[Congressional Record Volume 153, Number 145 (Thursday, September 27, 2007)]
[Senate]
[Pages S12295-S12312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3076. 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; as follows:

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

     SEC. 1234. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES 
                   CITIZENS AND THEIR RELATIVES IN NORTH KOREA.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall submit 
     to Congress a report on family reunions between United States 
     citizens and their relatives in the Democratic People's 
     Republic of Korea.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) An estimate of the current number of United States 
     citizens with relatives in North Korea, and an estimate of 
     the current number of such United States citizens who are 
     more than 70 years of age.
       (2) An estimate of the number of United States citizens who 
     have traveled to North Korea for family reunions.
       (3) An estimate of the amounts of money and aid that went 
     from the Korean-American community to North Korea in 2007.
       (4) A summary of any allegations of fraud by third-party 
     brokers in arranging family reunions between United States 
     citizens and their relatives in North Korea.
       (5) A description of the efforts, if any, of the President 
     to facilitate reunions between the United States citizens and 
     their relatives in North Korea, including the following:
       (A) Negotiating with the Democratic People's Republic of 
     Korea to permit family reunions between United States 
     citizens and their relatives in North Korea.
       (B) Planning, in the event of a normalization of relations 
     between the United States and the Democratic People's 
     Republic of Korea, to dedicate personnel and resources at the 
     United States embassy in Pyongyang, Democratic People's 
     Republic of Korea, to facilitate reunions between United 
     States citizens and their relatives in North Korea.
       (C) Informing Korean-American families of fraudulent 
     practices by certain third-party brokers who arrange reunions 
     between United States citizens and their relatives in North 
     Korea, and seeking an end to such practices.
       (D) Developing standards for safe and transparent family 
     reunions overseas involving United States citizens and their 
     relatives in North Korea.
       (6) What additional efforts in the areas described in 
     paragraph (5), if any, the President would consider desirable 
     and feasible.
                                 ______
                                 
  SA 3077. Mr. KENNEDY (for himself and Mr. McCain) 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:

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

     SEC. 132. LITTORAL COMBAT SHIP (LCS) PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) The plan of the Chief of Naval Operations to 
     recapitalize the United States Navy to at least 313 battle 
     force ships is essential for meeting the long-term 
     requirements of the National Military Strategy.
       (2) Fiscal challenges to the plan to build a 313-ship fleet 
     require that the Navy exercise discipline in determining 
     warfighter requirements and responsibility in estimating, 
     budgeting, and controlling costs.
       (3) The 55-ship Littoral Combat Ship (LCS) program is 
     central to the shipbuilding plan of the Navy. The inability 
     of the Navy to control requirements and costs on the two lead 
     ships of the Littoral Combat Ship program raises serious 
     concerns regarding the capacity of the Navy to affordably 
     build a 313-ship fleet.
       (4) According to information provided to Congress by the 
     Navy, the cost growth in the Littoral Combat Ship program was 
     attributable to several factors, most notably that--
       (A) the strategy adopted for the Littoral Combat Ship 
     program, a so-called ``concurrent design-build'' strategy, 
     was a high-risk strategy that did not account for that risk 
     in the cost and schedule for the lead ships in the program;
       (B) inadequate emphasis was placed on ``bid realism'' in 
     the evaluation of contract proposals under the program;
       (C) late incorporation of Naval Vessel Rules into the 
     program caused significant design delays and cost growth;
       (D) the Earned Value Management System of the contractor 
     under the program did not adequately measure shipyard 
     performance, and the Navy program organizations did not 
     independently assess cost performance;
       (E) the Littoral Combat Ship program organization was 
     understaffed and lacking in the experience and qualifications 
     required for a major defense acquisition program;
       (F) the Littoral Combat Ship program organization was aware 
     of the increasing costs of the Littoral Combat Ship program, 
     but did not communicate those cost increases directly to the 
     Assistant Secretary of the Navy in a time manner; and
       (G) the relationship between the Naval Sea Systems Command 
     and the program executive offices for the program was 
     dysfunctional.
       (b) Requirement.--In order to halt further cost growth in 
     the Littoral Combat Ship program, costs and government 
     liability under future contracts under the Littoral Combat 
     Ship program shall be limited as follows:

[[Page S12296]]

       (1) Limitation of costs.--The total amount obligated or 
     expended for the procurement costs of the fifth and sixth 
     vessels in the Littoral Combat Ship (LCS) class of vessels 
     shall not exceed $460,000,000 per vessel.
       (2) Procurement costs.--For purposes of paragraph (1), 
     procurement costs shall include all costs for plans, basic 
     construction, change orders, electronics, ordnance, 
     contractor support, and other costs associated with 
     completion of production drawings, ship construction, test, 
     and delivery, including work performed post-delivery that is 
     required to meet original contract requirements.
       (3) Contract type.--The Navy shall employ a fixed-price 
     type contract for construction of the fifth and following 
     ships of the Littoral Combat Ship class of vessels.
       (4) Limitation of government liability.--The Navy shall not 
     enter into a contract, or modify a contract, for construction 
     of the fifth or sixth vessel of the Littoral Combat Ship 
     class of vessels if the limitation of the Government's cost 
     liability, when added to the sum of other budgeted 
     procurement costs, would exceed $460,000,000 per vessel.
       (5) Adjustment of limitation amount.--The Secretary of the 
     Navy may adjust the amount set forth in paragraphs (1) and 
     (4) for either vessel referred to in such paragraph by the 
     following:
       (A) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2007.
       (B) The amounts of outfitting costs and costs required to 
     complete post-delivery test and trials.
       (c) Repeal of Superseded Authority.--Section 124 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3157) is repealed.
                                 ______
                                 
  SA 3078. Mr. OBAMA (for himself, Mr. Bond, Mrs. Boxer, Mr. Lieberman, 
Mrs. McCaskill, and 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 H of title V, add the following:

     SEC. 594. ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED 
                   FORCES FOR PERSONALITY DISORDER.

       (a) Clinical Review of Administrative Separations Based on 
     Personality Disorder.--
       (1) Review of separations of certain members.--Not later 
     than 30 days after the date of the enactment of this Act, and 
     continuing until the Secretary of Defense submits to Congress 
     the report required by subsection (b), a covered member of 
     the Armed Forces may not, except as provided in paragraph 
     (2), be administratively separated from the Armed Forces on 
     the basis of a personality disorder.
       (2) Clinical review of proposed separations based on 
     personality disorder.--
       (A) In general.--A covered member of the Armed Forces may 
     be administratively separated from the Armed Forces on the 
     basis of a personality disorder under this paragraph if a 
     clinical review of the case is conducted by a senior officer 
     in the office of the Surgeon General of the Armed Force 
     concerned who is a credentialed mental health provider and 
     who is fully qualified to review cases involving maladaptive 
     behavior (personality disorder), diagnosis and treatment of 
     post-traumatic stress disorder, or other mental health 
     conditions.
       (B) Purposes of review.--The purposes of the review with 
     respect to a member under subparagraph (A) are as follows:
       (i) To determine whether the diagnosis of personality order 
     in the member is correct and fully documented.
       (ii) To determine whether evidence of other mental health 
     conditions (including depression, post-traumatic stress 
     disorder, substance abuse, or traumatic brain injury) 
     resulting from service in a combat zone may exist in the 
     member which indicate that the separation of the member from 
     the Armed Forces on the basis of a personality disorder is 
     inappropriate pending diagnosis and treatment, and, if so, 
     whether initiation of medical board procedures for the member 
     is warranted.
       (b) Secretary of Defense Report on Administrative 
     Separations Based on Personality Disorder.--
       (1) Report required.--Not later than April 1, 2008, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on all cases of administrative separation from the 
     Armed Forces of covered members of the Armed Forces on the 
     basis of a personality disorder.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A statement of the total number of cases, by Armed 
     Force, in which covered members of the Armed Forces have been 
     separated from the Armed Forces on the basis of a personality 
     disorder, and an identification of the various forms of 
     personality order forming the basis for such separations.
       (B) A statement of the total number of cases, by Armed 
     Force, in which covered members of the Armed Forces who have 
     served in Iraq and Afghanistan since October 2001 have been 
     separated from the Armed Forces on the basis of a personality 
     disorder, and the identification of the various forms of 
     personality disorder forming the basis for such separations.
       (C) A summary of the policies, by Armed Forces, controlling 
     administrative separations of members of the Armed Forces 
     based on personality disorder, and an evaluation of the 
     adequacy of such policies for ensuring that covered members 
     of the Armed Forces who may be eligible for disability 
     evaluation due to mental health conditions are not separated 
     from the Armed Forces prematurely or unjustly on the basis of 
     a personality order.
       (D) A discussion of measures being implemented to ensure 
     that members of the Armed Forces who should be evaluated for 
     disability separation or retirement due to mental health 
     conditions are not prematurely or unjustly processed for 
     separation from the Armed Forces on the basis of a 
     personality disorder, and recommendations regarding how 
     members of the Armed Forces who may have been so separated 
     from the Armed Forces should be provided with expedited 
     review by the applicable board for the correction of military 
     records.
       (c) Comptroller General Report on Policies on 
     Administrative Separation Based on Personality Disorder.--
       (1) Report required.--Not later than June 1, 2008, the 
     Comptroller General shall submit to Congress a report on the 
     policies and procedures of the Department of Defense and of 
     the military departments relating to the separation of 
     members of the Armed Forces based on a personality disorder.
       (2) Elements.--The report required by paragraph (1) shall--
       (A) include an audit of a sampling of cases to determine 
     the validity and clinical efficacy of the policies and 
     procedures referred to in paragraph (1) and the extent, if 
     any, of the divergence between the terms of such policies and 
     procedures and the implementation of such policies and 
     procedures; and
       (B) include a determination by the Comptroller General of 
     whether, and to what extent, the policies and procedures 
     referred to in paragraph (1)--
       (i) deviate from standard clinical diagnostic practices and 
     current clinical standards; and
       (ii) provide adequate safeguards aimed at ensuring that 
     members of the Armed Forces who suffer from mental health 
     conditions (including depression, post-traumatic stress 
     disorder, or traumatic brain injury) resulting from service 
     in a combat zone are not prematurely or unjustly separated 
     from the Armed Forces on the basis of a personality disorder.
       (d) Covered Member of the Armed Forces Defined.--In this 
     section, the term ``covered member of the Armed 
     Forces''includes the following:
       (1) Any member of a regular component of the Armed Forces 
     of the Armed Forces who has served in Iraq or Afghanistan 
     since October 2001.
       (2) Any member of the Selected Reserve of the Ready Reserve 
     of the Armed Forces who served on active duty in Iraq or 
     Afghanistan since October 2001.
                                 ______
                                 
  SA 3079. Mr. BINGAMAN 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. ASSESSMENT OF TERMINATION OF RICHARD M. BARLOW 
                   FROM DEPARTMENT OF DEFENSE EMPLOYMENT.

