[Congressional Record Volume 154, Number 144 (Thursday, September 11, 2008)]
[Senate]
[Pages S8421-S8454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5446. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 454, after line 21, add the following:

     SEC. 2814. EXPANDED IMPLEMENTATION OF FIRST SERGEANTS 
                   BARRACKS INITIATIVE.

       The Secretary of the Army shall implement the First 
     Sergeants Barracks Initiative (FSBI) throughout the Army in 
     order to improve the quality of life and living environments 
     for single soldiers.
                                 ______
                                 
  SA 5447. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1068. SENSE OF SENATE ON CARE FOR WOUNDED WARRIORS.

       (a) Findings.--The Senate makes the following findings:
       (1) The Wounded Warrior Act (title XVI of Public Law 110-
     181) established a comprehensive policy on improvements to 
     care, management, and transition of recovering service 
     members.
       (2) This policy included guidance on Training and Skills of 
     Health Care Professionals, Recovery Care Coordinators, 
     Medical Care Case Managers, and Non-Medical Care Managers for 
     Recovering Service Members.
       (3) The Department of Veterans Affairs currently has eight 
     fully trained Recovery Care Coordinators in the field serving 
     123 wounded warriors with an additional two Recovery Care 
     Coordinators in training and additional applicants being 
     considered.
       (4) The requirement for Recovery Care Coordinators, Medical 
     Care Case Managers, and Non-Medical Care Managers for 
     Recovering Service Members exceeds the current availability 
     of these personnel within the Department of Veterans Affairs 
     and Department of Defense.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of Veterans Affairs and Department of Defense 
     should--
       (1) aggressively recruit, hire, and train individuals as 
     Recovery Care Coordinators, Medical Care Case Managers, and 
     Non-Medical Care Managers for Recovering Service Members;
       (2) establish partnerships between Department of Defense 
     medical facilities and Department of Veterans Affairs medical 
     facilities, on the one hand, and public and private 
     institutions of higher education, on the other hand, to 
     assist in training medical care case management personnel 
     needed to support returning wounded and ill service members;
       (3) work closely with public and private institutions of 
     higher education to ensure the most current care management 
     techniques and evidenced based guidelines are incorporated 
     into training programs for Health Care Professionals, 
     Recovery Care Coordinators, Medical Care Case Managers, and 
     Non-Medical Care Managers; and
       (4) expand the use of Recovery Care Coordinators, Medical 
     Care Case Managers, and Non-Medical Care Managers to include 
     other than newly wounded and disabled recovering service 
     members.
                                 ______
                                 
  SA 5448. Mr. AKAKA (for himself, Mr. Stevens, Mr. Inouye, and Ms. 
Murkowski) submitted an amendment intended to be proposed by him to the 
bill S. 3001, to authorize appropriations for fiscal year 2009 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 311, between lines 13 and 14, insert the following:

[[Page S8422]]

        Subtitle H--Non-Foreign Area Retirement Equity Assurance

     SEC. 1091. SHORT TITLE.

       This title may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2008'' or the ``Non-
     Foreign AREA Act of 2008''.

     SEC. 1092. EXTENSION OF LOCALITY PAY.

       (a) Locality-Based Comparability Payments.--Section 5304 of 
     title 5, United States Code, is amended--
       (1) in subsection (f)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) each General Schedule position in the United States, 
     as defined under section 5921(4), and its territories and 
     possessions, including the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands, shall be 
     included within a pay locality;'';
       (2) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) by redesignating subparagraph (B) as subparagraph (C);
       (iii) by inserting after subparagraph (A) the following:
       ``(B) positions under subsection (h)(1)(D) not covered by 
     appraisal systems certified under section 5382; and''; and
       (iv) in subparagraph (C) (as redesignated by this 
     paragraph), by striking ``under subsection (h)(1)(D)'' and 
     inserting ``under subsection (h)(1)(E)''; and
       (B) by adding at the end the following:
       ``(3) The applicable maximum under this subsection shall be 
     level II of the Executive Schedule for positions under 
     subsection (h)(1)(D) covered by appraisal systems certified 
     under section 5307(d).''; and
       (3) in subsection (h)(1)--
       (A) in subparagraph (C) by striking ``and'' after the 
     semicolon;
       (B) by redesignating subparagraph (D) as subparagraph (E);
       (C) by inserting after subparagraph (C) the following:
       ``(D) a Senior Executive Service position under section 
     3132 stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent the day before the date of enactment of the Non-
     Foreign Area Retirement Equity Assurance Act of 2008 was 
     eligible to receive a cost-of-living allowance under section 
     5941; and''; and
       (D) in clause (iii) in the matter following subparagraph 
     (D), by inserting ``stationed in the 48 contiguous States and 
     the District of Columbia, or stationed within the United 
     States, but outside the 48 contiguous States and the District 
     of Columbia, in which the incumbent the day before the date 
     of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2008 was not eligible to receive a cost-of-
     living allowance under section 5941; and'' before the 
     semicolon.
       (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
       (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) of 
     this subsection shall be the cost-of-living allowance rate in 
     effect on December 31, 2008, except as adjusted under 
     subsection (c).'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following:
       ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2008.
       ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
       ``(A) January 1, 2009; and
       ``(B) on January 1 of each calendar year in which a 
     locality-based comparability adjustment takes effect under 
     section 1094 (2) and (3) of the Non-Foreign Area Retirement 
     Equity Assurance Act of 2008.
       ``(2)(A) In this paragraph, the term `applicable locality-
     based comparability pay percentage' means, with respect to 
     calendar year 2009 and each calendar year thereafter, the 
     applicable percentage under section 1094 (1), (2), or (3) of 
     Non-Foreign Area Retirement Equity Assurance Act of 2008.
       ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
       ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2008; and
       ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
       ``(I) one; and
       ``(II) the applicable locality-based comparability payment 
     percentage expressed as a numeral.
       ``(3) No allowance rate computed under paragraph (2) may be 
     less than zero.
       ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. 1093. ADJUSTMENT OF SPECIAL RATES.

       (a) In General.--Each special rate of pay established under 
     section 5305 of title 5, United States Code, and payable in 
     an area designated as a cost-of-living allowance area under 
     section 5941(a) of that title, shall be adjusted, on the 
     dates prescribed by section 1094 of this Act, in accordance 
     with regulations prescribed by the Director of the Office of 
     Personnel Management under section 1099 of this Act.
       (b) Department of Veterans Affairs.--Each special rate of 
     pay established under section 7455 of title 38, United States 
     Code, and payable in a location designated as a cost-of-
     living allowance area under section 5941(a)(1) of title 5, 
     United States Code, shall be adjusted in accordance with 
     regulations prescribed by the Secretary of Veterans Affairs 
     that are consistent with the regulations issued by the 
     Director of the Office of Personnel Management under 
     subsection (a).
       (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section 1094 ending on the first day of the first pay period 
     beginning on or after January 1, 2011, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. 1094. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

       Notwithstanding any other provision of this title or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this title, for each non-
     foreign area determined under section 5941(b) of that title, 
     the applicable rate for the locality-based comparability 
     adjustment that is used in the computation required under 
     section 5941(c) of that title shall be adjusted effective on 
     the first day of the first pay period beginning on or after 
     January 1--
       (1) in calendar year 2009, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;
       (2) in calendar year 2010, by using \2/3\ of the otherwise 
     applicable comparability payment approved by the President 
     for each non-foreign area; and
       (3) in calendar year 2011 and each subsequent year, by 
     using the full amount of the applicable comparability payment 
     approved by the President for each non-foreign area.

     SEC. 1095. SAVINGS PROVISION.

       (a) Sense of Congress.--It is the sense of Congress that 
     the application of this title to any employee should not 
     result in a decrease in the take home pay of that employee.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Bureau of Labor Statistics will conduct separate surveys 
     pursuant to the establishment by the President's Pay Agent of 
     1 new locality area for the entire State of Hawaii and 1 new 
     locality area for the entire State of Alaska, and that upon 
     the completion of the phase in period no employee shall 
     receive less than the Rest of the U.S. locality pay rate.
       (c) Savings Provisions.--
       (1) In general.--During the period described under section 
     1094 of this Act, an employee paid a special rate under 5305 
     of title 5, United States Code, who the day before the date 
     of enactment of this Act was eligible to receive a cost-of-
     living allowance under section 5941 of title 5, United States 
     Code, and who continues to be officially stationed in an 
     allowance area, shall receive an increase in the employee's 
     special rate consistent with increases in the applicable 
     special rate schedule. For employees in allowance areas, the 
     minimum step rate for any grade of a special rate schedule 
     shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section 1094 of this Act, 
     and corresponding increases shall be provided for all step 
     rates of the given pay range.
       (2) Continuation of cost of living allowance rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this title, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2008 without adjustment until--
       (A) the employee leaves the allowance area or pay system; 
     or
       (B) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,

     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto shall be fixed in the manner 
     provided by applicable law and regulation.
       (3) Locality-based comparability payments.--Any employee 
     covered under paragraph (2) shall receive any applicable 
     locality-based comparability payment extended under section 
     1094 of this Act which is not in excess of the maximum rate 
     set under section 5304(g) of title 5, United States Code for 
     his position including any future increase to statutory pay 
     caps under 5318 of title 5, United States Code. 
     Notwithstanding paragraph (2), to the extent that an employee 
     covered under that paragraph receives any

[[Page S8423]]

     amount of locality-based comparability payment, the cost-of-
     living allowance rate under that paragraph shall be reduced 
     accordingly, as provided under section 5941(c)(2)(B) of title 
     5, United States Code.

     SEC. 1096. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
       (A) any employee who--
       (i) on--

       (I) the day before the date of enactment of this Act--

       (aa) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
       (bb) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

       (II) or after the date of enactment of this Act becomes 
     eligible to be paid a cost-of-living allowance under 5941 of 
     title 5, United States Code; and

       (ii) except as provided under paragraph (2), is not covered 
     under--

       (I) section 5941 of title 5, United States Code (as amended 
     by section 1092 of this Act); and
       (II) section 1094 of this Act; or

       (B) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code; or
       (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or

       (ii) on or after the date of enactment of this Act--

       (I) becomes eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) becomes eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code; or
       (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code.

       (2) Application to covered employees.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this title (including the amendments 
     made by this title) any covered employee shall be treated as 
     an employee to whom section 5941 of title 5, United States 
     Code (as amended by section 1092 of this Act), and section 
     1094 of this Act apply.
       (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this title shall be considered 
     to be fixed by statute.
       (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     title including section 5941 of title 5, United States Code 
     (as amended by section 1092 of this Act), may be reduced on 
     the basis of the performance of that employee.
       (b) Postal Employees in Non-Foreign Areas.--
       (1) In general.--Section 1005(b) of title 39, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) by striking ``Section 5941,'' and inserting ``Except as 
     provided under paragraph (2), section 5941'';
       (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
       (D) by adding at the end the following:
       ``(2) On and after the date of enactment of the Non-Foreign 
     Area Retirement Equity Assurance Act of 2008--
       ``(A) the provisions of that Act and section 5941 of title 
     5 shall apply to officers and employees covered by section 
     1003(b) and (c) whose duty station is in a nonforeign area; 
     and
       ``(B) with respect to officers and employees of the Postal 
     Service (other than those officers and employees described 
     under subparagraph (A)) section 6(b)(2) of that Act shall 
     apply.''.
       (2) Continuation of cost of living allowance.--
       (A) In general.--Notwithstanding any other provision of 
     this title, any employee of the Postal Service (other than an 
     employee covered by section 1003(b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this title (including the amendments made by this title) 
     had not been enacted, except that the cost-of-living 
     allowance rate paid to that employee--
       (i) may result in the allowance exceeding 25 percent of the 
     rate of basic pay of that employee; and
       (ii) shall be the greater of--

       (I) the cost-of-living allowance rate in effect on December 
     31, 2008 for the applicable area; or
       (II) the applicable locality-based comparability pay 
     percentage under section 4.

       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or
       (ii) authorize an employee described under subparagraph (A) 
     to file an election under section 1097 or 1098 of this Act.

     SEC. 1097. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
       (1) to whom section 1094 applies;
       (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title 5, United States Code, during 
     the period of January 1, 2009, through December 31, 2011; and
       (3) who files and election with the Office of Personnel 
     Management under subsection (b).
       (b) Election.--
       (1) In general.--An employee described under subsection (a) 
     (1) and (2) may file an election with the Office of Personnel 
     Management to be covered under this section.
       (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2011.
       (c) Computation of Annuity.--
       (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2009 through the first applicable pay period ending on or 
     after December 31, 2011, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
       (2) Limitation.--The amount of the cost-of-living allowance 
     which may be considered basic pay under paragraph (1) may not 
     exceed the amount of the locality-based comparability 
     payments the employee would have received during that period 
     for the applicable pay area if the limitation under section 
     1094 of this Act did not apply.
       (d) Civil Service Retirement and Disability Retirement 
     Fund.--
       (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
       (A) an amount equal to the difference between--
       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if that subsection had been in 
     effect during that period; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
       (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
       (2) Agency contributions.--
       (A) In general.--The employing agency of a covered employee 
     shall pay into the Civil Service Retirement and Disability 
     Retirement Fund an amount for applicable agency contributions 
     based on payments made under paragraph (1).
       (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
       (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. 1098. ELECTION OF COVERAGE BY EMPLOYEES.

