``(1) To coordinate and provide policy direction for the 
     management of space-related intelligence assets.
       ``(2) To prioritize collection activities consistent with 
     the National Intelligence Collection Priorities framework, or 
     a successor framework or other document designated by the 
     Director of National Intelligence.
       ``(3) To provide policy direction for programs designed to 
     ensure a sufficient cadre of government and nongovernment 
     personnel in fields relating to space intelligence, including 
     programs to support education, recruitment, hiring, training, 
     and retention of qualified personnel.
       ``(4) To evaluate independent analytic assessments of 
     threats to classified United States space intelligence 
     systems throughout all phases of the development, 
     acquisition, and operation of such systems.
       ``(d) Access to Information.--The Director of National 
     Intelligence shall ensure that the National Space 
     Intelligence Office has access to all national intelligence 
     information (as appropriate), and such other information (as 
     appropriate and practical), necessary for the Office to carry 
     out the missions of the Office under subsection (c).
       ``(e) Separate Budget Account.--The Director of National 
     Intelligence shall include in the National Intelligence 
     Program budget a separate line item for the National Space 
     Intelligence Office.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 119B the 
     following new item:

``Sec. 119C. National Space Intelligence Office.''.
       (b) Report on Organization of Office.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     National Space Intelligence Office shall submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on the organizational structure of 
     the National Space Intelligence Office established by section 
     119C of the National Security Act of 1947 (as added by 
     subsection (a)).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The proposed organizational structure of the National 
     Space Intelligence Office.
       (B) An identification of key participants in the Office.
       (C) A strategic plan for the Office during the five-year 
     period beginning on the date of the report.

     SEC. 4413. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       (a) In General.--Title VII of the National Security Act of 
     1947 (50 U.S.C. 431 et seq.) is amended by adding at the end 
     the following new section:


``PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
                              INTELLIGENCE

       ``Sec. 706.  (a) Records From Exempted Operational Files.--
     (1) Any record disseminated or otherwise provided to an 
     element of the Office of the Director of National 
     Intelligence from the exempted operational files of elements 
     of the intelligence community designated in accordance with 
     this title, and any operational files created by the Office 
     of the Director of National Intelligence that incorporate 
     such record in accordance with subparagraph (A)(ii), shall be 
     exempted from the provisions of section 552 of title 5, 
     United States Code that require search, review, publication 
     or disclosure in connection therewith, in any instance in 
     which--
       ``(A)(i) such record is shared within the Office of the 
     Director of National Intelligence and not disseminated by 
     that Office beyond that Office; or
       ``(ii) such record is incorporated into new records created 
     by personnel of the Office of the Director of National 
     Intelligence and maintained in operational files of the 
     Office of the Director of National Intelligence and such 
     record is not disseminated by that Office beyond that Office; 
     and
       ``(B) the operational files from which such record has been 
     obtained continue to remain designated as operational files 
     exempted from section 552 of title 5, United States Code.
       ``(2) The operational files of the Office of the Director 
     of National Intelligence referred to in paragraph (1)(A)(ii) 
     shall be similar in nature to the originating operational 
     files from which the record was disseminated or provided, as 
     such files are defined in this title.
       ``(3) Records disseminated or otherwise provided to the 
     Office of the Director of National Intelligence from other 
     elements of the intelligence community that are not protected 
     by paragraph (1), and that are authorized to be disseminated 
     beyond the Office of the Director of National Intelligence, 
     shall remain subject to search and review under section 552 
     of title 5, United States Code, but may continue to be 
     exempted from the publication and disclosure provisions of 
     that section by the originating agency to the extent that 
     such section permits.
       ``(4) Notwithstanding any other provision of this title, 
     records in the exempted operational files of the Central 
     Intelligence Agency, the National Geospatial-Intelligence 
     Agency, the National Reconnaissance Office, the National 
     Security Agency, or the Defense Intelligence Agency shall not 
     be subject to the search and review provisions of section 552 
     of title 5, United States Code, solely because they have been 
     disseminated to an element or elements of the Office of the 
     Director of National Intelligence, or referenced in 
     operational files of the Office of the Director of National 
     Intelligence and that are not disseminated beyond the Office 
     of the Director of National Intelligence.
       ``(5) Notwithstanding any other provision of this title, 
     the incorporation of records from the operational files of 
     the Central Intelligence Agency, the National Geospatial-
     Intelligence Agency, the National Reconnaissance Office, the 
     National Security Agency, or the Defense Intelligence Agency, 
     into operational files of the Office of the Director of 
     National Intelligence shall not subject that record or the 
     operational files of the Central Intelligence Agency, the 
     National Geospatial-Intelligence Agency, the

[[Page S11894]]

     National Reconnaissance Office, the National Security Agency 
     or the Defense Intelligence Agency to the search and review 
     provisions of section 552 of title 5, United States Code.
       ``(b) Other Records.--(1) Files in the Office of the 
     Director of National Intelligence that are not exempted under 
     subsection (a) of this section which contain information 
     derived or disseminated from exempted operational files shall 
     be subject to search and review under section 552 of title 5, 
     United States Code.
       ``(2) The inclusion of information from exempted 
     operational files in files of the Office of the Director of 
     National Intelligence that are not exempted under subsection 
     (a) shall not affect the exemption of the originating 
     operational files from search, review, publication, or 
     disclosure.
       ``(3) Records from exempted operational files of the Office 
     of the Director of National Intelligence which have been 
     disseminated to and referenced in files that are not exempted 
     under subsection (a), and which have been returned to 
     exempted operational files of the Office of the Director of 
     National Intelligence for sole retention, shall be subject to 
     search and review.
       ``(c) Search and Review for Certain Purposes.--
     Notwithstanding subsection (a), exempted operational files 
     shall continue to be subject to search and review for 
     information concerning any of the following:
       ``(1) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code.
       ``(2) Any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code.
       ``(3) The specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       ``(A) The Select Committee on Intelligence of the Senate.
       ``(B) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(C) The Intelligence Oversight Board.
       ``(D) The Department of Justice.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Office of the Inspector General of the 
     Intelligence Community.
       ``(d) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of National 
     Intelligence shall review the operational files exempted 
     under subsection (a) to determine whether such files, or any 
     portion of such files, may be removed from the category of 
     exempted files.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of the particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that Director of National 
     Intelligence has improperly withheld records because of 
     failure to comply with this subsection may seek judicial 
     review in the district court of the United States of the 
     district in which any of the parties reside, or in the 
     District of Columbia. In such a proceeding, the court's 
     review shall be limited to determining the following:
       ``(A) Whether the Director has conducted the review 
     required by paragraph (1) before the expiration of the 10-
     year period beginning on the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2008 or before 
     the expiration of the 10-year period beginning on the date of 
     the most recent review.
       ``(B) Whether the Director of National Intelligence, in 
     fact, considered the criteria set forth in paragraph (2) in 
     conducting the required review.
       ``(e) Supersedure of Other Laws.--The provisions of this 
     section may not be superseded except by a provision of law 
     that is enacted after the date of the enactment of this 
     section and that specifically cites and repeals or modifies 
     such provisions.
       ``(f) Applicability.--The Director of National Intelligence 
     will publish a regulation listing the specific elements 
     within the Office of the Director of National Intelligence 
     whose records can be exempted from search and review under 
     this section.
       ``(g) Allegation; Improper Withholding of Records; Judicial 
     Review.--(1) Except as provided in paragraph (2), whenever 
     any person who has requested agency records under section 552 
     of title 5, United States Code, alleges that the Office of 
     the Director of National Intelligence has withheld records 
     improperly because of failure to comply with any provision of 
     this section, judicial review shall be available under the 
     terms set forth in section 552(a)(4)(B) of title 5, United 
     States Code.
       ``(2) Judicial review shall not be available in the manner 
     provided for under paragraph (1) as follows:
       ``(A) In any case in which information specifically 
     authorized under criteria established by an Executive order 
     to be kept secret in the interests of national defense or 
     foreign relations is filed with, or produced for, the court 
     by the Office of the Director of National Intelligence, such 
     information shall be examined ex parte, in camera by the 
     court.
       ``(B) The court shall determine, to the fullest extent 
     practicable, the issues of fact based on sworn written 
     submissions of the parties.
       ``(C) When a complainant alleges that requested records are 
     improperly withheld because of improper placement solely in 
     exempted operational files, the complainant shall support 
     such allegation with a sworn written submission based upon 
     personal knowledge or otherwise admissible evidence.
       ``(D)(i) When a complainant alleges that requested records 
     were improperly withheld because of improper exemption of 
     operational files, the Office of the Director of National 
     Intelligence shall meet its burden under section 552(a)(4)(B) 
     of title 5, United States Code, by demonstrating to the court 
     by sworn written submission that exempted operational files 
     likely to contain responsive records currently meet the 
     criteria set forth in subsection.
       ``(ii) The court may not order the Office of the Director 
     of National Intelligence to review the content of any 
     exempted operational file or files in order to make the 
     demonstration required under clause (i), unless the 
     complainant disputes the Office's showing with a sworn 
     written submission based on personal knowledge or otherwise 
     admissible evidence.
       ``(E) In proceedings under subparagraphs (C) and (D), the 
     parties may not obtain discovery pursuant to rules 26 through 
     36 of the Federal Rules of Civil Procedure, except that 
     requests for admissions may be made pursuant to rules 26 and 
     36.
       ``(F) If the court finds under this subsection that the 
     Office of the Director of National Intelligence has 
     improperly withheld requested records because of failure to 
     comply with any provision of this section, the court shall 
     order the Office to search and review the appropriate 
     exempted operational file or files for the requested records 
     and make such records, or portions thereof, available in 
     accordance with the provisions of section 552 of title 5, 
     United States Code, and such order shall be the exclusive 
     remedy for failure to comply with this section.
       ``(G) If at any time following the filing of a complaint 
     pursuant to this paragraph the Office of the Director of 
     National Intelligence agrees to search the appropriate 
     exempted operational file or files for the requested records, 
     the court shall dismiss the claim based upon such 
     complaint.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 705 the 
     following new item:

``Sec. 706. Operational files in the Office of the Director of National 
              Intelligence.''.

     SEC. 4414. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 
                   OFFICE OF THE NATIONAL COUNTER-INTELLIGENCE 
                   EXECUTIVE.

       (a) Repeal of Certain Authorities.--Section 904 of the 
     Counterintelligence Enhancement Act of 2002 (title IX of 
     Public Law 107-306; 50 U.S.C. 402c) is amended--
       (1) by striking subsections (d), (h), (i), and (j); and
       (2) by redesignating subsections (e), (f), (g), (k), (l), 
     and (m) as subsections (d), (e), (f), (g), (h), and (i), 
     respectively; and
       (3) in subsection (f), as redesignated by paragraph (2), by 
     striking paragraphs (3) and (4).
       (b) Conforming Amendments.--That section is further 
     amended--
       (1) in subsection (d), as redesignated by subsection (a)(2) 
     of this section, by striking ``subsection (f)'' each place it 
     appears in paragraphs (1) and (2) and inserting ``subsection 
     (e)''; and
       (2) in subsection (e), as so redesignated--
       (A) in paragraph (1), by striking ``subsection (e)(1)'' and 
     inserting ``subsection (d)(1)''; and
       (B) in paragraph (2), by striking ``subsection (e)(2)'' and 
     inserting ``subsection (d)(2)''.

     SEC. 4415. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 
                   TO ADVISORY COMMITTEES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       Section 4(b) of the Federal Advisory Committee Act (5 
     U.S.C. App.) is amended--
       (1) in paragraph (1), by striking ``or'';
       (2) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the Office of the Director of National 
     Intelligence.''.

     SEC. 4416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE ON THE TRANSPORTATION SECURITY 
                   OVERSIGHT BOARD.

       Subparagraph (F) of section 115(b)(1) of title 49, United 
     States Code, is amended to read as follows:
       ``(F) The Director of National Intelligence, or the 
     Director's designee.''.

     SEC. 4417. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR 
                   OF NATIONAL INTELLIGENCE AND THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       Subsection (j) of section 552a of title 5, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) maintained by the Office of the Director of National 
     Intelligence; or''.

[[Page S11895]]

                Subtitle B--Central Intelligence Agency

     SEC. 4421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       (a) Establishment of Position of Deputy Director of Central 
     Intelligence Agency.--Subsection (a) of section 104A of the 
     National Security Act of 1947 (50 U.S.C. 403-4a) is amended--
       (1) by redesignating subsections (b), (c), (d), (e), (f), 
     and (g) as subsections (d), (e), (f), (g), (h), and (i) 
     respectively; and
       (2) by inserting after subsection (a) the following new 
     subsections (b) and (c):
       ``(b) Deputy Director of Central Intelligence Agency.--(1) 
     There is a Deputy Director of the Central Intelligence Agency 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate.
       ``(2) The Deputy Director of the Central Intelligence 
     Agency shall assist the Director of the Central Intelligence 
     Agency in carrying out the duties and responsibilities of the 
     Director.
       ``(3) The Deputy Director of the Central Intelligence 
     Agency shall act for, and exercise the powers of, the 
     Director of the Central Intelligence Agency during the 
     absence or disability of the Director of the Central 
     Intelligence Agency or during a vacancy in the position of 
     Director of the Central Intelligence Agency.
       ``(c) Military Status of Director of the Central 
     Intelligence Agency and Deputy Director of Central 
     Intelligence Agency.--(1) Not more than one of the 
     individuals serving in the positions specified in subsection 
     (a) and (b) may be a commissioned officer of the Armed Forces 
     in active status.
       ``(2) A commissioned officer of the Armed Forces who is 
     serving as the Director or Deputy Director of the Central 
     Intelligence Agency or is engaged in administrative 
     performance of the duties of Director or Deputy Director of 
     the Central Intelligence Agency shall not, while continuing 
     in such service, or in the administrative performance of such 
     duties--
       ``(A) be subject to supervision or control by the Secretary 
     of Defense or by any officer or employee of the Department of 
     Defense; or
       ``(B) exercise, by reason of the officer's status as a 
     commissioned officer, any supervision or control with respect 
     to any of the military or civilian personnel of the 
     Department of Defense except as otherwise authorized by law.
       ``(3) Except as provided in subparagraph (A) or (B) of 
     paragraph (2), the service, or the administrative performance 
     of duties, described in that paragraph by an officer 
     described in that paragraph shall not affect the status, 
     position, rank, or grade of such officer in the Armed Forces, 
     or any emolument, perquisite, right, privilege, or benefit 
     incident to or arising out of such status, position, rank, or 
     grade.
       ``(4) A commissioned officer described in paragraph (2), 
     while serving, or continuing in the administrative 
     performance of duties, as described in that paragraph and 
     while remaining on active duty, shall continue to receive 
     military pay and allowances. Funds from which such pay and 
     allowances are paid shall be reimbursed from funds available 
     to the Director of the Central Intelligence Agency.''.
       (b) Conforming Amendment.--Paragraph (2) of subsection (e) 
     of such section, as redesignated by subsection (a)(1) of this 
     section, is further amended by striking ``subsection (d)'' 
     and inserting ``subsection (f)''.
       (c) Executive Schedule Level III.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Deputy Director of the Central Intelligence Agency.''.
       (d) Role of DNI in Appointment.--Section 106(b)(2) of the 
     National Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is 
     amended by adding at the end the following new subparagraph:
       ``(J) The Deputy Director of the Central Intelligence 
     Agency.''.
       (e) Effective Date and Applicability.--The amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act and shall apply upon the earlier of--
       (1) the date of the nomination by the President of an 
     individual to serve as Deputy Director of the Central 
     Intelligence Agency, except that the individual 
     administratively performing the duties of the Deputy Director 
     of the Central Intelligence Agency as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to the position of Deputy Director of the Central 
     Intelligence Agency, by and with the advice and consent of 
     the Senate, assumes the duties of such position; or
       (2) the date of the cessation of the performance of the 
     duties of Deputy Director of the Central Intelligence Agency 
     by the individual administratively performing such duties as 
     of the date of the enactment of this Act.

     SEC. 4422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL 
                   INTELLIGENCE AGENCY OF REQUIREMENT FOR ANNUAL 
                   REPORT ON PROGRESS IN AUDITABLE FINANCIAL 
                   STATEMENTS.

       Section 114A of the National Security Act of 1947 (50 
     U.S.C. 404i-1) is amended by striking ``the Director of the 
     Central Intelligence Agency,''.

     SEC. 4423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 
                   PROTECTIVE PERSONNEL OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       Section 5(a)(4) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403f(a)(4)) is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in subparagraph (A), as so designated--
       (A) by striking ``and the protection'' and inserting ``the 
     protection''; and
       (B) by striking the semicolon and inserting ``, and the 
     protection of the Director of National Intelligence and such 
     personnel of the Office of the Director of National 
     Intelligence as the Director of National Intelligence may 
     designate; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Authorize personnel engaged in the performance of 
     protective functions authorized pursuant to subparagraph (A), 
     when engaged in the performance of such functions, to make 
     arrests without warrant for any offense against the United 
     States committed in the presence of such personnel, or for 
     any felony cognizable under the laws of the United States, if 
     such personnel have reasonable grounds to believe that the 
     person to be arrested has committed or is committing such 
     felony, except that any authority pursuant to this 
     subparagraph may be exercised only in accordance with 
     guidelines approved by the Director and the Attorney General 
     and such personnel may not exercise any authority for the 
     service of civil process or for the investigation of criminal 
     offenses;''.

     SEC. 4424. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN 
                   CENTRAL INTELLIGENCE AGENCY POSITIONS.