       (a) Assessment.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     appoint an independent expert with appropriate clearances not 
     currently affiliated with the Department of Defense to assess 
     whether Richard Barlow was wrongfully terminated for his 
     actions while employed by the Department of Defense.
       (b) Review of Materials.--The independent expert is deemed 
     to have a need to know of all materials, classified and 
     unclassified, necessary to make an informed judgment of 
     Richard Barlow's termination. The Secretary of Defense shall 
     supply materials requested by the independent expert on an 
     expedited basis.
       (c) Recommendations.--
       (1) In general.--Not later than one year after appointment 
     of the independent expert, the independent expert shall 
     submit to the Secretary of Defense a report on the assessment 
     conducted under subsection (a).
       (2) Content.--The report submitted under paragraph (1) 
     shall include--
       (A) a recommendation as to whether Richard Barlow was 
     wrongfully terminated; and

[[Page S12297]]

       (B) if the recommendation is that Richard Barlow was 
     wrongfully terminated, a recommendation as to the amount of 
     compensation he is entitled to for such wrongful termination.
       (3) Form.--The report submitted under subsection (a) shall 
     be submitted in classified and unclassified forms.
       (d) Authorization.--The Secretary of Defense is authorized 
     to pay out of available funds such amount as is recommended 
     by the independent expert in (c)(2)(B).
       (e) No Inference of Liability.--Nothing in this section 
     shall be construed as an inference of liability on the part 
     of the United States.
       (f) No Agents and Attorneys Fees.--None of the payment 
     authorized by this section may be paid to or received by any 
     agent or attorney for any services rendered in connection 
     with obtaining such payment. Any person who violates this 
     subsection shall be guilty of a misdemeanor and shall be 
     subject to a fine in the amount provided in title 18, United 
     States Code.
       (g) Non-Taxability of Payment.--The payment authorized by 
     this section is in partial reimbursement for losses incurred 
     by Richard Barlow as a result of the personnel actions taken 
     by the Department of Defense and is not subject to Federal, 
     State, or local income taxes.
                                 ______
                                 
  SA 3080. 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, Mrs. Clinton, 
Mr. Durbin, Mr. Lautenberg, Mr. Reed, Mr. Rockefeller, Mr. Salazar, and 
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 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.
       (D) Vacancy.--In the event of a vacancy in the Commission, 
     the individual appointed to fill the membership shall be of 
     the same political party as the individual vacating the 
     membership.
       (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;
       (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; and
       (vi) the extent of the misuse of force and violations of 
     the laws of war or Federal law by contractors.
       (4) Reports.--
       (A) Interim report.--On January 15, 2009, 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 (provided that the quorum for a hearing 
     shall be three members of the Commission); and
       (ii) provide for 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) Inability to obtain documents or testimony.--In the 
     event the Commission is unable to obtain testimony or 
     documents needed to conduct its work, the Commission shall

[[Page S12298]]

     notify the committees of Congress of jurisdiction and 
     appropriate investigative authorities.
       (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, and the Inspector General of the 
     United States Agency for International Development, 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 3081. Mr. LAUTENBERG (for himself, Mr. Dodd, Mr. Coburn, Mr. 
Hagel, Mr. Feingold, Mr. Webb, and Mrs. McCaskill) 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:

       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.
       (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. The President may 
     appoint the Special Inspector General for Iraq Reconstruction 
     to serve as the Special Inspector General for Afghanistan 
     Reconstruction, in which case the Special Inspector General 
     for Iraq Reconstruction shall have all of the duties, 
     responsibilities, and authorities set forth under this 
     section with respect to such

[[Page S12299]]

     appointed position for the purpose of carrying out this 
     section.
       (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.
       (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

[[Page S12300]]

     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 3082. Mr. SANDERS (for himself, Mr. Byrd, Mr. Bond, Mr. Feingold, 
Mr. Webb, and Mr. Burr) 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 II, add the following:

     SEC. 214. GULF WAR ILLNESSES RESEARCH.

       (a) Funding.--
       (1) Additional amount.--The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation, Army is hereby increased by 
     $15,000,000, with the amount of the increase to be allocated 
     to Medical Advanced Technology (PE #0603002A) for the Army to 
     carry out, as part of its Congressionally Directed Medical 
     Research Programs, a program for Gulf War Illnesses Research.
       (2) Offset.--The amount authorized to be appropriated by 
     section 101(2) for missile procurement for the Army is hereby 
     decreased by $15,000,000, with the amount of the decrease to 
     be allocated to amounts available for Patriot System Summary 
     (Line 2) for Patriot PAC-3 missiles.
       (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 3083. Mr. BAYH (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, insert the following:

     SEC. 1031. DEADLINE FOR ELECTRONIC ABSENTEE VOTING 
                   GUIDELINES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Election Assistance Commission shall--
       (1) establish electronic absentee voting guidelines in 
     connection with the electronic voting demonstration project 
     under section 1604 of the National Defense Authorization Act 
     for Fiscal Year 2002 (42 U.S.C. 1973ff); and
       (2) certify to the Secretary of Defense that the Commission 
     will assist in carrying out such demonstration project.
                                 ______
                                 
  SA 3084. Mr. BAYH submitted an amendment intended to be proposed to

[[Page S12301]]

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, insert the following:

     SEC. 1031. MODIFICATIONS TO ELECTRONIC VOTING DEMONSTRATION 
                   PROJECT.

       (a) Limitation on Authority to Delay Implementation.--The 
     first sentence of section 1604(a)(2) of the National Defense 
     Authorization Act for Fiscal Year 2002 (42 U.S.C. 1973ff 
     note) is amended by inserting ``, but in no case later than 
     the regularly scheduled general election for Federal office 
     in November 2008'' before the period at the end.
       (b) Inclusion of Overseas Voters.--Section 1604 of such Act 
     is amended--
       (1) in subsections (a)(1) and (c), by inserting ``and 
     overseas voters'' after ``absent uniformed services voters'' 
     each place it appears; and
       (2) in subsection (d)--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Overseas voter.--The term `overseas voter' has the 
     meaning given such term in section 107(5) of the Uniformed 
     and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(5)).''.
       (c) Demonstration Project to Cover Federal, State, and 
     Local Elections.--Section 1604(b) of such Act is amended by 
     adding at the end the following new sentence: ``Such 
     agreements shall provide that absent uniformed service voters 
     and overseas voters may, in addition to casting ballots in 
     elections for Federal office, also cast ballots in elections 
     for State and local office through an electronic voting 
     system which is chosen by the State and which meets the 
     requirements of subsection (c) and the electronic absentee 
     voting guidelines established by the Election Commission 
     Assistance.''.
       (d) Software Requirements.--Section 1604 of such Act, as 
     amended by subsection (b), is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Software Requirements.--Software used in the 
     demonstration project under subsection (a)(1) shall--
       ``(1) utilize open-source code;
       ``(2) permit the voter to verify the votes selected by the 
     voter before the ballot is cast and counted;
       ``(3) provide the voter an opportunity to change the ballot 
     before the ballot is cast and counted; and
       ``(4) produce a record with an audit capacity.''.
       (e) Reporting Deadline.--Subsection (d) of section 1604 of 
     such Act, as redesignated by subsection (d), is amended by 
     striking ``Not later than June 1 of the year following the 
     year in which the demonstration project is conducted'' and 
     inserting ``Not later than 120 days after the election for 
     which the demonstration project is conducted''.
       (f) Report to Election Assistance Commission.--Section 1604 
     of such Act, as amended by subsection (d), is amended by 
     redesignating subsection (e) as subsection (f) and by 
     inserting after subsection (d) the following new subsection:
       ``(e) Report to Election Assistance Commission.--If the 
     demonstration project under subsection (a)(1) is carried out 
     before the Election Assistance Commission has established the 
     electronic voting absentee guidelines described in subsection 
     (a)(2), the Secretary of Defense shall report to the Election 
     Assistance Commission on the results of the demonstration 
     project for the purpose of establishing such guidelines.''.
       (g) Establishment of Long-Term Plan.--Section 1604 of such 
     Act, as amended by subsections (d) and (f), is amended by 
     redesignating subsection (f) as subsection (g) and by 
     inserting after subsection (e) the following new subsection:
       ``(f) Long-Term Plan.--
       ``(1) In general.--The Secretary of Defense shall, based on 
     the results of the demonstration project under subsection 
     (a)(1) and after consultation with stakeholders described in 
     paragraph (2), develop a long-term plan for implementing a 
     program under which absent uniformed service voters and 
     overseas voters may vote in Federal, State, and local 
     elections through electronic voting systems.
       ``(2) Stakeholders.--The stakeholders described in this 
     paragraph are--
       ``(A) absent uniformed service voters;
       ``(B) State and local election officials;
       ``(C) the Election Assistance Commission;
       ``(D) the National Institute of Standards and Technology;
       ``(E) enterprises involved with successful online public 
     voting programs; and
       ``(F) such other parties as the Secretary of Defense 
     determines would be necessary or helpful to developing the 
     plan described in paragraph (1).''.
                                 ______
                                 
  SA 3085. Ms. SNOWE (for herself 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 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), which shall not include any area that is more than 15 
     miles from the exterior boundary of that military 
     installation, that are substantially and 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 3086. 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 appropriate place in subtitle D of title X, insert 
     the following:
       Sec. 10__.  Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report describing actions taken by the 
     Department of Defense to ensure the provision of quality 
     service and procurement in a fiscally sound manner to schools 
     participating in the school lunch program established under 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1751 et seq.) that receive fresh fruits and vegetables 
     purchased by the Department of Defense under an agreement 
     with the Department of Agriculture.
                                 ______
                                 
  SA 3087. Mr. McCONNELL (for Mr. McCain) 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:

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

     SEC. 673. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY 
                   MEMBERS OF THE ARMED FORCES.

       (a) Reports Required.--Not later than April 1, 2008, the 
     Secretary of each military department shall submit to the 
     congressional defense committees a report on the utilization 
     of tuition assistance by members of the Armed Forces, whether 
     in the regular components if the Armed Forces or the reserve 
     components of the Armed Forces, under the jurisdiction of 
     such military department during fiscal year 2007.
       (b) Elements.--The report with respect to a military 
     department under subsection (a) shall include the following:
       (1) Information on the policies of such military department 
     for fiscal year 2007 regarding utilization of, and limits on, 
     tuition assistance by members of the Armed Forces under the 
     jurisdiction of such military department, including an 
     estimate of the number of members of the reserve components 
     of

[[Page S12302]]

     the Armed Forces under the jurisdiction of such military 
     department whose requests for tuition assistance during that 
     fiscal year were unfunded.
       (2) Information on the policies of such military department 
     for fiscal year 2007 regarding funding of tuition assistance 
     for each of the regular components of the Armed Forces and 
     each of the reserve components of the Armed Forces under the 
     jurisdiction of such military department.
                                 ______
                                 
  SA 3088. Mr. McCONNELL (for Mr. McCain) 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:

       At the end of title VII, add the following:

     SEC. 703. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS 
                   OF THE ARMED FORCES BEFORE THEIR DEPLOYMENT.

       Not later than April 1, 2008, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth the following:
       (1) The results of a study of the frequency of medical 
     physical examinations conducted by each component of the 
     Armed Forces (including both the regular components and the 
     reserve components of the Armed Forces) for members of the 
     Armed Forces within such component before their deployment.
       (2) A comparison of the policies of the military 
     departments concerning medical physical examinations of 
     members of the Armed Forces before their deployment, 
     including an identification of instances in which a member 
     (including a member of a reserve component) may be required 
     to undergo multiple physical examinations, from the time of 
     notification of an upcoming deployment through the period of 
     preparation for deployment.
       (3) A model of, and a business case analysis for, each of 
     the following:
       (A) A single predeployment physical examination for members 
     of the Armed Forces before their deployment.
       (B) A single system for tracking electronically the results 
     of examinations under subparagraph (A) that can be shared 
     among the military departments and thereby eliminate 
     redundancy of medical physical examinations for members of 
     the Armed Forces before their deployment.
                                 ______
                                 
  SA 3089. Mr. McCONNELL (for Mr. McCain) 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:

       At the end of title VII, add the following:

     SEC. 703. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR 
                   MEMBERS OF THE ARMED FORCES PENDING RESOLUTION 
                   OF SERVICE-RELATED MEDICAL CONDITIONS.

       Section 1145(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (3), by striking ``Transitional health 
     care'' and inserting ``Except as provided in paragraph (6), 
     transitional health care''; and
       (2) by adding at the end the following new paragraph:
       ``(6)(A) Before the end of the period of availability of 
     transitional health care for a member under paragraph (3), 
     the Secretary concerned shall ensure that the unit commander 
     of the member requires a physical examination of the member 
     in order to determine whether or not the member has a medical 
     condition relating to service on active duty covered by 
     paragraph (2) that warrants further medical care.
       ``(B) A member determined under subparagraph (A) to have a 
     medical condition described in that subparagraph shall be 
     entitled to receive medical and dental care for such medical 
     condition as if the member were a member of the armed forces 
     on active duty until such medical condition is resolved.
       ``(C) The Secretary concerned shall ensure that the Defense 
     Enrollment and Eligibility Reporting System (DEERS) is 
     continually updated in order to reflect the continuing 
     entitlement of members covered by subparagraph (B) to the 
     medical and dental care referred to in that subparagraph.''.
                                 ______
                                 
  SA 3090. Mr. McCONNELL (for Mr. McCain) 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:

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

     SEC. 656. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF 
                   RETIRED PAY FOR NON-REGULAR SERVICE.

       Section 12733(3) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period and 
     inserting ``before the year of service that includes October 
     30, 2007; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) 130 days in the year of service that includes October 
     30, 2007, and any subsequent year of service.''.
                                 ______
                                 
  SA 3091. Ms. MIKULSKI (for herself, Mr. Warner, and Mr. Coleman) 
submitted an amendment intended to be proposed by her to the bill 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. __. SMALL AND SEASONAL BUSINESSES.