       (a) In General.--Notwithstanding any other provision of 
     this title (other than section 1096(b)), an employee may make 
     an irrevocable election in accordance with this section, if--
       (1) that employee is paid an allowance under section 5941 
     of title 5, United States Code, during a pay period in which 
     the date of the enactment of this Act occurs; or
       (2) that employee--
       (A) is a covered employee as defined under section 6(a)(1); 
     and
       (B) during a pay period in which the date of the enactment 
     of this Act occurs is paid an allowance--
       (i) under section 1603(b) of title 10, United States Code;
       (ii) under section 1005(b) of title 39, United States Code; 
     or
       (iii) based on section 5941 of title 5, United States Code.
       (b) Filing Election.--Not later than 60 days after the date 
     of enactment of this Act, an employee described under 
     subsection (a) may file an election with the Office of 
     Personnel Management to be treated for all purposes--
       (1) in accordance with the provisions of this title 
     (including the amendments made by this title); or
       (2) as if the provisions of this title (including the 
     amendments made by this title) had not been enacted, except 
     that the cost-of-living allowance rate paid to that employee 
     shall be the cost-of-living allowance rate in effect on 
     December 31, 2008, for that employee without any adjustment 
     after that date.
       (c) Failure To File.--Failure to make a timely election 
     under this section shall be treated in the same manner as an 
     election made under subsection (b)(1) on the last day 
     authorized under that subsection.
       (d) Notice.--To the greatest extent practicable, the Office 
     of Personnel Management shall provide timely notice of the 
     election

[[Page S8424]]

     which may be filed under this section to employees described 
     under subsection (a).

     SEC. 1099. REGULATIONS.

       (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     title, including--
       (1) rules for special rate employees described under 
     section 3;
       (2) rules for adjusting rates of basic pay for employees in 
     pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section 1094 ending on the first day of the 
     first pay period beginning on or after January 1, 2011; and
       (3) rules governing establishment and adjustment of saved 
     or retained rates for any employee whose rate of pay exceeds 
     applicable pay limitations on the first day of the first pay 
     period beginning on or after January 1, 2011.
       (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this title with respect to employees in such pay system, 
     consistent with the regulations issued by the Office under 
     subsection (a).

     SEC. 1099A. EFFECTIVE DATES.

       (a) In General.--Except as provided by subsection (b), this 
     title (including the amendments made by this title) shall 
     take effect on the date of enactment of this Act.
       (b) Locality Pay and Schedule.--The amendments made by 
     section 1092 and the provisions of section 1094 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2009.
                                 ______
                                 
  SA 5449. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 344. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT 
                   REQUIREMENT.

       Section 526 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17142) is amended--
       (1) by striking ``No Federal agency'' and inserting the 
     following:
       ``(a) Requirement.--Except as provided in subsection (b), 
     no Federal agency''; and
       (2) by adding at the end the following:
       ``(b) Exception.--Subsection (a) shall not prohibit a 
     Federal agency from entering into a contract to purchase a 
     generally available fuel that is produced in whole or in part 
     from a nonconventional petroleum source, if--
       ``(1) the contract does not specifically require the 
     contractor to provide a fuel from a nonconventional petroleum 
     source;
       ``(2) the purpose of the contract is not to obtain a fuel 
     from a nonconventional petroleum source;
       ``(3) the contract does not provide incentives (excluding 
     compensation at market prices for the purchase of fuel 
     purchased) for a refinery upgrade or expansion to allow a 
     refinery to use or increase the use by the refinery of fuel 
     from a nonconventional petroleum source; and
       ``(4) in the case of a fuel predominantly produced from a 
     nonconventional petroleum source, obtaining an alternative 
     supply is not practicable due to unavailability or 
     substantial additional costs.''.
                                 ______
                                 
  SA 5450. Mrs. McCASKILL (for herself, Mr. Kennedy, and Mr. Enzi) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. INDEPENDENT STUDENT.

       (a) Amendment.--Section 480(d)(1)(D) of the Higher 
     Education Act of 1965 (as amended by Public Law 110-84) (20 
     U.S.C. 1087vv(d)(1)(D)) is amended--
       (1) by striking ``(c)(1)) or is'' and inserting ``(c)(1)), 
     is''; and
       (2) by inserting ``, or is a current active member of the 
     National Guard or Reserve who has completed initial military 
     training'' after ``purposes''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective on July 1, 2009.
                                 ______
                                 
  SA 5451. Mr. FEINGOLD (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division A, add the following:

 TITLE XVII--COMMISSIONS ON TREATMENT OF EUROPEAN AMERICANS, EUROPEAN 
        LATIN AMERICANS, AND JEWISH REFUGEES DURING WORLD WAR II

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Wartime Treatment Study 
     Act''.

     SEC. 1702. FINDINGS.

       Congress makes the following findings:
       (1) During World War II, the United States Government 
     deemed as ``enemy aliens'' more than 600,000 Italian-born and 
     300,000 German-born United States resident aliens and their 
     families and required them to carry Certificates of 
     Identification and limited their travel and personal property 
     rights. At that time, these groups were the 2 largest 
     foreign-born groups in the United States.
       (2) During World War II, the United States Government 
     arrested, interned, or otherwise detained thousands of 
     European Americans, some remaining in custody for years after 
     cessation of World War II hostilities, and repatriated, 
     exchanged, or deported European Americans, including 
     American-born children, to European Axis nations, many to be 
     exchanged for Americans held in those nations.
       (3) Pursuant to a policy coordinated by the United States 
     with Latin American nations, many European Latin Americans, 
     including German and Austrian Jews, were arrested, brought to 
     the United States, and interned. Many were later expatriated, 
     repatriated, or deported to European Axis nations during 
     World War II, many to be exchanged for Americans and Latin 
     Americans held in those nations.
       (4) Millions of European Americans served in the armed 
     forces and thousands sacrificed their lives in defense of the 
     United States.
       (5) The wartime policies of the United States Government 
     were devastating to the Italian American and German American 
     communities, individuals, and their families. The detrimental 
     effects are still being experienced.
       (6) Prior to and during World War II, the United States 
     restricted the entry of Jewish refugees who were fleeing 
     persecution or genocide and sought safety in the United 
     States. During the 1930's and 1940's, the quota system, 
     immigration regulations, visa requirements, and the time 
     required to process visa applications affected the number of 
     Jewish refugees, particularly those from Germany and Austria, 
     who could gain admittance to the United States.
       (7) The United States Government should conduct an 
     independent review to fully assess and acknowledge these 
     actions. Congress has previously reviewed the United States 
     Government's wartime treatment of Japanese Americans through 
     the Commission on Wartime Relocation and Internment of 
     Civilians. An independent review of the treatment of German 
     Americans and Italian Americans and of Jewish refugees 
     fleeing persecution and genocide has not yet been undertaken.
       (8) Time is of the essence for the establishment of 
     commissions, because of the increasing danger of destruction 
     and loss of relevant documents, the advanced age of potential 
     witnesses and, most importantly, the advanced age of those 
     affected by the United States Government's policies. Many who 
     suffered have already passed away and will never know of this 
     effort.

     SEC. 1703. DEFINITIONS.

       In this title:
       (1) During world war ii.--The term ``during World War II'' 
     refers to the period between September 1, 1939, through 
     December 31, 1948.
       (2) European americans.--
       (A) In general.--The term ``European Americans'' refers to 
     United States citizens and resident aliens of European 
     ancestry, including Italian Americans, German Americans, 
     Hungarian Americans, Romanian Americans, and Bulgarian 
     Americans.
       (B) Italian americans.--The term ``Italian Americans'' 
     refers to United States citizens and resident aliens of 
     Italian ancestry.
       (C) German americans.--The term ``German Americans'' refers 
     to United States citizens and resident aliens of German 
     ancestry.
       (3) European latin americans.--The term ``European Latin 
     Americans'' refers to persons of European ancestry, including 
     Italian or German ancestry, residing in a Latin American 
     nation during World War II.
       (4) Latin american nation.--The term ``Latin American 
     nation'' refers to any nation in Central America, South 
     America, or the Carribean.

   Subtitle A--Commission on Wartime Treatment of European Americans

     SEC. 1711. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT 
                   OF EUROPEAN AMERICANS.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of European Americans (referred to in this 
     subtitle as the ``European American Commission'').
       (b) Membership.--The European American Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of the enactment of this Act as 
     follows:

[[Page S8425]]

       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the European American Commission. A vacancy in the 
     European American Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.
       (d) Representation.--The European American Commission shall 
     include 2 members representing the interests of Italian 
     Americans and 2 members representing the interests of German 
     Americans.
       (e) Meetings.--The President shall call the first meeting 
     of the European American Commission not later than 120 days 
     after the date of the enactment of this Act.
       (f) Quorum.--Four members of the European American 
     Commission shall constitute a quorum, but a lesser number may 
     hold hearings.
       (g) Chairman.--The European American Commission shall elect 
     a Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the European 
     American Commission.
       (h) Compensation.--
       (1) In general.--Members of the European American 
     Commission shall serve without pay.
       (2) Reimbursement of expenses.--All members of the European 
     American Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 1712. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--It shall be the duty of the European 
     American Commission to review the United States Government's 
     wartime treatment of European Americans and European Latin 
     Americans as provided in subsection (b).
       (b) Scope of Review.--The European American Commission's 
     review shall include the following:
       (1) A comprehensive review of the facts and circumstances 
     surrounding United States Government actions during World War 
     II with respect to European Americans and European Latin 
     Americans pursuant to the Alien Enemies Acts (50 U.S.C. 21 et 
     seq.), Presidential Proclamations 2526, 2527, 2655, 2662, and 
     2685, Executive Orders 9066 and 9095, and any directive of 
     the United States Government pursuant to such law, 
     proclamations, or executive orders respecting the 
     registration, arrest, exclusion, internment, exchange, or 
     deportation of European Americans and European Latin 
     Americans. This review shall include an assessment of the 
     underlying rationale of the United States Government's 
     decision to develop related programs and policies, the 
     information the United States Government received or acquired 
     suggesting the related programs and policies were necessary, 
     the perceived benefit of enacting such programs and policies, 
     and the immediate and long-term impact of such programs and 
     policies on European Americans and European Latin Americans 
     and their communities.
       (2) A comprehensive review of United States Government 
     action during World War II with respect to European Americans 
     and European Latin Americans pursuant to the Alien Enemies 
     Acts (50 U.S.C. 21 et seq.), Presidential Proclamations 2526, 
     2527, 2655, 2662, and 2685, Executive Orders 9066 and 9095, 
     and any directive of the United States Government pursuant to 
     such law, proclamations, or executive orders, including 
     registration requirements, travel and property restrictions, 
     establishment of restricted areas, raids, arrests, 
     internment, exclusion, policies relating to the families and 
     property that excludees and internees were forced to abandon, 
     internee employment by American companies (including a list 
     of such companies and the terms and type of employment), 
     exchange, repatriation, and deportation, and the immediate 
     and long-term effect of such actions, particularly 
     internment, on the lives of those affected. This review shall 
     include a list of--
       (A) all temporary detention and long-term internment 
     facilities in the United States and Latin American nations 
     that were used to detain or intern European Americans and 
     European Latin Americans during World War II (in this 
     paragraph referred to as ``World War II detention 
     facilities'');
       (B) the names of European Americans and European Latin 
     Americans who died while in World War II detention facilities 
     and where they were buried;
       (C) the names of children of European Americans and 
     European Latin Americans who were born in World War II 
     detention facilities and where they were born; and
       (D) the nations from which European Latin Americans were 
     brought to the United States, the ships that transported them 
     to the United States and their departure and disembarkation 
     ports, the locations where European Americans and European 
     Latin Americans were exchanged for persons held in European 
     Axis nations, and the ships that transported them to Europe 
     and their departure and disembarkation ports.
       (3) A brief review of the participation by European 
     Americans in the United States Armed Forces including the 
     participation of European Americans whose families were 
     excluded, interned, repatriated, or exchanged.
       (4) A recommendation of appropriate remedies, including how 
     civil liberties can be protected during war, or an actual, 
     attempted, or threatened invasion or incursion, an assessment 
     of the continued viability of the Alien Enemies Acts (50 
     U.S.C. 21 et seq.), and public education programs related to 
     the United States Government's wartime treatment of European 
     Americans and European Latin Americans during World War II.
       (c) Field Hearings.--The European American Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The European American Commission shall submit 
     a written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 101(e).

     SEC. 1713. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--The European American Commission or, on 
     the authorization of the Commission, any subcommittee or 
     member thereof, may, for the purpose of carrying out the 
     provisions of this subtitle, hold such hearings and sit and 
     act at such times and places, and request the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memorandum, papers, and documents as 
     the Commission or such subcommittee or member may deem 
     advisable. The European American Commission may request the 
     Attorney General to invoke the aid of an appropriate United 
     States district court to require, by subpoena or otherwise, 
     such attendance, testimony, or production.
       (b) Government Information and Cooperation.--The European 
     American Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the European American Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the European American Commission and 
     furnish all information requested by the European American 
     Commission to the extent permitted by law, including 
     information collected under the Commission on Wartime and 
     Internment of Civilians Act (Public Law 96-317; 50 U.S.C. 
     App. 1981 note) and the Wartime Violation of Italian 
     Americans Civil Liberties Act (Public Law 106-451; 50 U.S.C. 
     App. 1981 note). For purposes of section 552a(b)(9) of title 
     5, United States Code (commonly known as the ``Privacy Act of 
     1974''), the European American Commission shall be deemed to 
     be a committee of jurisdiction.

     SEC. 1714. ADMINISTRATIVE PROVISIONS.

       The European American Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 1715. FUNDING.

       Of the amounts authorized to be appropriated to the 
     Department of Justice, $600,000 shall be available to carry 
     out this subtitle.

     SEC. 1716. SUNSET.

       The European American Commission shall terminate 60 days 
     after it submits its report to Congress.