       Section 17(d)(3)(B)(ii) of the Central Intelligence Agency 
     Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
       (1) in subclause (I), by striking ``Executive Director'' 
     and inserting ``Associate Deputy Director'';
       (2) in subclause (II), by striking ``Deputy Director for 
     Operations'' and inserting ``Director of the National 
     Clandestine Service''; and
       (3) in subclause (IV), by striking ``Deputy Director for 
     Administration'' and inserting ``Director for Support''.

     SEC. 4425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR 
                   AMERICA.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the 
     advisability of providing Federal retirement benefits to 
     United States citizens for the service of such individuals 
     before 1977 as employees of Air America or an associated 
     company while such company was owned or controlled by the 
     United States Government and operated or managed by the 
     Central Intelligence Agency.
       (b) Report Elements.--(1) The report required by subsection 
     (a) shall include the following:
       (A) The history of Air America and associated companies 
     before 1977, including a description of--
       (i) the relationship between such companies and the Central 
     Intelligence Agency and other elements of the United States 
     Government;
       (ii) the workforce of such companies;
       (iii) the missions performed by such companies and their 
     employees for the United States; and
       (iv) the casualties suffered by employees of such companies 
     in the course of their employment with such companies.
       (B) A description of the retirement benefits contracted for 
     or promised to the employees of such companies before 1977, 
     the contributions made by such employees for such benefits, 
     the retirement benefits actually paid such employees, the 
     entitlement of such employees to the payment of future 
     retirement benefits, and the likelihood that former employees 
     of such companies will receive any future retirement 
     benefits.
       (C) An assessment of the difference between--
       (i) the retirement benefits that former employees of such 
     companies have received or will receive by virtue of their 
     employment with such companies; and
       (ii) the retirement benefits that such employees would have 
     received and in the future receive if such employees had 
     been, or would now be, treated as employees of the United 
     States whose services while in the employ of such companies 
     had been or would now be credited as Federal service for the 
     purpose of Federal retirement benefits.
       (D) Any recommendations regarding the advisability of 
     legislative action to treat employment at such companies as 
     Federal service for the purpose of Federal retirement 
     benefits in light of the relationship between such companies 
     and the United States Government and the services and 
     sacrifices of such employees to and for the United States, 
     and if legislative action is considered advisable, a proposal 
     for such action and an assessment of its costs.
       (2) The Director of National Intelligence shall include in 
     the report any views of the Director of the Central 
     Intelligence Agency on the matters covered by the report that 
     the Director of the Central Intelligence Agency considers 
     appropriate.
       (c) Assistance of Comptroller General.--The Comptroller 
     General of the United States shall, upon the request of the 
     Director of National Intelligence and in a manner consistent 
     with the protection of classified information, assist the 
     Director in the preparation of the report required by 
     subsection (a).
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

[[Page S11896]]

       (e) Definitions.--In this section:
       (1) The term ``Air America'' means Air America, 
     Incorporated.
       (2) The term ``associated company'' means any company 
     associated with or subsidiary to Air America, including Air 
     Asia Company Limited and the Pacific Division of Southern Air 
     Transport, Incorporated.

              Subtitle C--Defense Intelligence Components

     SEC. 4431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING 
                   PROGRAM.

       (a) Termination of Employees.--Subsection (d)(1)(C) of 
     section 16 of the National Security Agency Act of 1959 (50 
     U.S.C. 402 note) is amended by striking ``terminated either 
     by'' and all that follows and inserting ``terminated--
       ``(i) by the Agency due to misconduct by the employee;
       ``(ii) by the employee voluntarily; or
       ``(iii) by the Agency for the failure of the employee to 
     maintain such level of academic standing in the educational 
     course of training as the Director of the National Security 
     Agency shall have specified in the agreement of the employee 
     under this subsection; and''.
       (b) Authority To Withhold Disclosure of Affiliation With 
     NSA.--Subsection (e) of such section is amended by striking 
     ``(1) When an employee'' and all that follows through ``(2) 
     Agency efforts'' and inserting ``Agency efforts''.

     SEC. 4432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY 
                   AGENCY PROTECTIVE PERSONNEL.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by adding at the end the following new 
     section:
       ``Sec. 21. (a) The Director is authorized to designate 
     personnel of the Agency to perform protective functions for 
     the Director and for any personnel of the Agency designated 
     by the Director.
       ``(b)(1) In the performance of protective functions under 
     this section, personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) are 
     authorized, when engaged in the performance of such 
     functions, to make arrests without a warrant for--
       ``(A) any offense against the United States committed in 
     the presence of such personnel; or
       ``(B) any felony cognizable under the laws of the United 
     States if such personnel have reasonable grounds to believe 
     that the person to be arrested has committed or is committing 
     such felony.
       ``(2) The authority in paragraph (1) may be exercised only 
     in accordance with guidelines approved by the Director and 
     the Attorney General.
       ``(3) Personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) shall not 
     exercise any authority for the service of civil process or 
     the investigation of criminal offenses.
       ``(c) Nothing in this section shall be construed to impair 
     or otherwise affect any authority under any other provision 
     of law relating to the performance of protective 
     functions.''.

     SEC. 4433. INSPECTOR GENERAL MATTERS.

       (a) Coverage Under Inspector General Act of 1978.--
     Subsection (a)(2) of section 8G of the Inspector General Act 
     of 1978 (5 U.S.C. App. 8G) is amended--
       (1) by inserting ``the Defense Intelligence Agency,'' after 
     ``the Corporation for Public Broadcasting,'';
       (2) by inserting ``the National Geospatial-Intelligence 
     Agency,'' after ``the National Endowment for the Arts,''; and
       (3) by inserting ``the National Reconnaissance Office, the 
     National Security Agency,'' after ``the National Labor 
     Relations Board,''.
       (b) Certain Designations Under Inspector General Act of 
     1978.--Subsection (a) of section 8H of the Inspector General 
     Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the 
     end the following new paragraph:
       ``(3) The Inspectors General of the Defense Intelligence 
     Agency, the National Geospatial-Intelligence Agency, the 
     National Reconnaissance Office, and the National Security 
     Agency shall be designees of the Inspector General of the 
     Department of Defense for purposes of this section.''.
       (c) Power of Heads of Elements Over Investigations.--
     Subsection (d) of section 8G of that Act--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) in the second sentence of paragraph (1), as designated 
     by paragraph (1) of this subsection, by striking ``The head'' 
     and inserting ``Except as provided in paragraph (2), the 
     head''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) The Director of National Intelligence or the 
     Secretary of Defense may prohibit the Inspector General of an 
     element of the intelligence community specified in 
     subparagraph (D) from initiating, carrying out, or completing 
     any audit or investigation if the Director or the Secretary, 
     as the case may be, determines that the prohibition is 
     necessary to protect vital national security interests of the 
     United States.
       ``(B) If the Director or the Secretary exercises the 
     authority under subparagraph (A), the Director or the 
     Secretary, as the case may be, shall submit to the committees 
     of Congress specified in subparagraph (E) an appropriately 
     classified statement of the reasons for the exercise of the 
     authority not later than seven days after the exercise of the 
     authority.
       ``(C) At the same time the Director or the Secretary 
     submits under subparagraph (B) a statement on the exercise of 
     the authority in subparagraph (A) to the committees of 
     Congress specified in subparagraph (E), the Director or the 
     Secretary, as the case may be, shall notify the Inspector 
     General of such element of the submittal of such statement 
     and, to the extent consistent with the protection of 
     intelligence sources and methods, provide the Inspector 
     General with a copy of such statement. The Inspector General 
     may submit to such committees of Congress any comments on a 
     notice or statement received by the Inspector General under 
     this subparagraph that the Inspector General considers 
     appropriate.
       ``(D) The elements of the intelligence community specified 
     in this subparagraph are as follows:
       ``(i) The Defense Intelligence Agency.
       ``(ii) The National Geospatial-Intelligence Agency.
       ``(iii) The National Reconnaissance Office.
       ``(iv) The National Security Agency.
       ``(E) The committees of Congress specified in this 
     subparagraph are--
       ``(i) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(ii) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''.

     SEC. 4434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN 
                   COMPONENTS OF THE INTELLIGENCE COMMUNITY.

       (a) Director of National Security Agency.--The National 
     Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 
     by inserting after the first section the following new 
     section:
       ``Sec. 2. (a) There is a Director of the National Security 
     Agency.
       ``(b) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(c) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law.''.
       (b) Director of National Geospatial-Intelligence Agency.--
     Section 441(b) of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Director of the National Geospatial Intelligence 
     Agency shall be appointed by the President, by and with the 
     advice and consent of the Senate.''.
       (c) Director of National Reconnaissance Office.--The 
     Director of the National Reconnaissance Office shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (d) Positions of Importance and Responsibility.--
       (1) Designation of positions.--The President may designate 
     any of the positions referred to in paragraph (2) as 
     positions of importance and responsibility under section 601 
     of title 10, United States Code.
       (2) Covered positions.--The positions referred to in this 
     paragraph are as follows:
       (A) The Director of the National Security Agency.
       (B) The Director of the National Geospatial-Intelligence 
     Agency.
       (C) The Director of the National Reconnaissance Office.
       (e) Effective Date and Applicability.--
       (1) In general.--The amendments made by subsections (a) and 
     (b), and subsection (c), shall take effect on the date of the 
     enactment of this Act and shall apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve in the position concerned, except that 
     the individual serving in such position as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to such position, by and with the advice and 
     consent of the Senate, assumes the duties of such position; 
     or
       (B) the date of the cessation of the performance of the 
     duties of such position by the individual performing such 
     duties as of the date of the enactment of this Act.
       (2) Positions of importance and responsibility.--Subsection 
     (d) shall take effect on the date of the enactment of this 
     Act.

     SEC. 4435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 
                   ANALYSIS AND DISSEMINATION OF CERTAIN 
                   INTELLIGENCE INFORMATION.

       Section 442(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) As directed by the Director of National 
     Intelligence, the National Geospatial-Intelligence Agency 
     shall also develop a system to facilitate the analysis, 
     dissemination, and incorporation of likenesses, videos, and 
     presentations produced by ground-based platforms, including 
     handheld or clandestine photography taken by or on behalf of 
     human intelligence collection organizations or available as 
     open-source information, into the National System for 
     Geospatial Intelligence.
       ``(B) The authority provided by this paragraph does not 
     include the authority to manage or direct the tasking of, set 
     requirements and priorities for, set technical requirements 
     related to, or modify any classification or dissemination 
     limitations related to the collection of, handheld or 
     clandestine

[[Page S11897]]

     photography taken by or on behalf of human intelligence 
     collection organizations.''; and
       (3) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.

     SEC. 4436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-
                   INTELLIGENCE AGENCY.

       The Secretary of Defense shall, during the period beginning 
     on the date of the enactment of this Act and ending on 
     December 31, 2008, delegate to the Director of the National 
     Geospatial-Intelligence Agency personnel security authority 
     with respect to the National Geospatial-Intelligence Agency 
     (including authority relating to the use of contractor 
     personnel in investigations and adjudications for security 
     clearances) that is identical to the personnel security 
     authority of the Director of the National Security Agency 
     with respect to the National Security Agency.

                       Subtitle D--Other Elements

     SEC. 4441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
                   ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

       Section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)) is amended--
       (1) in subparagraph (H)--
       (A) by inserting ``the Coast Guard,'' after ``the Marine 
     Corps,''; and
       (B) by inserting ``the Drug Enforcement Administration,'' 
     after ``the Federal Bureau of Investigation,''; and
       (2) in subparagraph (K), by striking ``, including the 
     Office of Intelligence of the Coast Guard''.

     SEC. 4442. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF 
                   THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 
                   YEAR 2004.

       Section 105(b) of the Intelligence Authorization Act for 
     Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 
     U.S.C. 311 note) is amended--
       (1) by striking ``Director of Central Intelligence'' and 
     inserting ``Director of National Intelligence''; and
       (2) by inserting ``or in section 313 of such title,'' after 
     ``subsection (a)),''.

                        TITLE XLV--OTHER MATTERS

     SEC. 4501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 
                   OF 1947.

       The National Security Act of 1947 (50 U.S.C. 401 et seq.) 
     is amended as follows:
       (1) In section 102A (50 U.S.C. 403-1)--
       (A) in subsection (c)(7)(A), by striking ``section'' and 
     inserting ``subsection'';
       (B) in subsection (d)--
       (i) in paragraph (3), by striking ``subparagraph (A)'' in 
     the matter preceding subparagraph (A) and inserting 
     ``paragraph (1)(A)'';
       (ii) in paragraph (5)(A), by striking ``or personnel'' in 
     the matter preceding clause (i); and
       (iii) in paragraph (5)(B), by striking ``or agency 
     involved'' in the second sentence and inserting ``involved or 
     the Director of the Central Intelligence Agency (in the case 
     of the Central Intelligence Agency)'';
       (C) in subsection (l)(2)(B), by striking ``section'' and 
     inserting ``paragraph''; and
       (D) in subsection (n), by inserting ``and Other'' after 
     ``Acquisition''.
       (2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
     striking ``subsection (h)'' and inserting ``subsection (i)''.
       (3) In section 705(e)(2)(D)(i) (50 U.S.C. 
     432c(e)(2)(D)(i)), by striking ``responsible'' and inserting 
     ``responsive''.

     SEC. 4502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO 
                   JOINT MILITARY INTELLIGENCE PROGRAM AND 
                   TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended--
       (1) in subsection (c)(3)(A), by striking ``annual budgets 
     for the Joint Military Intelligence Program and for Tactical 
     Intelligence and Related Activities'' and inserting ``annual 
     budget for the Military Intelligence Program or any successor 
     program or programs''; and
       (2) in subsection (d)(1)(B), by striking ``Joint Military 
     Intelligence Program'' and inserting ``Military Intelligence 
     Program or any successor program or programs''.

     SEC. 4503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM 
                   AND TERRORISM PREVENTION ACT OF 2004.

       (a) Amendments to National Security Intelligence Reform Act 
     of 2004.--The National Security Intelligence Reform Act of 
     2004 (title I of Public Law 108-458) is further amended as 
     follows:
       (1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by 
     striking ``Attorney General'' the second place it appears and 
     inserting ``Department of Justice''.
       (2) In section 1061 (5 U.S.C. 601 note)--
       (A) in subsection (d)(4)(A), by striking ``National 
     Intelligence Director'' and inserting ``Director of National 
     Intelligence''; and
       (B) in subsection (h), by striking ``National Intelligence 
     Director'' and inserting ``Director of National 
     Intelligence''.
       (3) In section 1071(e), by striking ``(1)''.
       (4) In section 1072(b), by inserting ``Agency'' after 
     ``Intelligence''.
       (b) Other Amendments to Intelligence Reform and Terrorism 
     Prevention Act of 2004.--The Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) is 
     amended as follows:
       (1) In section 2001 (28 U.S.C. 532 note)--
       (A) in subsection (c)(1), by inserting ``of'' before ``an 
     institutional culture'';
       (B) in subsection (e)(2), by striking ``the National 
     Intelligence Director in a manner consistent with section 
     112(e)'' and inserting ``the Director of National 
     Intelligence in a manner consistent with applicable law''; 
     and
       (C) in subsection (f), by striking ``shall,'' in the matter 
     preceding paragraph (1) and inserting ``shall''.
       (2) In section 2006 (28 U.S.C. 509 note)--
       (A) in paragraph (2), by striking ``the Federal'' and 
     inserting ``Federal''; and
       (B) in paragraph (3), by striking ``the specific'' and 
     inserting ``specific''.

     SEC. 4504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 
                   CODE, ARISING FROM ENACTMENT OF THE 
                   INTELLIGENCE REFORM AND TERRORISM PREVENTION 
                   ACT OF 2004.

       (a) References to Head of Intelligence Community.--Title 
     10, United States Code, is amended by striking ``Director of 
     Central Intelligence'' each place it appears in a provision 
     as follows and inserting ``Director of National 
     Intelligence'':
       (1) Section 193(d)(2).
       (2) Section 193(e).
       (3) Section 201(a).
       (4) Section 201(b)(1).
       (5) Section 201(c)(1).
       (6) Section 425(a).
       (7) Section 431(b)(1).
       (8) Section 441(c).
       (9) Section 441(d).
       (10) Section 443(d).
       (11) Section 2273(b)(1).
       (12) Section 2723(a).
       (b) Clerical Amendments.--Such title is further amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in a provision as follows and inserting ``Director of 
     National Intelligence'':
       (1) Section 441(c).
       (2) Section 443(d).
       (c) Reference to Head of Central Intelligence Agency.--
     Section 444 of such title is amended by striking ``Director 
     of Central Intelligence'' each place it appears and inserting 
     ``Director of the Central Intelligence Agency''.

     SEC. 4505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE 
                   AGENCY ACT OF 1949.

       Section 5(a)(1) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403f(a)(1)) is amended by striking 
     ``authorized under paragraphs (2) and (3) of section 102(a), 
     subsections (c)(7) and (d) of section 103, subsections (a) 
     and (g) of section 104, and section 303 of the National 
     Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7), 
     (d), 403-4(a), (g), and 405)'' and inserting ``authorized 
     under section 104A of the National Security Act of 1947 (50 
     U.S.C. 403-4a).''.

     SEC. 4506. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR 
                   NATIONAL INTELLIGENCE PROGRAM.

       (a) In General.--Subsection (a) of section 1403 of the 
     National Defense Authorization Act for Fiscal Year 1991 (50 
     U.S.C. 404b) is amended--
       (1) in the subsection caption, by striking ``Foreign''; and
       (2) by striking ``foreign'' each place it appears.
       (b) Responsibility of DNI.--That section is further 
     amended--
       (1) in subsections (a) and (c), by striking ``Director of 
     Central Intelligence'' and inserting ``Director of National 
     Intelligence''; and
       (2) in subsection (b), by inserting ``of National 
     Intelligence'' after ``Director''.
       (c) Conforming Amendment.--The heading of that section is 
     amended to read as follows:

     ``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.