       (a) Short Title.--This section may be cited as the ``Save 
     our Small and Seasonal Businesses Act of 2007''.
       (b) In General.--Section 214(g)(9)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended, by 
     striking ``an alien who has already been counted toward the 
     numerical limitation of paragraph (1)(B) during fiscal year 
     2004, 2005, or 2006 shall not again be counted toward such 
     limitation during fiscal year 2007.'' and inserting the 
     following: ``an alien who has been present in the United 
     States as an H-2B nonimmigrant during any 1 of the 3 fiscal 
     years immediately preceding the fiscal year of the approved 
     start date of a petition for a nonimmigrant worker described 
     in section 101(a)(15)(H)(ii)(b) shall not be counted toward 
     such limitation for the fiscal year in which the petition is 
     approved.''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall be effective during the 3-year period beginning on 
     October 1, 2007.
                                 ______
                                 
  SA 3092. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed to amendment SA 2011 proposed by Mr. 
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 342. SENSE OF SENATE ON THE AIR FORCE LOGISTICS CENTERS.

       (a) Findings.--The Senate makes the following findings:
       (1) Air Force Air Logistics Centers have served as a model 
     of efficiency and effectiveness in providing integrated 
     sustainment (depot maintenance, supply management, and 
     product support) for fielded weapon systems within the 
     Department of Defense. This success has been founded in the 
     integration of these dependent processes.
       (2) Air Force Air Logistics Centers have embraced best 
     practices, technology changes, and process improvements, and 
     have successfully managed increased workload while at the 
     same time reducing personnel.
       (3) Air Force Air Logistics Centers continue to 
     successfully sustain an aging aircraft fleet that is 
     performing more flying hours, with less aircraft, than at any 
     point in the last thirty years.
       (4) The Global Logistics Support Center (GLSC) concept 
     represents an attempt to apply an enterprise approach to 
     supply chain management.
       (5) The purpose of Global Logistics Support Center is to 
     eliminate redundancies and improve efficiencies across the 
     Air Force in order to best provide capable aircraft to the 
     warfighter.
       (6) The Air Force is to be commended for attempting to 
     identify potential means to create further efficiencies in 
     the Air Force logistics network.
       (7) While centralizing the execution and chain of command 
     for supply within the Air Force logistics network may add 
     value, the impact on integrated sustainment support may prove 
     detrimental and more complex and could negatively affect 
     delivery of deployment-capable aircraft to the warfighter.
       (b) Reports Required.--

[[Page S12303]]

       (1) Periodic reports required.--In order to provide 
     Congress with appropriate insight into the impact on 
     integrated sustainment capabilities during the development of 
     the Global Logistics Support Center concept, the Secretary of 
     the Air Force shall submit to the congressional defense 
     committees on a periodic basis (not less than every 120 days) 
     reports on the plans of the Air Force regarding the Global 
     Logistics Support Center.
       (2) Elements.--Each report under paragraph (1) shall 
     include, current as of the date of such report with respect 
     to the development of the Global Logistics Support Center, 
     the following:
       (A) Milestones, including criteria for achieving such 
     milestones.
       (B) Planned or potential realignments of personnel through 
     either a change of reporting official or change in 
     geographical location.
       (C) Proposed changes and potential impact to the integrated 
     aircraft sustainment process.
       (D) Proposed changes to program management, product support 
     responsibilities, or both for fielded weapon systems.
       (E) Proposed changes to the depot maintenance 
     responsibilities as such responsibilities relate to the 
     sustainment of weapon systems.
                                 ______
                                 
  SA 3093. Mr. CHAMBLISS (for himself, Mr. Hatch, and Mr. Isakson) 
submitted an amendment intended to be proposed to amendment SA 2011 
proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1029 and insert the following:

     SEC. 1029. JOINT CARGO AIRCRAFT.

       (a) In General.--
       (1) Applicability of certain document on air mobility 
     operations.--All documents, plans, budgets, and strategies 
     pertaining to the Joint Cargo Aircraft (JCA) program referred 
     to in paragraph (2) shall be consistent with and informed by 
     Department of Defense Joint Publication 3-17, entitled 
     ``Joint Doctrine, Tactics, Techniques, and Procedures for Air 
     Mobility Operations'', with specific reference to Chapter IV 
     of that publication, entitled ``Airlift'', and the relevant 
     sections of that chapter regarding Airlift Missions, 
     Operational Support Airlift, and Service Organic Operations.
       (2) Documents, plans, budgets, and strategies.--The 
     documents, plans, budgets, and strategies referred to in this 
     paragraph are all documents, plans, budgets, and strategies 
     relating to the Joint Cargo Aircraft program, including, but 
     not limited to, the following:
       (A) The Memorandum of Agreement between the Department of 
     the Army and the Department of the Air Force on the Joint 
     Cargo Aircraft Program.
       (B) The Joint Cargo Aircraft Acquisition Decision 
     Memorandum.
       (C) The Acquisition Program Baseline for the Joint Cargo 
     Aircraft Program.
       (D) The Joint Cargo Aircraft Concept of Operations.
       (E) The Fleet mix analysis for the Joint Cargo Aircraft.
       (F) The Acquisition Strategy for the Future Cargo Aircraft.
       (b) Sense of Senate on Joint Cargo Aircraft.--It is the 
     Sense of the Senate that the Army and the Air Force should 
     pursue an integrated maintenance and sustainment strategy for 
     the Joint Cargo Aircraft that takes maximum advantage of 
     capabilities organic to the United States Government.
                                 ______
                                 
  SA 3094. Mrs. BOXER 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 V, add the following:

     SEC. 522. PROHIBITION ON AVAILABILITY OF FUNDS FOR PAYMENT OF 
                   ENLISTMENT BONUSES TO CERTAIN FELONS FOR 
                   ENLISTMENT IN THE ARMED FORCES.

       No amounts authorized to be appropriated by this Act may be 
     obligated or expended for the payment to an individual of a 
     bonus for enlistment in the Armed Forces if the individual 
     has been convicted under Federal or State law of any felony 
     offense as follows:
       (1) Aggravated assault with a deadly weapon.
       (2) Arson.
       (3) Hate crime.
       (4) Sexual misconduct.
       (5) Terrorist threatening.
                                 ______
                                 
  SA 3095. Ms. LANDRIEU 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 title VI, insert the following:

                    Subtitle D--Iraq Refugee Crisis

     SEC. 1541. PROCESSING MECHANISMS.

       (a) In General.--The Secretary of State shall establish 
     processing mechanisms in Iraq and in countries in the region 
     in which
       (1) aliens described in section 1542 may apply and 
     interview for admission to the United States as refugees; and
       (2) aliens described in section 1543(b) may apply and 
     interview for admission to the United States as special 
     immigrants.
       (b) Reports.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State, :in 
     consultation with the Secretary of Homeland Security, shall 
     submit a report that contains the plans and assessment 
     described in paragraph (2) to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall--
       (A) describe the Secretary's plans to establish the 
     processing mechanisms described in subsection (a); and
       (B) contain an assessment of in-country processing that 
     makes use of video-conferencing.

     SEC. 1542. UNITED STATES REFUGEE PROGRAM PRIORITIES.

       (a) In General.--Priority 2 refugees of special 
     humanitarian concern under the refugee resettlement priority 
     system shall include--
       (1) an unmarried person under the age of 18 years old who:
       (A) is a national of Iraq; and
       (B) has been orphaned due to the death or disappearance of 
     their biological or adoptive parent, parents, or legal 
     guardians as a result of or incidental to U.S. or Coalition 
     military action in Iraq subsequent to March 1, 2003, or 
     resulting from or incidental to sectarian or religious 
     violence since March 1, 2003; and
       (C) has been determined to be without a living relative 
     between and including the ages of 30 and 70 years and are 
     willing and able to provide for their care either in Iraq or 
     in another country apart from the United States based upon a 
     review by the Iraqi government and
       a. the United States Department of State, or
       b. the United States Department of Homeland Security; or
       c. the United Nations High Commissioner for Refugees; or
       d. other non-governmental organizations or entities 
     experienced in assisting refugees and locating their nearest 
     living relatives.
       (b) Security.--An alien is not eligible to participate in 
     the program authorized under this section if the alien is 
     otherwise inadmissible to the United States under section 
     212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)).

     SEC. 1543. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

       (a) In General.--Subject to subsection (c)(1) and 
     notwithstanding any other provision of law, for purposes of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     the Secretary of Homeland Security may provide an alien 
     described in subsection (b) with the status of a special 
     immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101 
     (a)(27)), if the alien--
       (1) or an agent acting on behalf of the alien, submits to 
     the Secretary a petition under section 204 of such Act (8 
     U.S.C. 1154) for classification under section 203(b)(4) of 
     such Act (8 U.S.C. 1153(b)(4));
       (2) is otherwise eligible to receive an immigrant visa; and
       (3) is otherwise admissible to the United States for 
     permanent residence (excluding the grounds for 
     inadmissibility specified in section 212(a)(4) of such Act (8 
     U.S.C. 1182(a)(4)).
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if the alien--
       (A) is an unmarried person under the age of 18 years old; 
     and
       (B) is a national of Iraq; and
       (C) has been orphaned due to the death or disappearance of 
     their biological or adoptive parent, parents, or legal 
     guardians as a result of or incidental to U.S. or Coalition 
     military action in Iraq subsequent to March 1, 2003, or 
     resulting from or incidental to sectarian or religious 
     violence since March 1, 2003; and
       (D) has been determined to be without a living relative 
     between and including the ages of 30 and 70 years and are 
     willing and able to provide for their care either in Iraq or 
     in another country apart from the United States based upon a 
     review by the Iraqi government and
       i. the United States Department of State, or

[[Page S12304]]

       ii. the United States Department of Homeland Security; or
       iii. the United Nations High Commissioner for Refugees; or
       iv. other non-governmental organizations or entities 
     experienced in assisting refugees and locating their nearest 
     living relatives.
       (c) Numerical Limitations and Benefits.--
       (1) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this section 
     may not exceed an annual limit that the United States 
     Department of Homeland Security determines in consultation 
     with the United Nations High Commissioner for Refugees and 
     the United States Department of State for each of the 5 
     fiscal years beginning after the date of the enactment of 
     this Act.
       (2) Exclusion from numerical limitations.--Aliens provided 
     special immigrant status under this section shall not be 
     counted against any numerical limitation under sections 
     201(d), 202(a), or 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
       (3) Benefits.--Aliens provided special immigrant status 
     under this section shall be eligible for the same 
     resettlement assistance, entitlement programs, and other 
     benefits as unaccompanied minor refugees admitted under 
     section 207 of the Immigration and Naturalization Act (8 
     U.S.C. 1157).
       (4) Carry forward.--If the numerical limitation under 
     paragraph (1) is not reached during a given fiscal year, the 
     numerical limitation under paragraph (1) for the following 
     fiscal year shall be increased by a number equal to the 
     difference between--
       (A) the number of visas authorized under paragraph (1) for 
     the given fiscal year; and
       (B) the number of principal aliens provided special 
     immigrant status under this section during the given fiscal 
     year.
       (d) Visa and Passport Issuance and Fees.--Neither the 
     Secretary of State nor the Secretary of Homeland Security may 
     charge an alien described in subsection (b) any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa. The Secretary of State shall ensure that 
     aliens described in this section who are issued special 
     immigrant visas are provided with the appropriate series 
     Iraqi passport necessary to enter the United States.
       (e) Protection of Aliens.--The Secretary of State, in 
     consultation with other relevant Federal agencies, shall 
     provide an alien described in this section who is applying 
     for a special immigrant visa with protection or the immediate 
     removal from Iraq of such alien if the Secretary determines 
     that such alien is in imminent danger.
       (f) Security.--An alien is not eligible to participate in 
     the program authorized under this section if the alien is 
     otherwise inadmissible to the United States under section 
     212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)).
       (g) Definitions.--Notwithstanding any contrary definitions 
     set forth in this section, the terms defined in subsections 
     (a) and (b) of section 101 of the Immigration and Nationality 
     Act (8 U.S.C. 1101) have the same meanings when used in this 
     section.
       (h) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall promulgate regulations to carry out the provisions of 
     this section, including requirements for background checks;
       (i) Savings Provision.--Nothing in this section may be 
     construed to affect the authority of the Secretary of 
     Homeland Security under section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163).