     Subtitle B--Commission on Wartime Treatment of Jewish Refugees

     SEC. 1721. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT 
                   OF JEWISH REFUGEES.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of Jewish Refugees (referred to in this 
     subtitle as the ``Jewish Refugee Commission'').
       (b) Membership.--The Jewish Refugee Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days

[[Page S8426]]

     after the date of the enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the Jewish Refugee Commission. A vacancy in the 
     Jewish Refugee Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.
       (d) Representation.--The Jewish Refugee Commission shall 
     include 2 members representing the interests of Jewish 
     refugees.
       (e) Meetings.--The President shall call the first meeting 
     of the Jewish Refugee Commission not later than 120 days 
     after the date of the enactment of this Act.
       (f) Quorum.--Four members of the Jewish Refugee Commission 
     shall constitute a quorum, but a lesser number may hold 
     hearings.
       (g) Chairman.--The Jewish Refugee Commission shall elect a 
     Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the Jewish Refugee 
     Commission.
       (h) Compensation.--
       (1) In general.--Members of the Jewish Refugee Commission 
     shall serve without pay.
       (2) Reimbursement of expenses.--All members of the Jewish 
     Refugee Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 1722. DUTIES OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--It shall be the duty of the Jewish Refugee 
     Commission to review the United States Government's refusal 
     to allow Jewish and other refugees fleeing persecution or 
     genocide in Europe entry to the United States as provided in 
     subsection (b).
       (b) Scope of Review.--The Jewish Refugee Commission's 
     review shall cover the period between January 1, 1933, 
     through December 31, 1945, and shall include, to the greatest 
     extent practicable, the following:
       (1) A review of the United States Government's decision to 
     deny Jewish and other refugees fleeing persecution or 
     genocide entry to the United States, including a review of 
     the underlying rationale of the United States Government's 
     decision to refuse the Jewish and other refugees entry, the 
     information the United States Government received or acquired 
     suggesting such refusal was necessary, the perceived benefit 
     of such refusal, and the impact of such refusal on the 
     refugees.
       (2) A review of Federal refugee law and policy relating to 
     those fleeing persecution or genocide, including 
     recommendations for making it easier in the future for 
     victims of persecution or genocide to obtain refuge in the 
     United States.
       (c) Field Hearings.--The Jewish Refugee Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The Jewish Refugee Commission shall submit a 
     written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 1721(e).

     SEC. 1723. POWERS OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--The Jewish Refugee Commission or, on the 
     authorization of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out the provisions 
     of this subtitle, hold such hearings and sit and act at such 
     times and places, and request the attendance and testimony of 
     such witnesses and the production of such books, records, 
     correspondence, memorandum, papers, and documents as the 
     Commission or such subcommittee or member may deem advisable. 
     The Jewish Refugee Commission may request the Attorney 
     General to invoke the aid of an appropriate United States 
     district court to require, by subpoena or otherwise, such 
     attendance, testimony, or production.
       (b) Government Information and Cooperation.--The Jewish 
     Refugee Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the Jewish Refugee Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the Jewish Refugee Commission and 
     furnish all information requested by the Jewish Refugee 
     Commission to the extent permitted by law, including 
     information collected as a result of the Commission on 
     Wartime and Internment of Civilians Act (Public Law 96-317; 
     50 U.S.C. App. 1981 note) and the Wartime Violation of 
     Italian Americans Civil Liberties Act (Public Law 106-451; 50 
     U.S.C. App. 1981 note). For purposes of section 552a(b)(9) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974''), the Jewish Refugee Commission shall be deemed 
     to be a committee of jurisdiction.

     SEC. 1724. ADMINISTRATIVE PROVISIONS.

       The Jewish Refugee Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 1725. FUNDING.

       Of the amounts authorized to be appropriated to the 
     Department of Justice, $600,000 shall be available to carry 
     out this subtitle.

     SEC. 1726. SUNSET.

       The Jewish Refugee Commission shall terminate 60 days after 
     it submits its report to Congress.
                                 ______
                                 
  SA 5452. Mr. LEVIN (for himself, and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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 342, between lines 10 and 11, insert the following:

     SEC. 1208. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE 
                   ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES 
                   OF CERTAIN FOREIGN GOVERNMENTS.

       (a) Extension of Authority.--Paragraph (2) of subsection 
     (a) of section 1033 of the National Defense Authorization Act 
     for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as 
     amended by section 1021 of the National Defense Authorization 
     Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1593) 
     and section 1022 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2382), is amended by striking ``September 30, 
     2008'' and inserting ``September 30, 2010''.
       (b) Additional Governments Eligible to Receive Support.--
     Subsection (b) of such section 1033 is amended by adding at 
     the end the following new paragraphs:
       ``(19) The Government of El Salvador.
       ``(20) The Government of Nicaragua.
       ``(21) The Government of Honduras.''.
       (c) Maximum Annual Amounts of Support.--Subsection (e)(2) 
     of such section is amended--
       (1) by striking ``or'' after ``2006''; and
       (2) by inserting before the period at the end the 
     following: ``, or $75,000,000 during either of the fiscal 
     years 2009 and 2010''.
                                 ______
                                 
  SA 5453. Mr. SPECTER (for himself, and Mr. Kohl) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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 the bill, insert the following:

       TITLE--NO OIL PRODUCING AND EXPORTING CARTELS ACT OF 2008

     SEC. __. NO OIL PRODUCING AND EXPORTING CARTELS ACT OF 2008.

       (a) Short Title.--This section may be cited as the ``No Oil 
     Producing and Exporting Cartels Act of 2008'' or ``NOPEC''.
       (b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is 
     amended by adding after section 7 the following:

     ``SEC. 7A. OIL PRODUCING CARTELS.

       ``(a) In General.--It shall be illegal and a violation of 
     this Act for any foreign state, or any instrumentality or 
     agent of any foreign state, to act collectively or in 
     combination with any other foreign state, any instrumentality 
     or agent of any other foreign state, or any other person, 
     whether by cartel or any

[[Page S8427]]

     other association or form of cooperation or joint action--
       ``(1) to limit the production or distribution of oil, 
     natural gas, or any other petroleum product;
       ``(2) to set or maintain the price of oil, natural gas, or 
     any petroleum product; or
       ``(3) to otherwise take any action in restraint of trade 
     for oil, natural gas, or any petroleum product;

     when such action, combination, or collective action has a 
     direct, substantial, and reasonably foreseeable effect on the 
     market, supply, price, or distribution of oil, natural gas, 
     or other petroleum product in the United States.
       ``(b) Sovereign Immunity.--A foreign state engaged in 
     conduct in violation of subsection (a) shall not be immune 
     under the doctrine of sovereign immunity from the 
     jurisdiction or judgments of the courts of the United States 
     in any action brought to enforce this section.
       ``(c) Inapplicability of Act of State Doctrine.--No court 
     of the United States shall decline, based on the act of state 
     doctrine, to make a determination on the merits in an action 
     brought under this section.
       ``(d) Enforcement.--The Attorney General of the United 
     States may bring an action to enforce this section in any 
     district court of the United States as provided under the 
     antitrust laws.''.
       (c) Sovereign Immunity.--Section 1605(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (6), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (7), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(8) in which the action is brought under section 7A of 
     the Sherman Act.''.
                                 ______
                                 
  SA 5454. Mr. SPECTER (for himself, Mr. DeMint, Mr. Sessions, and Mr. 
Coburn) submitted an amendment intended to be proposed by him to the 
bill S. 3001, to authorize appropriations for fiscal year 2009 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. __. IMMIGRANT REPATRIATION.

       (a) Short Title.--This section may be cited as the 
     ``Accountability in Immigrant Repatriation Act''.
       (b) Prohibition on Federal Financial Assistance to 
     Countries That Deny or Unreasonably Delay the Acceptance of 
     Nationals Who Have Been Ordered Removed From the United 
     States.--Chapter 1 of part I of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151 et seq.) is amended--
       (1) by redesignating section 135, as added by section 5(a) 
     of Public Law 109-121, as section 136; and
       (2) by adding at the end the following:

     ``SEC. 137. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE TO 
                   COUNTRIES THAT DENY OR UNREASONABLY DELAY THE 
                   REPATRIATION OF NATIONALS WHO HAVE BEEN ORDERED 
                   REMOVED FROM THE UNITED STATES.

       ``(a) In General.--Except as otherwise provided under this 
     section, funds made available under this Act may not be 
     dispersed to a foreign country that refuses or unreasonably 
     delays the acceptance of an alien who--
       ``(1) is a citizen, subject, national, or resident of such 
     country; and
       ``(2) has received a final order of removal under chapter 4 
     of title II of the Immigration and Nationality Act (8 U.S.C. 
     1221 et seq.).
       ``(b) Defined Term.--In this section and in section 243(d) 
     of the Immigration and Nationality Act (8 U.S.C. 1253(d)), a 
     country is deemed to have refused or unreasonable delayed the 
     acceptance of an alien who is a citizen, subject, national, 
     or resident if the country does not accept the alien within 
     90 days after receiving a request to repatriate such alien 
     from an official of the United States who is authorized to 
     make such a request.
       ``(c) Quarterly Reports.--Not later than 90 days after the 
     date of the enactment of this section, and every 3 months 
     thereafter, the Secretary of Homeland Security shall submit a 
     report to the Senate and to the House of Representatives 
     that--
       ``(1) lists all the countries which refuse or unreasonably 
     delay repatriation (as defined in subsection (b)); and
       ``(2) includes the total number of aliens who were refused 
     repatriation, organized by--
       ``(A) country;
       ``(B) detention status; and
       ``(C) criminal status.
       ``(d) Issuance of Travel Documents.--Any country that is 
     listed in a report submitted under subsection (c) shall be 
     subject to the sanctions described in subsection (a) and in 
     section 243(d) of the Immigration and Nationality Act unless 
     the country issues appropriate travel documents--
       ``(1) not later than 100 days after the submission of such 
     report on behalf of all aliens described in subsection (a) 
     who have been convicted of a crime committed while in the 
     United States; and
       ``(2) not later than 200 days after the submission of such 
     report on behalf of all other aliens described in subsection 
     (a).
       ``(e) Waiver.--
       ``(1) Request.--The President or a member of the 
     President's cabinet who has been designated by the President, 
     may submit a written request to Congress that this section be 
     waived, wholly or in part, with respect to any country.
       ``(2) Resolution of approval.--Not later than 7 legislative 
     days after the receipt of a waiver request under paragraph 
     (1), the Senate and the House of Representatives shall vote 
     on a joint resolution authorizing the waiver request.
       ``(3) Effect of failure to vote.--If the Senate or the 
     House of Representatives fails to vote on the joint 
     resolution described in paragraph (2) before the end of the 
     time period specified in paragraph (2), the waiver request is 
     effectively denied.
       ``(f) Standing.--A victim or an immediate family member of 
     a victim of a crime committed by any alien described in 
     subsection (a) after such alien has been issued a final order 
     of removal shall have standing to sue in any Federal district 
     court to enforce the provisions of this section and the 
     provisions of section 243(d) of the Immigration and 
     Nationality Act. No attorney's fees or monetary judgments may 
     be awarded in a suit filed under this subsection.''.
       (c) Discontinuing Granting Visas to Nationals of Country 
     Denying or Delaying Accepting Aliens.--Section 243(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1253(d)) is amended 
     to read as follows:
       ``(d) Discontinuing Granting Visas to Nationals of Country 
     Denying or Delaying Accepting Aliens.--
       ``(1) In general.--If a country is listed on the most 
     recent report submitted by the Secretary of Homeland Security 
     to Congress under section 137(c) of the Foreign Assistance 
     Act of 1961, the Secretary may not issue a visa to a subject, 
     national, or resident of such country unless--
       ``(A) the country is in full compliance with section 137(d) 
     of such Act; or
       ``(B) Congress passes a joint resolution providing for the 
     waiver of this subsection with respect to such country.
       ``(2) Effect of unauthorized issuance.--Any visa issued in 
     violation of this paragraph shall be null and void.
       ``(3) Waiver.--
       ``(A) Request.--The President or a member of the 
     President's cabinet who has been designated by the President, 
     may submit a written request to Congress that this subsection 
     be waived, wholly or in part, with respect to any country.
       ``(B) Resolution of approval.--Not later than 7 legislative 
     days after the receipt of a request described in subparagraph 
     (A), the Senate and the House of Representatives shall vote 
     on a joint resolution authorizing the waiver request.
       ``(C) Effect of failure to vote.--If the Senate or the 
     House of Representatives fails to vote on the joint 
     resolution described in subparagraph (B), the waiver request 
     is effectively denied.
       ``(4) Standing.--A victim or an immediate family member of 
     a victim of a crime committed by any alien described in 
     section 137(a) of the Foreign Assistance Act of 1961 after 
     such alien has been issued a final order of removal shall 
     have standing to sue in any Federal district court to enforce 
     the provisions of this subsection. No attorney's fees or 
     monetary judgments may be awarded in a suit filed under this 
     subsection.''.
                                 ______
                                 
  SA 5455. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. OIL SAVINGS.