     SEC. 4507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

       (a) Executive Schedule Level II.--Section 5313 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Director of Central Intelligence and inserting the 
     following new item:
       ``Director of the Central Intelligence Agency.''.
       (b) Executive Schedule Level III.--Section 5314 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Deputy Directors of Central Intelligence.
       (c) Executive Schedule Level IV.--Section 5315 of title 5, 
     United States Code, is amended by striking the item relating 
     to the General Counsel of the Office of the National 
     Intelligence Director and inserting the following new item:
       ``General Counsel of the Office of the Director of National 
     Intelligence.''.

     SEC. 4508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF 
                   THE NATIONAL IMAGERY AND MAPPING AGENCY AS THE 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

       (a) Title 5, United States Code.--(1) Title 5, United 
     States Code, is amended by striking ``National Imagery and 
     Mapping Agency'' each place it appears in a provision as 
     follows and inserting ``National Geospatial-Intelligence 
     Agency'':
       (A) Section 2302(a)(2)(C)(ii).
       (B) Section 3132(a)(1)(B).
       (C) Section 4301(1) (in clause (ii)).
       (D) Section 4701(a)(1)(B).
       (E) Section 5102(a)(1) (in clause (x)).
       (F) Section 5342(a)(1) (in clause (K)).
       (G) Section 6339(a)(1)(E).
       (H) Section 7323(b)(2)(B)(i)((XIII).
       (2) Section 6339(a)(2)(E) of such title is amended by 
     striking ``National Imagery and Mapping Agency, the Director 
     of the National Imagery and Mapping Agency'' and inserting 
     ``National Geospatial-Intelligence Agency, the Director of 
     the National Geospatial-Intelligence Agency''.
       (b) Title 44, United States Code.--(1)(A) Section 1336 of 
     title 44, United States Code,

[[Page S11898]]

     is amended by striking ``National Imagery and Mapping 
     Agency'' both places it appears and inserting ``National 
     Geospatial-Intelligence Agency''.
       (B) The heading of such section is amended to read as 
     follows:

     ``Sec. 1336. National Geospatial-Intelligence Agency: special 
       publications''.

       (2) The table of sections at the beginning of chapter 13 of 
     such title is amended by striking the item relating to 
     section 1336 and inserting the following new item:

``1336. National Geospatial-Intelligence Agency: special 
              publications.''.
       (c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of 
     the Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (d) Inspector General Act of 1978.--Section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
     striking ``National Imagery and Mapping Agency'' each place 
     it appears and inserting ``National Geospatial-Intelligence 
     Agency''.
       (e) Ethics in Government Act of 1978.--Section 105(a)(1) of 
     the Ethics in Government Act of 1978 (5 U.S.C. App.) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (f) Other Acts.--
       (1) Section 7(b)(2)(A)(i) of the Employee Polygraph 
     Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (2) Section 207(a)(2)(B) of the Legislative Branch 
     Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by 
     striking ``National Imagery and Mapping Agency'' and 
     inserting ``National Geospatial-Intelligence Agency''.

     SEC. 4509. OTHER TECHNICAL AMENDMENTS RELATING TO 
                   RESPONSIBILITY OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE AS HEAD OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) In General.--
       (1) The Public Interest Declassification Act of 2000 (50 
     U.S.C. 435 note) is amended by striking ``Director of Central 
     Intelligence'' each place it appears in a provision as 
     follows and inserting ``Director of National Intelligence'':
       (A) Section 704(c)(2)(B).
       (B) Section 706(b)(2).
       (C) Section 706(e)(2)(B).
       (2) Section 705(c) of such Act is amended by striking ``the 
     Director of Central Intelligence, as head of the intelligence 
     community,'' and inserting ``the Director of National 
     Intelligence''.
       (b) Conforming Amendment.--The heading of section 705(c) of 
     such Act is amended by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence''.
                                 ______
                                 
  SA 2986. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1070. SECRET SERVICE PROTECTION FOR FOREIGN OFFICIALS 
                   FROM COUNTRIES DESIGNATED AS STATE SPONSORS OF 
                   TERRORISM.

       Section 3056 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(h) Nothing in this section or section 3056A may be 
     construed to authorize the United States Secret Service to 
     provide protection for a visiting head of a foreign state or 
     foreign government or for a foreign government official from 
     a country the Department of State has designated as a state 
     sponsor of terrorism during a visit to the site of a 
     terrorist attack within the United States.''.
                                 ______
                                 
  SA 2987. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1070. SECRET SERVICE PROTECTION FOR FOREIGN OFFICIALS 
                   FROM COUNTRIES DESIGNATED AS STATE SPONSORS OF 
                   TERRORISM.

       It is the sense of Congress that the authorization under 
     sections 3056 and 3056A of title 18, United States Code, for 
     the United States Secret Service to provide protection for a 
     visiting head of a foreign state or foreign government or for 
     a foreign government official does not include providing 
     protection for a visit to the site of a terrorist attack 
     within the United States by a visiting head of a foreign 
     state or foreign government or a foreign government official 
     from a country the Department of State has designated as a 
     state sponsor of terrorism.
                                 ______
                                 
  SA 2988. Mr. LEVIN submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1204. ASSISTANCE FOR GLOBAL PEACE OPERATIONS INITIATIVE 
                   PARTNER COUNTRIES DEPLOYING FOR PEACE 
                   OPERATIONS.

       (a) In General.--During fiscal years 2008 and 2009, the 
     Secretary of Defense may, with the concurrence of the 
     Secretary of State, provide assistance to foreign countries 
     that have committed to deploying units trained by the United 
     States or its partners under the Global Peace Operations 
     Initiative (GPOI) to peace operations.
       (b) Selection of Countries.--The Secretary of Defense and 
     the Secretary of State shall jointly select the countries 
     described in subsection (a) for which assistance may be 
     provided under that subsection.
       (c) Types of Assistance.--The assistance provided under 
     subsection (a) may include only the following:
       (1) Inspection of--
       (A) units described in subsection (a) in order to determine 
     their readiness and ability to carry out peace operations; 
     and
       (B) the equipment depots to be used by such units in 
     deployments for peace operations.
       (2) Identification of the training and equipping 
     shortfalls, if any, of the units described in subsection (a).
       (3) Provision of additional training to the units described 
     in subsection (a), if required, in order to ensure that such 
     units can carry out peace operations.
       (4) Provision of equipment for units described in 
     subsection (a), if required, pending deployment for a peace 
     operation.
       (5) Assistance in addressing deficiencies in personnel with 
     specialized skills of units described in subsection (a) or in 
     headquarters staffs of such units.
       (6) Facilitation of the deployment of units described in 
     subsection (a), if required, for missions under a peace 
     operation.
       (d) Formulation of Assistance.--The Secretary of Defense 
     and the Secretary of State shall jointly formulate the 
     provision of assistance under subsection (a).
       (e) Notice on Use of Authority.--
       (1) Requirement for notice.--Whenever the Secretary of 
     Defense exercises the authority under subsection (a) by 
     taking the action described in subsection (b), the Secretary 
     shall notify the committees of Congress specified in 
     paragraph (3) not later than 15 days before the exercise of 
     the authority. Any such notification shall be prepared in 
     coordination with the Secretary of State.
       (2) Elements of notice.--Any notification under paragraph 
     (1) on the exercise of authority shall include--
       (A) a description of the country and unit or units to be 
     provided assistance;
       (B) a description of the type of assistance to be provided; 
     and
       (C) a statement of the amount of funding to be provided for 
     each country and for each type of assistance.
       (3) Committees of congress.--The committees of Congress 
     specified in this subsection are the following:
       (A) The Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.
       (B) The Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (f) Respect for Human Rights.--Assistance may not be 
     provided under subsection (a) to a unit of forces unless the 
     Secretary of Defense and the Secretary of State jointly 
     determine that the unit and its personnel maintain a record 
     on human rights that meets requirements of the following:
       (1) Section 8060 of the Department of Defense 
     Appropriations Act, 2007 (Public Law 109-289; 120 Stat. 
     1287).
       (2) Section 551 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2006 
     (Public Law 109-102; 119 Stat. 2218).
       (g) Applicable Law.--Any services, defense articles, or 
     funds provided under this section shall be subject to the 
     authorities and limitations in the Foreign Assistance Act of 
     1961, the Arms Export Control Act, and any Acts making 
     appropriations to carry out such Acts.
       (h) Accounting for Assistance.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of State shall jointly develop and maintain a system for 
     maintaining a full accounting of the assistance provided 
     under subsection (a).
       (2) Elements.--The accounting required under paragraph (1) 
     shall include the following:

[[Page S11899]]

       (A) For any assistance so provided--
       (i) the foreign country provided such assistance;
       (ii) the period during which such assistance is provided;
       (iii) the type of assistance provided; and
       (iv) when applicable, the specific units provided such 
     assistance.
       (B) For each foreign country provided such assistance, a 
     description (updated on an on-going basis) of the peace 
     operations being conducted by the country, including a 
     separate description (so updated) of peace operations being 
     conducted by each unit of the country conducting such 
     operations.
       (i) Funding.--Of the amount authorized to be appropriated 
     by section 301 for operation and maintenance for the 
     Department of Defense, $100,000,000 may be available in 
     fiscal year 2008 for the provision of assistance under 
     subsection (a).
                                 ______
                                 
  SA 2989. Mr. DORGAN (for himself and Mr. Dodd) submitted an amendment 
intended to be proposed by him to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XV, add the following:

     SEC. 1535. TRACKING AND MONITORING OF DEFENSE ARTICLES 
                   PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER 
                   INDIVIDUALS AND GROUPS IN IRAQ.

       (a) Export and Transfer Control Policy.--The President, in 
     coordination with the Secretary of State and the Secretary of 
     Defense, shall implement a policy to control the export and 
     transfer of defense articles into Iraq, including 
     implementation of the registration and monitoring system 
     under subsection (c).
       (b) Requirement to Implement Control System.--
     Notwithstanding any other provision of law, no defense 
     articles may be provided to the Government of Iraq or any 
     other group, organization, citizen, or resident of Iraq until 
     the Secretary of State certifies that a registration and 
     monitoring system meeting the requirements set forth in 
     subsection (c) has been established.
       (c) Registration and Monitoring System.--The registration 
     and monitoring system required under this section shall 
     include--
       (1) the registration of the serial numbers of all small 
     arms provided to the Government of Iraq or to other groups, 
     organizations, citizens, or residents of Iraq;
       (2) a program of enhanced end-use monitoring of all lethal 
     defense articles provided to such entities or individuals; 
     and
       (3) a detailed record of the origin, shipping, and 
     distribution of all defense articles transferred under the 
     Iraq Security Forces Fund or any other security assistance 
     program to such entities or individuals in Iraq.
       (d) Review.--The President shall periodically review the 
     items subject to the registration and monitoring requirements 
     under subsection (c) to determine what items, if any, no 
     longer warrant export controls under such subsection. The 
     results of such reviews shall be reported to the Speaker of 
     the House of Representatives and to the Committee on Foreign 
     Relations, the Committee on Armed Services, and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate. The 
     President may not exempt any item from such requirements 
     until 30 days after the date on which the President has 
     provided notice of the proposed removal to the Committee on 
     Foreign Affairs of the House of Representatives and to the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate in accordance with the procedures 
     applicable to reprogramming notifications under section 
     634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2394-1). Such notice shall describe the nature of any 
     controls to be imposed on that item under any other provision 
     of law.
       (e) Definitions.--In this section:
       (1) Defense article.--The term ``defense article'' has the 
     meaning given the term in section 644(d) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403)(d)).
       (2) Small arms.--The term ``small arms'' means--
       (A) handguns;
       (B) shoulder-fired weapons;
       (C) light automatic weapons up to and including .50 caliber 
     machine guns;
       (D) recoilless rifles up to and including 106mm;
       (E) mortars up to and including 81mm;
       (F) rocket launchers, man-portable;
       (G) grenade launchers, rifle and shoulder fired; and
       (H) individually operated weapons which are portable or can 
     be fired without special mounts or firing devices and which 
     have potential use in civil disturbances and are vulnerable 
     to theft.
       (f) Effective Date.--This section shall take effect 90 days 
     after the date of the enactment of this Act, unless the 
     President certifies in writing to Congress that it is in the 
     vital interest of the United States to delay the effective 
     date of this section by an additional period of up to 90 
     days, including an explanation of such vital interest, in 
     which case the section shall take effect on such later 
     effective date.
                                 ______
                                 
  SA 2990. 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 B of title II, add the following:

     SEC. 214. GULF WAR ILLNESSES RESEARCH.

       (a) Funding.--Of the amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation for Army and available for Medical Advanced 
     Technology, $15,000,000 shall be available for the Army 
     Medical Research and Materiel Command to carry out, as part 
     of its Medical Research Program required by Congress, a 
     program for Gulf War Illnesses Research.
       (b) Purpose.--The purpose of the program shall be to 
     develop diagnostic markers and treatments for the complex of 
     symptoms commonly known as ``Gulf War Illnesses (GWI)'', 
     including widespread pain, cognitive impairment, and 
     persistent fatigue in conjunction with diverse other symptoms 
     and abnormalities, that are associated with service in the 
     Southwest Asia theater of operations in the early 1990s 
     during the Persian Gulf War.
       (c) Program Activities.--
       (1) Highest priority under the program shall be afforded to 
     pilot and observational studies of treatments for the complex 
     of symptoms described in subsection (b) and comprehensive 
     clinical trials of such treatments that have demonstrated 
     effectiveness in previous past pilot and observational 
     studies.
       (2) Secondary priority under the program shall be afforded 
     to studies that identify objective markers for such complex 
     of symptoms and biological mechanisms underlying such complex 
     of symptoms that can lead to the identification and 
     development of such markers and treatments.
       (3) No study shall be funded under the program that is 
     based on psychiatric illness and psychological stress as the 
     central cause of such complex of symptoms (as is consistent 
     with current research findings).
       (d) Program.--The program shall be conducted--
       (1) using competitive selection and peer review for the 
     identification of activities having the most substantial 
     scientific merit, utilizing individuals with recognized 
     expertise in Gulf War illnesses in the design of the 
     solicitation and in the scientific and programmatic review 
     processes;
                                 ______
                                 
  SA 2991. 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 title XII, add the following:

     SEC. 1234. REPORTS ON PREVENTION OF MASS ATROCITIES.

       (a) Department of State Report.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit to the congressional defense committees, the 
     Committee on Foreign Relations of the Senate, and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report assessing the capability of the Department of State 
     to provide training and guidance to the command of an 
     international intervention force that seeks to prevent mass 
     atrocities.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) An evaluation of any doctrine currently used by the 
     Secretary of State to prepare for the training and guidance 
     of the command of an international intervention force.
       (B) An assessment of the role played by the United States 
     in developing the ``responsibility to protect'' doctrine 
     described in paragraphs 138 through 140 of the outcome 
     document of the High-level Plenary Meeting of the General 
     Assembly adopted by the United Nations in September 2005, and 
     an update on actions taken by the United States Mission to 
     the United Nations to discuss, promote, and implement such 
     doctrine.
       (C) An assessment of the potential capability of the 
     Department of State and other Federal departments and 
     agencies to support the development of new doctrines for the 
     training and guidance of an international intervention force 
     in keeping with the ``responsibility to protect'' doctrine.
       (D) Recommendations as to the steps necessary to allow the 
     Secretary of State to provide more effective training and 
     guidance to an international intervention force.
       (b) Department of Defense Report.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees, the 
     Committee on Foreign Relations of the Senate, and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report assessing the capability of the Department of 
     Defense to provide training and guidance to the

[[Page S11900]]

     command of an international intervention force that seeks to 
     prevent mass atrocities.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) An evaluation of any doctrine currently used by the 
     Secretary of Defense to prepare for the training and guidance 
     of the command of an international intervention force.
       (B) An assessment of the potential capability of the 
     Department of Defense and other Federal departments and 
     agencies to support the development of new doctrines for the 
     training and guidance of an international intervention force 
     in keeping with the ``responsibility to protect'' doctrine.
       (C) Recommendations as to the steps necessary to allow the 
     Secretary of Defense to provide more effective training and 
     guidance to an international intervention force.
       (D) A summary of any assessments or studies of the 
     Department of Defense or other Federal departments or 
     agencies relating to ``Operation Artemis'', the 2004 French 
     military deployment and intervention in the eastern region of 
     the Democratic Republic of Congo to protect civilians from 
     local warring factions.
       (c) International Intervention Force.--For the purposes of 
     this section, ``international intervention force'' means a 
     military force that--
       (1) is authorized by the United Nations; and
       (2) has a mission that is narrowly focused on the 
     protection of civilian life and the prevention of mass 
     atrocities such as genocide.
                                 ______
                                 
  SA 2992. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XI, add the following:

     SEC. 1107. MODIFICATION OF AUTHORITIES RELATING TO 
                   EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC 
                   AND TECHNICAL PERSONNEL.