     SEC. 1544. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.
                                 ______
                                 
  SA 3096. Mr. VOINOVICH (for himself, Mr. Alexander, Mrs. Dole, and 
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 C of title XV, add the following:

     SEC. 1535. REDUCTION OF UNITED STATES FORCES IN IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Only a political solution amongst the Iraqi themselves 
     can end the violence and bring about lasting stability in 
     Iraq.
       (2) The Iraqi political leaders have not met their own 
     benchmarks.
       (3) The Iraq Study Group under the leadership of James 
     Baker and Lee Hamilton reported in December 2006 that ``the 
     United States should not make an open-ended commitment to 
     keep large numbers of American troops deployed in Iraq'' and 
     ``if the Iraqi government does not make substantial progress 
     toward the achievement of milestones on national 
     reconciliation, security, and governance, the United States 
     should reduce its political, military, or economic support 
     for the Iraqi government''.
       (4) The Iraq Study Group also reported that ``[b]y the 
     first quarter of 2008, subject to unexpected developments in 
     the security situation on the ground, all [U.S.] combat 
     brigades not necessary for force protection could be out of 
     Iraq. At that time, U.S. combat forces in Iraq could be 
     deployed only in units embedded with Iraqi forces, in rapid-
     reaction and special operations teams, and in training, 
     equipping, advising, force protection, and search and 
     rescue''.
       (5) The Iraq Study Group also stated that the redeployment 
     of troops from Iraq should be ``subject to unexpected 
     developments in the security situation on the ground''.
       (6) The Independent Commission on the Security Forces of 
     Iraq under the leadership of retired Marine General Jim Jones 
     recently reported that a number of Iraqi Army battalions that 
     are capable of taking the lead in combating violence and 
     sectarian conflict are not in the lead and recommended 
     further that the size of ``our national footprint in Iraq be 
     reconsidered with regard to its efficiency, necessity, and 
     its cost'' and that ``[s]ignificant reductions, 
     consolidations, and realignments would appear to be possible 
     and prudent''.
       (7) The President stated in his speech to the nation on 
     September 13, 2007, that ``[o]ver time our troops will shift 
     from leading operations, to partnering with Iraqi forces--and 
     eventually to overwatching those forces. As this transition 
     in our mission takes place, our troops will focus on a more 
     limited set of tasks, including counterterrorism operations 
     and training, equipping and supporting Iraqi forces''.
       (8) General David Petraeus has stated that progress is 
     being achieved at different rates in different provinces of 
     Iraq and that further progress is likely to continue to vary 
     from province to province.
       (9) The precipitous withdrawal of all United States forces 
     from Iraq is not desirable and could have dangerous 
     consequences for the national security of the United States 
     and our allies.
       (10) The United States must remain engaged in Iraq and the 
     Middle East region for the foreseeable future to protect our 
     national security interests.
       (11) 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 and a transition of 
     those forces to a focused set of missions.
       (12) The Iraq Study Group recommended that ``[t]he United 
     States should not make an open-ended commitment to keep large 
     numbers of American troops in Iraq''.
       (13) General Petraeus has stated that a reduction in the 
     number of United States forces in Iraq to approximately the 
     pre-surge level will be imminent as a result of security 
     gains in Iraq and the limits on United States forces 
     available for deployment.
       (b) In General.--The Secretary of Defense shall commence a 
     reduction in the number of United States forces in Iraq not 
     later than 90 days after the date of the enactment of this 
     Act.
       (c) Implementation of Reduction Along With a Comprehensive 
     Strategy.--
       (1) In general.--The reduction in the number of United 
     States forces required by this section shall be implemented 
     along with 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) Larger international role in political strategy.--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 the United Nations to Iraq, under the 
     auspices of the United Nations Security Council, who has the 
     authority of the international community to engage political, 
     religious, ethnic, and tribal leaders in Iraq in an inclusive 
     political process and to promote the engagement of Iraq's 
     neighbors.
       (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 May 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 and Transition.--After the completion of the 
     reduction of United States forces that commences pursuant to 
     subsection (b), the Secretary of Defense may deploy or 
     maintain United States forces in Iraq only for the following 
     missions:
       (1) Protecting United States and coalition personnel and 
     infrastructure, including by targeted border security 
     operations.
       (2) Training, equipping, and providing logistic support to 
     the Iraqi Security Forces, including Iraqi security forces 
     operating against extremist militia groups, such as Jaish al 
     Mahdi, that conduct attacks against

[[Page S12305]]

     United States forces and Iraqi security forces.
       (3) Engaging in targeted counterterrorism operations 
     against al Qaeda, al Qaeda affiliated groups, and other 
     international terrorist organizations, including providing 
     support to Sunni operations that oppose such groups and 
     organizations.
       (4) Providing personnel and support to Provisional 
     Reconstruction Teams, until civilian personnel can be 
     recruited to fill positions on such teams.
       (5) Sharing information and intelligence as necessary with 
     Iraqi Security Forces to achieve the missions described in 
     paragraphs (1) through (4).
       (e) Completion of Transition.--The goal for the completion 
     of the transition of United States forces in Iraq to a 
     limited presence and missions as described in subsection (d) 
     shall be a date not later than 15 months after the date of 
     the enactment of this Act.
       (f) Report on Reduction and Transition.--Not later than 90 
     days after the date of the enactment of this Act and every 90 
     days thereafter, the Secretary of Defense shall submit to 
     Congress a report setting forth the following:
       (1) The plan for carrying out the reduction and transition 
     of United States forces in Iraq to a limited presence whose 
     missions do not exceed the missions specified in subsection 
     (d), including the associated force reductions, adjustments, 
     and expectations with respect to timelines.
       (2) A comprehensive description of efforts to prepare for 
     the reduction and transition of United States forces in Iraq 
     in accordance with this section and to limit any 
     destabilizing consequences of such reduction and transition, 
     including a description of efforts to work with the United 
     Nations and countries in the region toward that objective.
                                 ______
                                 
  SA 3097. Mr. ALEXANDER (for himself and Mr. Corker) submitted an 
amendment intended to be proposed to amendment SA 2011 proposed by Mr. 
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 472, in the table following line 11, insert after 
     the item relating to North Kingstown, Rhode Island, the 
     following:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
Tennessee..........................  Tullahoma.............     $264,000
------------------------------------------------------------------------


       On page 476, line 3, strike ``$458,515,000'' and insert 
     ``$458,779,000''.
                                 ______
                                 
  SA 3098. Mr. ALEXANDER (for himself and Mr. Corker) submitted an 
amendment intended to be proposed to amendment SA 2011 proposed by Mr. 
Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 474, in the table following line 11, in the item 
     relating to McGhee-Tyson Airport, Tennessee, strike 
     ``$3,200,000'' in the amount column and insert 
     ``$4,320,000''.
       On page 476, line 9, strike ``$216,417,000'' and insert 
     ``$217,537,000''.
                                 ______
                                 
  SA 3099. Mr. REED (for himself, Mr. Lieberman, and Mr. Dodd) 
submitted an amendment intended to be proposed to amendment SA 2011 
proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 132. ADVANCED PROCUREMENT FOR VIRGINIA CLASS SUBMARINE 
                   PROGRAM.

       Of the amount authorized to be appropriated by section 
     102(a)(3) for shipbuilding and conversion for the Navy, 
     $1,172,710,000 may be available for advanced procurement for 
     the Virginia class submarine program, of which--$470,000,000 
     may be made available for advanced procurement for an 
     additional Virginia class submarine, of which--
       (1) $400,000,000 may be available for the procurement of a 
     spare set of reactor components; and
       (2) $70,000,000 may be available for advanced procurement 
     of non-nuclear long lead time material in order to support a 
     reduced construction span for the boats in the next multiyear 
     procurement program.
                                 ______
                                 
  SA 3100. Mr. REED (for himself and Mr. Cardin) submitted an amendment 
intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of 
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 555. SENSE OF SENATE ON SERVICE ACADEMY SPONSOR 
                   PROGRAMS.

       (a) Findings.--The Senate makes the following findings:
       (1) Sponsor programs for the service academies assist 
     individuals in their transition from civilian life to status 
     as a cadet or midshipman and to status as a commissioned 
     officer in the Armed Forces by helping them realize that 
     military life involves families, homes, and community.
       (2) Sponsors under such programs have the opportunity to 
     contribute to the development of cadets and midshipmen at the 
     service academies by exposing cadets and midshipmen to 
     military traditions, customs, and courtesies in a social 
     environment, while such sponsors and their families develop 
     lasting relationships and learn more about life in the 
     service academies.
       (3) Sponsors under such programs have a significant impact 
     on the overall education of cadets and midshipmen, and their 
     responsibilities as role models and representatives of the 
     service academies must be carefully considered.
       (4) While the sponsor programs at each service academy may 
     vary, to ensure the success of these programs, Congress has 
     the responsibility to verify that the selection and oversight 
     of sponsors under such programs is appropriately conducted, 
     that the rights of cadets and midshipmen are protected, and 
     that the program activities serve the best interests of 
     cadets and midshipmen.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) not later than 180 days after the date of the enactment 
     of this Act, each Superintendent of a service academy should 
     conduct a review of the sponsor program at such service 
     academy, together with a copy of the policy of the academy 
     with respect to such program;
       (2) each review under paragraph (1) should assess--
       (A) the purpose of the policy regarding the sponsor program 
     at the academy;
       (B) the implementation of the policy;
       (C) the method used to screen potential sponsors under such 
     program;
       (D) the responsibilities of sponsors under such program;
       (E) the guidance provided to midshipmen and cadets 
     regarding the sponsor program; and
       (F) any recommendations for change in the sponsor program; 
     and
       (3) each Superintendent should provide to the Committee on 
     Armed Services of the Senate, and to the public, a summary of 
     such review and any modifications of the sponsor policy 
     concerned as a result of such review.
                                 ______
                                 
  SA 3101. Mr. HATCH (for himself and Mr. Coburn) submitted an 
amendment intended 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 appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE ON COLUMBIA UNIVERSITY'S 
                   HONORING OF IRANIAN PRESIDENT MAHMOUD 
                   AHMADINEJAD.

       (a) Findings.--The Senate makes the following findings:
       (1) On September 24, 2007, at the request of the Iranian 
     government, Columbia University provided a forum for Iranian 
     President Mahmoud Ahmadinejad to speak.
       (2) President Ahmadinejad has referred to the Holocaust as 
     a ``myth''.
       (3) President Ahmadinejad has called for the State of 
     Israel to be ``wiped off the map''.
       (4) President Ahmadinejad has attempted to justify chants 
     of ``Death to America''.
       (5) In a recent interview in which he defended his 
     insulting request to visit the site of the terrorist attacks 
     of September 11, 2001, President Ahmadinejad stated that he 
     wanted to discuss the ``root causes'' of the murder of nearly 
     3,000 working men and women.
       (6) General David Petraeus has stated that arms supplies 
     from Iran, including 240mm rockets and explosively formed 
     projectiles, ``contributed to a sophistication of attacks 
     that would by no means be possible without Iranian support . 
     . . The evidence is very, very clear.''.
       (7) In 1979, American diplomats and citizens were taken 
     hostage at the United States Embassy in Tehran, with 52 being 
     held captive for 444 days in violation of international law, 
     and several of those captives have identified President 
     Ahmadinejad as 1 of the hostage takers.

[[Page S12306]]

       (8) In 1969, the Columbia University administration 
     expelled all ROTC programs from campus.
       (9) Even today, Columbia University students wishing to 
     serve their country by participating in an ROTC program must 
     travel to other local colleges to do so.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) it was beneath the dignity of a great American 
     university to provide a public forum, and propaganda 
     opportunity, to a documented anti-Semite and avowed enemy of 
     the United States; and
       (2) such a forum was particularly inappropriate given 
     Columbia's denial of opportunities to its own students to 
     serve their country through participation in the military's 
     ROTC program.
                                 ______
                                 
  SA 3102. Mr. BENNETT 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:

       At the end of title VIII, add the following:
       Sec. 81__. (a) The Secretary of Energy shall develop a 
     strategy to complete the remediation at the Moab site, and 
     the removal of the tailings to the Crescent Junction site, in 
     the State of Utah by not later than January 1, 2019.
       (b) Not later than 90 days after the date of enactment of 
     this Act, the Secretary shall submit to the Committee on 
     Energy and Natural Resources of the Senate, the Committee on 
     Energy and Commerce of the House of Representatives, and the 
     Committee on Appropriations of each of the Senate and the 
     House of Representatives a report describing the strategy 
     developed under subsection (a) and changes to the existing 
     cost, scope and schedule of the remediation and removal 
     activities that will be necessary to implement the strategy.
                                 ______
                                 
  SA 3103. Mr. McCONNELL (for Mr. McCain) 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:

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

     SEC. 1070. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR 
                   REFUELING SUPPORT FOR THE AIR FORCE.