       (a) Findings.--Congress finds that--
       (1) the United States imports more oil from the Middle East 
     today than before the attacks on the United States on 
     September 11, 2001;
       (2) the United States remains the most oil-dependent 
     industrialized nation in the world, consuming approximately 
     25 percent of the oil supply of the world;
       (3) the Department of Defense is the largest consumer of 
     oil in the United States;
       (4) the ongoing dependence of the United States on foreign 
     oil is one of the greatest threats to the national security 
     and economy of the United States; and
       (5) the United States needs to take transformative steps to 
     wean itself from its addiction to oil.
       (b) Policy on Reducing Oil Dependence.--It is the policy of 
     the United States to reduce the dependence of the United 
     States on oil, and thereby--
       (1) alleviate the strategic dependence of the United States 
     on oil-producing countries;
       (2) reduce the economic vulnerability of the United States; 
     and
       (3) reduce the greenhouse gas emissions associated with oil 
     use.
       (c) Oil Savings Report.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act and every 3 years thereafter, the 
     Secretary of Defense shall submit to Congress a report on 
     options for agency action that, when taken together, would 
     save from the baseline determined under paragraph (4)--

[[Page S8428]]

       (A) 8 percent of the oil consumed by the Department of 
     Defense per day on average during calendar year 2016;
       (B) 35 percent of the oil consumed by the Department of 
     Defense per day on average during calendar year 2026; and
       (C) 50 percent of the oil consumed by the Department of 
     Defense per day on average during calendar year 2030.
       (2) Contents.--Each report shall--
       (A) include a description of the advantages and 
     disadvantages (including implications for national security) 
     for each option; and
       (B) not include options for an alternative or synthetic 
     fuel if the lifecycle greenhouse gas emissions associated 
     with the production and combustion of the fuel is greater 
     than the emissions from the equivalent quantity of 
     conventional fuel produced from conventional petroleum 
     sources.
       (3) Additional legislative authority.--Each report may 
     include a request to Congress for any additional legislative 
     authority that is necessary to implement any recommendations 
     made in the report.
       (4) Baseline.--In performing the analyses required for the 
     report, the Secretary of Defense (in consultation with the 
     Energy Information Administration) shall--
       (A) determine oil savings as the projected reduction in oil 
     consumption from baseline consumption by the Department of 
     Defense as established by the reference case contained in the 
     report of the Energy Information Administration entitled 
     ``Annual Energy Outlook 2008'';
       (B) determine the oil savings projections required on an 
     annual basis for each of calendar years 2009 through 2030; 
     and
       (C) account for any overlap among implementation actions to 
     ensure that the projected oil savings from all the 
     recommendations, taken together, are as accurate as 
     practicable.
       (d) Annual Report on Oil Savings Measures.--Not later than 
     1 year after the date of initial oil savings report under 
     subsection (c) and annually thereafter, the Secretary of 
     Defense shall submit to Congress a report that describes and 
     evaluates the oil savings measures that the Department of 
     Defense has implemented during the prior year.
       (e) Relationship to Other Laws.--Nothing in this section 
     affects the authority provided or responsibility delegated 
     under any other law.
                                 ______
                                 
  SA 5456. Mr. REID (for himself and Mr. Ensign) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 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 years, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 344. RECOMMENDATIONS FOR MITIGATING THE IMPACT OF ENERGY 
                   TECHNOLOGIES ON MILITARY ACTIVITIES OR 
                   READINESS.

       (a) Advisory Committee for Recommendations.--
       (1) Requirement.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish within the Department of Defense an advisory 
     committee to make recommendations to the Secretary for the 
     mitigation of adverse impacts of energy technologies 
     (including petroleum, natural gas, oil shale, tar sands, wind 
     energy, solar energy, geothermal energy, or biomass energy 
     projects) on military training, operations, activities, or 
     readiness.
       (2) Members.--The advisory committee shall be composed of 
     such individuals as the Secretary shall designate for 
     purposes of this section, including individuals with an 
     expertise in each of the energy technologies and their 
     interaction with military training, operation, activities and 
     readiness.
       (b) Development of Recommendations.--
       (1) In general.--Not later than 90 days after the date of 
     the establishment of the advisory committee required under 
     subsection (a), the advisory committee shall develop and 
     submit to the Secretary such recommendations as the advisory 
     committee considers appropriate under that subsection.
       (2) Consultation.--In developing recommendations under 
     paragraph (1), the advisory committee shall consult with such 
     technical experts, interested parties, representatives of 
     energy industries, other Federal agencies, and members of the 
     public as the advisory committee considers appropriate.
       (c) Designation of Official.--Not later than 90 days after 
     the receipt under subsection (b) of the recommendations 
     required under that subsection, the Secretary shall assign to 
     an official within the Department of Defense the 
     responsibility for advising officials of the Department, 
     agencies of the Federal government and State governments, and 
     private sector entities on steps that should be taken to 
     mitigate any adverse impacts of energy technologies or 
     projects on military training, operations, activities, or 
     readiness.
       (d) Report.--The Secretary shall submit to Congress a 
     report setting forth the findings and recommendations of the 
     advisory committee. The report shall include the following:
       (1) A comprehensive description of the recommendations made 
     by the advisory committee.
       (2) The official assigned the responsibility for providing 
     advice in accordance with subsection (c).
                                 ______
                                 
  SA 5457. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

             TITLE XVII--VETERANS MEDICAL FACILITY MATTERS

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Captain James A. Lovell 
     Federal Health Care Center Act of 2008''.

     SEC. 1702. TRANSFER OF PROPERTY.

       (a) Transfer.--
       (1) Transfer authorized.--Upon the conclusion of a 
     resource-sharing agreement between the Secretary of Defense 
     and the Secretary of Veterans Affairs providing for the joint 
     use by the Department of Defense and the Department of 
     Veterans Affairs of a facility and supporting facilities in 
     North Chicago, Illinois, and Great Lakes, Illinois, and for 
     joint use of related medical personal property and equipment, 
     the Secretary of Defense may transfer, without reimbursement, 
     to the Department of Veterans Affairs the Navy ambulatory 
     care center (on which construction commenced in July 2008), 
     parking structure, and supporting facilities, and related 
     medical personal property and equipment, located in Great 
     Lakes, Illinois.
       (2) Designation of joint use facility.--The facility and 
     supporting facilities subject to joint use under the 
     agreement and transfer under this subsection shall be 
     designated as known as the ``Captain James A. Lovell Federal 
     Health Care Center''.
       (b) Reversion.--
       (1) In general.--If any of the real and related personal 
     property transferred pursuant to subsection (a) is 
     subsequently used for purposes other than the purposes 
     specified in the joint use specified in the resource-sharing 
     agreement described in that subsection or otherwise 
     determined by the Secretary of Veterans Affairs to be excess 
     to the needs of the Department of Veterans Affairs, the 
     Secretary of Veterans Affairs shall offer to transfer such 
     property, without reimbursement, to the Secretary of Defense. 
     Any such transfer shall be completed not later than one year 
     after the acceptance of the offer of transfer.
       (2) Reversion in event of lack of facilities integration.--
       (A) Within initial period.--During the 5-year period 
     beginning on the date of the transfer of the real and related 
     personal property described in subsection (a), if the 
     Secretary of Veterans Affairs and the Secretary of Defense 
     jointly determine that the integration of the facilities 
     described in that subsection should not continue, the real 
     and related personal property of the Navy ambulatory care 
     center, parking structure, and support facilities described 
     in that subsection shall be transferred, without 
     reimbursement, to the Secretary of Defense. Such transfer 
     shall occur not later than 180 days after the date of such 
     determination by the Secretaries.
       (B) After initial period.--After the end of the 5-year 
     period described in subparagraph (A), if either the Secretary 
     of Veterans Affairs or the Secretary of Defense determines 
     that the integration of the facilities described in 
     subsection (a) should not continue, the Secretary of Veterans 
     Affairs shall transfer, without reimbursement, to the 
     Secretary of Defense the real and related personal property 
     described in paragraph (1). Such transfer shall occur not 
     later than one year after the date of the determination by 
     the Secretary concerned.

     SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT 
                   OF DEFENSE.

       (a) Authorization for Transfer of Functions.--
       (1) In general.--The Secretary of Defense may transfer to 
     the Department of Veterans Affairs, and the Secretary of 
     Veterans Affairs may accept from the Department of Defense, 
     functions necessary for the effective operation of the 
     Captain James A. Lovell Federal Health Care Center.
       (2) Treatment of transfers.--Any transfer of functions 
     under this subsection is a transfer of functions within the 
     meaning of section 3503 of title 5, United States Code.
       (b) Terms of Agreement.--
       (1) Resource-sharing agreement.--Any transfer of functions 
     under subsection (a) shall be effectuated in a resource-
     sharing agreement between the Secretary of Defense and the 
     Secretary of Veterans Affairs.
       (2) Elements.--Notwithstanding any other provision of law, 
     including but not limited to any provisions of title 5, 
     United States Code, relating to transfers of function or 
     reductions-in-force, the agreement described in paragraph (1) 
     shall be controlling and may make provision for--
       (A) the transfer of civilian employee positions of the 
     Department of Defense identified in the agreement to the 
     Department of Veterans Affairs and of the incumbent civilian 
     employees in such positions;

[[Page S8429]]

       (B) the transition of transferred employees to pay, 
     benefits, and personnel systems of the Department of Veterans 
     Affairs in a manner which will not result in any reduction of 
     pay, grade, or employment progression of any employee or any 
     change in employment status for employees who have already 
     successfully completed or are in the process of completing a 
     one-year probationary period under title 5, United States 
     Code;
       (C) the establishment of integrated seniority lists and 
     other personnel management provisions that recognize an 
     employee's experience and training so as to provide 
     comparable recognition of employees previously with the 
     Department of Veterans Affairs and employees newly 
     transferred to such Department; and
       (D) such other matters relating to civilian personnel 
     management as the Secretary of Defense and the Secretary of 
     Veterans Affairs consider appropriate.
       (c) Preservation of Authority.--Notwithstanding subsections 
     (a) and (b), nothing in this section shall be construed as 
     limiting the authority of the Secretary of Defense to 
     establish civilian employee positions in the Department of 
     Defense and utilize all civilian personnel authorities 
     otherwise available to the Secretary if the Secretary 
     determines that such actions are necessary and appropriate to 
     meet mission requirements of the Department of Defense.

     SEC. 1704. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND.

       (a) Ten-Year Extension of Authority for Joint Incentives 
     Program.--Paragraph (3) of section 8111(d) of title 38, 
     United States Code, is amended by striking ``2010'' and 
     inserting ``2020''.
       (b) Funding of Maintenance and Minor Construction From the 
     Joint Incentive Fund.--Paragraph (2) of such section is 
     amended by adding at the end the following new sentence: 
     ``Such purposes shall include real property maintenance and 
     minor construction projects that are not required to be 
     specifically authorized by law under section 8104 of this 
     title and section 2805 of title 10.''.

     SEC. 1705. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE 
                   CAPTAIN JAMES A. LOVELL FEDERAL HEALTH CARE 
                   CENTER.

       (a) In General.--For purposes of eligibility for health 
     care under chapter 55 of title 10, United States Code, the 
     Captain James A. Lovell Federal Health Care Center authorized 
     by this title may be deemed to be a facility of the uniformed 
     services to the extent provided in an agreement between the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     under subsection (b).
       (b) Elements of Agreement.--Subsection (a) may be 
     implemented through an agreement between the Secretary of 
     Veterans Affairs and the Secretary of Defense. The agreement 
     may--
       (1) establish an integrated priority list for access to 
     available care at the facility described in subsection (a), 
     integrating the respective priority lists of the Secretaries, 
     taking into account categories of beneficiaries, enrollment 
     program status, and such other factors as the Secretaries 
     determine appropriate;
       (2) incorporate any resource-related limitations for access 
     to care at that facility established by the Secretary of 
     Defense for purposes of administering space-available 
     eligibility for care in facilities of the uniformed services 
     under chapter 55 of title 10, United States Code;
       (3) allocate financial responsibility for care provided at 
     that facility for individuals who are eligible for care under 
     both title 38, United States Code, and chapter 55 of title 
     10, United States Code; and
       (4) waive the applicability to that facility of any 
     provision of section 8111(e) of title 38, United States Code, 
     as specified by the Secretaries.
                                 ______
                                 
  SA 5458. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 VII, add the following:

     SEC. 714. REQUIREMENT FOR PROVISION OF MEDICAL AND DENTAL 
                   SCREENING FOR READY RESERVE MEMBERS ALERTED FOR 
                   MOBILIZATION.

       Section 1074a (f)(1) of title 10, United States Code, is 
     amended by striking ``may provide'' and inserting ``shall 
     provide''.
                                 ______
                                 
  SA 5459. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 152. AC-130 GUNSHIPS.

       (a) Report on Reduction in Service Life in Connection With 
     Accelerated Deployment.--Not later than December 31, 2008, 
     the Secretary of the Air Force shall submit to the 
     congressional defense committees an assessment of the 
     reduction in the service life of AC-130 gunships of the Air 
     Force as a result of the accelerated deployments of such 
     gunships that are anticipated during the seven- to ten-year 
     period beginning with the date of the enactment of this Act, 
     assuming that operating tempo continues at a rate per year of 
     the average of their operating rate for the last five years.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimate by series of the maintenance costs for the 
     AC-130 gunships during the period described in subsection 
     (a), including any major airframe and engine overhauls of 
     such aircraft anticipated during that period.
       (2) A description by series of the age, serviceability, and 
     capabilities of the armament systems of the AC-130 gunships.
       (3) An estimate by series of the costs of modernizing the 
     armament systems of the AC-130 gunships to achieve any 
     necessary capability improvements.
       (4) A description by series of the age and capabilities of 
     the electronic warfare systems of the AC-130 gunships, and an 
     estimate of the cost of upgrading such systems during that 
     period to achieve any necessary capability improvements.
       (5) A description by series of the age of the avionics 
     systems of the AC-130 gunships, and an estimate of the cost 
     of upgrading such systems during that period to achieve any 
     necessary capability improvements.
       (6) An estimate of the costs of replacing the AC-130 
     gunships with AC-130J gunships, including--
       (A) a description of the time required for the replacement 
     of every AC-130 gunship with an AC-130J gunship; and
       (B) a comparative analysis of the costs of operation of AC-
     130 gunships by series, including costs of operation, 
     maintenance, and personnel, with the anticipated costs of 
     operation of AC-130J gunships.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 5460. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 XXXI, add the following:

     SEC. 3116. STUDY ON SURVEILLANCE OF THE NUCLEAR WEAPONS 
                   STOCKPILE.