       (a) Increase in Number of DARPA Positions Under Program.--
     Subsection (b)(1)(A) of section 1101 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 (5 
     U.S.C. 3104 note) is amended by striking ``40 scientific and 
     engineering positions'' and inserting ``60 scientific and 
     engineering positions''.
       (b) Limitations on Additional Payments.--Subsection (d) of 
     such section is amended to read as follows:
       ``(d) Limitations on Additional Payments.--(1) The total 
     amount of the additional payments paid to an employee under 
     this section for any 12-month period may not exceed the 
     lesser of the following amounts:
       ``(A) $50,000 in fiscal year 2008, which may be adjusted 
     annually thereafter by the Secretary, with a percentage 
     increase equal to one-half of 1 percentage point less than 
     the percentage by which the Employment Cost Index, published 
     quarterly by the Bureau of Labor Statistics, for the base 
     quarter of the year before the preceding calendar year 
     exceeds the Employment Cost Index for the base quarter of the 
     second year before the preceding calendar year.
       ``(B) The amount equal to 50 percent of the employee's 
     annual rate of basic pay.
       ``(2) For purposes of paragraph (1), the term `base 
     quarter' has the meaning given that term in section 5302(3) 
     of title 5, United States Code.
       ``(3) Except as authorized by subsection (e), an employee 
     appointed under this section is not eligible for any bonus, 
     monetary award, or other monetary incentive for service 
     except for payments authorized under this section.
       ``(4) Notwithstanding any other provision of this section 
     (other than subsection (e)) or section 5307 of title 5, 
     United States Code, no additional payments may be paid to an 
     employee under this section in any calendar year if, or to 
     the extent that, the employee's total annual compensation 
     will exceed the maximum amount of total annual compensation 
     payable at the salary set in accordance with section 104 of 
     title 3, United States Code.''.
       (c) Payment of Relocation Expenses.--Such section is 
     further amended--
       (1) by redesignating subsections (e), (f), and (g) as 
     subsections (f), (g), and (h), respectively; and
       (2) by inserting after subsection (d), as amended by 
     subsection (b) of this section, the following new subsection 
     (e):
       ``(e) Payment of Relocation Expenses.--(1) An individual 
     appointed under this section may be paid travel, 
     transportation, and relocation expenses to the same extent, 
     in the same manner, and subject to the same conditions as the 
     payment of such expenses to an employee transferred in the 
     interests of the United States Government.
       ``(2) Amounts payable to an individual under this 
     subsection are in addition to any other amounts payable to 
     the individual under this section.''.
       (d) Annual Reports.--Subsection (h) of such section, as 
     redesignated by subsection (c)(1) of this section, is further 
     amended by striking ``beginning in 1999 and ending in 
     2009,''.
       (e) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (a), by striking ``subsection (e)(1)'' 
     and inserting `` subsection (f)(1)'';
       (2) in subsection (b)(3), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (d)''; and
       (3) in subsection (g), as redesignated by subsection (c)(1) 
     of this section, by striking ``subsection (e)(1)'' and 
     inserting ``subsection (f)(1)''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect one year after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 2993. Ms. LANDRIEU (for herself and Mr. Dorgan) submitted an 
amendment intended to be proposed by her to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1535. CAPTURE OF OSAMA BIN LADEN AND THE AL QAEDA 
                   LEADERSHIP.

       (a) United States Policy on Counterterrorist Operations.--
     It shall be the policy of the United States Government that 
     the foremost objective of United States counterterrorist 
     operations is to protect United States persons and property 
     from terrorist attacks by capturing or killing Osama bin 
     Laden, Ayman al-Zawahiri, and other leaders of al Qaeda and 
     destroying the al Qaeda network.
       (b) Authorization of Appropriations for Central 
     Intelligence Agency.--There is hereby authorized to be 
     appropriated for the Central Intelligence Agency for fiscal 
     year 2008, $25,000,000 to conduct counterterrorist operations 
     that assist in the destruction of the al Qaeda network.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance for Defense-wide 
     activities is hereby reduced by $25,000,000, with the amount 
     of the reduction to be allocated to amounts available for the 
     Defense Business Transformation Agency is hereby reduce
                                 ______
                                 
  SA 2994. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 325. 8TH AIR FORCE CYBERSPACE INNOVATION CENTER.

       Of the amount authorized to be appropriated by section 
     301(3) for operation and maintenance for the Air Force, 
     $5,000,000 may be available for the 8th Air Force Cyberspace 
     Innovation Center in Bossier City, Louisiana, to support the 
     Air Force Cyber Command at Barksdale Air Force Base, 
     Louisiana.
                                 ______
                                 
  SA 2995. Mr. AKAKA (for himself and Mr. Webb) 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 326, between lines 17 and 18, insert the following:

     SEC. 1044. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE 
                   TOMB OF THE UNKNOWNS AT ARLINGTON NATIONAL 
                   CEMETERY, VIRGINIA.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     and the Secretary of Veterans Affairs shall jointly submit to 
     Congress a report setting forth the following:
       (1) The current plans of the Secretaries with respect to--
       (A) replacing the monument at the Tomb of the Unknowns at 
     Arlington National Cemetery, Virginia; and
       (B) disposing of the current monument at the Tomb of the 
     Unknowns, if it were removed and replaced.
       (2) An assessment of the feasibility and advisability of 
     repairing the monument at the Tomb of the Unknowns rather 
     than replacing it.
       (3) A description of the current efforts of the Secretaries 
     to maintain and preserve the monument at the Tomb of the 
     Unknowns.
       (4) An explanation of why no attempt has been made since 
     1989 to repair the monument at the Tomb of the Unknowns.
       (5) A comprehensive estimate of the cost of replacement of 
     the monument at the Tomb

[[Page S11901]]

     of the Unknowns and the cost of repairing such monument.
       (6) An assessment of the structural integrity of the 
     monument at the Tomb of the Unknowns.
       (b) Limitation on Action.--The Secretary of the Army and 
     the Secretary of Veterans Affairs may not take any action to 
     replace the monument at the Tomb of the Unknowns at Arlington 
     National Cemetery, Virginia, until 180 days after the date of 
     the receipt by Congress of the report required by subsection 
     (a).
       (c) Exception.--The limitation in subsection (b) shall not 
     prevent the Secretary of the Army or the Secretary of 
     Veterans Affairs from repairing the current monument at the 
     Tomb of the Unknowns or from acquiring any blocks of marble 
     for uses related to such monument, subject to the 
     availability of appropriations for that purposes.
                                 ______
                                 
  SA 2996. Mr. BIDEN (for himself and Mr. Lugar) 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 362, line 10, insert after ``congressional defense 
     committees'' the following: ``, and to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives,''.
       On page 375, beginning on line 21, insert after 
     ``congressional defense committees'' the following: ``, and 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of 
     Representatives,''.
       On page 377, strike line 24 and all that follows through 
     page 378, line 3, and insert the following:
       (D) an evaluation of the use and effectiveness of funds 
     provided under the Commanders' Emergency Response Program.
       On page 379, beginning on line 5, strike ``the extent'' and 
     all that follows through line 8 and insert ``United States 
     policy with regard to cooperation with such drug traffickers 
     for counterterrorism purposes.''.
       On page 382, beginning on line 12, insert after 
     ``reimbursed'' the following: ``from funds authorized to be 
     made available to the Department of Defense''.
       On page 382, line 22, insert after ``congressional defense 
     committees'' the following: ``, and to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives,''.
       On page 383, line 17, insert after ``congressional defense 
     committees'' the following: ``, and to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives,''.
       On page 392, beginning on line 10, strike ``the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives'' and insert `` the 
     Committees on Armed Services and Foreign Relations of the 
     Senate and the Committees on Armed Services and Foreign 
     Affairs of the House of Representatives''.
       On page 407, line 20, insert after ``Armed Services'' the 
     following: ``, Foreign Relations,''.
                                 ______
                                 
  SA 2997. Mr. BIDEN (for himself, Mr. Brownback, Mrs. Boxer, Mr. 
Specter, Mr. Kerry, Mr. Smith, Mr. Nelson of Florida, Mrs. Hutchison, 
Mr. Schumer, Ms. Mikulski, and Mrs. Lincoln) 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. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Iraq continues to experience a self-sustaining cycle of 
     sectarian violence.
       (2) The ongoing sectarian violence presents a threat to 
     regional and world peace, and the long-term security 
     interests of the United States are best served by an Iraq 
     that is stable, not a haven for terrorists, and not a threat 
     to its neighbors.
       (3) Iraqis must reach a comprehensive and sustainable 
     political settlement in order to achieve stability, and the 
     failure of the Iraqis to reach such a settlement is a primary 
     cause of increasing violence in Iraq.
       (4) The Key Judgments of the January 2007 National 
     Intelligence Estimate entitled ``Prospects for Iraq's 
     Stability: A Challenging Road Ahead'' state, ``A number of 
     identifiable developments could help to reverse the negative 
     trends driving Iraq's current trajectory. They include: 
     Broader Sunni acceptance of the current political structure 
     and federalism to begin to reduce one of the major sources of 
     Iraq's instability . . . Significant concessions by Shia and 
     Kurds to create space for Sunni acceptance of federalism''.
       (5) Article One of the Constitution of Iraq declares Iraq 
     to be a ``single, independent federal state''.
       (6) Section Five of the Constitution of Iraq declares that 
     the ``federal system in the Republic of Iraq is made up of a 
     decentralized capital, regions, and governorates, and local 
     administrations'' and enumerates the expansive powers of 
     regions and the limited powers of the central government and 
     establishes the mechanisms for the creation of new federal 
     regions.
       (7) The federal system created by the Constitution of Iraq 
     would give Iraqis local control over their police and certain 
     laws, including those related to employment, education, 
     religion, and marriage.
       (8) The Constitution of Iraq recognizes the administrative 
     role of the Kurdistan Regional Government in 3 northern Iraqi 
     provinces, known also as the Kurdistan Region.
       (9) The Kurdistan region, recognized by the Constitution of 
     Iraq, is largely stable and peaceful.
       (10) The Iraqi Parliament approved a federalism law on 
     October 11th, 2006, which establishes procedures for the 
     creation of new federal regions and will go into effect 18 
     months after approval.
       (11) Iraqis recognize Baghdad as the capital of Iraq, and 
     the Constitution of Iraq stipulates that Baghdad may not 
     merge with any federal region.
       (12) Despite their differences, Iraq's sectarian and ethnic 
     groups support the unity and territorial integrity of Iraq.
       (13) Iraqi Prime Minister Nouri al-Maliki stated on 
     November 27, 2006, ``The crisis is political, and the ones 
     who can stop the cycle of aggravation and bloodletting of 
     innocents are the politicians''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should actively support a political 
     settlement among Iraq's major factions based upon the 
     provisions of the Constitution of Iraq that create a federal 
     system of government and allow for the creation of federal 
     regions;
       (2) the active support referred to in paragraph (1) should 
     include--
       (A) calling on the international community, including 
     countries with troops in Iraq, the permanent 5 members of the 
     United Nations Security Council, members of the Gulf 
     Cooperation Council, and Iraq's neighbors--
       (i) to support an Iraqi political settlement based on 
     federalism;
       (ii) to acknowledge the sovereignty and territorial 
     integrity of Iraq; and
       (iii) to fulfill commitments for the urgent delivery of 
     significant assistance and debt relief to Iraq, especially 
     those made by the member states of the Gulf Cooperation 
     Council;
       (B) further calling on Iraq's neighbors to pledge not to 
     intervene in or destabilize Iraq and to agree to related 
     verification mechanisms; and
       (C) convening a conference for Iraqis to reach an agreement 
     on a comprehensive political settlement based on the creation 
     of federal regions within a united Iraq;
       (3) the United States should urge the Government of Iraq to 
     quickly agree upon and implement a law providing for the 
     equitable distribution of oil revenues, which is a critical 
     component of a comprehensive political settlement based upon 
     federalism; and
       (4) the steps described in paragraphs (1), (2), and (3) 
     could lead to an Iraq that is stable, not a haven for 
     terrorists, and not a threat to its neighbors.
                                 ______
                                 
  SA 2998. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 583. NATIONAL GUARD FAMILY ASSISTANCE CENTER 
                   COORDINATORS.

       (a) Conversion to Full-Time Employee Positions.--The 
     Secretary of Defense shall convert positions of National 
     Guard Family Assistance Center Coordinators (FACCs) to full-
     time employee positions in a manner that satisfies the 
     requirements of subsection (b).
       (b) Ratios of Coordinators to Reserve Component 
     Personnel.--
       (1) In general.--Subject to paragraphs (3) and (4), the 
     Secretary shall ensure that the number of full-time employee 
     positions for National Guard Family Assistance Center 
     Coordinators in each State for a fiscal year is not less than 
     one such position for each increment of 1,000 members of in-
     State National Guard and Reserve personnel in such State as 
     of September 30 of the preceding fiscal year.
       (2) Increments.--If the aggregate number of in-State 
     National Guard and Reserve personnel in a State at the end of 
     a fiscal year is not a number evenly divisible by 1,000, the 
     number of increments of 1,000 members of in-State National 
     Guard and Reserve personnel in the State for purposes of 
     paragraph (1) shall be the number equal to--
       (A) the aggregate number of such in-State National Guard 
     and Reserve personnel divided by 1,000 and rounded down to 
     the next lowest whole number; plus

[[Page S11902]]

       (B) if the amount of the rounding down under subparagraph 
     (A) exceeds .3, an additional one.
       (3) Minimum number.--The minimum number of full-time 
     employees positions for National Guard Family Assistance 
     Center Coordinators in any particular State shall be three 
     positions.
       (4) Additional coordinators during mobilizations.--In the 
     event of the mobilization of a unit of the National Guard or 
     Reserve having a permanent duty location in a State, the 
     number of full-time employee positions for National Guard 
     Family Assistance Center Coordinators in such State shall be 
     increased by one such position for each 250 members of in-
     State National Guard and Reserve personnel who are mobilized 
     during the period that--
       (A) begins not later than 60 days before the date of the 
     mobilization of such unit; and
       (B) ends on the date that is one year after the date of the 
     completion of the release of such unit from active duty or 
     other mobilized status.
       (5) In-state national guard and reserve personnel 
     defined.--In this subsection, the term ``in-State National 
     Guard and Reserve personnel'', with respect to a State, means 
     the members of the National Guard and Reserve, whether on 
     active duty or inactive status, who have a permanent unit 
     duty location in such State.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be required to carry out 
     the provisions of this Act.
                                 ______
                                 
  SA 2999. Mr. WEBB (for himself, Mrs. McCaskill, Ms. Klobuchar, Mr. 
Brown, Mr. Casey, Mr. Tester, Mr. Cardin, Mr. Whitehouse, Mr. Sanders, 
Mr. Levin, Mr. Carper, Mrs. Feinstein, Mr. Kerry, Mr. Johnson, Mrs. 
Boxer, Mr. Obama, Mr. Leahy, Mr. Harkin, Ms. Stabenow, Mr. Dodd, Ms. 
Landrieu, Mr. Feingold, Mr. Bayh, Mr. Pryor, Mr. Byrd, Mr. Durbin, and 
Mrs. Clinton) submitted an amendment intented 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. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND 
                   CONTRACTING PROCESSES IN OPERATION IRAQI 
                   FREEDOM AND OPERATION ENDURING FREEDOM.

       (a) Commission on Wartime Contracting.--
       (1) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on Wartime 
     Contracting'' (in this subsection referred to as the 
     ``Commission'').
       (2) Membership matters.--
       (A) Membership.--The Commission shall be composed of 8 
     members, as follows:
       (i) 2 members shall be appointed by the Majority Leader of 
     the Senate, in consultation with the Chairmen of the 
     Committee on Armed Services and the Committee on Homeland 
     Security and Governmental Affairs of the Senate.
       (ii) 2 members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the Chairmen 
     of the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       (iii) 1 member shall be appointed by the Minority Leader of 
     the Senate, in consultation with the Ranking Minority Members 
     of the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       (iv) 1 member shall be appointed by the Minority Leader of 
     the House of Representatives, in consultation with the 
     Ranking Minority Member of the Committee on Armed Services 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives.
       (v) 1 member shall be appointed by the Secretary of 
     Defense.
       (vi) 1 member shall be appointed by the Secretary of State.
       (B) Deadline for appointments.--All appointments to the 
     Commission shall be made not later than 90 days after the 
     date of the enactment of this Act.
       (C) Chairman and vice chairman.--
       (i) Chairman.--The chairman of the Commission shall be a 
     member of the Commission selected by the members appointed 
     under clauses (i) and (ii) of subparagraph (A), but only if 
     approved by the vote of a majority of the members of the 
     Commission.
       (ii) Vice chairman.--The vice chairman of the Commission 
     shall be a member of the Commission selected by the members 
     appointed under clauses (iii) and (iv) of subparagraph (A), 
     but only if approved by the vote of a majority of the members 
     of the Commission.
       (3) Duties.--
       (A) General duties.--The Commission shall study and 
     investigate the following matters:
       (i) Federal agency contracting for the reconstruction of 
     Iraq and Afghanistan.
       (ii) Federal agency contracting for the logistical support 
     of coalition forces in Operation Iraqi Freedom and Operation 
     Enduring Freedom.
       (iii) Federal agency contracting for the performance of 
     security and intelligence functions in Operation Iraqi 
     Freedom and Operation Enduring Freedom.
       (B) Scope of contracting covered.--The Federal agency 
     contracting covered by this paragraph includes contracts 
     entered into both in the United States and abroad for the 
     performance of activities described in subparagraph (A), 
     whether performed in the United States or abroad.
       (C) Particular duties.--In carrying out the study under 
     this paragraph, the Commission shall assess--
       (i) the extent and impact of the reliance of the Federal 
     Government on contractors to perform functions (including 
     security, intelligence, and management functions) in 
     Operation Iraqi Freedom and Operation Enduring Freedom;
       (ii) the performance of the contracts under review, and the 
     mechanisms used to manage the performance of the contracts 
     under review;
       (iii) the extent of waste, fraud, abuse, or mismanagement 
     under such contracts;
       (iv) the extent to which those responsible for such waste, 
     fraud, abuse, or mismanagement have been held financially or 
     legally accountable; and
       (v) the appropriateness of the organizational structure, 
     policies, practices, and resources of the Department of 
     Defense and the Department of State for handling contingency 
     contract management and support;
       (vi) the extent of the misuse of force or violations of the 
     laws of war or federal statutes by contractors.
       (4) Reports.--
       (A) Interim report.--Not later than one year after the date 
     of the appointment of all of the members of the Commission 
     under paragraph (2), the Commission shall submit to Congress 
     an interim report on the study carried out under paragraph 
     (3), including the results and findings of the study as of 
     that date.
       (B) Other reports.--The Commission may from time to time 
     submit to Congress such other reports on the study carried 
     out under paragraph (3) as the Commission considers 
     appropriate.
       (C) Final report.--Not later than two years after the date 
     of the appointment of all of the members of the Commission 
     under paragraph (2), the Commission shall submit to Congress 
     a report on the study carried out under paragraph (3). The 
     report shall--
       (i) include the findings of the Commission;
       (ii) identify lessons learned on the contracting covered by 
     the study; and
       (iii) include specific recommendations for improvements to 
     be made in--

       (I) the process for developing contract requirements for 
     wartime contracts and contracts for contingency operations;
       (II) the process for awarding contracts and task orders for 
     wartime contracts and contracts for contingency operations;
       (III) the process for managing and providing oversight for 
     the performance of wartime contracts and contracts for 
     contingency operations;
       (IV) the process for holding contractors and their 
     employees accountable for waste, fraud, abuse, or 
     mismanagement under wartime contracts and contracts for 
     contingency operations;
       (V) the process for determining which functions are 
     inherently governmental and which functions are appropriate 
     for performance by contractors in an area of combat 
     operations (including an area of a contingency operation), 
     including a determination whether the use of civilian 
     contractors to provide security in an area of combat 
     operations is a function that is inherently governmental;
       (VI) the organizational structure, resources, policies and 
     practices of the Department of Defense and the Department of 
     State handling contract management and support for wartime 
     contracts and contracts for contingency operations; and
       (VII) the process by which roles and responsibilities with 
     respect to wartime contracts and contracts for contingency 
     operations are distributed among the various departments and 
     agencies of the Federal Government, and interagency 
     coordination and communication mechanisms associated with 
     wartime contracts and contracts for contingency operations.