       (a) Pilot Program Required.--The Secretary of Air Force 
     shall, commencing as soon as practicable after the date of 
     the enactment of this Act, conduct a pilot program to assess 
     the feasability and advisability of utilizing commercial fee-
     for-service air refueling tanker aircraft for Air Force 
     operations.
       (b) Purpose.--
       (1) In general.--The purpose of the pilot program required 
     by subsection (a) is to support, augment, or enhance the air 
     refueling mission of the Air Force by utilizing commercial 
     air refueling providers on a fee-for-service basis.
       (2) Elements.--In order to achieve the purpose of the pilot 
     program, the pilot program shall--
       (A) demonstrate and validate a comprehensive strategy for 
     air refueling on a fee-for-service basis by utilizing all 
     participating aircraft in the mission areas of testing 
     support, training support to receivers, homeland defense 
     support, deployment support, air bridge support, aeromedical 
     evacuation, and emergency air refueling; and
       (B) integrate fee-for-service air refueling described in 
     paragraph (1) into Air Mobility Command operations.
       (c) Competitive Providers.--The pilot program shall include 
     the services of not more than five commercial air refueling 
     providers selected by the Secretary for the pilot program 
     utilizing competitive procedures.
       (d) Minimum Number of Aircraft.--Each provider selected for 
     the pilot program shall utilize no fewer than five air 
     refueling aircraft in participating in the pilot program.
       (e) Aircraft Utilization.--The pilot program shall provide 
     for a minimum of 1,500 flying hours per year per air 
     refueling aircraft participating in the pilot program.
       (f) Duration.--The period of the pilot program shall be not 
     less than five years after the commencement of the pilot 
     program.
                                 ______
                                 
  SA 3104. Mr. McCONNELL (for Mr. McCain (for himself, Mr. Cornyn, Mr. 
Sessions, Mr. Conrad, Mr. Shelby, Mrs. Hutchison, and Mr. Hatch)) 
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:

       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.

       (a) Findings.--Congress makes the following findings:
       (1) A properly executed comprehensive strategy to replace 
     Air Force tankers will allow the United States military to 
     continue to project combat capability anywhere in the world 
     on short notice without relying on intermediate bases for 
     refueling.
       (2) With an average age of 45 years, it is estimated that 
     it will take over 30 years to replace the KC-135 aircraft 
     fleet with the funding currently in place.
       (3) In addition to the KC-X program of record, which 
     supports the tanker replacement strategy, the Air Force 
     should immediately pursue that part of the tanker replacement 
     strategy that would support, augment, or enhance the Air 
     Force air refueling mission, such as Fee-for-Service support 
     or modifications and upgrades to maintain the viability of 
     the KC-135 aircraft force structure as the Air Force 
     recapitalizes the tanker fleet.
       (b) Sense of Congress.--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 3105. Mr. VITTER 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. VOTING BY DEPARTMENT OF DEFENSE PERSONNEL.

       (a) Responsibility for Oversight of Voting Within DoD.--The 
     Secretary of Defense shall designate a single member of the 
     Armed Forces to undertake responsibility for matters relating 
     to voting by Department of Defense personnel. The member so 
     designated shall report directly to the Secretary in the 
     discharge of that responsibility.
       (b) Responsibility for Oversight of Voting Within Military 
     Departments.--The Secretary of each military department shall 
     designate a single member of the Armed Forces under the 
     jurisdiction of such Secretary to undertake responsibility 
     for matters relating to voting by personnel of such military 
     department. The member so designated shall report directly to 
     such Secretary in the discharge of that responsibility.
       (c) Management of Military Voting Operations.--The Business 
     Transformation Agency shall oversee the management of 
     business systems and procedures of the Department of Defense 
     with respect to military and overseas voting, including 
     applicable communications with States and other non-
     Department entities regarding voting by Department of Defense 
     personnel. In carrying out that responsibility, the Business 
     Transformation Agency shall be responsible for the 
     implementation of any pilot programs and other programs 
     carried out for purposes of voting by Department of Defense 
     personnel.
       (d) Improvement of Ballot Distribution.--The Secretary of 
     Defense shall undertake appropriate actions to streamline the 
     distribution of ballots to Department of Defense personnel 
     using electronic and Internet-based technology. In carrying 
     out such actions, the Secretary shall seek to engage 
     stakeholders in voting by Department of Defense personnel at 
     all levels to ensure maximum participation in such actions by 
     State and local election officials, other appropriate State 
     officials, and members of the Armed Forces.
       (e) Reports.--
       (1) Initial report.--Not later than 90 days after the date 
     of the enactment of this Act,

[[Page S12307]]

     the Secretary of Defense shall submit to Congress a report on 
     the status of efforts to implement the requirements of this 
     section.
       (2) Report on plan of action.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report setting forth a 
     comprehensive plan of action to ensure that members of the 
     Armed Forces have the full opportunity to exercise their 
     right to vote.
                                 ______
                                 
  SA 3106. Mr. BINGAMAN 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. ASSESSMENT OF TERMINATION OF RICHARD M. BARLOW 
                   FROM DEPARTMENT OF DEFENSE EMPLOYMENT.

       (a) Assessment.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     appoint an independent expert with appropriate clearances not 
     currently affiliated with the Department of Defense to assess 
     whether Richard Barlow was wrongfully terminated for his 
     actions while employed by the Department of Defense.
       (b) Review of Materials.--The independent expert is deemed 
     to have a need to know of all materials, classified and 
     unclassified, necessary to make an informed judgment of 
     Richard Barlow's termination. The Secretary of Defense shall 
     supply materials requested by the independent expert on an 
     expedited basis.
       (c) Recommendations.--
       (1) In general.--Not later than one year after appointment 
     of the independent expert, the independent expert shall 
     submit to the Secretary of Defense a report on the assessment 
     conducted under subsection (a).
       (2) Content.--The report submitted under paragraph (1) 
     shall include--
       (A) a recommendation as to whether Richard Barlow was 
     wrongfully terminated; and
       (B) if the recommendation is that Richard Barlow was 
     wrongfully terminated, a recommendation as to the amount of 
     compensation he is entitled to for such wrongful termination.
       (3) Form.--The report submitted under subsection (a) shall 
     be submitted in classified and unclassified forms.
       (d) Authorization.--The Secretary of Defense is authorized 
     to pay out of available funds such amount as is recommended 
     by the independent expert in (c)(2)(B).
       (e) No Inference of Liability.--Nothing in this section 
     shall be construed as an inference of liability on the part 
     of the United States.
       (f) No Agents and Attorneys Fees.--None of the payment 
     authorized by this section may be paid to or received by any 
     agent or attorney for any services rendered in connection 
     with obtaining such payment. Any person who violates this 
     subsection shall be guilty of a misdemeanor and shall be 
     subject to a fine in the amount provided in title 18, United 
     States Code.
                                 ______
                                 
  SA 3107. Mr. NELSON of Florida (for himself and 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:

       On page 508, between lines 3 and 4, insert the following:

     SEC. 2854. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT 
                   ACADEMY AT THE NATIONAL MUSEUM OF NAVAL 
                   AVIATION, NAVAL AIR STATION, PENSACOLA, 
                   FLORIDA.

       Section 2850(a) of the Military Construction Authorization 
     Act for Fiscal Year 2001 (division B of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-428)) 
     is amended--
       (1) by striking ``naval aviation and'' and inserting 
     ``naval aviation,''; and
       (2) by inserting before the period at the end the 
     following: ``, and, as of January 1, 2008, to teach the 
     science, technology, engineering, and mathematics disciplines 
     that have an impact on and relate to aviation''.
                                 ______
                                 
  SA 3108. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 2188 submitted by Mr. Lieberman and intended to be 
proposed to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 2, strike lines 10 through 18.
                                 ______
                                 
  SA 3109. Mr. REID (for Mr. Kennedy (for himself, Mrs. McCaskill, Mr. 
Lieberman, Ms. Mikulski, Mr. Akaka, Mr. Brown, and Mr. Dodd)) submitted 
an amendment intended to be proposed to amendment SA 3058 proposed by 
Mr. Kennedy (for himself, Mrs. McCaskill, Mr. Lieberman, Ms. Mikulski, 
Mr. Akaka, Mr. Brown, and Mr. Dodd) to the 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:

       In the amendment strike all after the first word and insert 
     the following:

     358. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS 
                   BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.

       (a) Comparison of Retirement System Costs.--Section 
     2461(a)(1) of title 10, United States Code, is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (F) the following new 
     subparagraph (G):
       ``(G) requires that the contractor shall not receive an 
     advantage for a proposal that would reduce costs for the 
     Department of Defense by--
       ``(i) not making an employer-sponsored health insurance 
     plan (or payment that could be used in lieu of such a plan), 
     health savings account, or medical savings account, available 
     to the workers who are to be employed to perform the function 
     under the contract;
       ``(ii) offering to such workers an employer-sponsored 
     health benefits plan that requires the employer to contribute 
     less towards the premium or subscription share than the 
     amount that is paid by the Department of Defense for health 
     benefits for civilian employees of the Department under 
     chapter 89 of title 5; or
       ``(iii) offering to such workers a retirement benefit that, 
     in any year, costs less than the annual retirement cost 
     factor applicable to civilian employees of the Department of 
     Defense under chapter 84 of title 5; and''.
       (b) Conforming Amendments.--Such title is further amended--
       (1) by striking section 2467; and
       (2) in section 2461--
       (A) by redesignating subsections (b) through (d) as 
     subsections (c) through (e); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Requirement to Consult DOD Employees.--(1) Each 
     officer or employee of the Department of Defense responsible 
     for determining under Office of Management and Budget 
     Circular A-76 whether to convert to contractor performance 
     any function of the Department of Defense--
       ``(A) shall, at least monthly during the development and 
     preparation of the performance work statement and the 
     management efficiency study used in making that 
     determination, consult with civilian employees who will be 
     affected by that determination and consider the views of such 
     employees on the development and preparation of that 
     statement and that study; and
       ``(B) may consult with such employees on other matters 
     relating to that determination.
       ``(2)(A) In the case of employees represented by a labor 
     organization accorded exclusive recognition under section 
     7111 of title 5, consultation with representatives of that 
     labor organization shall satisfy the consultation requirement 
     in paragraph (1).
       ``(B) In the case of employees other than employees 
     referred to in subparagraph (A), consultation with 
     appropriate representatives of those employees shall satisfy 
     the consultation requirement in paragraph (1).
       ``(C) The Secretary of Defense shall prescribe regulations 
     to carry out this subsection. The regulations shall include 
     provisions for the selection or designation of appropriate 
     representatives of employees referred to in subparagraph (B) 
     for purposes of consultation required by paragraph (1).''.
       (c) Technical Amendments.--Section 2461 of such title, as 
     amended by subsection (a), is further amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (B), by inserting after ``2003'' the 
     following: ``, or any successor circular''; and
       (B) in subparagraph (D), by striking ``and reliability'' 
     and inserting ``, reliability, and timeliness''; and
       (2) in subsection (c)(2), as redesignated under subsection 
     (b)(2), by inserting ``of'' after ``examination''.

     SEC. 359. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
                   OFFICE OF MANAGEMENT BUDGET CIRCULAR A-76.