       (a) Study.--
       (1) In general.--The Administrator for Nuclear Security 
     shall enter into a contract with the private scientific 
     advisory group known as JASON to conduct an independent 
     technical study of the efforts of the National Nuclear 
     Security Administration to monitor the aging of, and to 
     detect defects related to aging in, nuclear weapons 
     components and materials that could affect the reliability of 
     nuclear weapons currently in the nuclear weapons stockpile.
       (2) Availability of information.--The Administrator shall 
     make available to JASON all information necessary to complete 
     the study on a timely basis.
       (b) Elements.--The study required under subsection (a) 
     shall include an assessment of the following:
       (1) The ability of the National Nuclear Security 
     Administration to monitor and measure the effects of aging 
     on, and defects relating to aging in, nuclear weapons 
     components and materials, other than plutonium pits, that 
     could affect the reliability of nuclear weapons in the 
     nuclear weapons stockpile.
       (2) Available methods for addressing such effects.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Administrator for Nuclear 
     Security shall submit to the congressional defense committees 
     a report containing--
       (A) the findings of the study; and
       (B) recommendations for improving efforts within the 
     Directed Stockpile Work Program, the Science Campaign, and 
     the Engineering Campaign of the National Nuclear Security 
     Administration to monitor the effects of aging on, and to 
     detect defects related to aging in, the nuclear weapons 
     stockpile between fiscal year 2009 and fiscal year 2014.
       (2) Form of report.--The report required under paragraph 
     (1) shall be submitted in an unclassified form, but may 
     include a classified annex.
                                 ______
                                 
  SA 5461. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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

[[Page S8430]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 72, after line 20, add the following:

     SEC. 314. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS 
                   REGARDING DEPARTMENT OF DEFENSE ENERGY 
                   EFFICIENCY PROGRAMS.

       Section 317(e) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1054) is 
     amended to read as follows:
       ``(e) Reporting Requirements.--
       ``(1) In general.--Not later than January 1, 2002, and each 
     January 1 thereafter through 2013, the Secretary shall submit 
     to the congressional defense a report regarding progress made 
     toward achieving the energy efficiency goals of the 
     Department of Defense, consistent with the provisions of 
     section 303 of Executive Order 13123 (64 Fed. Reg. 30851; 42 
     U.S.C. 8521 note) and section 11(b) of Executive Order 13423 
     (72 Fed. Reg. 3919; 42 U.S.C. 4321 note).
       ``(2) Reports submitted after january 1, 2008.--Each report 
     required under paragraph (1) that is submitted after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2009 shall include the following:
       ``(A) A description of steps taken to ensure that facility 
     and installation management goals are consistent with current 
     legislative and other requirements, including applicable 
     requirements under the Energy Independence and Security Act 
     of 2007 (Public Law 110-140).
       ``(B) A description of steps taken to determine best 
     practices for measuring energy consumption in Department of 
     Defense facilities and installations in order to use the data 
     for better energy management.
       ``(C) A description of steps taken to comply with 
     requirements of the Energy Independence and Security Act of 
     2007, including new design and construction requirements for 
     buildings.
       ``(D) A description of steps taken to comply with section 
     533 of the National Energy Conservation Policy Act (42 U.S.C. 
     8259b), requiring the General Services Administration and the 
     Defense Logistics Agency to supply Energy Star and Federal 
     Energy Management Program (FEMP) designated products to its 
     Department of Defense customers.
       ``(E) A description of steps taken to ensure the use of 
     Energy Star and FEMP designated products at military 
     installations in government or contract maintenance 
     activities.
       ``(F) A description of steps taken to comply with standards 
     required for projects built using appropriated funds and 
     established by the Energy Independence and Security Act of 
     2007 for privatized construction projects, whether 
     residential, administrative, or industrial.
       ``(G) A classified annex that provides--
       ``(i) a systematic assessment of the risk of extended 
     commercial power outage to critical installations;
       ``(ii) details on the investment strategy of the Department 
     of Defense to reduce risks to acceptable levels based on 
     application of Integrated Risk Management principals; and
       ``(iii) risk reduction solutions that emphasize the use of 
     clean renewable energy sources and higher energy 
     efficiency.''.
                                 ______
                                 
  SA 5462. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1041. CONSIDERATION OF ADVISORY MISSIONS BY THE 
                   DEPARTMENT OF DEFENSE IN SUPPORT OF UNITED 
                   STATES EFFORTS TO BUILD PARTNER CAPACITY IN THE 
                   2009 QUADRENNIAL DEFENSE REVIEW.

       (a) In General.--In conducting the quadrennial defense 
     review required in 2009 by section 118 of title 10, United 
     States Code, the Secretary of Defense shall assess the 
     following:
       (1) The advisability of advisory missions by the Department 
     of Defense in support of United States efforts to build 
     partner capacity, including advisory missions as follows:
       (A) Combat advisory missions to train ground forces and air 
     forces of partner countries.
       (B) Advisory missions to the defense ministries of partner 
     countries.
       (2) The forces, whether general purposes forces or special 
     operations forces, that are the most effective means of 
     undertaking the future advisory missions of the Department as 
     described in paragraph (1).
       (3) The modifications in the force structure necessary to 
     ensure the continued effectiveness of the advisory missions 
     of the Department as described in paragraph (1).
       (b) Submittal to Congress.--The quadrennial defense review 
     required to be submitted to Congress under section 118(d) of 
     title 10, United States Code, in 2010 shall include a 
     separate discussion of the results of the assessment required 
     by subsection (a).
                                 ______
                                 
  SA 5463. Mr. SPECTER (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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:

              TITLE _--FREE SPEECH PROTECTION ACT OF 2008

     SEC. 01. SHORT TITLE.

       This title may be cited as the ``Free Speech Protection Act 
     of 2008''.

     SEC. 02. FINDINGS.

       Congress finds the following:
       (1) The freedom of speech and the press is enshrined in the 
     first amendment to the Constitution of the United States.
       (2) Free speech, the free exchange of information, and the 
     free expression of ideas and opinions are essential to the 
     functioning of representative democracy in the United States.
       (3) The free expression and publication by journalists, 
     academics, commentators, experts, and others of the 
     information they uncover and develop through research and 
     study is essential to the formation of sound public policy 
     and thus to the security of the people of the United States.
       (4) The first amendment jurisprudence of the Supreme Court 
     of the United States, articulated in such precedents as New 
     York Times v. Sullivan (376 U.S. 254 (1964)), and its 
     progeny, reflects the fundamental value that the people of 
     the United States place on promoting the free exchange of 
     ideas and information, requiring in cases involving public 
     figures a demonstration of actual malice, that is, that 
     allegedly defamatory, libelous, or slanderous statements 
     about public figures are not merely false but made with 
     knowledge of that falsity or with reckless disregard of their 
     truth or falsity.
       (5) Some persons are obstructing the free expression rights 
     of United States persons, and the vital interest of the 
     people of the United States in receiving information on 
     matters of public importance, by first seeking out foreign 
     jurisdictions that do not provide the full extent of free-
     speech protection that is fundamental in the United States 
     and then suing United States persons in such jurisdictions in 
     defamation actions based on speech uttered or published in 
     the United States, speech that is fully protected under first 
     amendment jurisprudence in the United States and the laws of 
     the several States and the District of Columbia.
       (6) Some of these actions are intended not only to suppress 
     the free speech rights of journalists, academics, 
     commentators, experts, and other individuals but to 
     intimidate publishers and other organizations that might 
     otherwise disseminate or support the work of those 
     individuals with the threat of prohibitive foreign lawsuits, 
     litigation expenses, and judgments that provide for money 
     damages and other speech-suppressing relief.
       (7) The governments and courts of some foreign countries 
     have failed to curtail this practice, permitting lawsuits 
     filed by persons who are often not citizens of those 
     countries, under circumstances where there is often little or 
     no basis for jurisdiction over the United States persons 
     against whom such suits are brought.
       (8) Some of the plaintiffs bringing such suits are 
     intentionally and strategically refraining from filing their 
     suits in the United States, even though the speech at issue 
     was published in the United States, in order to avoid the 
     Supreme Court's first amendment jurisprudence and frustrate 
     the protections it affords United States persons.
       (9) The United States persons against whom such suits are 
     brought must consequently endure the prohibitive expense, 
     inconvenience, and anxiety attendant to being sued in foreign 
     courts for conduct that is protected under the first 
     amendment, or decline to answer such suits and risk the entry 
     of costly default judgments that may be executed in countries 
     other than the United States where those individuals travel 
     or own property.
       (10) Journalists, academics, commentators, experts, and 
     others subjected to such suits are suffering concrete and 
     profound financial and professional damage for engaging in 
     conduct that is protected under the Constitution of the 
     United States and essential to informing the people of the 
     United States, their representatives, and other policymakers.
       (11) In turn, the people of the United States are suffering 
     concrete and profound harm because they, their 
     representatives, and other government policymakers rely on 
     the free expression of information, ideas, and opinions 
     developed by responsible journalists, academics, 
     commentators, experts, and others for the formulation of 
     sound public policy, including national security policy.
       (12) The United States respects the sovereign right of 
     other countries to enact their own laws regarding speech, and 
     seeks only to protect the first amendment rights of the 
     people of the United States in connection with speech that 
     occurs, in whole or in part, in the United States.

     SEC. 03. FEDERAL CAUSE OF ACTION.

       (a) Cause of Action.--Any United States person against whom 
     a lawsuit is brought in a foreign country for defamation on 
     the basis of the content of any writing, utterance, or other 
     speech by that person that has been

[[Page S8431]]

     published, uttered, or otherwise disseminated in the United 
     States may bring an action in a United States district court 
     specified in subsection (f) against any person who, or entity 
     which, serves or causes to be served, in the United States, 
     any documents in connection with such foreign lawsuit, if the 
     writing, utterance, or other speech at issue in the foreign 
     lawsuit does not constitute defamation under United States 
     law.
       (b) Jurisdiction.--It shall be sufficient to establish 
     jurisdiction over the person or entity serving or causing to 
     be served documents in connection with the foreign lawsuit 
     described in subsection (a) that--
       (1) such person or entity has served or caused to be 
     served, any documents in connection with the foreign lawsuit 
     described in subsection (a) on a United States person in the 
     United States; and
       (2) such United States person has assets in the United 
     States against which the claimant in the foreign lawsuit 
     could execute if a judgment in the foreign lawsuit were 
     awarded.
       (c) Remedies.--
       (1) Order to bar enforcement and other injunctive relief.--
     In a cause of action described in subsection (a), if the 
     court determines that the applicable writing, utterance, or 
     other speech at issue in the underlying foreign lawsuit does 
     not constitute defamation under United States law, the court 
     shall order that any foreign judgment in the foreign lawsuit 
     in question may not be enforced in the United States, 
     including by any Federal, State, or local court, and may 
     order such other injunctive relief that the court considers 
     appropriate to protect the right to free speech under the 
     first amendment to the Constitution of the United States.
       (2) Damages.--In addition to the remedy under paragraph 
     (1), damages may be awarded to the United States person 
     bringing the action under subsection (a), based on the 
     following:
       (A) The amount of any foreign judgment in the underlying 
     foreign lawsuit.
       (B) The costs, including reasonable legal fees, 
     attributable to the underlying foreign lawsuit that have been 
     borne by the United States person.
       (C) The harm caused to the United States person due to 
     decreased opportunities to publish, conduct research, or 
     generate funding.
       (d) Treble Damages.--If, in an action brought under 
     subsection (a), the court or, if applicable, the jury 
     determines by a preponderance of the evidence that the person 
     or entity bringing the foreign lawsuit which gave rise to the 
     cause of action intentionally engaged in a scheme to suppress 
     rights under the first amendment to the Constitution of the 
     United States by discouraging publishers or other media from 
     publishing, or discouraging employers, contractors, donors, 
     sponsors, or similar financial supporters from employing, 
     retaining, or supporting, the research, writing, or other 
     speech of a journalist, academic, commentator, expert, or 
     other individual, the court may award treble damages.
       (e) Expedited Discovery.--Upon the filing of an action 
     under subsection (a), the court may order expedited discovery 
     if the court determines, based on the allegations in the 
     complaint, that the speech at issue in the underlying foreign 
     lawsuit is protected under the first amendment to the 
     Constitution of the United States.
       (f) Venue.--An action under subsection (a) may be brought 
     by a United States person only in a United States district 
     court in which the United States person is domiciled, does 
     business, or owns real property that could be executed 
     against in satisfaction of a judgment in the underlying 
     foreign lawsuit which gave rise to the action.
       (g) Timing of Action; Statute of Limitations.--
       (1) Timing.--An action under subsection (a) may be 
     commenced after the filing of the foreign lawsuit in a 
     foreign country on which the action is based.
       (2) Statute of limitations.--For purposes of section 
     1658(a) of title 28, United States Code, the cause of action 
     under subsection (a) accrues on the first date on which 
     papers in connection with the foreign lawsuit described in 
     section (a), on which the cause of action is based, are 
     served on a United States person in the United States.

     SEC. 04. APPLICABILITY.

       This title applies with respect to any foreign lawsuit that 
     is described in section 3(a) in connection with papers that 
     were served before, on, or after the date of the enactment of 
     this title.

     SEC. 05. CONSTRUCTION.

       Nothing in this title limits the right of foreign litigants 
     who bring good faith defamation actions to prevail against 
     journalists, academics, commentators, and others who have 
     failed to adhere to standards of professionalism by 
     publishing false information maliciously or recklessly.

     SEC. 06. DEFINITIONS.