       (5) Other powers and authorities.--
       (A) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this 
     subsection--
       (i) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (ii) subject to subparagraph (B)(i), require, by subpoena 
     or otherwise, require the attendance and testimony of such 
     witnesses and the production of such books, records, 
     correspondence, memoranda, papers, and documents,
     as the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (B) Subpoenas.--
       (i) Issuance.--

       (I) In general.--A subpoena may be issued under 
     subparagraph (A) only--

       (aa) by the agreement of the chairman and the vice 
     chairman; or

[[Page S11903]]

       (bb) by the affirmative vote of 5 members of the 
     Commission.

       (II) Signature.--Subject to subclause (I), subpoenas issued 
     under this subparagraph may be issued under the signature of 
     the chairman or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairman or by a member designated by a majority of the 
     Commission.

       (ii) Enforcement.--

       (I) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under clause (i), the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (II) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of subclause (I) or this subclause, 
     the Commission may, by majority vote, certify a statement of 
     fact constituting such failure to the appropriate United 
     States attorney, who may bring the matter before the grand 
     jury for its action, under the same statutory authority and 
     procedures as if the United States attorney had received a 
     certification under sections 102 through 104 of the Revised 
     Statutes of the United States (2 U.S.C. 192 through 194).

       (C) Access to information.--The Commission may secure 
     directly from the Department of Defense and any other 
     department or agency of the Federal Government any 
     information or assistance that the Commission considers 
     necessary to enable the Commission to carry out the 
     requirements of this subsection. Upon request of the 
     Commission, the head of such department or agency shall 
     furnish such information expeditiously to the Commission. 
     Whenever information or assistance requested by the 
     Commission is unreasonably refused or not provided, the 
     Commission shall report the circumstances to Congress without 
     delay.
       (D) Personnel.--The Commission shall have the authorities 
     provided in section 3161 of title 5, United States Code, and 
     shall be subject to the conditions set forth in such section, 
     except to the extent that such conditions would be 
     inconsistent with the requirements of this subsection.
       (E) Detailees.--Any employee of the Federal Government 
     employee may be detailed to the Commission without 
     reimbursement from the Commission, and such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (F) Security clearances.--The appropriate departments or 
     agencies of the Federal Government shall cooperate with the 
     Commission in expeditiously providing to the Commission 
     members and staff appropriate security clearances to the 
     extent possible pursuant to existing procedures and 
     requirements, except that no person shall be provided with 
     access to classified information under this section without 
     the appropriate security clearances.
       (G) Violations of law.--
       (i) Referral to attorney general.--The Commission may refer 
     to the Attorney General any violation or potential violation 
     of law identified by the Commission in carrying out its 
     duties under this subsection.
       (ii) Reports on results of referral.--The Attorney General 
     shall submit to Congress a report on each prosecution, 
     conviction, resolution, or other disposition that results 
     from a referral made under this subparagraph.
       (6) Termination.--The Commission shall terminate on the 
     date that is 60 days after the date of the submittal of its 
     final report under paragraph (4)(C).
       (7) Contingency operation defined.--In this subsection, the 
     term ``contingency operation'' has the meaning given that 
     term in section 101 of title 10, United States Code.
       (b) Investigation of Waste, Fraud, Abuse, and 
     Mismanagement.--
       (1) In general.--The Special Inspector General for Iraq 
     Reconstruction shall, in collaboration with the Inspector 
     General of the Department of Defense, the Inspector General 
     of the Department of State, the Inspector General of the 
     United States Agency for International Development, the 
     Inspector General of the Director of National Intelligence, 
     the Inspector General of the Central Intelligence Agency, and 
     the Inspector General of the Defense Intelligence Agency and 
     in consultation with the Commission on Wartime Contracting 
     established by subsection (a), conduct a series of audits to 
     identify potential waste, fraud, abuse, or mismanagement in 
     the performance of--
       (A) Department of Defense contracts and subcontracts for 
     the logistical support of coalition forces in Operation Iraqi 
     Freedom and Operation Enduring Freedom; and
       (B) Federal agency contracts and subcontracts for the 
     performance of security, intelligence, and reconstruction 
     functions in Operation Iraqi Freedom and Operation Enduring 
     Freedom.
       (2) Scope of audits of contracts.--Each audit conducted 
     pursuant to paragraph (1)(A) shall focus on a specific 
     contract, task order, or site of performance under a contract 
     or task order and shall examine, at a minimum, one or more of 
     the following issues:
       (A) The manner in which requirements were developed.
       (B) The procedures under which the contract or task order 
     was awarded.
       (C) The terms and conditions of the contract or task order.
       (D) The contractor's staffing and method of performance, 
     including cost controls.
       (E) The efficacy of Department of Defense management and 
     oversight, Department of State management and oversight, and 
     United States Agency for International Development management 
     and oversight, including the adequacy of staffing and 
     training of officials responsible for such management and 
     oversight.
       (F) The flow of information from the contractor to 
     officials responsible for contract management and oversight.
       (3) Scope of audits of other contracts.--Each audit 
     conducted pursuant to paragraph (1)(B) shall focus on a 
     specific contract, task order, or site of performance under a 
     contract or task order and shall examine, at a minimum, one 
     or more of the following issues:
       (A) The manner in which the requirements were developed and 
     the contract or task order was awarded.
       (B) The manner in which the Federal agency exercised 
     control over the contractor's performance.
       (C) The extent to which operational field commanders are 
     able to coordinate or direct the contractor's performance in 
     an area of combat operations.
       (D) The extent to which the functions performed were 
     appropriate for performance by a contractor.
       (E) The degree to which contractor employees were properly 
     screened, selected, trained, and equipped for the functions 
     to be performed.
       (F) The nature and extent of any incidents of misconduct or 
     unlawful activity by contractor employees.
       (G) The extent to which any incidents of misconduct or 
     unlawful activity were reported, documented, investigated, 
     and (where appropriate) prosecuted.
       (4) Continuation of special inspector general.--
       (A) In general.--Notwithstanding section 3001(o) of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 5 U.S.C. App. 8G note), the Office of the Special 
     Inspector General for Iraq Reconstruction shall not terminate 
     until the date that is 60 days after the date of the 
     submittal under paragraph (4)(C) of subsection (a) of the 
     final report of the Commission on Wartime Contracting 
     established by subsection (a).
       (B) Reaffirmation of certain duties and responsibilities.--
     Congress reaffirms that the Special Inspector General for 
     Iraq Reconstruction retains the duties and responsibilities 
     in sections 4 of the Inspector General Act of 1978 (5 U.S.C. 
     App. 4; relating to reports of criminal violations to the 
     Attorney General) and section 5 of the Inspector General Act 
     of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as 
     expressly provided in subsections (f)(3) and (i)(3), 
     respectively, of section 3001 of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be required to carry out 
     the provisions of this section.
                                 ______
                                 
  SA 3000. Mr. CARDIN (for himself and Ms. Mikulski) 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 XXVIII, add the 
     following:

     SEC. 2842. AUTHORITY TO RELOCATE THE JOINT SPECTRUM CENTER TO 
                   FORT MEADE, MARYLAND.

       (a) Authority to Carry Out Relocation Agreement.--If deemed 
     to be in the best interest of national security and to the 
     physical protection of personnel and missions of the 
     Department of Defense, the Secretary of Defense may carry out 
     an agreement to relocate the Joint Spectrum Center, a 
     geographically separated unit of the Defense Information 
     Systems Agency, from Annapolis, Maryland to Fort Meade, 
     Maryland or another military installation, subject to an 
     agreement between the lease holder and the Department of 
     Defense for equitable and appropriate terms to facilitate the 
     relocation.
       (b) Authorization.--Any facility, road or infrastructure 
     constructed or altered on a military installation as a result 
     of the agreement must be authorized in accordance with 
     section 2802 of title 10, United States Code.
       (c) Termination of Existing Lease.--Upon completion of the 
     relocation of the Joint Spectrum Center, all right, title, 
     and interest of the United States in and to the existing 
     lease for the Joint Spectrum Center shall be terminated, as 
     contemplated under Condition 29.B of the lease.
                                 ______
                                 
  SA 3001. Mr. BAUCUS submitted an amendment intended to be proposed by

[[Page S11904]]

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

       At the end of title XXVIII, insert the following:

     SEC. 2854. RIGHT OF RECOUPMENT RELATED TO LAND CONVEYANCE, 
                   HELENA, MONTANA.

       Section 2843(b) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3525) is 
     amended to read as follows:
       ``(b) Effect of Reconveyance or Lease.--
       ``(1) Reconveyance.--If, at any time during the 10-year 
     period following the conveyance of property under subsection 
     (a), the Helena Indian Alliance reconveys all or any part of 
     the conveyed property, the Alliance shall pay to the United 
     States an amount equal to the fair market value of the 
     reconveyed property as of the time of the reconveyance, 
     excluding the value of any improvements made to the property 
     by the Alliance, as determined by the Secretary in accordance 
     with Federal appraisal standards and procedures.
       ``(2) Lease.--The Secretary may treat a lease of property 
     conveyed under subsection (a) within such 10-year period as a 
     reconveyance if the Secretary determines that the lease is 
     being used to avoid application of paragraph (1).''.
                                 ______
                                 
  SA 3002. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXVIII, insert the following:

     SEC. 2854. MODIFICATION OF LAND CONVEYANCE TERMS, HELENA, 
                   MONTANA.

       Section 2843(b) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3525) is 
     amended to read as follows:
       ``(b) Use of Property for Other Than Intended Purpose.--If 
     the Secretary determines at any time that the real property 
     conveyed under subsection (a) is not being used in accordance 
     with the purposes of the conveyance specified in such 
     subsection, the Secretary shall require the Helena Indian 
     Alliance to pay to the United States an amount equal to the 
     fair market value of the property as of the time of such 
     determination, excluding the value of any improvements made 
     to the property by the Alliance, as determined by the 
     Secretary in accordance with Federal appraisal standards and 
     procedures.''.
                                 ______
                                 
  SA 3003. Mrs. McCASKILL (for herself, Mr. Pryor, Mr. Leahy, Mr. Bond, 
Mr. Kerry, Ms. Mikulski, Mrs. Hutchison, Mr. Crapo, Mr. Voinovich, Mr. 
Smith, Mr. Alexander, Mr. Martinez, Mr. Harkin, Mr. Dodd, Mr. Nelson, 
of Florida Mrs. Lincoln, Mr. Wyden, Mr. Brown, Mrs. Murray, and Mr. 
Lugar) submitted an amendment intended to be proposed by her to the 
bill H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1029.
                                 ______
                                 
  SA 3004. Mr. OBAMA (for himself, Mr. Enzi, and Mrs. McCaskill) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT 
                   AGAINST CERTAIN FAMILY MEMBERS CARING FOR 
                   RECOVERING MEMBERS OF THE ARMED FORCES.

       (a) Additional Purpose of USERRA.--Section 4301(a) of title 
     38, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) to ensure that family members of recovering 
     servicemembers are able to provide family-based care for such 
     servicemembers during their recovery.''.
       (b) Prohibition.--Subchapter II of chapter 43 of such title 
     is amended by adding at the end the following new section:

     ``Sec. 4320. Employment rights of family members caring for 
       recovering members of the Armed Forces

       ``(a) Prohibition.--Subject to subsection (d), a family 
     member of a recovering servicemember described in subsection 
     (b) shall not be denied retention in employment, promotion, 
     or any benefit of employment by an employer on the basis of 
     the family member's absence from employment as described in 
     subsection (b) for a period of not more than 52 workweeks.
       ``(b) Covered Family Members.--A family member described in 
     this subsection is a family member of a recovering 
     servicemember who is--
       ``(1) on invitational orders while caring for the 
     recovering servicemember;
       ``(2) a non-medical attendee caring for the recovering 
     servicemember; or
       ``(3) receiving per diem payments from the Department of 
     Defense while caring for the recovering servicemember.
       ``(c) Application of Other Available Leave.--(1) To the 
     extent that the family member has other available leave, the 
     family member shall apply the leave to the 52-workweek period 
     described in subsection (a), whether or not the leave would 
     otherwise be usable for the absence from employment as 
     described in subsection (b).
       ``(2) Except as otherwise provided in this section, the 
     provisions of any Federal or State law covering the other 
     available leave, or of any employment benefit program or plan 
     under which the other available leave is offered, shall 
     continue to apply during the period in which the leave is 
     applied under paragraph (1).
       ``(3) In this subsection, the term `other available leave' 
     means available leave, paid or unpaid, that is vacation 
     leave, personal leave, family leave, or medical or sick leave 
     (including leave available under the Family and Medical Leave 
     Act of 1993 (29 U.S.C. 2601 et seq.)).
       ``(d) Applicability to Multiple Family Members.--Not more 
     than two family members of a recovering servicemember are 
     entitled to coverage under subsection (a) at any one time.
       ``(e) Certification of Coverage.--The Secretary of Defense 
     shall seek to minimize administrative burdens to family 
     members and employers under this section and shall, in 
     consultation with the Secretary of Labor, establish 
     procedures for certifying to employers of coverage by 
     subsection (a) of family members covered by that subsection. 
     Such procedures shall include mechanisms for identifying the 
     family members covered by subsection (a) in circumstances 
     described by subsection (d).
       ``(f) Definitions.--In this section:
       ``(1) The term `caring for', with respect to a recovering 
     servicemember, means providing personal, medical, or 
     convalescent care to the recovering servicemember, under 
     circumstances that substantially interfere with a family 
     member's ability to work.
       ``(2) The term `employer' has the meaning given such term 
     in section 4303(4) of this title, except that the term does 
     not include any person who is not considered to be an 
     employer under title I of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2611 et seq.) because the person does not 
     meet the requirements of section 101(4)(A)(i) of such Act (29 
     U.S.C. 2611(4)(A)(i)). .
       ``(3) The term `family member', with respect to a 
     recovering servicemember, has the meaning given that term in 
     section 411h(b) of title 37.
       ``(4) The term `recovering servicemember' means a member of 
     the Armed Forces, including a member of the National Guard or 
     a Reserve, who is undergoing medical treatment, recuperation, 
     or therapy, or is otherwise in medical hold or medical 
     holdover status, for an injury, illness, or disease incurred 
     or aggravated while on active duty in the Armed Forces.''.
       (c) Treatment of Actions.--
       (1) In general.--Section 4311 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``(1)'' after ``(a)''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) A person described in section 4320(a) of this title 
     shall not be denied retention in employment, promotion, or 
     any benefit of employment by an employer on the basis of the 
     family member's absence from employment as described in 
     section 4320(b) of this title.''; and
       (B) in subsection (c)(1), by inserting `` as described in 
     paragraph (1) of that subsection, or the person's absence 
     from employment as described in paragraph (2) of that 
     subsection,'' after ``service in the uniformed services''.
       (2) Conforming amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 4311. Discrimination and acts of reprisal prohibited: 
       persons who serve in the uniformed services; family 
       caregivers of recovering members of the Armed Forces''.

       (d) Clerical Amendments.--The table of sections at the 
     beginning of chapter 43 of such title is amended--
       (1) by striking the item relating to section 4311 and 
     inserting the following new item:


[[Page S11905]]


``4311. Discrimination and acts of reprisal prohibited: persons who 
              serve in the uniformed services; family caregivers of 
              recovering members of the Armed Forces.''; and
       (2) by inserting after the item relating to section 4319 
     the following new item:

``4320. Employment rights of family members caring for recovering 
              members of the Armed Forces.''.
                                 ______
                                 
  SA 3005. 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 with a mental or 
     physical disability, who are unable to care for themselves 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 giving of care by the employee to a 
     family member under the designation of the employee as the 
     caregiver for the family member.
       (5) 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.
       (6) Termination.--The program under this subsection shall 
     terminate on December 31, 2010.
       (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 with a mental or 
     physical disability, who are unable to care for themselves 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 giving of 
     care by the employee to a family member under the designation 
     of the employee as the caregiver for the family member.
       (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 giving of care by the employee to a 
     family member under the designation of the employee as the 
     caregiver for the family member.
       (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, 2010.
       (c) GAO Report.--Not later than March 31, 2010, the 
     Government Accountability Office 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 3006. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2854. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE 
                   SITE, GROSSE ILE, MICHIGAN.