       (a) Eligibility to Protest Public-Private Competitions.--
     Section 3551(2) of title 31,

[[Page S12308]]

     United States Code, is amended to read as follows:
       ``(2) The term `interested party'--
       ``(A) with respect to a contract or a solicitation or other 
     request for offers described in paragraph (1), means an 
     actual or prospective bidder or offeror whose direct economic 
     interest would be affected by the award of the contract or by 
     failure to award the contract; and
       ``(B) with respect to a public-private competition 
     conducted under Office of Management and Budget Circular A-76 
     with respect to the performance of an activity or function of 
     a Federal agency, or a decision to convert a function 
     performed by Federal employees to private sector performance 
     without a competition under Office of Management and Budget 
     Circular A-76, includes--
       ``(i) any official who submitted the agency tender in such 
     competition; and
       ``(ii) any one individual who, for the purpose of 
     representing the Federal employees engaged in the performance 
     of the activity or function for which the public-private 
     competition is conducted in a protest under this subchapter 
     that relates to such public-private competition, has been 
     designated as the agent of the Federal employees by a 
     majority of such employees.''.
       (b) Expedited Action.--
       (1) In general.--Subchapter V of chapter 35 of such title 
     is amended by adding at the end the following new section:

     ``SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-PRIVATE 
                   COMPETITIONS.

       ``For any protest of a public-private competition conducted 
     under Office of Management and Budget Circular A-76 with 
     respect to the performance of an activity or function of a 
     Federal agency, the Comptroller General shall administer the 
     provisions of this subchapter in the manner best suited for 
     expediting the final resolution of the protest and the final 
     action in the public-private competition.''.
       (2) Clerical amendment.--The chapter analysis at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3556 the following new item:

``3557. Expedited action in protests of public-private competitions.''.
       (c) Right to Intervene in Civil Action.--Section 1491(b) of 
     title 28, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(5) If an interested party who is a member of the private 
     sector commences an action described in paragraph (1) with 
     respect to a public-private competition conducted under 
     Office of Management and Budget Circular A-76 regarding the 
     performance of an activity or function of a Federal agency, 
     or a decision to convert a function performed by Federal 
     employees to private sector performance without a competition 
     under Office of Management and Budget Circular A-76, then an 
     interested party described in section 3551(2)(B) of title 31 
     shall be entitled to intervene in that action.''.
       (d) Applicability.--Subparagraph (B) of section 3551(2) of 
     title 31, United States Code (as added by subsection (a)), 
     and paragraph (5) of section 1491(b) of title 28, United 
     States Code (as added by subsection (c)), shall apply to--
       (1) a protest or civil action that challenges final 
     selection of the source of performance of an activity or 
     function of a Federal agency that is made pursuant to a study 
     initiated under Office of Management and Budget Circular A-76 
     on or after January 1, 2004; and
       (2) any other protest or civil action that relates to a 
     public-private competition initiated under Office of 
     Management and Budget Circular A-76, or to a decision to 
     convert a function performed by Federal employees to private 
     sector performance without a competition under Office of 
     Management and Budget Circular A-76, on or after the date of 
     the enactment of this Act.

     SEC. 360. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 
                   CONVERSION TO CONTRACTOR PERFORMANCE.

       (a) In General.--The Office of Federal Procurement Policy 
     Act (41 U.S.C. 403 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 
                   CONVERSION TO CONTRACTOR PERFORMANCE.

       ``(a) Public-Private Competition.--(1) A function of an 
     executive agency performed by 10 or more agency civilian 
     employees may not be converted, in whole or in part, to 
     performance by a contractor unless the conversion is based on 
     the results of a public-private competition that--
       ``(A) formally compares the cost of performance of the 
     function by agency civilian employees with the cost of 
     performance by a contractor;
       ``(B) creates an agency tender, including a most efficient 
     organization plan, in accordance with Office of Management 
     and Budget Circular A-76, as implemented on May 29, 2003, or 
     any successor circular;
       ``(C) includes the issuance of a solicitation;
       ``(D) determines whether the submitted offers meet the 
     needs of the executive agency with respect to factors other 
     than cost, including quality, reliability, and timeliness;
       ``(E) examines the cost of performance of the function by 
     agency civilian employees and the cost of performance of the 
     function by one or more contractors to demonstrate whether 
     converting to performance by a contractor will result in 
     savings to the Government over the life of the contract, 
     including--
       ``(i) the estimated cost to the Government (based on offers 
     received) for performance of the function by a contractor;
       ``(ii) the estimated cost to the Government for performance 
     of the function by agency civilian employees; and
       ``(iii) an estimate of all other costs and expenditures 
     that the Government would incur because of the award of such 
     a contract;
       ``(F) requires continued performance of the function by 
     agency civilian employees unless the difference in the cost 
     of performance of the function by a contractor compared to 
     the cost of performance of the function by agency civilian 
     employees would, over all performance periods required by the 
     solicitation, be equal to or exceed the lesser of--
       ``(i) 10 percent of the personnel-related costs for 
     performance of that function in the agency tender; or
       ``(ii) $10,000,000; and
       ``(G) examines the effect of performance of the function by 
     a contractor on the agency mission associated with the 
     performance of the function.
       ``(2) A function that is performed by the executive agency 
     and is reengineered, reorganized, modernized, upgraded, 
     expanded, or changed to become more efficient, but still 
     essentially provides the same service, shall not be 
     considered a new requirement.
       ``(3) In no case may a function being performed by 
     executive agency personnel be--
       ``(A) modified, reorganized, divided, or in any way changed 
     for the purpose of exempting the conversion of the function 
     from the requirements of this section; or
       ``(B) converted to performance by a contractor to 
     circumvent a civilian personnel ceiling.
       ``(b) Requirement to Consult Employees.--(1) Each civilian 
     employee of an executive agency responsible for determining 
     under Office of Management and Budget Circular A-76 whether 
     to convert to contractor performance any function of the 
     executive agency--
       ``(A) shall, at least monthly during the development and 
     preparation of the performance work statement and the 
     management efficiency study used in making that 
     determination, consult with civilian employees who will be 
     affected by that determination and consider the views of such 
     employees on the development and preparation of that 
     statement and that study; and
       ``(B) may consult with such employees on other matters 
     relating to that determination.
       ``(2)(A) In the case of employees represented by a labor 
     organization accorded exclusive recognition under section 
     7111 of title 5, consultation with representatives of that 
     labor organization shall satisfy the consultation requirement 
     in paragraph (1).
       ``(B) In the case of employees other than employees 
     referred to in subparagraph (A), consultation with 
     appropriate representatives of those employees shall satisfy 
     the consultation requirement in paragraph (1).
       ``(C) The head of each executive agency shall prescribe 
     regulations to carry out this subsection. The regulations 
     shall include provisions for the selection or designation of 
     appropriate representatives of employees referred to in 
     paragraph (2)(B) for purposes of consultation required by 
     paragraph (1).
       ``(c) Congressional Notification.--(1) Before commencing a 
     public-private competition under subsection (a), the head of 
     an executive agency shall submit to Congress a report 
     containing the following:
       ``(A) The function for which such public-private 
     competition is to be conducted.
       ``(B) The location at which the function is performed by 
     agency civilian employees.
       ``(C) The number of agency civilian employee positions 
     potentially affected.
       ``(D) The anticipated length and cost of the public-private 
     competition, and a specific identification of the budgetary 
     line item from which funds will be used to cover the cost of 
     the public-private competition.
       ``(E) A certification that a proposed performance of the 
     function by a contractor is not a result of a decision by an 
     official of an executive agency to impose predetermined 
     constraints or limitations on such employees in terms of man 
     years, end strengths, full-time equivalent positions, or 
     maximum number of employees.
       ``(2) The report required under paragraph (1) shall include 
     an examination of the potential economic effect of 
     performance of the function by a contractor on--
       ``(A) agency civilian employees who would be affected by 
     such a conversion in performance; and
       ``(B) the local community and the Government, if more than 
     50 agency civilian employees perform the function.
       ``(3)(A) A representative individual or entity at a 
     facility where a public-private competition is conducted may 
     submit to the head of the executive agency an objection to 
     the public private competition on the grounds that the report 
     required by paragraph (1) has not been submitted or that the 
     certification required by paragraph (1)(E) is not included in 
     the report submitted as a condition for the public private 
     competition. The objection shall be in writing and shall be 
     submitted within 90 days after the following date:
       ``(i) In the case of a failure to submit the report when 
     required, the date on which the representative individual or 
     an official of the representative entity authorized to pose 
     the objection first knew or should have known of that 
     failure.
       ``(ii) In the case of a failure to include the 
     certification in a submitted report, the date on which the 
     report was submitted to Congress.

[[Page S12309]]

       ``(B) If the head of the executive agency determines that 
     the report required by paragraph (1) was not submitted or 
     that the required certification was not included in the 
     submitted report, the function for which the public-private 
     competition was conducted for which the objection was 
     submitted may not be the subject of a solicitation of offers 
     for, or award of, a contract until, respectively, the report 
     is submitted or a report containing the certification in full 
     compliance with the certification requirement is submitted.
       ``(d) Exemption for the Purchase of Products and Services 
     of the Blind and Other Severely Handicapped Persons.--This 
     section shall not apply to a commercial or industrial type 
     function of an executive agency that--
       ``(1) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47); or
       ``(2) is planned to be changed to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped persons in 
     accordance with that Act.
       ``(e) Inapplicability During War or Emergency.--The 
     provisions of this section shall not apply during war or 
     during a period of national emergency declared by the 
     President or Congress.''.
       (b) Clerical Amendment.--The table of sections in section 
     1(b) of such Act is amended by adding at the end the 
     following new item:

``Sec. 43. Public-private competition required before conversion to 
              contractor performance.''.

     SEC. 361. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT 
                   EMPLOYEES.

       (a) Guidelines.--
       (1) In general.--The Under Secretary of Defense for 
     Personnel and Readiness shall prescribe guidelines and 
     procedures for ensuring that consideration is given to using 
     Federal Government employees on a regular basis for new work 
     and work that is performed under Department of Defense 
     contracts and could be performed by Federal Government 
     employees.
       (2) Criteria.--The guidelines and procedures prescribed 
     under paragraph (1) shall provide for special consideration 
     to be given to contracts that--
       (A) have been performed by Federal Government employees at 
     any time on or after October 1, 1980;
       (B) are associated with the performance of inherently 
     governmental functions;
       (C) have been performed by a contractor pursuant to a 
     contract that was awarded on a noncompetitive basis, either a 
     contract for a function once performed by Federal employees 
     that was awarded without the conduct of a public-private 
     competition or a contract that was last awarded without the 
     conduct of an actual competition between contractors; or
       (D) have been performed poorly by a contractor because of 
     excessive costs or inferior quality, as determined by a 
     contracting officer within the last five years.
       (3) Deadline for issuance of guidelines.--The Secretary of 
     Defense shall implement the guidelines required under 
     paragraph (1) by not later than 60 days after the date of the 
     enactment of this Act.
       (4) Establishment of contractor inventory.--The Secretary 
     of Defense shall establish an inventory of Department of 
     Defense contracts to determine which contracts meet the 
     criteria set forth in paragraph (2).
       (b) New Requirements.--
       (1) Limitation on requiring public-private competition.--No 
     public-private competition may be required for any Department 
     of Defense function before--
       (A) the commencement of the performance by civilian 
     employees of the Department of Defense of a new Department of 
     Defense function;
       (B) the commencement of the performance by civilian 
     employees of the Department of Defense of any Department of 
     Defense function described in subparagraphs (B) through (D) 
     of subsection (a)(2); or
       (C) the expansion of the scope of any Department of Defense 
     function performed by civilian employees of the Department of 
     Defense.
       (2) Consideration of federal government employees.--The 
     Secretary of Defense shall, to the maximum extent 
     practicable, ensure that Federal Government employees are 
     fairly considered for the performance of new requirements, 
     with special consideration given to new requirements that 
     include functions that--
       (A) are similar to functions that have been performed by 
     Federal Government employees at any time on or after October 
     1, 1980; or
       (B) are associated with the performance of inherently 
     governmental functions.
       (c) Use of Flexible Hiring Authority.--The Secretary may 
     use the flexible hiring authority available to the Secretary 
     under the National Security Personnel System, as established 
     pursuant to section 9902 of title 5, United States Code, to 
     facilitate the performance by civilian employees of the 
     Department of Defense of functions described in subsection 
     (b).
       (d) Inspector General Report.--Not later than 180 days 
     after the enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the compliance of the Secretary of Defense with the 
     requirements of this section.
       (e) Definitions.--In this section:
       (1) The term ``National Security Personnel System'' means 
     the human resources management system established under the 
     authority of section 9902 of title 5, United States Code.
       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).
       (f) Conforming Repeal.--The National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163) is amended by 
     striking section 343.

     SEC. 362. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET 
                   INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC-
                   PRIVATE COMPETITIONS.