       In this title:
       (1) Defamation.--The term ``defamation'' means any action 
     or other proceeding for defamation, libel, slander, or 
     similar claim alleging that forms of speech are false, have 
     caused damage to reputation or emotional distress, have 
     presented a person or persons in a negative light, or have 
     resulted in criticism or condemnation of a person or persons.
       (2) Foreign country.--The term ``foreign country'' means 
     any country other than the United States.
       (3) Foreign judgment.--The term ``foreign judgment'' means 
     any judgment of a foreign country, including the court system 
     or an agency of a foreign country, that grants or denies any 
     form of relief, including injunctive relief and monetary 
     damages, in a defamation action.
       (4) Foreign lawsuit.--The term ``foreign lawsuit'' includes 
     any other hearing or proceeding in or before any court, grand 
     jury, department, office, agency, commission, regulatory 
     body, legislative committee, or other authority of a foreign 
     country or political subdivision thereof.
       (5) United states.--The term ``United States'' means the 
     several States, the District of Columbia, and any 
     commonwealth, territory, or possession of the United States.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen;
       (B) an alien lawfully admitted for permanent residence to 
     the United States;
       (C) an alien lawfully residing in the United States at the 
     time that the speech that is the subject of the foreign 
     defamation suit or proceeding was researched, prepared, or 
     disseminated; or
       (D) a business entity incorporated in, or with its primary 
     location or place of operation in, the United States.
                                 ______
                                 
  SA 5464. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 72, after line 20, add the following:

     SEC. 314. STUDY AND EVALUATION OF POLICIES CONCERNING THE RE-
                   USE, RE-REFINING, OR RECYCLING OF USED FUELS 
                   AND LUBRICATING OILS.

       (a) Study and Evaluation.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     reviewing the policies and programs of the Department of 
     Defense concerning the re-use, re-refining, or recycling of 
     used fuels and lubricating oils for the purpose of 
     identifying cost-savings, energy conservation, and 
     environmental benefits.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) an evaluation of the existing closed loop recycling 
     process offered through the Defense Supply Center Richmond, 
     Virginia;
       (2) an assessment of existing programs at the military 
     installation level;
       (3) an identification of what regulatory or other barriers 
     may exist that constrain the ability of the Department of 
     Defense to re-use, re-refine, or recycle used fuels and 
     lubricating oils; and
       (4) an estimate of projected cost-savings, energy 
     conservation, and environmental benefits through these 
     Department of Defense programs.
                                 ______
                                 
  SA 5465. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1222. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.

       (a) In General.--Subject to subsection (c), the Secretary 
     of Homeland Security, or, notwithstanding any other provision 
     of law, the Secretary of State in consultation with the 
     Secretary of Homeland Security, may provide an alien 
     described in paragraph (1), (2), or (3) of subsection (b) 
     with the status of a special immigrant under section 
     101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), if the alien--
       (1) or an agent acting on behalf of the alien, submits a 
     petition 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;
       (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)); and
       (4) clears a background check and appropriate screening, as 
     determined by the Secretary of Homeland Security.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     paragraph if the alien--
       (A) is a citizen or national of Afghanistan;
       (B) was or is employed by or on behalf of the United States 
     Government in Afghanistan on or after October 7, 2001, for 
     not less than one year;
       (C) provided faithful and valuable service to the United 
     States Government, which is documented in a positive 
     recommendation or evaluation, subject to paragraph (4), from 
     the employee's senior supervisor or the person currently 
     occupying that position, or a more senior person, if the 
     employee's senior supervisor has left the employer or has 
     left Afghanistan; and

[[Page S8432]]

       (D) has experienced or is experiencing an ongoing serious 
     threat as a consequence of the alien's employment by the 
     United States Government.
       (2) Spouses and children.--An alien is described in this 
     paragraph if the alien--
       (A) is the spouse or child of a principal alien described 
     in paragraph (1); and
       (B) is accompanying or following to join the principal 
     alien in the United States.
       (3) Treatment of surviving spouse or child.--An alien is 
     described in this paragraph if the alien--
       (A) was the spouse or child of a principal alien described 
     in paragraph (1) who had a petition for classification 
     approved pursuant to this section or section 1059 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 8 U.S.C. 1101 note), which included the 
     alien as an accompanying spouse or child; and
       (B) due to the death of the principal alien--
       (i) such petition was revoked or terminate (or otherwise 
     rendered null); and
       (ii) such petition would have been approved if the 
     principal alien had survived.
       (4) Approval by chief of mission required.--A 
     recommendation or evaluation required under paragraph (1)(C) 
     shall be accompanied by approval from the Chief of Mission, 
     or the designee of the Chief of Mission, who shall conduct a 
     risk assessment of the alien and an independent review of 
     records maintained by the United States Government or hiring 
     organization or entity to confirm employment and faithful and 
     valuable service to the United States Government prior to 
     approval of a petition under this section.
       (c) Numerical Limitations.--
       (1) In general.--Except as provided in paragraph (3), the 
     total number of principal aliens who may be provided special 
     immigrant status under this section may not exceed 1500 per 
     year for each fiscal year 2009, 2010, 2011, 2012, or 2013.
       (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) Carry forward.--
       (A) Fiscal years 2009 through 2013.--If the numerical 
     limitation specified in paragraph (1) is not reached during a 
     given fiscal year referred to in such paragraph, with respect 
     to fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical 
     limitation specified in such paragraph for the following 
     fiscal year shall be increased by a number equal to the 
     difference between--
       (i) the numerical limitation specified in paragraph (1) for 
     the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant status under this section during the given fiscal 
     year.
       (B) Fiscal year 2014.--If the numerical limitation 
     determined under subparagraph (A) is not reached in fiscal 
     year 2013, the total number of principal aliens who may be 
     provided special immigrant status under this section for 
     fiscal year 2014 shall be equal to the difference between--
       (i) the numerical limitation determined under subparagraph 
     (A) for fiscal year 2013; and
       (ii) the number of principal aliens provided such status 
     under this section during fiscal year 2013.
       (d) Visa and Passport Issuance and Fees.--Neither the 
     Secretary of State nor the Secretary of Homeland Security may 
     charge an alien described in paragraph (1), (2), or (3) of 
     subsection (b) any fee in connection with an application for, 
     or issuance of, a special immigrant visa. The Secretary of 
     State shall make a reasonable effort to ensure that aliens 
     described in this section who are issued special immigrant 
     visas are provided with the appropriate series Afghan 
     passport necessary to enter the United States.
       (e) Protection of Aliens.--The Secretary of State, in 
     consultation with the heads of other relevant Federal 
     agencies, shall make a reasonable effort to provide an alien 
     described in this section who is applying for a special 
     immigrant visa with protection or the immediate removal from 
     Afghanistan, if possible, of such alien if the Secretary 
     determines after consultation that such alien is in imminent 
     danger.
       (f) Eligibility for Admission Under Other Classification.--
     No alien shall be denied the opportunity to apply for 
     admission under this section solely because such alien 
     qualifies as an immediate relative or is eligible for any 
     other immigrant classification.
       (g) Resettlement Support.--Afghan aliens granted special 
     immigrant status described in section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall 
     be eligible for resettlement assistance, entitlement 
     programs, and other benefits available to refugees admitted 
     under section 207 of such Act (8 U.S.C. 1157) for a period 
     not to exceed 8 months.
       (h) Adjustment of Status.--Notwithstanding paragraphs (2), 
     (7), or (8) of subsection (c) of section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), the 
     Secretary of Homeland Security may adjust the status of an 
     alien described in subsection (b) to that of an alien 
     lawfully admitted for permanent residence under subsection 
     (a) of such section 245 if the alien--
       (1) was paroled or admitted as a nonimmigrant into the 
     United States; and
       (2) is otherwise eligible for special immigrant status 
     under this section and under the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.)).
       (i) Rule of Construction.--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; 8 
     U.S.C. 1101 note).
       (j) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State and the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Defense, shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report on the implementation 
     of this section.
       (2) Content.--The report required by paragraph (1) shall 
     address steps taken, and additional administrative measures 
     that may be needed, to ensure program integrity and national 
     security.
       (3) Administrative measures.--The Secretary of State and 
     the Secretary of Homeland Security shall implement such 
     additional administrative measures identified in the report 
     as the they may deem necessary and appropriate to ensure 
     program integrity and national security.
                                 ______
                                 
  SA 5466. Mr. SCHUMER (for himself, Mr. Martinez, Mr. Menendez, Mrs. 
Clinton, and Mr. Nelson of Florida) submitted an amendment intended to 
be proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 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. __. PROHIBITION ON DISCRIMINATION IN LIFE INSURANCE.

       (a) In General.--Notwithstanding any other provision of law 
     and except as provided in subsection (b), an insurer shall 
     not--
       (1) refuse to issue a policy to an individual;
       (2) refuse to continue in effect the policy of an insured;
       (3) limit or decrease the amount of coverage, extent of 
     coverage, or type of coverage available under a policy to an 
     individual; or
       (4) require the payment of an additional amount as premiums 
     for an insured under a policy (except increases in premiums 
     in individual term insurance based upon age);
     based on the lawful travel experiences of the individual or 
     insured.
       (b) Exception.--
       (1) In general.--Subsection (a) shall not apply if, with 
     respect to the individual or insured involved, the insurer 
     determines that--
       (A) the risk of loss for the individual or insured because 
     of travel to a specified destination at a specified time is 
     reasonably anticipated to be greater than if the individual 
     or insured did not travel to that destination at that time; 
     and
       (B) the risk classification referred to in subparagraph (A) 
     is based on sound actuarial principles and actual or 
     reasonably anticipated experience.
       (2) Determinations.--An insurer shall be deemed to meet the 
     requirements of paragraph (1) if the action involved was 
     taken by the insurer based on--
       (A) the issuance by the Director of the Centers for Disease 
     Control and Prevention of the highest level of alert or 
     warning with respect to the travel destination involved, 
     including a recommendation against non-essential travel to 
     such destination, due to a serious health-related condition; 
     or
       (B) the existence of an ongoing armed conflict involving 
     the military of a sovereign nation foreign to the country of 
     conflict.
       (c) Definitions.--In this section:
       (1) Insured.--The term ``insured'' means an individual 
     whose life is insured under a policy.
       (2) Insurer.--The term ``insurer'' includes any firm, 
     corporation, partnership, association, or business that is 
     chartered or authorized to provide insurance and issue 
     contracts or policies by the laws of a State or the United 
     States.
       (3) Policy.--The term ``policy'' means any individual 
     contract for whole, endowment, universal, or term life 
     insurance, including any benefit in the nature of such 
     insurance arising out of membership in any fraternal or 
     beneficial association.
       (4) Premium.--The term ``premium'' means the amount 
     specified in an insurance policy to be paid to keep the 
     policy in force.
                                 ______
                                 
  SA 5467. Mr. INHOFE (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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 75, between lines 6 and 7, insert the following:

[[Page S8433]]

     SEC. 323. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL 
                   FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES 
                   WITH NON-ARMY ENTITIES.

       (a) Clarification of Authority to Enter Into Cooperative 
     Agreements.--The second sentence of section 4544(a) of title 
     10, United States Code, as added by section 328(a)(1) of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 66), is amended by inserting 
     after ``not more than eight contracts or cooperative 
     agreements'' the following: ``in addition to the contracts 
     and cooperative agreements in place as of the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181)''.
       (b) Additional Elements Required for Analysis of Use of 
     Authority.--Section 328(b)(2) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 67) is amended--
       (1) by striking ``a report assessing the advisability'' and 
     inserting the following: ``a report--
       ``(A) assessing the advisability''; and
       (2) by striking ``pursuant to such authority.'' and 
     inserting the following: ``pursuant to such authority;
       ``(B) assessing the benefit to the Federal Government of 
     using such authority;
       ``(C) assessing the impact of the use of such authority on 
     the availability of facilities needed by the Army and on the 
     private sector; and
       ``(D) describing the steps taken to comply with the 
     requirements under section 4544(g) of title 10, United States 
     Code.''.
                                 ______
                                 
  SA 5468. Mr. INHOFE (for himself, Mr. Crapo, and Mr. Craig) submitted 
an amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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 3104 and insert the following:

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 2009 
     for defense nuclear waste disposal for payment to the Nuclear 
     Waste Fund established in section 302(c) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
     $247,371,000.
       (b) Offset.--The amount authorized to be appropriated by 
     this division (other than the amount authorized to be 
     appropriated for defense nuclear waste disposal) is hereby 
     reduced by $50,000,000, with the amount of the reduction to 
     be allocated among the accounts for which funds are 
     authorized to be appropriated by this division in a manner 
     specified by the Secretary of Energy.
                                 ______
                                 
  SA 5469. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1068. SENSE OF SENATE ON CARE FOR WOUNDED WARRIORS.

       (a) Findings.--The Senate makes the following findings:
       (1) The Wounded Warrior Act (title XVI of Public Law 110-
     181) established a comprehensive policy on improvements to 
     care, management, and transition of recovering service 
     members.
       (2) This policy included guidance on Training and Skills of 
     Health Care Professionals, Recovery Care Coordinators, 
     Medical Care Case Managers, and Non-Medical Care Managers for 
     Recovering Service Members.
       (3) The Department of Veterans Affairs currently has eight 
     fully trained Recovery Care Coordinators in the field serving 
     123 wounded warriors with an additional two Recovery Care 
     Coordinators in training and additional applicants being 
     considered.
       (4) The requirement for Recovery Care Coordinators and 
     Medical Care Case Managers continues to exceed the current 
     availability of these personnel within the Department of 
     Veterans Affairs and Department of Defense.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of Veterans Affairs and Department of Defense 
     should--
       (1) aggressively recruit, hire, and train individuals as 
     Recovery Care Coordinators, Medical Care Case Managers, and 
     Non-Medical Care Managers for Recovering Service Members;
       (2) establish partnerships between Department of Defense 
     medical facilities and Department of Veterans Affairs medical 
     facilities, on the one hand, and public and private 
     institutions of higher education, on the other hand, to 
     assist in training medical care case management personnel 
     needed to support returning wounded and ill service members;
       (3) work closely with public and private institutions of 
     higher education to ensure the most current care management 
     techniques and evidence-based guidelines are incorporated 
     into training programs for Health Care Professionals, 
     Recovery Care Coordinators, Medical Care Case Managers, and 
     Non-Medical Care Managers; and
       (4) ensure the availability of the services of Recovery 
     Care Coordinators, Medical Care Case Managers, and Non-
     Medical Care Managers to any wounded and disabled recovering 
     service members, who need or desire such services.
                                 ______
                                 
  SA 5470. Mr. KERRY (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 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 240, between lines 6 and 7, insert the following:

                   Subtitle G--SBIR and STTR Programs

     SEC. 861. DEFINITIONS.