       (a) Transfer.--Administrative jurisdiction over the 
     property described in subsection (b) is hereby transferred 
     from the Administrator of the Environmental Protection Agency 
     to the Secretary of the Interior.
       (b) Property Described.--The property referred to in 
     subsection (a) is the former Nike missile site, consisting of 
     approximately 50 acres located at the southern end of Grosse 
     Ile, Michigan, as depicted on the map entitled ``07-CE'' on 
     file with the Environmental Protection Agency and dated May 
     16, 1984.

[[Page S11906]]

       (c) Administration of Property.--Subject to subsection (d), 
     the Secretary of the Interior shall administer the property 
     described in subsection (b)--
       (1) acting through the United States Fish and Wildlife 
     Service;
       (2) as part of the Detroit River International Wildlife 
     Refuge; and
       (3) for use as a habitat for fish and wildlife and as a 
     recreational property for outdoor education and environmental 
     appreciation.
       (d) Management Response.--The Secretary of Defense shall 
     manage and carry out environmental response activities with 
     respect to the property described in subsection (b) not later 
     than 2 years after the date of the enactment of this Act, 
     with the exception of long-term monitoring, using amounts 
     made available from the account established by section 
     2703(a)(5) of title 10, United States Code.
       (e) Savings Provision.--Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
                                 ______
                                 
  SA 3007. Mr. LEVIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 491, between lines 8 and 9, insert the following:

     SEC. 2818. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF 
                   MILITARY CONSTRUCTION.

       (a) Clarification of Requirement for Authorization.--
     Section 2802(a) of title 10, United States Code, is amended 
     by inserting after ``military construction projects'' the 
     following: ``, land acquisitions, and defense access road 
     projects (as described under section 210 of title 23)''.
       (b) Clarification of Definition.--Section 2801(a) of such 
     title is amended by inserting after ``permanent 
     requirements'' the following: ``, or any acquisition of land 
     or construction of a defense access road (as described in 
     section 210 of title 23)''.
                                 ______
                                 
  SA 3008. Mr. LEVIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 445, in the table preceding line 1, in the item 
     relating to Naval Station, Bremerton, Washington, strike 
     ``$119,760,000'' and insert ``$190,690,000''.
       On page 447, line 5, strike ``Funds'' and insert ``(a) 
     Authorization of Appropriations.--Funds''.
       On page 447, line 9, strike ``$3,032,790,000'' and insert 
     ``$3,103,720,000''.
       On page 447, line 12, strike ``$1,717,016,000'' and insert 
     ``$1,787,946,000''.
       On page 449, between lines 16 and 17, insert the following:
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1), (2) and (3) of subsection (a).
       (2) $70,930,000 (the balance of the amount authorized under 
     section 2201(a) for a nuclear aircraft carrier maintenance 
     pier at Naval Station Bremerton, Washington).
                                 ______
                                 
  SA 3009. Mr. LEVIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXII, add the following:

     SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2005 PROJECT.

       (a) Modification.--The table in section 2201(a) of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2105), as 
     amended by section 2206 of the Military Construction 
     Authorization Act for Fiscal Year 2006 (division B of Public 
     Law 109-163; 119 Stat. 3493) and section 2205 of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2452) is amended--
       (1) in the item relating to Strategic Weapons Facility 
     Pacific, Bangor, Washington, by striking ``$147,760,000'' in 
     the amount column and inserting ``$295,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$972,719,000''.
       (b) Conforming Amendment.--Section 2204 of the Military 
     Construction Authorization Act for Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2107), as amended by 
     section 2206 of the Military Construction Authorization Act 
     for Fiscal Year 2006 (division B of Public Law 109-163; 119 
     Stat. 3493) and section 2205 of the Military Construction 
     Authorization Act for Fiscal Year 2007 (division B of Public 
     Law 109-364; 120 Stat. 2453) is amended--
       (1) in subsection (a)(1), by striking ``$722,927,000'' and 
     inserting ``$870,167,000''; and
       (2) in subsection (b)(6), by striking ``$95,320,000'' and 
     inserting ``$259,320,000''.
                                 ______
                                 
  SA 3010. Mrs. McCASKILL (for herself, Mr. Biden, Mr. Kennedy, Mr. 
Bond, and Mrs. Feinstein) submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1044. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER 
                   AIRLIFT FORCE.

       (a) Study Required.--
       (1) In general.--The Secretary of Defense shall conduct a 
     study on various alternatives for the size and mix of assets 
     for the Air Force intertheater airlift force, with a 
     particular focus on current and planned capabilities and 
     costs of the C-5 aircraft and C-17 aircraft fleets.
       (2) Conduct of study.--
       (A) Use of ffrdc.--The Secretary shall select to conduct 
     the study required by subsection (a) a federally funded 
     research and development center (FFRDC) that has experience 
     and expertise in conducting studies similar to the study 
     required by subsection (a).
       (B) Development of study methodology.--Not later than 90 
     days after the date of enactment of this Act, the federally 
     funded research and development center selected for the 
     conduct of the study shall--
       (i) develop the methodology for the study; and
       (ii) submit the methodology to the Comptroller General of 
     the United States for review.
       (C) Comptroller general review.--Not later than 30 days 
     after receipt of the methodology under subparagraph (B), the 
     Comptroller General shall--
       (i) review the methodology for purposes of identifying any 
     flaws or weaknesses in the methodology; and
       (ii) submit to the federally funded research and 
     development center a report that--

       (I) sets forth any flaws or weaknesses in the methodology 
     identified by the Comptroller General in the review; and
       (II) makes any recommendations the Comptroller General 
     considers advisable for improvements to the methodology.

       (D) Modification of methodology.--Not later than 30 days 
     after receipt of the report under subparagraph (C), the 
     federally funded research and development center shall--
       (i) modify the methodology in order to address flaws or 
     weaknesses identified by the Comptroller General in the 
     report and to improve the methodology in accordance with the 
     recommendations, if any, made by the Comptroller General; and
       (ii) submit to the congressional defense committees a 
     report that--

       (I) describes the modifications of the methodology made by 
     the federally funded research and development center; and
       (II) if the federally funded research and development 
     center does not improve the methodology in accordance with 
     any particular recommendation of the Comptroller General, 
     sets forth a description and explanation of the reasons for 
     such action.

       (3) Utilization of other studies.--The study shall build 
     upon the results of the recent Mobility Capabilities Studies 
     of the Department of Defense, the on-going Intratheater 
     Airlift Fleet Mix Analysis, and other appropriate studies and 
     analyses. The study should also include any results reached 
     on the modified C-5A aircraft configured as part of the 
     Reliability Enhancement and Re-engining Program (RERP) 
     configuration, as specified in section 132 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1411).
       (b) Elements.--The study under subsection (a) shall address 
     the following:
       (1) The state of the current intertheater airlift fleet of 
     the Air Force, including the extent to which the increased 
     use of heavy airlift aircraft in Operation Iraqi Freedom, 
     Operation Enduring Freedom, and other ongoing operations is 
     affecting the aging of the aircraft of that fleet.

[[Page S11907]]

       (2) The adequacy of the current intertheater airlift force, 
     including whether or not the current target number of 301 
     airframes for the Air Force heavy lift aircraft fleet will be 
     sufficient to support future expeditionary combat and non-
     combat missions as well as domestic and training mission 
     demands consistent with the requirements of the National 
     Military Strategy.
       (3) The optimal mix of C-5 aircraft and C-17 aircraft for 
     the intertheater airlift fleet of the Air Force, and any 
     appropriate mix of C-5 aircraft and C-17 aircraft for 
     intratheater airlift missions, including an assessment of the 
     following:
       (A) The cost advantages and disadvantages of modernizing 
     the C-5 aircraft fleet when compared with procuring new C-17 
     aircraft, which assessment shall be performed in concert with 
     the Cost Analysis Improvement Group and be based on program 
     life cycle cost estimates for the respective aircraft.
       (B) The military capability of the C-5 aircraft and the C-
     17 aircraft, including number of lifetime flight hours, cargo 
     and passenger carrying capabilities, and mission capable 
     rates for such airframes. In the case of assumptions for the 
     C-5 aircraft, and any assumptions made for the mission 
     capable rates of the C-17 aircraft, sensitivity analyses 
     shall also be conducted to test assumptions. The military 
     capability study for the C-5 aircraft shall also include an 
     assessment of the mission capable rates after each of the 
     following:
       (i) Successful completion of the Avionics Modernization 
     Program (AMP) and the Reliability Enhancement and Re-engining 
     Program (RERP).
       (ii) Partially successful completion of the Avionics 
     Modernization Program and the Reliability Enhancement and Re-
     engining Program, with partially successful completion of 
     either such program being considered the point at which the 
     continued execution of such program is no longer supported by 
     cost-benefit analysis.
       (C) The tactical capabilities of strategic airlift 
     aircraft, the potential increase in use of strategic airlift 
     aircraft for tactical missions, and the value of such 
     capabilities to tactical operations.
       (D) The value of having more than one type of aircraft in 
     the strategic airlift fleet, and the potential need to pursue 
     a replacement aircraft for the C-5 aircraft that is larger 
     than the C-17 aircraft.
       (4) The means by which the Air Force was able to restart 
     the production line for the C-5 aircraft after having closed 
     the line for several years, and the actions to be taken to 
     ensure the production line for the C-17 aircraft could be 
     restarted if necessary, including--
       (A) an analysis of the costs of closing and re-opening the 
     production line for the C-5 aircraft; and
       (B) an assessment of the costs of closing and re-opening 
     the production line for the C-17 aircraft on a similar basis.
       (5) The financial effects of retiring, upgrading and 
     maintaining, or continuing current operations of the C-5A 
     aircraft fleet on procurement decisions relating to the C-17 
     aircraft.
       (6) The impact that increasing the role and use of 
     strategic airlift aircraft in intratheater operations will 
     have on the current target number for strategic airlift 
     aircraft of 301 airframes, including an analysis of the 
     following:
       (A) The appropriateness of using C-5 aircraft and C-17 
     aircraft for intratheater missions, as well as the efficacy 
     of these aircraft to perform current and projected future 
     intratheater missions.
       (B) The interplay of existing doctrinal intratheater 
     airlift aircraft (such as the C-130 aircraft and the future 
     Joint Cargo Aircraft (JCA)) with an increasing role for C-5 
     aircraft and C-17 aircraft in intratheater missions.
       (C) The most appropriate and likely missions for C-5 
     aircraft and C-17 aircraft in intratheater operations and the 
     potential for increased requirements in these mission areas.
       (D) Any intratheater mission sets best performed by 
     strategic airlift aircraft as opposed to traditional 
     intratheater airlift aircraft.
       (E) Any requirements for increased production or longevity 
     of C-5 aircraft and C-17 aircraft, or for a new strategic 
     airlift aircraft, in light of the matters analyzed under this 
     paragraph.
       (7) Taking into consideration all applicable factors, 
     whether or not the replacement of C-5 aircraft with C-17 
     aircraft on a one-for-one basis will result in the retention 
     of a comparable strategic airlift capability.
       (c) Construction.--Nothing in this section shall be 
     construed to exclude from the study under subsection (a) 
     consideration of airlift assets other than the C-5 aircraft 
     or C-17 aircraft that do or may provide intratheater and 
     intertheater airlift, including the potential that such 
     current or future assets may reduce requirements for C-5 
     aircraft or C-17 aircraft.
       (d) Collaboration With Transcom.--The federally funded 
     research and development center selected under subsection (a) 
     shall conduct the study required by that subsection and make 
     the report required by subsection (e) in concert with the 
     United States Transportation Command.
       (e) Report by Ffrdc.--
       (1) In general.--Not later than January 10, 2009, the 
     federally funded research and development center selected 
     under subsection (a) shall submit to the Secretary of 
     Defense, the congressional defense committees, and the 
     Comptroller General of the United States a report on the 
     study required by subsection (a).
       (2) Review by gao.--Not later than 90 days after receipt of 
     the report under paragraph (1), the Comptroller General shall 
     submit to the congressional defense committee a report on the 
     study conducted under subsection (a) and the report under 
     paragraph (1). The report under this subsection shall include 
     an analysis of the study under subsection (a) and the report 
     under paragraph (1), including an assessment by the 
     Comptroller General of the strengths and weaknesses of the 
     study and report.
       (f) Report by Secretary of Defense.--
       (1) In general.--Not later than 90 days after receipt of 
     the report under paragraph (1), the Secretary of Defense 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the study required by subsection 
     (a).
       (2) Elements.--The report shall include a comprehensive 
     discussion of the findings of the study, including a 
     particular focus on the following:
       (A) A description of lift requirements and operating 
     profiles for intertheater airlift aircraft required to meet 
     the National Military Strategy, including assumptions 
     regarding:
       (i) Current and future military combat and support 
     missions.
       (ii) The planned force structure growth of the Army and the 
     Marine Corps.
       (iii) Potential changes in lift requirements, including the 
     deployment of the Future Combat Systems by the Army.
       (iv) New capability in strategic airlift to be provided by 
     the KC(X) aircraft and the expected utilization of such 
     capability, including its use in intratheater lift.
       (v) The utilization of the heavy lift aircraft in 
     intratheater combat missions.
       (vi) The availability and application of Civil Reserve Air 
     Fleet assets in future military scenarios.
       (vii) Air mobility requirements associated with the Global 
     Rebasing Initiative of the Department of Defense.
       (viii) Air mobility requirements in support of peacekeeping 
     and humanitarian missions around the globe.
       (ix) Potential changes in lift requirements based on 
     equipment procured for Iraq and Afghanistan.
       (B) A description of the assumptions utilized in the study 
     regarding aircraft performances and loading factors.
       (C) A comprehensive statement of the data and assumptions 
     utilized in making program life cycle cost estimates.
       (D) A comparison of cost and risk associated with optimal 
     mix airlift fleet versus program of record airlift fleet.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
                                 ______
                                 
  SA 3011. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 673. INDEPENDENT STUDENT.

       (a) Amendment.--Section 480(d)(3) of the Higher Education 
     Act of 1965 (20 U.S.C. 1087vv(d)(3)) is amended by inserting 
     ``or is a current active member of the National Guard or 
     Reserve forces of the United States who has completed initial 
     military training'' after ``purposes''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective July 1, 2008.
                                 ______
                                 
  SA 3012. Mr. LAUTENBERG (for himself, Mr. Dodd, Mr. Coburn, Mr. 
Hagel, and Mr. Feingold) submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XV, add the following:

     SEC. 1535. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN 
                   RECONSTRUCTION.

       (a) Findings.--Congress makes the following findings:
       (1) A democratic, stable, and prosperous Afghanistan is 
     vital to the national security of the United States and to 
     combating international terrorism.
       (2) Since the fall of the Taliban, the United States has 
     provided Afghanistan with over $20,000,000,000 in 
     reconstruction and security assistance. However, repeated and 
     documented incidents of waste, fraud, and abuse in the 
     utilization of these funds have undermined reconstruction 
     efforts.
       (3) There is a stronger need for vigorous oversight of 
     spending by the United States on reconstruction programs and 
     projects in Afghanistan.