       (a) Restriction on Office of Management and Budget.--The 
     Office of Management and Budget may not direct or require the 
     Secretary of Defense or the Secretary of a military 
     department to prepare for, undertake, continue, or complete a 
     public-private competition or direct conversion of a 
     Department of Defense function to performance by a contractor 
     under Office of Management and Budget Circular A-76, or any 
     other successor regulation, directive, or policy.
       (b) Restriction on Secretary of Defense.--The Secretary of 
     Defense or the Secretary of a military department may not 
     prepare for, undertake, continue, or complete a public-
     private competition or direct conversion of a Department of 
     Defense function to performance by a contractor under Office 
     of Management and Budget Circular A-76, or any other 
     successor regulation, directive, or policy by reason of any 
     direction or requirement provided by the Office of Management 
     and Budget.

     SEC. 363. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD 
                   SPECIFIED IN PERFORMANCE AGREEMENT NOT 
                   REQUIRED.

       Section 2461(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) A military department or defense agency may not be 
     required to conduct a public-private competition under Office 
     of Management and Budget Circular A-76 or any other provision 
     of law at the end of the period specified in the performance 
     agreement entered into in accordance with this section for 
     any function of the Department of Defense performed by 
     Department of Defense civilian employees.''.
       This section shall take effect one day after the date of 
     this bill's enactment.
                                 ______
                                 
  SA 3110. Mr. REID (for Mr. Kennedy (for himself, Mrs. McCaskill, Mr. 
Lieberman, Ms. Mikulski, Mr. Akaka, Mr. Brown, and Mr. Dodd)) submitted 
an amendment intended to be proposed by Mr. Reid to the bill H.R. 1585, 
to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 358. MODIFICATION TO PUBLIC-PRIVATE COMPETITION 
                   REQUIREMENTS BEFORE CONVERSION TO CONTRACTOR 
                   PERFORMANCE.

       (a) Comparison of Retirement System Costs.--Section 
     2461(a)(1) of title 10, United States Code, is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (F) the following new 
     subparagraph (G):
       ``(G) requires that the contractor shall not receive an 
     advantage for a proposal that would reduce costs for the 
     Department of Defense by--
       ``(i) not making an employer-sponsored health insurance 
     plan (or payment that could be used in lieu of such a plan), 
     health savings account, or medical savings account, available 
     to the workers who are to be employed to perform the function 
     under the contract;
       ``(ii) offering to such workers an employer-sponsored 
     health benefits plan that requires the employer to contribute 
     less towards the premium or subscription share than the 
     amount that is paid by the Department of Defense for health 
     benefits for civilian employees of the Department under 
     chapter 89 of title 5; or
       ``(iii) offering to such workers a retirement benefit that, 
     in any year, costs less than the annual retirement cost 
     factor applicable to civilian employees of the Department of 
     Defense under chapter 84 of title 5; and''.
       (b) Conforming Amendments.--Such title is further amended--
       (1) by striking section 2467; and
       (2) in section 2461--
       (A) by redesignating subsections (b) through (d) as 
     subsections (c) through (e); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Requirement to Consult DOD Employees.--(1) Each 
     officer or employee of the Department of Defense responsible 
     for determining under Office of Management and

[[Page S12310]]

     Budget Circular A-76 whether to convert to contractor 
     performance any function of the Department of Defense--
       ``(A) shall, at least monthly during the development and 
     preparation of the performance work statement and the 
     management efficiency study used in making that 
     determination, consult with civilian employees who will be 
     affected by that determination and consider the views of such 
     employees on the development and preparation of that 
     statement and that study; and
       ``(B) may consult with such employees on other matters 
     relating to that determination.
       ``(2)(A) In the case of employees represented by a labor 
     organization accorded exclusive recognition under section 
     7111 of title 5, consultation with representatives of that 
     labor organization shall satisfy the consultation requirement 
     in paragraph (1).
       ``(B) In the case of employees other than employees 
     referred to in subparagraph (A), consultation with 
     appropriate representatives of those employees shall satisfy 
     the consultation requirement in paragraph (1).
       ``(C) The Secretary of Defense shall prescribe regulations 
     to carry out this subsection. The regulations shall include 
     provisions for the selection or designation of appropriate 
     representatives of employees referred to in subparagraph (B) 
     for purposes of consultation required by paragraph (1).''.
       (c) Technical Amendments.--Section 2461 of such title, as 
     amended by subsection (a), is further amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (B), by inserting after ``2003'' the 
     following: ``, or any successor circular''; and
       (B) in subparagraph (D), by striking ``and reliability'' 
     and inserting ``, reliability, and timeliness''; and
       (2) in subsection (c)(2), as redesignated under subsection 
     (b)(2), by inserting ``of'' after ``examination''.

     SEC. 359. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
                   OFFICE OF MANAGEMENT BUDGET CIRCULAR A-76.

       (a) Eligibility to Protest Public-Private Competitions.--
     Section 3551(2) of title 31, United States Code, is amended 
     to read as follows:
       ``(2) The term `interested party'--
       ``(A) with respect to a contract or a solicitation or other 
     request for offers described in paragraph (1), means an 
     actual or prospective bidder or offeror whose direct economic 
     interest would be affected by the award of the contract or by 
     failure to award the contract; and
       ``(B) with respect to a public-private competition 
     conducted under Office of Management and Budget Circular A-76 
     with respect to the performance of an activity or function of 
     a Federal agency, or a decision to convert a function 
     performed by Federal employees to private sector performance 
     without a competition under Office of Management and Budget 
     Circular A-76, includes--
       ``(i) any official who submitted the agency tender in such 
     competition; and
       ``(ii) any one individual who, for the purpose of 
     representing the Federal employees engaged in the performance 
     of the activity or function for which the public-private 
     competition is conducted in a protest under this subchapter 
     that relates to such public-private competition, has been 
     designated as the agent of the Federal employees by a 
     majority of such employees.''.
       (b) Expedited Action.--
       (1) In general.--Subchapter V of chapter 35 of such title 
     is amended by adding at the end the following new section:

     ``SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-PRIVATE 
                   COMPETITIONS.

       ``For any protest of a public-private competition conducted 
     under Office of Management and Budget Circular A-76 with 
     respect to the performance of an activity or function of a 
     Federal agency, the Comptroller General shall administer the 
     provisions of this subchapter in the manner best suited for 
     expediting the final resolution of the protest and the final 
     action in the public-private competition.''.
       (2) Clerical amendment.--The chapter analysis at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3556 the following new item:

``3557. Expedited action in protests of public-private competitions.''.
       (c) Right to Intervene in Civil Action.--Section 1491(b) of 
     title 28, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(5) If an interested party who is a member of the private 
     sector commences an action described in paragraph (1) with 
     respect to a public-private competition conducted under 
     Office of Management and Budget Circular A-76 regarding the 
     performance of an activity or function of a Federal agency, 
     or a decision to convert a function performed by Federal 
     employees to private sector performance without a competition 
     under Office of Management and Budget Circular A-76, then an 
     interested party described in section 3551(2)(B) of title 31 
     shall be entitled to intervene in that action.''.
       (d) Applicability.--Subparagraph (B) of section 3551(2) of 
     title 31, United States Code (as added by subsection (a)), 
     and paragraph (5) of section 1491(b) of title 28, United 
     States Code (as added by subsection (c)), shall apply to--
       (1) a protest or civil action that challenges final 
     selection of the source of performance of an activity or 
     function of a Federal agency that is made pursuant to a study 
     initiated under Office of Management and Budget Circular A-76 
     on or after January 1, 2004; and
       (2) any other protest or civil action that relates to a 
     public-private competition initiated under Office of 
     Management and Budget Circular A-76, or to a decision to 
     convert a function performed by Federal employees to private 
     sector performance without a competition under Office of 
     Management and Budget Circular A-76, on or after the date of 
     the enactment of this Act.

     SEC. 360. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 
                   CONVERSION TO CONTRACTOR PERFORMANCE.

       (a) In General.--The Office of Federal Procurement Policy 
     Act (41 U.S.C. 403 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 
                   CONVERSION TO CONTRACTOR PERFORMANCE.

       ``(a) Public-Private Competition.--(1) A function of an 
     executive agency performed by 10 or more agency civilian 
     employees may not be converted, in whole or in part, to 
     performance by a contractor unless the conversion is based on 
     the results of a public-private competition that--
       ``(A) formally compares the cost of performance of the 
     function by agency civilian employees with the cost of 
     performance by a contractor;
       ``(B) creates an agency tender, including a most efficient 
     organization plan, in accordance with Office of Management 
     and Budget Circular A-76, as implemented on May 29, 2003, or 
     any successor circular;
       ``(C) includes the issuance of a solicitation;
       ``(D) determines whether the submitted offers meet the 
     needs of the executive agency with respect to factors other 
     than cost, including quality, reliability, and timeliness;
       ``(E) examines the cost of performance of the function by 
     agency civilian employees and the cost of performance of the 
     function by one or more contractors to demonstrate whether 
     converting to performance by a contractor will result in 
     savings to the Government over the life of the contract, 
     including--
       ``(i) the estimated cost to the Government (based on offers 
     received) for performance of the function by a contractor;
       ``(ii) the estimated cost to the Government for performance 
     of the function by agency civilian employees; and
       ``(iii) an estimate of all other costs and expenditures 
     that the Government would incur because of the award of such 
     a contract;
       ``(F) requires continued performance of the function by 
     agency civilian employees unless the difference in the cost 
     of performance of the function by a contractor compared to 
     the cost of performance of the function by agency civilian 
     employees would, over all performance periods required by the 
     solicitation, be equal to or exceed the lesser of--
       ``(i) 10 percent of the personnel-related costs for 
     performance of that function in the agency tender; or
       ``(ii) $10,000,000; and
       ``(G) examines the effect of performance of the function by 
     a contractor on the agency mission associated with the 
     performance of the function.
       ``(2) A function that is performed by the executive agency 
     and is reengineered, reorganized, modernized, upgraded, 
     expanded, or changed to become more efficient, but still 
     essentially provides the same service, shall not be 
     considered a new requirement.
       ``(3) In no case may a function being performed by 
     executive agency personnel be--
       ``(A) modified, reorganized, divided, or in any way changed 
     for the purpose of exempting the conversion of the function 
     from the requirements of this section; or
       ``(B) converted to performance by a contractor to 
     circumvent a civilian personnel ceiling.
       ``(b) Requirement to Consult Employees.--(1) Each civilian 
     employee of an executive agency responsible for determining 
     under Office of Management and Budget Circular A-76 whether 
     to convert to contractor performance any function of the 
     executive agency--
       ``(A) shall, at least monthly during the development and 
     preparation of the performance work statement and the 
     management efficiency study used in making that 
     determination, consult with civilian employees who will be 
     affected by that determination and consider the views of such 
     employees on the development and preparation of that 
     statement and that study; and
       ``(B) may consult with such employees on other matters 
     relating to that determination.
       ``(2)(A) In the case of employees represented by a labor 
     organization accorded exclusive recognition under section 
     7111 of title 5, consultation with representatives of that 
     labor organization shall satisfy the consultation requirement 
     in paragraph (1).
       ``(B) In the case of employees other than employees 
     referred to in subparagraph (A), consultation with 
     appropriate representatives of those employees shall satisfy 
     the consultation requirement in paragraph (1).
       ``(C) The head of each executive agency shall prescribe 
     regulations to carry out this subsection. The regulations 
     shall include provisions for the selection or designation of 
     appropriate representatives of employees referred to in 
     paragraph (2)(B) for purposes of consultation required by 
     paragraph (1).