       In this subtitle--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the terms ``extramural budget'', ``Federal agency'', 
     ``Small Business Innovation Research Program'', ``SBIR'', 
     ``Small Business Technology Transfer Program'', and ``STTR'' 
     have the meanings given such terms in section 9 of the Small 
     Business Act (15 U.S.C. 638); and
       (3) the term ``small business concern'' has the same 
     meaning as under section 3 of the Small Business Act (15 
     U.S.C. 632).

         PART I--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS

     SEC. 871. EXTENSION OF TERMINATION DATES.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended by striking ``2008'' and inserting 
     ``2022''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``2009'' and 
     inserting ``2023''.

     SEC. 872. STATUS OF THE OFFICE OF TECHNOLOGY.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) 
     is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and'';
       (3) by redesignating paragraph (8) as paragraph (9); and
       (4) by adding at the end the following:
       ``(10) to maintain an Office of Technology--
       ``(A) to carry out its responsibilities under this section, 
     headed by the Assistant Administrator for Technology, who 
     shall report directly to the Administrator; and
       ``(B) which shall be independent from the Office of 
     Government Contracting and sufficiently staffed and funded to 
     comply with the oversight, reporting, and public database 
     responsibilities assigned to the Office of Technology by the 
     Administrator.''.

     SEC. 873. SBIR CAP INCREASE.

       Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) 
     is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``and'' at the end; 
     and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) not less than 2.5 percent of such budget in fiscal 
     year 2009;
       ``(D) not less than 2.6 percent of such budget in fiscal 
     year 2010;
       ``(E) not less than 2.7 percent of such budget in fiscal 
     year 2011;
       ``(F) not less than 2.8 percent of such budget in fiscal 
     year 2012;
       ``(G) not less than 2.9 percent of such budget in fiscal 
     year 2013;
       ``(H) not less than 3.0 percent of such budget in fiscal 
     year 2014;
       ``(I) not less than 3.1 percent of such budget in fiscal 
     year 2015;
       ``(J) not less than 3.2 percent of such budget in fiscal 
     year 2016;
       ``(K) not less than 3.3 percent of such budget in fiscal 
     year 2017;
       ``(L) not less than 3.4 percent of such budget in fiscal 
     year 2018; and
       ``(M) not less than 3.5 percent of such budget in fiscal 
     year 2019 and each fiscal year thereafter,''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (B) by striking ``A Federal agency'' and inserting the 
     following:
       ``(A) In general.--A Federal agency''; and
       (C) by adding at the end the following:
       ``(B) Department of defense and department of energy.--For 
     the Department of Defense and the Department of Energy, to 
     the greatest extent practicable, the increased percentage of 
     expenditures required under subparagraphs (D) through (M) of 
     paragraph (1) shall not be used for new Phase I or Phase II 
     awards and shall be used for activities that further the 
     technology readiness levels of technologies being developed 
     under Phase II awards, including to conduct testing and 
     evaluation, in order to promote the transition of such 
     technologies into commercial or

[[Page S8434]]

     defense products or systems furthering the mission needs of 
     the Department of Defense or the Department of Energy, as the 
     case may be.
       ``(C) Department of health and human services.--
     Subparagraphs (D) through (M) of paragraph (1) shall not 
     apply to the Department of Health and Human Services. For 
     fiscal year 2009, and each fiscal year thereafter, the 
     Department of Health and Human Services shall expend with 
     small business concerns not less than 2.5 percent of the 
     extramural budget for research or research and development of 
     the department of Health and Human Services.''.

     SEC. 874. STTR CAP INCREASE.

       Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 
     638(n)(1)(B)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking ``thereafter.'' and 
     inserting ``through fiscal year 2009;''; and
       (3) by adding at the end the following:
       ``(iii) 0.4 percent for fiscal years 2010 and 2011;
       ``(iv) 0.5 percent for fiscal years 2012 and 2013; and
       ``(v) 0.6 percent for fiscal year 2014 and each fiscal year 
     thereafter.''.

     SEC. 875. SBIR AND STTR AWARD LEVELS.

       (a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small 
     Business Act (15 U.S.C. 638(j)(2)(D)) is amended--
       (1) by striking ``$100,000'' and inserting ``$150,000''; 
     and
       (2) by striking ``$750,000'' and inserting ``$1,000,000''.
       (b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small 
     Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended--
       (1) by striking ``$100,000'' and inserting ``$150,000''; 
     and
       (2) by striking ``$750,000'' and inserting ``$1,000,000''.
       (c) Triennial Adjustments.--Section 9 of the Small Business 
     Act (15 U.S.C. 638) is amended--
       (1) in subsection (j)(2)(D)--
       (A) by striking ``5 years'' and inserting ``3 years''; and
       (B) by striking ``and programmatic considerations''; and
       (2) in subsection (p)(2)(B)(ix) by striking ``greater or 
     lesser amounts to be awarded at the discretion of the 
     awarding agency,'' and inserting ``and an adjustment for 
     inflation of such amounts once every 3 years,''.
       (d) Limitation on Certain Awards.--Section 9 of the Small 
     Business Act (15 U.S.C. 638) is amended by adding at the end 
     the following:
       ``(aa) Limitation on Certain Awards.--No Federal agency may 
     issue an award under the SBIR program or the STTR program if 
     the size of the award exceeds the award guidelines 
     established under this section by more than 50 percent. 
     Participating agencies shall maintain information on awards 
     exceeding the guidelines, including award amounts, 
     justification for exceeding the amount, identities and 
     locations of recipients, whether a recipient has received 
     venture capital investment and, if so, if the recipient is 
     majority-owned and controlled by multiple venture capital 
     companies, and the Administration shall include such 
     information in its annual report to Congress.''.

     SEC. 876. AGENCY AND PROGRAM COLLABORATION.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(bb) Subsequent Phases.--
       ``(1) Agency collaboration.--A small business concern that 
     received an award from a Federal agency under this section 
     shall be eligible to receive an award for a subsequent phase 
     from another Federal agency, if the head of each relevant 
     Federal agency or its component makes a written determination 
     that the topics of the relevant awards are the same and both 
     agencies report the awards to the Administration for 
     inclusion in the public database under subsection (k).
       ``(2) SBIR and sttr collaboration.--A small business 
     concern which received an award under this section under the 
     SBIR program or the STTR program may receive an award under 
     this section for a subsequent phase in either the SBIR 
     program or the STTR program and the participating agency or 
     agencies shall report the awards to the Administration for 
     inclusion in the public database under subsection (k).''.

     SEC. 877. ELIMINATION OF PHASE II INVITATIONS.

       Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) 
     is amended--
       (1) in paragraph (4)(B), by striking ``to further'' and 
     inserting: ``not encumbered by any invitation, pre-screening, 
     pre-selection, or down-selection process between the first 
     phase and the second phase that will further''; and
       (2) in paragraph (6)(B), by striking ``to further develop 
     proposed ideas to'' and inserting ``not encumbered by any 
     invitation, pre-screening, pre-selection, or down-selection 
     process between the first phase and the second phase that 
     will further develop proposals which''.

     SEC. 878. MAJORITY-VENTURE INVESTMENTS IN SBIR FIRMS.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(cc) Majority-Venture Investments in SBIR Firms.--
       ``(1) Authority and determination.--
       ``(A) In general.--Upon a written determination provided 
     not later than 30 days in advance to the Administrator and to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives--
       ``(i) the head of the SBIR program of the National 
     Institutes of Health may award not more than 18 percent of 
     the SBIR funds of the National Institutes of Health allocated 
     in accordance with this Act, in the first full fiscal year 
     beginning after the date of enactment of this subsection, and 
     each fiscal year thereafter, to small business concerns that 
     are owned in majority part by venture capital companies and 
     that satisfy the qualification requirements under paragraph 
     (2) through competitive, merit-based procedures that are open 
     to all eligible small business concerns; and
       ``(ii) the head of any other Federal agency participating 
     in the SBIR program may award not more than 8 percent of the 
     SBIR funds of the Federal agency allocated in accordance with 
     this Act, in the first full fiscal year beginning after the 
     date of enactment of this subsection, and each fiscal year 
     thereafter, to small business concerns that are owned in 
     majority part by venture capital companies and that satisfy 
     the qualification requirements under paragraph (2) through 
     competitive, merit-based procedures that are open to all 
     eligible small business concerns.
       ``(B) Determination.--A written determination under 
     subparagraph (A) shall demonstrate that the use of the 
     authority under that subparagraph will induce additional 
     venture capital funding of small business innovations, 
     substantially contribute to the mission of the funding 
     Federal agency, demonstrate a need for public research, and 
     otherwise fulfill the capital needs of small business 
     concerns for additional financing for the SBIR project.
       ``(2) Qualification requirements.--The Administrator shall 
     establish requirements relating to the affiliation by small 
     business concerns with venture capital companies, which may 
     not exclude a United States small business concern from 
     participation in the program under paragraph (1) on the basis 
     that the small business concern is owned in majority part by, 
     or controlled by, more than 1 United States venture capital 
     company, so long as no single venture capital company owns 
     more than 49 percent of the small business concern.
       ``(3) Registration.--Any small business concern that is 
     majority owned and controlled by multiple venture capital 
     companies and qualified for participation in the program 
     authorized under paragraph (1) shall--
       ``(A) register with the Administrator on the date that the 
     small business concern submits an application for an award 
     under the SBIR program; and
       ``(B) indicate whether the small business concern is 
     registered under subparagraph (A) in any SBIR proposal.
       ``(4) Compliance.--A Federal agency described in paragraph 
     (1) shall collect data regarding the number and dollar 
     amounts of phase I, phase II, and all other categories of 
     awards under the SBIR program, and the Administrator shall 
     report on the data and the compliance of each such Federal 
     agency with the maximum amounts under paragraph (1) as part 
     of the annual report by the Administration under subsection 
     (b)(7).
       ``(5) Enforcement.--If a Federal agency awards more than 
     the amount authorized under paragraph (1) for a purpose 
     described in paragraph (1), the amount awarded in excess of 
     the amount authorized under paragraph (1) shall be 
     transferred to the funds for general SBIR programs from the 
     non-SBIR research and development funds of the Federal agency 
     within 60 days of the date on which the Federal agency 
     awarded more than the amount authorized under paragraph (1) 
     for a purpose described in paragraph (1).''.
       (b) Technical and Conforming Amendment.--Section 3 of the 
     Small Business Act (15 U.S.C. 632) is amended by adding at 
     the end the following:
       ``(t) Venture Capital Company.--In this Act, the term 
     `venture capital company' means an entity described in clause 
     (i), (v), or (vi) of section 121.103(b) of title 13, Code of 
     Federal Regulations (or any successor thereto).''.
       (c) Assistance for Determining Affiliates.--Not later than 
     30 days after the date of enactment of this Act, the 
     Administrator shall post on the website of the Administration 
     (with a direct link displayed on the homepage of the website 
     of the Administration or the SBIR website of the 
     Administration)--
       (1) a clear explanation of the SBIR affiliation rules under 
     part 121 of title 13, Code of Federal Regulations; and
       (2) contact information for officers or employees of the 
     Administration who--
       (A) upon request, shall review an issue relating to the 
     rules described in paragraph (1); and
       (B) shall respond to a request under subparagraph (A) not 
     later than 20 business days after the date on which the 
     request is received.

     SEC. 879. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.

       Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) 
     is amended by adding at the end the following:
       ``(4) Phase iii awards.--Congress intends that, to the 
     greatest extent practicable, Federal agencies and Federal 
     prime contractors shall issue Phase III awards, including 
     sole

[[Page S8435]]

     source awards, to the SBIR and STTR award recipients that 
     developed the technology.''.

     SEC. 879A. COLLABORATING WITH FEDERAL LABORATORIES AND 
                   RESEARCH AND DEVELOPMENT CENTERS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(dd) Collaborating With Federal Laboratories and Research 
     and Development Centers.--
       ``(1) Authorization.--Subject to the limitations under this 
     section, the head of each participating Federal agency may 
     issue SBIR and STTR awards to any eligible small business 
     concern that--
       ``(A) intends to enter into an agreement with a Federal 
     laboratory or federally funded research and development 
     center for portions of the activities to be performed under 
     that award; or
       ``(B) has entered into a cooperative research and 
     development agreement (as defined in section 12(d) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d))) with a Federal laboratory.
       ``(2) Prohibition.--No Federal agency shall--
       ``(A) condition a SBIR or STTR award upon entering into 
     agreement with any Federal laboratory or any federally funded 
     laboratory or research and development center for any portion 
     of the activities to be performed under that award;
       ``(B) approve an agreement between a small business concern 
     receiving a SBIR or STTR award and a Federal laboratory or 
     federally funded laboratory or research and development 
     center, if the small business concern performs a lesser 
     portion of the activities to be performed under that award 
     than required by this section and by the SBIR and STTR Policy 
     Directives; or
       ``(C) approve an agreement that violates any provision, 
     including any data rights protections provision, of this 
     section or the SBIR and the STTR Policy Directives.
       ``(3) Implementation.--Not later than 180 days after the 
     date of enactment of this subsection, the Administrator shall 
     modify the SBIR Policy Directive and the STTR Policy 
     Directive issued under this section to ensure that small 
     business concerns--
       ``(A) have the flexibility to use the resources of the 
     Federal laboratories and federally funded research and 
     development centers; and
       ``(B) are not mandated to enter into agreement with any 
     Federal laboratory or any federally funded laboratory or 
     research and development center as a condition of an 
     award.''.