[[Page S11908]]

       (4) The Government Accountability Office (GAO) and 
     departmental Inspectors General provide valuable information 
     on such activities.
       (5) The congressional oversight process requires more 
     timely reporting of reconstruction activities in Afghanistan 
     that encompasses the efforts of the Department of State, the 
     Department of Defense, and the United States Agency for 
     International Development and highlights specific acts of 
     waste, fraud, and abuse.
       (6) One example of such successful reporting is provided by 
     the Special Inspector General for Iraq Reconstruction 
     (SIGIR), which has met this objective in the case of Iraq.
       (7) The establishment of a Special Inspector General for 
     Afghanistan Reconstruction (SIGAR) position using SIGIR as a 
     model will help achieve this objective in Afghanistan. This 
     position will help Congress and the American people to better 
     understand the challenges facing United States programs and 
     projects in that crucial country.
       (8) It is a priority for Congress to establish a Special 
     Inspector General for Afghanistan position with similar 
     responsibilities and duties as the Special Inspector General 
     for Iraq Reconstruction. This new position will monitor 
     United States assistance to Afghanistan in the civilian and 
     security sectors, undertaking efforts similar to those of the 
     Special Inspector General for Iraq Reconstruction.
       (b) Office of Inspector General.--There is hereby 
     established the Office of the Special Inspector General for 
     Afghanistan Reconstruction.
       (c) Appointment of Inspector General; Removal.--
       (1) Appointment.--The head of the Office of the Special 
     Inspector General for Afghanistan Reconstruction is the 
     Special Inspector General for Afghanistan Reconstruction (in 
     this section referred to as the ``Inspector General''), who 
     shall be appointed by the President.
       (2) Qualifications.--The appointment of the Inspector 
     General shall be made solely on the basis of integrity and 
     demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigations.
       (3) Deadline for appointment.--The nomination of an 
     individual as Inspector General shall be made not later than 
     30 days after the date of the enactment of this Act.
       (4) Removal.--The Inspector General shall be removable from 
     office in accordance with the provisions of section 3(b) of 
     the Inspector General Act of 1978 (5 U.S.C. App.).
       (5) Prohibition on political activities.--For purposes of 
     section 7324 of title 5, United States Code, the Inspector 
     General shall not be considered an employee who determines 
     policies to be pursued by the United States in the nationwide 
     administration of Federal law.
       (6) Compensation.--The annual rate of basic pay of the 
     Inspector General shall be the annual rate of basic pay 
     provided for positions at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code.
       (d) Supervision.--
       (1) In general.--Except as provided in paragraph (2), the 
     Inspector General shall report directly to, and be under the 
     general supervision of, the Secretary of State and the 
     Secretary of Defense.
       (2) Independence to conduct investigations and audits.--No 
     officer of the Department of Defense, the Department of 
     State, or the United States Agency for International 
     Development shall prevent or prohibit the Inspector General 
     from initiating, carrying out, or completing any audit or 
     investigation, or from issuing any subpoena during the course 
     of any audit or investigation.
       (e) Duties.--
       (1) Oversight of afghanistan reconstruction.--It shall be 
     the duty of the Inspector General to conduct, supervise, and 
     coordinate audits and investigations of the treatment, 
     handling, and expenditure of appropriated funds by the United 
     States Government, and of the programs, operations, and 
     contracts carried out utilizing such funds in Afghanistan in 
     order to prevent and detect waste, fraud, and abuse, 
     including--
       (A) the oversight and accounting of the obligation and 
     expenditure of such funds;
       (B) the monitoring and review of reconstruction activities 
     funded by such funds;
       (C) the monitoring and review of contracts funded by such 
     funds;
       (D) the monitoring and review of the transfer of such funds 
     and associated information between and among the departments, 
     agencies, and entities of the United States Government, and 
     private and nongovernmental entities;
       (E) the maintenance of records on the use of such funds to 
     facilitate future audits and investigations of the use of 
     such funds;
       (F) the monitoring and review of the effectiveness of 
     United States coordination with the Government of Afghanistan 
     and other donor countries in the implementation of the 
     Afghanistan Compact and the Afghanistan National Development 
     Strategy and the efficient utilization of funds for economic 
     reconstruction, social and political development, and 
     security assistance; and
       (G) the investigation of overpayments such as duplicate 
     payments or duplicate billing and any potential unethical or 
     illegal actions of Federal employees, contractors, or 
     affiliated entities and the referral of such reports, as 
     necessary, to the Department of Justice to ensure further 
     investigations, prosecutions, recovery of further funds, or 
     other remedies.
       (2) Other duties related to oversight.--The Inspector 
     General shall establish, maintain, and oversee such systems, 
     procedures, and controls as the Inspector General considers 
     appropriate to discharge the duties under paragraph (1).
       (3) Duties and responsibilities under inspector general act 
     of 1978.--In addition to the duties specified in paragraphs 
     (1) and (2), the Inspector General shall also have the duties 
     and responsibilities of inspectors general under the 
     Inspector General Act of 1978.
       (4) Coordination of efforts.--In carrying out the duties, 
     and responsibilities, and authorities of the Inspector 
     General under this section, the Inspector General shall 
     coordinate with, and receive the cooperation of, each of the 
     following:
       (A) The Inspector General of the Department of State.
       (B) The Inspector General of the Department of Defense.
       (C) The Inspector General of the United States Agency for 
     International Development.
       (f) Powers and Authorities.--
       (1) Authorities under inspector general act of 1978.--In 
     carrying out the duties specified in subsection (e), the 
     Inspector General shall have the authorities provided in 
     section 6 of the Inspector General Act of 1978.
       (2) Audit standards.--The Inspector General shall carry out 
     the duties specified in subsection (e)(1) in accordance with 
     section 4(b)(1) of the Inspector General Act of 1978.
       (g) Personnel, Facilities, and Other Resources.--
       (1) Personnel.--The Inspector General may select, appoint, 
     and employ such officers and employees as may be necessary 
     for carrying out the duties of the Inspector General, subject 
     to the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates.
       (2) Employment of experts and consultants.--The Inspector 
     General may obtain services as authorized by section 3109 of 
     title 5, United States Code, at daily rates not to exceed the 
     equivalent rate prescribed for grade GS-15 of the General 
     Schedule by section 5332 of such title.
       (3) Contracting authority.--To the extent and in such 
     amounts as may be provided in advance by appropriations Acts, 
     the Inspector General may enter into contracts and other 
     arrangements for audits, studies, analyses, and other 
     services with public agencies and with private persons, and 
     make such payments as may be necessary to carry out the 
     duties of the Inspector General.
       (4) Resources.--The Secretary of State shall provide the 
     Inspector General with appropriate and adequate office space 
     at appropriate United States Government locations in 
     Afghanistan, together with such equipment, office supplies, 
     and communications facilities and services as may be 
     necessary for the operation of such offices, and shall 
     provide necessary maintenance services for such offices and 
     the equipment and facilities located therein. The Secretary 
     of State shall not charge the Inspector General or employees 
     of the Office of the Inspector General for Afghanistan 
     Reconstruction for International Cooperative Administrative 
     Support Services.
       (5) Assistance from federal agencies.--
       (A) In general.--Upon request of the Inspector General for 
     information or assistance from any department, agency, or 
     other entity of the Federal Government, the head of such 
     entity shall, insofar as is practicable and not in 
     contravention of any existing law, furnish such information 
     or assistance to the Inspector General, or an authorized 
     designee.
       (B) Reporting of refused assistance.--Whenever information 
     or assistance requested by the Inspector General is, in the 
     judgment of the Inspector General, unreasonably refused or 
     not provided, the Inspector General shall report the 
     circumstances to the Secretary of Defense and the Secretary 
     of State and the appropriate committees of Congress without 
     delay.
       (h) Reports.--
       (1) Quarterly reports.--Not later than 30 days after the 
     end of each fiscal-year quarter, the Inspector General shall 
     submit to the appropriate congressional committees a report 
     summarizing, for the period of that quarter and, to the 
     extent possible, the period from the end of such quarter to 
     the time of the submission of the report, the activities 
     during such period of the Inspector General, including a 
     summary of lessons learned, and summarizing the activities 
     under programs and operations funded with amounts 
     appropriated or otherwise made available for the 
     reconstruction of Afghanistan. Each report shall include, for 
     the period covered by such report, a detailed statement of 
     all obligations, expenditures, and revenues of the United 
     States Government associated with reconstruction and 
     rehabilitation activities in Afghanistan, including the 
     following information:
       (A) Obligations and expenditures of appropriated funds.
       (B) A project-by-project and program-by-program accounting 
     of the costs incurred to date for the reconstruction of 
     Afghanistan, together with the estimate of the costs to 
     complete each project and each program.
       (C) Revenues attributable to or consisting of funds 
     provided by foreign nations or international organizations to 
     programs and projects funded by the United States Government, 
     and any obligations or expenditures of such revenues.

[[Page S11909]]

       (D) Revenues attributable to or consisting of foreign 
     assets seized or frozen that contribute to programs and 
     projects funded by the United States Government, and any 
     obligations or expenditures of such revenues.
       (E) Operating expenses of agencies or entities receiving 
     amounts appropriated or otherwise made available for the 
     reconstruction of Afghanistan.
       (F) In the case of any contract, grant, agreement, or other 
     funding mechanism described in paragraph (2)--
       (i) the amount of the contract, grant, agreement, or other 
     funding mechanism;
       (ii) a brief discussion of the scope of the contract, 
     grant, agreement, or other funding mechanism;
       (iii) a discussion of how the United States Government 
     entity or entities involved in the contract or grant 
     identified, and solicited offers from, potential contractors 
     or grantees to perform the contract or grant, together with a 
     list of the potential contractors or grantees that were 
     issued solicitations for the offers;
       (iv) the justification and approval documents on which was 
     based the determination to use procedures other than 
     procedures that provide for full and open competition; and
       (v) a description of any previous instances of wasteful and 
     fraudulent activities in Afghanistan by current or potential 
     contractors, subcontactors, or grantees and whether and how 
     they were held accountable.
       (G) A description of any potential unethical or illegal 
     actions taken by Federal employees, contractors, or 
     affiliated entities in the course of reconstruction efforts.
       (2) Covered contracts, grants, agreements, and funding 
     mechanisms.--A contract, grant, agreement, or other funding 
     mechanism described in this paragraph is any major contract, 
     grant, agreement, or other funding mechanism that is entered 
     into by the United States Government with any public or 
     private sector entity for any of the following purposes:
       (A) To build or rebuild physical infrastructure of 
     Afghanistan.
       (B) To establish or reestablish a political or societal 
     institution of Afghanistan.
       (C) To provide products or services to the people of 
     Afghanistan.
       (3) Semiannual report.--Not later than December 31, 2007, 
     and semiannually thereafter, the Inspector General shall 
     submit to the appropriate congressional committees a report 
     meeting the requirements of section 5 of the Inspector 
     General Act of 1978.
       (4) Public transparency.--The Inspector General shall post 
     each report required under this subsection on a public and 
     searchable website not later than 7 days after the Inspector 
     General submits the report to the appropriate congressional 
     committees.
       (5) Languages.--The Inspector General shall publish on a 
     publicly available Internet website each report under this 
     subsection in English and other languages that the Inspector 
     General determines are widely used and understood in 
     Afghanistan.
       (6) Form.--Each report submitted under this subsection 
     shall be submitted in unclassified form, but may include a 
     classified annex as the Inspector General determines 
     necessary.
       (7) Limitation on public disclosure of certain 
     information.--Nothing in this subsection shall be construed 
     to authorize the public disclosure of information that is--
       (A) specifically prohibited from disclosure by any other 
     provision of law;
       (B) specifically required by Executive order to be 
     protected from disclosure in the interest of national defense 
     or national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (i) Waiver.--
       (1) Authority.--The President may waive the requirement 
     under paragraph (1) or (3) of subsection (h) for the 
     inclusion in a report under such paragraph of any element 
     otherwise provided for under such paragraph if the President 
     determines that the waiver is justified for national security 
     reasons.
       (2) Notice of waiver.--The President shall publish a notice 
     of each waiver made under this subsection in the Federal 
     Register not later than the date on which the report required 
     under paragraph (1) or (3) of subsection (h) is submitted to 
     the appropriate congressional committees. The report shall 
     specify whether waivers under this subsection were made and 
     with respect to which elements.
       (j) Definitions.--In this section:
       (1) Amounts appropriated or otherwise made available for 
     the reconstruction of afghanistan.--The term ``amounts 
     appropriated or otherwise made available for the 
     reconstruction of Afghanistan'' means--
       (A) amounts appropriated or otherwise made available for 
     any fiscal year--
       (i) to the Afghanistan Security Forces Fund;
       (ii) to the program to assist the people of Afghanistan 
     established under section 1202(a)(2) of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3455); and
       (iii) to the Department of Defense for assistance for the 
     reconstruction of Afghanistan under any other provision of 
     law; and
       (B) amounts appropriated or otherwise made available for 
     any fiscal year for Afghanistan reconstruction under the 
     following headings or for the following purposes:
       (i) Operating Expenses of the United States Agency for 
     International Development.
       (ii) Economic Support Fund.
       (iii) International Narcotics Control and Law Enforcement.
       (iv) International Affairs Technical Assistance.
       (v) Peacekeeping Operations.
       (vi) Diplomatic and Consular Programs.
       (vii) Embassy Security, Construction, and Maintenance.
       (viii) Child Survival and Health.
       (ix) Development Assistance.
       (x) International Military Education and Training.
       (xi) Nonproliferation, Anti-terrorism, Demining and Related 
     Programs.
       (xii) Public Law 480 Title II Grants.
       (xiii) International Disaster and Famine Assistance.
       (xiv) Migration and Refugee Assistance.
       (xv) Operations of the Drug Enforcement Agency.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committees on Appropriations, Armed Services, 
     Foreign Relations, and Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committees on Appropriations, Armed Services, 
     Foreign Affairs, and Homeland Security of the House of 
     Representatives.
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (k) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for fiscal year 2008 to carry out this section.
       (2) Offset.--The amount authorized to be appropriated by 
     section 1512 for the Afghanistan Security Forces Fund is 
     hereby reduced by $20,000,000.
       (l) Termination.--
       (1) In general.--The Office of the Special Inspector 
     General for Afghanistan Reconstruction shall terminate on 
     September 30, 2010, with transition operations authorized to 
     continue until December 31, 2010.
       (2) Final accountability report.--The Inspector General 
     shall, prior to the termination of the Office of the Special 
     Inspector General for Afghanistan Reconstruction under 
     paragraph (1), prepare and submit to the appropriate 
     congressional committees a final accountability report on all 
     referrals for the investigation of any potential unethical or 
     illegal actions of Federal employees, contractors, or 
     affiliated entities made to the Department of Justice or any 
     other United States law enforcement entity to ensure further 
     investigations, prosecutions, or remedies.
                                 ______
                                 
  SA 3013. Mr. VOINOVICH 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. RESPONSIBLE REDUCTION OF UNITED STATES FORCES IN 
                   IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) The precipitous withdrawal of United States forces from 
     Iraq would have dangerous consequences for the national 
     security of the United States and our allies, including the 
     potential for destabilization of the Middle East region, the 
     disintegration of United States relations with United States 
     allies in the region, the endangerment of vital energy 
     supplies in the region, and irreparable damage to the 
     credibility of the United States throughout the world.
       (2) The United States must remain engaged in Iraq and the 
     Middle East region for the foreseeable future to protect our 
     national security interests.
       (3) There are limits on the forces the United States has 
     available for deployment, and those limits necessitate a 
     reduction in United States forces in Iraq.
       (4) General Petraeus has stated that a reduction in United 
     States forces in Iraq will be imminent as a result of 
     security gains in Iraq and the limits on United States forces 
     available for deployment.
       (b) Responsible Reduction of United States Forces in 
     Iraq.--The President shall commence a responsible reduction 
     in the number of United States forces in Iraq commencing not 
     later than 120 days after the date of the enactment of this 
     Act.
       (c) Implementation of Reduction as Part of Comprehensive 
     Strategy.--
       (1) In general.--The reduction in United States forces 
     required by this section shall be implemented as part of a 
     comprehensive diplomatic, political, and economic strategy 
     that will include increased engagement with Iraq's neighbors 
     and the international community for the purpose of working 
     collectively to bring stability to Iraq.
       (2) International mediation.--In carrying out the strategy 
     described in paragraph (1), the President shall instruct the 
     United States Permanent Representative to the United Nations 
     to use the voice, vote, and influence of the United States at 
     the United Nations to seek the appointment of a senior 
     representative of the Secretary General of

[[Page S11910]]

     the United Nations to Iraq who has the authority of the 
     international community to engage political, religious, 
     ethnic, and tribal leaders in Iraq in an inclusive political 
     process.
       (3) Sense of congress.--It is the sense of Congress that, 
     in carrying out the strategy described in paragraph (1), the 
     President should--
       (A) work with the United Nations to continue the efforts 
     initiated at Sharm El Sheikh in April 2007 and implement 
     fully the terms of the International Compact with respect to 
     Iraq; and
       (B) support the decision of the United Nations Security 
     Council on August 10, 2007, to strengthen the mandate of the 
     United Nations Assistance Mission in Iraq in areas such as 
     national reconciliation, regional dialogue, humanitarian 
     assistance, and human rights.
       (d) Limited Presence of United States Forces After 
     Reduction.--The goal of the reduction of United States 
     required by this section shall be a limited presence for 
     United States forces in Iraq at the completion of the 
     reduction, with the missions of United States forces in Iraq 
     after the completion of the reduction limited to the 
     following:
       (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.
       (4) Providing support for targeted operations by Iraqi 
     Security Forces against extremist militia groups, such as 
     Jaish al Mahdi, which conduct attacks against United States 
     forces and Iraqi Security Forces.
       (5) Engaging in counterinsurgency operations which support 
     the counterterrorism mission described in paragraph (3).
       (6) Providing personnel and support to Provisional 
     Reconstruction Teams until civilian personnel can be 
     recruited to fill positions in such teams.
       (7) Sharing information and intelligence as necessary with 
     Iraqi Security Forces to achieve the missions described in 
     paragraphs (1) through (6).
       (e) Report on Reduction.--Not later than 180 days after the 
     date of the enactment of this Joint Resolution, the Secretary 
     of Defense shall submit to Congress a report setting forth 
     the following:
       (1) The scheduled date of the completion of the reduction 
     and transition of United States forces in Iraq to a limited 
     presence of carrying out the missions specified in subsection 
     (d).
       (2) A comprehensive description of efforts to prepare for 
     the reduction and transition of United States forces in Iraq 
     in accordance with this Joint Resolution and to limit any 
     destabilizing consequences of such reduction and transition, 
     including a description of efforts to work with the United 
     Nations and allies in the region toward that objective.
                                 ______
                                 
  SA 3014. Mr. SESSIONS (for himself, Mrs. Feinstein, and Mr. Specter) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 824 and insert the following:

     SEC. 824. COMPTROLLER GENERAL REPORT ON EMPLOYMENT 
                   OPPORTUNITIES FOR FEDERAL PRISONERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall, in coordination with the Attorney 
     General, submit to Congress a report setting forth such 
     modifications to law or regulations as may be required to 
     provide sufficient employment opportunities for Federal 
     prisoners to reduce recidivism among, and to promote job 
     skills for, the growing population of Federal prisoners.
       (b) Elements.--The report shall include an assessment of 
     the following:
       (1) The effect of the current Federal Prison Industries 
     program on private industry.
       (2) The impact of limitations on authorized purchasers of 
     Federal Prison Industries products, and proposed alternative 
     employment opportunities for Federal prisoners that may be 
     used to reduce any negative impact on the Federal Prison 
     Industries program of the modifications set forth in 
     subsection (a).
                                 ______
                                 
  SA 3015. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle 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) 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 consider establishing 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 90 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)(5).
       (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 selection criteria that reflect the key 
     performance parameters and attributes identified in an Army-
     approved service requirements document.
       (e) Report on Joint Enhanced Carbine.--Not later than 120 
     days after the date of the enactment of this Act, 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 lieu of a developmental program 
     intended to meet the proposed Joint Enhanced Carbine 
     requirement.
       (3) The reprogramming of funds for the procurement of small 
     arms from the procurement of M4 Carbines to the procurement 
     of 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 that meet service-approved 
     requirements, which weapons may be nondevelopmental items 
     selected through full and open competition.
                                 ______
                                 
  SA 3016. Mr. HATCH (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1070. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.