[[Page S12311]]

       ``(c) Congressional Notification.--(1) Before commencing a 
     public-private competition under subsection (a), the head of 
     an executive agency shall submit to Congress a report 
     containing the following:
       ``(A) The function for which such public-private 
     competition is to be conducted.
       ``(B) The location at which the function is performed by 
     agency civilian employees.
       ``(C) The number of agency civilian employee positions 
     potentially affected.
       ``(D) The anticipated length and cost of the public-private 
     competition, and a specific identification of the budgetary 
     line item from which funds will be used to cover the cost of 
     the public-private competition.
       ``(E) A certification that a proposed performance of the 
     function by a contractor is not a result of a decision by an 
     official of an executive agency to impose predetermined 
     constraints or limitations on such employees in terms of man 
     years, end strengths, full-time equivalent positions, or 
     maximum number of employees.
       ``(2) The report required under paragraph (1) shall include 
     an examination of the potential economic effect of 
     performance of the function by a contractor on--
       ``(A) agency civilian employees who would be affected by 
     such a conversion in performance; and
       ``(B) the local community and the Government, if more than 
     50 agency civilian employees perform the function.
       ``(3)(A) A representative individual or entity at a 
     facility where a public-private competition is conducted may 
     submit to the head of the executive agency an objection to 
     the public private competition on the grounds that the report 
     required by paragraph (1) has not been submitted or that the 
     certification required by paragraph (1)(E) is not included in 
     the report submitted as a condition for the public private 
     competition. The objection shall be in writing and shall be 
     submitted within 90 days after the following date:
       ``(i) In the case of a failure to submit the report when 
     required, the date on which the representative individual or 
     an official of the representative entity authorized to pose 
     the objection first knew or should have known of that 
     failure.
       ``(ii) In the case of a failure to include the 
     certification in a submitted report, the date on which the 
     report was submitted to Congress.
       ``(B) If the head of the executive agency determines that 
     the report required by paragraph (1) was not submitted or 
     that the required certification was not included in the 
     submitted report, the function for which the public-private 
     competition was conducted for which the objection was 
     submitted may not be the subject of a solicitation of offers 
     for, or award of, a contract until, respectively, the report 
     is submitted or a report containing the certification in full 
     compliance with the certification requirement is submitted.
       ``(d) Exemption for the Purchase of Products and Services 
     of the Blind and Other Severely Handicapped Persons.--This 
     section shall not apply to a commercial or industrial type 
     function of an executive agency that--
       ``(1) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47); or
       ``(2) is planned to be changed to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped persons in 
     accordance with that Act.
       ``(e) Inapplicability During War or Emergency.--The 
     provisions of this section shall not apply during war or 
     during a period of national emergency declared by the 
     President or Congress.''.
       (b) Clerical Amendment.--The table of sections in section 
     1(b) of such Act is amended by adding at the end the 
     following new item:

``Sec. 43. Public-private competition required before conversion to 
              contractor performance.''.

     SEC. 361. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT 
                   EMPLOYEES.

       (a) Guidelines.--
       (1) In general.--The Under Secretary of Defense for 
     Personnel and Readiness shall prescribe guidelines and 
     procedures for ensuring that consideration is given to using 
     Federal Government employees on a regular basis for new work 
     and work that is performed under Department of Defense 
     contracts and could be performed by Federal Government 
     employees.
       (2) Criteria.--The guidelines and procedures prescribed 
     under paragraph (1) shall provide for special consideration 
     to be given to contracts that--
       (A) have been performed by Federal Government employees at 
     any time on or after October 1, 1980;
       (B) are associated with the performance of inherently 
     governmental functions;
       (C) have been performed by a contractor pursuant to a 
     contract that was awarded on a noncompetitive basis, either a 
     contract for a function once performed by Federal employees 
     that was awarded without the conduct of a public-private 
     competition or a contract that was last awarded without the 
     conduct of an actual competition between contractors; or
       (D) have been performed poorly by a contractor because of 
     excessive costs or inferior quality, as determined by a 
     contracting officer within the last five years.
       (3) Deadline for issuance of guidelines.--The Secretary of 
     Defense shall implement the guidelines required under 
     paragraph (1) by not later than 60 days after the date of the 
     enactment of this Act.
       (4) Establishment of contractor inventory.--The Secretary 
     of Defense shall establish an inventory of Department of 
     Defense contracts to determine which contracts meet the 
     criteria set forth in paragraph (2).
       (b) New Requirements.--
       (1) Limitation on requiring public-private competition.--No 
     public-private competition may be required for any Department 
     of Defense function before--
       (A) the commencement of the performance by civilian 
     employees of the Department of Defense of a new Department of 
     Defense function;
       (B) the commencement of the performance by civilian 
     employees of the Department of Defense of any Department of 
     Defense function described in subparagraphs (B) through (D) 
     of subsection (a)(2); or
       (C) the expansion of the scope of any Department of Defense 
     function performed by civilian employees of the Department of 
     Defense.
       (2) Consideration of federal government employees.--The 
     Secretary of Defense shall, to the maximum extent 
     practicable, ensure that Federal Government employees are 
     fairly considered for the performance of new requirements, 
     with special consideration given to new requirements that 
     include functions that--
       (A) are similar to functions that have been performed by 
     Federal Government employees at any time on or after October 
     1, 1980; or
       (B) are associated with the performance of inherently 
     governmental functions.
       (c) Use of Flexible Hiring Authority.--The Secretary may 
     use the flexible hiring authority available to the Secretary 
     under the National Security Personnel System, as established 
     pursuant to section 9902 of title 5, United States Code, to 
     facilitate the performance by civilian employees of the 
     Department of Defense of functions described in subsection 
     (b).
       (d) Inspector General Report.--Not later than 180 days 
     after the enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the compliance of the Secretary of Defense with the 
     requirements of this section.
       (e) Definitions.--In this section:
       (1) The term ``National Security Personnel System'' means 
     the human resources management system established under the 
     authority of section 9902 of title 5, United States Code.
       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).
       (f) Conforming Repeal.--The National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163) is amended by 
     striking section 343.

     SEC. 362. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET 
                   INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC-
                   PRIVATE COMPETITIONS.

       (a) Restriction on Office of Management and Budget.--The 
     Office of Management and Budget may not direct or require the 
     Secretary of Defense or the Secretary of a military 
     department to prepare for, undertake, continue, or complete a 
     public-private competition or direct conversion of a 
     Department of Defense function to performance by a contractor 
     under Office of Management and Budget Circular A-76, or any 
     other successor regulation, directive, or policy.
       (b) Restriction on Secretary of Defense.--The Secretary of 
     Defense or the Secretary of a military department may not 
     prepare for, undertake, continue, or complete a public-
     private competition or direct conversion of a Department of 
     Defense function to performance by a contractor under Office 
     of Management and Budget Circular A-76, or any other 
     successor regulation, directive, or policy by reason of any 
     direction or requirement provided by the Office of Management 
     and Budget.

     SEC. 363. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD 
                   SPECIFIED IN PERFORMANCE AGREEMENT NOT 
                   REQUIRED.

       Section 2461(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) A military department or defense agency may not be 
     required to conduct a public-private competition under Office 
     of Management and Budget Circular A-76 or any other provision 
     of law at the end of the period specified in the performance 
     agreement entered into in accordance with this section for 
     any function of the Department of Defense performed by 
     Department of Defense civilian employees.''.
       This section shall take effect 1 day after date of 
     enactment.
                                 ______
                                 
  SA 3111. Mr. BROWN (for Mr. Harkin) proposed an amendment to the bill 
H.R. 327, to amend title 38, United States Code, to direct the 
Secretary of Veterans Affairs to develop and implement a comprehensive 
program designed to reduce the incidence of suicide among veterans; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Joshua Omvig Veterans 
     Suicide Prevention Act''.

[[Page S12312]]

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) suicide among veterans suffering from post-traumatic 
     stress disorder (in this section referred to as ``PTSD'') is 
     a serious problem; and
       (2) the Secretary of Veterans Affairs should take into 
     consideration the special needs of veterans suffering from 
     PTSD and the special needs of elderly veterans who are at 
     high risk for depression and experience high rates of suicide 
     in developing and implementing the comprehensive program 
     under this Act.

     SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG 
                   VETERANS.

       (a) In General.--
       (1) Comprehensive program for suicide prevention among 
     veterans.--Chapter 17 of title 38, United States Code, is 
     amended by adding at the end the following new section:

     ``Sec. 1720F. Comprehensive program for suicide prevention 
       among veterans

       ``(a) Establishment.--The Secretary shall develop and carry 
     out a comprehensive program designed to reduce the incidence 
     of suicide among veterans incorporating the components 
     described in this section.
       ``(b) Staff Education.--In carrying out the comprehensive 
     program under this section, the Secretary shall provide for 
     mandatory training for appropriate staff and contractors 
     (including all medical personnel) of the Department who 
     interact with veterans. This training shall cover information 
     appropriate to the duties being performed by such staff and 
     contractors. The training shall include information on--
       ``(1) recognizing risk factors for suicide;
       ``(2) proper protocols for responding to crisis situations 
     involving veterans who may be at high risk for suicide; and
       ``(3) best practices for suicide prevention.
       ``(c) Health Assessments of Veterans.--In carrying out the 
     comprehensive program, the Secretary shall direct that 
     medical staff offer mental health in their overall health 
     assessment when veterans seek medical care at a Department 
     medical facility (including a center established under 
     section 1712A of this title) and make referrals, at the 
     request of the veteran concerned, to appropriate counseling 
     and treatment programs for veterans who show signs or 
     symptoms of mental health problems.
       ``(d) Designation of Suicide Prevention Counselors.--In 
     carrying out the comprehensive program, the Secretary shall 
     designate a suicide prevention counselor at each Department 
     medical facility other than centers established under section 
     1712A of this title. Each counselor shall work with local 
     emergency rooms, police departments, mental health 
     organizations, and veterans service organizations to engage 
     in outreach to veterans and improve the coordination of 
     mental health care to veterans.
       ``(e) Best Practices Research.--In carrying out the 
     comprehensive program, the Secretary shall provide for 
     research on best practices for suicide prevention among 
     veterans. Research shall be conducted under this subsection 
     in consultation with the heads of the following entities:
       ``(1) The Department of Health and Human Services.
       ``(2) The National Institute of Mental Health.
       ``(3) The Substance Abuse and Mental Health Services 
     Administration.
       ``(4) The Centers for Disease Control and Prevention.
       ``(f) Sexual Trauma Research.--In carrying out the 
     comprehensive program, the Secretary shall provide for 
     research on mental health care for veterans who have 
     experienced sexual trauma while in military service. The 
     research design shall include consideration of veterans of a 
     reserve component.
       ``(g) 24-Hour Mental Health Care.--In carrying out the 
     comprehensive program, the Secretary shall provide for mental 
     health care availability to veterans on a 24-hour basis.
       ``(h) Hotline.--In carrying out the comprehensive program, 
     the Secretary may provide for a toll-free hotline for 
     veterans to be staffed by appropriately trained mental health 
     personnel and available at all times.
       ``(i) Outreach and Education for Veterans and Families.--In 
     carrying out the comprehensive program, the Secretary shall 
     provide for outreach to and education for veterans and the 
     families of veterans, with special emphasis on providing 
     information to veterans of Operation Iraqi Freedom and 
     Operation Enduring Freedom and the families of such veterans. 
     Education to promote mental health shall include information 
     designed to--
       ``(1) remove the stigma associated with mental illness;
       ``(2) encourage veterans to seek treatment and assistance 
     for mental illness;
       ``(3) promote skills for coping with mental illness; and
       ``(4) help families of veterans with--
       ``(A) understanding issues arising from the readjustment of 
     veterans to civilian life;
       ``(B) identifying signs and symptoms of mental illness; and
       ``(C) encouraging veterans to seek assistance for mental 
     illness.
       ``(j) Peer Support Counseling Program.--(1) In carrying out 
     the comprehensive program, the Secretary may establish and 
     carry out a peer support counseling program, under which 
     veterans shall be permitted to volunteer as peer counselors--
       ``(A) to assist other veterans with issues related to 
     mental health and readjustment; and
       ``(B) to conduct outreach to veterans and the families of 
     veterans.
       ``(2) In carrying out the peer support counseling program 
     under this subsection, the Secretary shall provide adequate 
     training for peer counselors.
       ``(k) Other Components.--In carrying out the comprehensive 
     program, the Secretary may provide for other actions to 
     reduce the incidence of suicide among veterans that the 
     Secretary considers appropriate.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1720F. Comprehensive program for suicide prevention among 
              veterans.''.
       (b) Report to Congress.--
       (1) Report required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to Congress a report on the 
     comprehensive program under section 1720F of title 38, United 
     States Code, as added by subsection (a).
       (2) Contents of report.--The report shall contain the 
     following:
       (A) Information on the status of the implementation of such 
     program.
       (B) Information on the time line and costs for complete 
     implementation of the program within two years.
       (C) A plan for additional programs and activities designed 
     to reduce the occurrence of suicide among veterans.
       (D) Recommendations for further legislation or 
     administrative action that the Secretary considers 
     appropriate to improve suicide prevention programs within the 
     Department of Veterans Affairs.

                          ____________________