       (a) Report.--Not later than 190 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     status, capability, viability, and capacity of the solid 
     rocket motor industrial base in the United States.
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) An assessment of the ability to maintain the Minuteman 
     III intercontinental ballistic missile through its planned 
     operational life.
       (2) An assessment of the ability to maintain the Trident II 
     D-5 submarine launched ballistic missile through its planned 
     operational life.
       (3) An assessment of the ability to maintain all other 
     space launch, missile defense, and other vehicles with solid 
     rocket motors, through their planned operational lifetimes.
       (4) An assessment of the ability to support any future 
     requirements for vehicles with solid rocket motors to support 
     space launch, missile defense, or any range of ballistic 
     missiles determined to be necessary to meet defense needs or 
     other requirements of the United States Government.
       (5) An assessment of the required materials, the supplier 
     base, the production facilities, and the production workforce 
     needed to

[[Page S11911]]

     ensure that current and future requirements could be met.
       (6) An assessment of the adequacy of the current and 
     anticipated programs to support an industrial base that would 
     be needed to support the range of future requirements.
       (c) Comptroller General Review.--Not later than 60 days 
     after submittal under subsection (a) of the report required 
     by that subsection, the Comptroller General of the United 
     States shall submit to the congressional defense committees a 
     report setting forth the Comptroller General's assessment of 
     the matters contained in the report under subsection (a), 
     including an assessment of the consistency of the budget of 
     the President for fiscal year 2009, as submitted to Congress 
     pursuant to section 1105 of title 31, United States Code, 
     with the matters contained in the report under subsection 
     (a).
                                 ______
                                 
  SA 3017. Mr. KYL (for himself, Mr. Lieberman, and Mr. Coleman) 
proposed an amendment to amendment SA 2011 proposed by Mr. Nelson of 
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

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

     SEC. 1535. SENSE OF SENATE ON IRAN.

       (a) Findings.--The Senate makes the following findings:
       (1) General David Petraeus, commander of the Multi-National 
     Force Iraq, stated in testimony before a joint session of the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives on September 10, 
     2007, that ``[i]t is increasingly apparent to both coalition 
     and Iraqi leaders that Iran, through the use of the Iranian 
     Republican Guard Corps Qods Force, seeks to turn the Shi'a 
     militia extremists into a Hezbollah-like force to serve its 
     interests and fight a proxy war against the Iraqi state and 
     coalition forces in Iraq''.
       (2) Ambassador Ryan Crocker, United States Ambassador to 
     Iraq, stated in testimony before a joint session of the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives on September 10, 
     2007, that ``Iran plays a harmful role in Iraq. While 
     claiming to support Iraq in its transition, Iran has actively 
     undermined it by providing lethal capabilities to the enemies 
     of the Iraqi state''.
       (3) The most recent National Intelligence Estimate on Iraq, 
     published in August 2007, states that ``Iran has been 
     intensifying aspects of its lethal support for select groups 
     of Iraqi Shia militants, particularly the JAM [Jaysh al-
     Mahdi], since at least the beginning of 2006. Explosively 
     formed penetrator (EFP) attacks have risen dramatically''.
       (4) The Report of the Independent Commission on the 
     Security Forces of Iraq, released on September 6, 2007, 
     states that ``[t]he Commission concludes that the evidence of 
     Iran's increasing activism in the southeastern part of the 
     country, including Basra and Diyala provinces, is compelling. 
     . . . It is an accepted fact that most of the sophisticated 
     weapons being used to `defeat' our armor protection comes 
     across the border from Iran with relative impunity''.
       (5) General (Ret.) James Jones, chairman of the Independent 
     Commission on the Security Forces of Iraq, stated in 
     testimony before the Committee on Armed Services of the 
     Senate on September 6, 2007, that ``[w]e judge that the 
     goings-on across the Iranian border in particular are of 
     extreme severity and have the potential of at least delaying 
     our efforts inside the country. Many of the arms and weapons 
     that kill and maim our soldiers are coming from across the 
     Iranian border''.
       (6) General Petraeus said of Iranian support for extremist 
     activity in Iraq on April 26, 2007, that ``[w]e know that it 
     goes as high as [Brig. Gen. Qassem] Suleimani, who is the 
     head of the Qods Force. . . . We believe that he works 
     directly for the supreme leader of the country''.
       (7) Mahmoud Ahmedinejad, the president of Iran, stated on 
     August 28, 2007, with respect to the United States presence 
     in Iraq, that ``[t]he political power of the occupiers is 
     collapsing rapidly. Soon we will see a huge power vacuum in 
     the region. Of course we are prepared to fill the gap''.
       (8) Ambassador Crocker testified to Congress, with respect 
     to President Ahmedinejad's statement, on September 11, 2007, 
     that ``[t]he Iranian involvement in Iraq--its support for 
     extremist militias, training, connections to Lebanese 
     Hezbollah, provision of munitions that are used against our 
     force as well as the Iraqis--are all, in my view, a pretty 
     clear demonstration that Ahmedinejad means what he says, and 
     is already trying to implement it to the best of his 
     ability''.
       (9) General Petraeus stated on September 12, 2007, with 
     respect to evidence of the complicity of Iran in the murder 
     of members of the Armed Forces of the United States in Iraq, 
     that ``[t]e evidence is very, very clear. We captured it when 
     we captured Qais Khazali, the Lebanese Hezbollah deputy 
     commander, and others, and it's in black and white. . . . We 
     interrogated these individuals. We have on tape. . . . Qais 
     Khazali himself. When asked, could you have done what you 
     have done without Iranian support, he literally throws up his 
     hands and laughs and says, of course not. . . . So they told 
     us about the amounts of money that they have received. They 
     told us about the training that they received. They told us 
     about the ammunition and sophisticated weaponry and all of 
     that that they received''.
       (10) General Petraeus further stated on September 14, 2007, 
     that ``[w]hat we have got is evidence. This is not 
     intelligence. This is evidence, off computers that we 
     captured, documents and so forth. . . . In one case, a 22-
     page document that lays out the planning, reconnaissance, 
     rehearsal, conduct, and aftermath of the operation conducted 
     that resulted in the death of five of our soldiers in Karbala 
     back in January''.
       (11) The Department of Defense report to Congress entitled 
     ``Measuring Stability and Security in Iraq'' and released on 
     September 18, 2007, consistent with section 9010 of Public 
     Law 109-289, states that ``[t]here has been no decrease in 
     Iranian training and funding of illegal Shi'a militias in 
     Iraq that attack Iraqi and Coalition forces and civilians. . 
     . Tehran's support for these groups is one of the greatest 
     impediments to progress on reconciliation''.
       (12) The Department of Defense report further states, with 
     respect to Iranian support for Shi'a extremist groups in 
     Iraq, that ``[m]ost of the explosives and ammunition used by 
     these groups are provided by the Iranian Islamic 
     Revolutionary Guard Corps-Qods Force. . . For the period of 
     June through the end of August, [explosively formed 
     penetrator] events are projected to rise by 39 percent over 
     the period of March through May''.
       (13) Since May 2007, Ambassador Crocker has held three 
     rounds of talks in Baghdad on Iraq security with 
     representatives of the Government of the Islamic Republic of 
     Iran.
       (14) Ambassador Crocker testified before Congress on 
     September 10, 2007, with respect to these talks, stating that 
     ``I laid out the concerns we had over Iranian activity that 
     was damaging to Iraq's security, but found no readiness on 
     Iranians' side at all to engage seriously on these issues. 
     The impression I came with after a couple rounds is that the 
     Iranians were interested simply in the appearance of 
     discussions, of being seen to be at the table with the U.S. 
     as an arbiter of Iraq's present and future, rather than 
     actually doing serious business . . . Right now, I haven't 
     seen any sign of earnest or seriousness on the Iranian 
     side''.
       (15) Ambassador Crocker testified before Congress on 
     September 11, 2007, stating that ``[w]e have seen nothing on 
     the ground that would suggest that the Iranians are altering 
     what they're doing in support of extremist elements that are 
     going after our forces as well as the Iraqis''.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) that the manner in which the United States transitions 
     and structures its military presence in Iraq will have 
     critical long-term consequences for the future of the Persian 
     Gulf and the Middle East, in particular with regard to the 
     capability of the Government of the Islamic Republic of Iran 
     to pose a threat to the security of the region, the prospects 
     for democracy for the people of the region, and the health of 
     the global economy;
       (2) that it is a vital national interest of the United 
     States to prevent the Government of the Islamic Republic of 
     Iran from turning Shi'a militia extremists in Iraq into a 
     Hezbollah-like force that could serve its interests inside 
     Iraq, including by overwhelming, subverting, or co-opting 
     institutions of the legitimate Government of Iraq;
       (3) that it should be the policy of the United States to 
     combat, contain, and roll back the violent activities and 
     destabilizing influence inside Iraq of the Government of the 
     Islamic Republic of Iran, its foreign facilitators such as 
     Lebanese Hezbollah, and its indigenous Iraqi proxies;
       (4) to support the prudent and calibrated use of all 
     instruments of United States national power in Iraq, 
     including diplomatic, economic, intelligence, and military 
     instruments, in support of the policy described in paragraph 
     (3) with respect to the Government of the Islamic Republic of 
     Iran and its proxies;
       (5) that the United States should designate the Islamic 
     Revolutionary Guards Corps as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act and place the Islamic Revolutionary Guards 
     Corps on the list of Specially Designated Global Terrorists, 
     as established under the International Emergency Economic 
     Powers Act and initiated under Executive Order 13224; and
       (6) that the Department of the Treasury should act with all 
     possible expediency to complete the listing of those entities 
     targeted under United Nations Security Council Resolutions 
     1737 and 1747 adopted unanimously on December 23, 2006 and 
     March 24, 2007, respectively.
                                 ______
                                 
  SA 3018. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and

[[Page S11912]]

for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 214. GULF WAR ILLNESSES RESEARCH.

       (a) Funding.--Of the amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation for Army and available for Medical Advanced 
     Technology, $15,000,000 shall be available for the Army 
     Medical Research and Materiel Command to carry out, as part 
     of its Medical Research Program required by Congress, a 
     program for Gulf War Illnesses Research.
       (b) Purpose.--The purpose of the program shall be to 
     develop diagnostic markers and treatments for the complex of 
     symptoms commonly known as ``Gulf War Illnesses (GWI)'', 
     including widespread pain, cognitive impairment, and 
     persistent fatigue in conjunction with diverse other symptoms 
     and abnormalities, that are associated with service in the 
     Southwest Asia theater of operations in the early 1990s 
     during the Persian Gulf War.
       (c) Program Activities.--
       (1) Highest priority under the program shall be afforded to 
     pilot and observational studies of treatments for the complex 
     of symptoms described in subsection (b) and comprehensive 
     clinical trials of such treatments that have demonstrated 
     effectiveness in previous past pilot and observational 
     studies.
       (2) Secondary priority under the program shall be afforded 
     to studies that identify objective markers for such complex 
     of symptoms and biological mechanisms underlying such complex 
     of symptoms that can lead to the identification and 
     development of such markers and treatments.
       (3) No study shall be funded under the program that is 
     based on psychiatric illness and psychological stress as the 
     central cause of such complex of symptoms (as is consistent 
     with current research findings).
       (d) Competitive Selection and Peer Review.--The program 
     shall be conducted using competitive selection and peer 
     review for the identification of activities having the most 
     substantial scientific merit, utilizing individuals with 
     recognized expertise in Gulf War illnesses in the design of 
     the solicitation and in the scientific and programmatic 
     review processes.
                                 ______
                                 
  SA 3019. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 536. ENHANCEMENT OF REVERSE SOLDIER READINESS PROCESSING 
                   DEMOBILIZATION PROCEDURE FOR MEMBERS OF THE 
                   NATIONAL GUARD AND RESERVE.

       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 National 
     Guard and Reserve for health care provided by the Department 
     of Veterans Affairs.
       (2) The provision of assistance to members of the National 
     Guard and Reserve in applying for benefits and services from 
     the Department of Veterans Affairs.
       (3) The provision of information to members of the National 
     Guard and Reserve on the benefits and services available 
     through the Department of Veterans Affairs.
                                 ______
                                 
  SA 3020. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 574. INNOCENT CHILD PROTECTION IN EXECUTION OF SENTENCES 
                   OF DEATH.

       Section 857 of title 10, United States Code (article 57 of 
     the Uniform Code of Military Justice), is amended--
       (1) in subsection (c), by adding at the end the following 
     new sentence: ``However, in the case of a sentence of death, 
     the convening authority shall delay execution of sentence to 
     the extent necessary to prevent the death of an innocent 
     child in utero.''; and
       (2) by adding at the end the following new subsections:
       ``(d) Protection of Innocent Child in Utero in Execution of 
     Sentence of Death.--It shall be unlawful for any authority, 
     military or civil, of the United States, a State, or any 
     district, possession, commonwealth or other territory under 
     the authority of the United States to carry out a sentence of 
     death on a woman while she carries an innocent child in 
     utero.
       ``(e) Innocent Child in Utero Defined.--In this section, 
     the term `innocent child in utero' means a member of the 
     species homo sapiens, at any stage of development, who is 
     carried in the womb.''.
                                 ______
                                 
  SA 3021. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1044. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND 
                   ACCOUNTING SERVICE RESPONSE TO BUTTERBAUGH V. 
                   DEPARTMENT OF JUSTICE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report setting forth an assessment by the 
     Comptroller General of the response of the Defense Finance 
     and Accounting Service to the decision in Butterbaugh v. 
     Department of Justice (336 F.3d 1332 (2003)).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimate of the number of members of the reserve 
     components of the Armed Forces, both past and present, who 
     are entitled to compensation under the decision in 
     Butterbaugh v. Department of Justice.
       (2) An assessment of the current policies, procedures, and 
     timeliness of the Defense Finance and Accounting Service in 
     implementing and resolving claims under the decision in 
     Butterbaugh v. Department of Justice.
       (3) An assessment of whether or not the decisions made by 
     the Defense Finance and Accounting Service in implementing 
     the decision in Butterbaugh v. Department of Justice follow a 
     consistent pattern of resolution.
       (4) An assessment of whether or not the decisions made by 
     the Defense Finance and Accounting Service in implementing 
     the decision in Butterbaugh v. Department of Justice are 
     resolving claims by providing more compensation than an 
     individual has been able to prove, under the rule of 
     construction that laws providing benefits to veterans are 
     liberally construed in favor of the veteran.
       (5) An estimate of the total amount of compensation payable 
     to members of the reserve components of the Armed Forces, 
     both past and present, as a result of the recent decision in 
     Hernandez v. Department of the Air Force (No. 2006-3375, slip 
     op.) that leave can be reimbursed for Reserve service before 
     1994, when Congress enacted chapter 43 of title 38, United 
     States Code (commonly referred to as the ``Uniformed Services 
     Employment and Reemployment Rights Act'').
       (6) A comparative assessment of the handling of claims by 
     the Defense Finance and Accounting Service under the decision 
     in Butterbaugh v. Department of Justice with the handling of 
     claims by other Federal agencies (selected by the Comptroller 
     General for purposes of the comparative assessment) under 
     that decision.
       (7) A statement of the number of claims by members of the 
     reserve components of the Armed Forces under the decision in 
     Butterbaugh v. Department of Justice that have been 
     adjudicated by the Defense Finance and Accounting Service.
       (8) A statement of the number of claims by members of the 
     reserve components of the Armed Forces under the decision in 
     Butterbaugh v. Department of Justice that have been denied by 
     the Defense Finance and Accounting Service.
       (9) A comparative assessment of the average amount of time 
     required for the Defense Finance and Accounting Service to 
     resolve a claim under the decision in Butterbaugh v. 
     Department of Justice with the average amount of time 
     required by other Federal agencies (as so selected) to 
     resolve a claim under that decision.
       (10) A comparative statement of the backlog of claims with 
     the Defense Finance and Accounting Service under the decision 
     in Butterbaugh v. Department of Justice with the backlog of 
     claims of other Federal agencies (as so selected) under that 
     decision.
       (11) An estimate of the amount of time required for the 
     Defense Finance and Accounting Service to resolve all 
     outstanding claims under the decision in Butterbaugh v. 
     Department of Justice.
       (12) An assessment of the reasonableness of the requirement 
     of the Defense Finance and Accounting Service for the 
     submittal by members of the reserve components of the Armed 
     Forces of supporting documentation

[[Page S11913]]

     for claims under the decision in Butterbaugh v. Department of 
     Justice.
       (13) A comparative assessment of the requirement of the 
     Defense Finance and Accounting Service for the submittal by 
     members of the reserve components of the Armed Forces of 
     supporting documentation for claims under the decision in 
     Butterbaugh v. Department of Justice with the requirement of 
     other Federal agencies (as so selected) for the submittal by 
     such members of supporting documentation for such claims.
       (14) Such recommendations for legislative action as the 
     Comptroller General considers appropriate in light of the 
     decision in Butterbaugh v. Department of Justice and the 
     decision in Hernandez v. Department of the Air Force.

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