     SEC. 879B. NOTICE REQUIREMENT.

       The head of any Federal agency involved in a case or 
     controversy before any Federal judicial or administrative 
     tribunal concerning the SBIR program or the STTR program 
     shall provide timely notice, as determined by the 
     Administrator, of the case or controversy to the 
     Administrator.

          PART II--OUTREACH AND COMMERCIALIZATION INITIATIVES

     SEC. 881. RURAL AND STATE OUTREACH.

       (a) Outreach.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended by inserting after subsection (r) the 
     following:
       ``(s) Outreach.--
       ``(1) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State--
       ``(A) if the total value of contracts awarded to the State 
     under this section during the most recent fiscal year for 
     which data is available was less than $5,000,000; and
       ``(B) that certifies to the Administration described in 
     paragraph (2) that the State will, upon receipt of assistance 
     under this subsection, provide matching funds from non-
     Federal sources in an amount that is not less than 50 percent 
     of the amount provided under this subsection.
       ``(2) Program authority.--Of amounts made available to 
     carry out this section for each of the fiscal years 2000 
     through 2014, the Administrator may expend with eligible 
     States not more than $5,000,000 in each such fiscal year in 
     order to increase the participation of small business 
     concerns located in those States in the programs under this 
     section.
       ``(3) Amount of assistance.--The amount of assistance 
     provided to an eligible State under this subsection in any 
     fiscal year--
       ``(A) shall be equal to not more than 50 percent of the 
     total amount of matching funds from non-Federal sources 
     provided by the State; and
       ``(B) shall not exceed $100,000.
       ``(4) Use of assistance.--Assistance provided to an 
     eligible State under this subsection shall be used by the 
     State, in consultation with State and local departments and 
     agencies, for programs and activities to increase the 
     participation of small business concerns located in the State 
     in the programs under this section, including--
       ``(A) the establishment of quantifiable performance goals, 
     including goals relating to
       ``(i) the number of program awards under this section made 
     to small business concerns in the State; and
       ``(ii) the total amount of Federal research and development 
     contracts awarded to small business concerns in the State;
       ``(B) the provision of competition outreach support to 
     small business concerns in the State that are involved in 
     research and development;
       ``(C) the development and dissemination of educational and 
     promotional information relating to the programs under this 
     section to small business concerns in the State; and
       ``(D) the establishment of initiatives to reach out to 
     women and minorities with the goal of increasing their 
     involvement in the SBIR and STTR programs.''.
       (b) Federal and State Program Extension.--Section 34 of the 
     Small Business Act(15 U.S.C. 657d) is amended--
       (1) in subsection (h), by striking ``2001 through 2005'' 
     each place it appears and inserting ``2009 through 2014''; 
     and
       (2) in subsection (i), by striking ``2005'' and inserting 
     ``2014''.
       (c) Rural Areas.--Section 34(e)(2) of the Small Business 
     Act (15 U.S.C. 657d(e)(2)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Rural areas.--
       ``(i) In general.--Except as provided in clause (ii), the 
     non-Federal share of the cost of the activity carried out 
     using an award or under a cooperative agreement under this 
     section shall be 50 cents for each Federal dollar that will 
     be directly allocated by a recipient described in paragraph 
     (A) to serve small business concerns located in a rural area.
       ``(ii) Enhanced rural awards.--For a recipient located in a 
     rural area that is located in a State described in 
     subparagraph (A)(i), the non-Federal share of the cost of the 
     activity carried out using an award or under a cooperative 
     agreement under this section shall be 35 cents for each 
     Federal dollar that will be directly allocated by a recipient 
     described in paragraph (A) to serve small business concerns 
     located in the rural area.
       ``(iii) Definition of rural area.--In this subparagraph, 
     the term `rural area' has the meaning given that term in 
     section 1393(a)(2)) of the Internal Revenue Code of 1986.''.

     SEC. 882. SBIR-STEM WORKFORCE DEVELOPMENT GRANT PILOT 
                   PROGRAM.

       (a) Pilot Program Established.--From amounts made available 
     to carry out this section, the Administrator shall establish 
     a SBIR-STEM Workforce Development Grant Pilot Program to 
     encourage the business community to provide workforce 
     development opportunities for college students, in the fields 
     of science, technology, engineering, and math (in this 
     section referred to as ``STEM college students''), by 
     providing a SBIR bonus grant.
       (b) Eligible Entities Defined.--In this section the term 
     ``eligible entity'' means a grantee receiving a grant under 
     the SBIR Program on the date of the bonus grant under 
     subsection (a) that provides an internship program for STEM 
     college students.
       (c) Awards.--An eligible entity shall receive a bonus grant 
     equal to 10 percent of either a Phase I or Phase II grant, as 
     applicable, with a total award maximum of not more than 
     $10,000 per year.
       (d) Evaluation.--Following the fourth year of funding under 
     this section, the Administrator shall submit a report to 
     Congress on the results of the SBIR-STEM Workforce 
     Development Grant Pilot Program.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $1,000,000 for fiscal year 2010;
       (2) $1,000,000 for fiscal year 2011;
       (3) $1,000,000 for fiscal year 2012;
       (4) $1,000,000 for fiscal year 2013; and
       (5) $1,000,000 for fiscal year 2014.

     SEC. 883. TECHNICAL ASSISTANCE FOR AWARDEES.

       Section 9(q)(3) of the Small Business Act (15 U.S.C. 
     638(q)(3)) is amended--
       (1) in subparagraph (A), by striking ``$4,000'' and 
     inserting ``$5,000'';
       (2) in subparagraph (B)--
       (A) by striking ``with funds available from their SBIR 
     awards'' and inserting ``which shall be in addition to the 
     amount of the recipient's award'';
       (B) by striking ``$4,000'' and inserting ``$5,000''; and
       (C) by striking the period at the end and inserting a 
     semicolon; and
       (3) by adding at the end the following:
       ``(C) Flexibility.--In carrying out subparagraphs (A) and 
     (B), each Federal agency shall provide the allowable amounts 
     to a recipient that meets the eligibility requirements under 
     the applicable subparagraph, if the recipient requests to 
     seek technical assistance from an individual or entity other 
     than the vendor selected under paragraph (2) by the Federal 
     agency.
       ``(D) Limitation.--A Federal agency may not--
       ``(i) use the amounts authorized under subparagraph (A) or 
     (B) unless the vendor selected under paragraph (2) provides 
     the technical assistance to the recipient; or
       ``(ii) enter a contract with a vendor under paragraph (2) 
     under which the amount provided for technical assistance is 
     based on total number of Phase I or Phase II awards.''.

     SEC. 884. COMMERCIALIZATION PILOT PROGRAM AT DEPARTMENT OF 
                   DEFENSE.

       Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) 
     is amended--
       (1) in paragraph (1)--
       (A) by inserting ``or Small Business Technology Transfer 
     Program'' after ``Small Business Innovation Research 
     Program''; and
       (B) by adding at the end the following: ``The authority to 
     create and administer a Commercialization Pilot Program under 
     this

[[Page S8436]]

     subsection may not be construed to eliminate or replace any 
     other SBIR program or STTR program that enhances the 
     insertion or transition of SBIR or STTR technologies, 
     including any such program in effect on the date of enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2006 (Public Law 109-163; 119 Stat. 3136).'';
       (2) in paragraph (2), by inserting ``or Small Business 
     Technology Transfer Program'' after ``Small Business 
     Innovation Research Program'';
       (3) by redesignating paragraphs (5) and (6) as paragraphs 
     (7) and (8), respectively;
       (4) by inserting after paragraph (4) the following:
       ``(5) Insertion incentives.--For any contract with a value 
     of not less than $100,000,000, the Secretary of Defense is 
     authorized to--
       ``(A) establish goals for transitioning Phase III 
     technologies in subcontracting plans; and
       ``(B) require a prime contractor on such a contract to 
     report the number and dollar amount of contracts entered into 
     by that prime contractor for Phase III SBIR or STTR projects.
       ``(6) Goal for sbir and sttr technology insertion.--The 
     Secretary of Defense shall--
       ``(A) set a goal to increase the number of Phase II SBIR 
     contracts and the number of Phase II STTR contracts awarded 
     by that Secretary that lead to technology transition into 
     programs of record or fielded systems;
       ``(B) use incentives in effect on the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2009, 
     or create new incentives, to encourage agency program 
     managers and prime contractors to meet the goal under 
     subparagraph (A); and
       ``(C) include in the annual report to Congress the 
     percentage of contracts described in subparagraph (A) awarded 
     by that Secretary, which shall include information on the 
     ongoing status of projects funded through the 
     Commercialization Pilot Program and efforts to transition 
     these technologies into programs of record or fielded 
     systems.''; and
       (5) in paragraph (8), as so redesignated, by striking 
     ``fiscal year 2009'' and inserting ``fiscal year 2014''.

     SEC. 885. COMMERCIALIZATION PILOT PROGRAM FOR CIVILIAN 
                   AGENCIES.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ee) Pilot Program.--
       ``(1) Authorization.--Except for the Department of Defense, 
     the head of each participating Federal agency may set aside 
     not more than 10 percent of the SBIR and STTR funds of such 
     agency for further technology development, testing, and 
     evaluation of SBIR and STTR Phase II technologies (in this 
     section referred to as a `pilot program').
       ``(2) Requirements.--
       ``(A) In general.--A Federal agency may not establish a 
     pilot program unless such agency makes a written application 
     to the Administrator, not less than 90 days prior to the 
     beginning of the fiscal year in which such pilot program is 
     to be established, based on a compelling reason that 
     additional investment in SBIR or STTR technologies is 
     required due to unusually high regulatory, systems 
     integration, or other costs relating to development or 
     manufacturing of identifiable, highly promising small 
     business technologies or a class of such technologies 
     expected to substantially advance the agency's mission.
       ``(B) Determination.--The Administrator shall--
       ``(i) make a determination regarding an application 
     submitted under subparagraph (A) not later than 30 days 
     before the beginning of the fiscal year for which such 
     application is submitted;
       ``(ii) publish such decision in the Federal Register; and
       ``(iii) make a copy of such decision, and any related 
     materials available to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives.
       ``(C) Maximum amount.--No award under a pilot program may 
     be made in excess of 2 times the dollar amounts generally 
     established for Phase II awards under this section.
       ``(D) Matching.--No award may be made under a pilot program 
     unless new private, Federal non-SBIR, or Federal non-STTR 
     funding which at least matches the award from the Federal 
     agency is dedicated towards SBIR or STTR Phase II technology.
       ``(E) Eligibility.--Awards under a pilot program may be 
     made to any applicant that is eligible to receive a Phase III 
     award related to such SBIR or STTR Phase II technology.
       ``(F) Registration.--Applicants receiving awards under a 
     pilot program shall register with the Administrator in a 
     publicly available registry.
       ``(G) Termination.--The authority to establish a pilot 
     program under this section expires at the end of fiscal year 
     2014.''.

     SEC. 886. NANOTECHNOLOGY INITIATIVE.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(ff) Nanotechnology Initiative.--Each Federal agency 
     participating in the SBIR or STTR program shall encourage the 
     submission of applications for support of nanotechnology 
     related projects to such program.''.
       (b) Sunset.--Effective October 1, 2014, subsection (ff) of 
     the Small Business Act, as added by subsection (a) of this 
     section, is repealed.

     SEC. 887. ACCELERATING CURES.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 44 as section 45; and
       (2) by inserting after section 43 the following:

     ``SEC. 44. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.

       ``(a) NIH Cures Pilot.--
       ``(1) Establishment.--An independent advisory board shall 
     be established at the National Academy of Sciences to conduct 
     periodic evaluations of the SBIR program (as that term is 
     defined in section 9) of all the National Institutes of 
     Health (referred to in this section as the `NIH') institutes 
     and centers for the purpose of improving the management of 
     the SBIR program through data-driven assessment.
       ``(2) Membership.--
       ``(A) In general.--The advisory board shall consist of--
       ``(i) the Director of the NIH, the Director of the SBIR 
     program, senior NIH agency managers, industry experts, and 
     other program stakeholders; and
       ``(ii) awardees under the SBIR program of the NIH.
       ``(B) Equal representation.--The number of members of the 
     advisory board described in clause (i) of subparagraph (A) 
     shall be equal to the number of members of the advisory board 
     described in clause (ii) of subparagraph (A).
       ``(b) Addressing Data Gaps.--In order to enhance the 
     evidence-base guiding SBIR program decisions and changes, the 
     Director of the SBIR program of the NIH shall address the 
     gaps and deficiencies in the data collection concerns 
     identified in the 2007 National Academies of Science's report 
     entitled `An Assessment of the Small Business Innovation 
     Research Program at the NIH'.
       ``(c) Pilot Program.--
       ``(1) In general.--The Director of the SBIR program of the 
     NIH may initiate a pilot program, under a formal mechanism 
     for designing, implementing, and evaluating pilot programs, 
     to spur innovation and to test new strategies that may 
     enhance the development of cures and therapies.
       ``(2) Considerations.--The Director of the SBIR program of 
     the NIH may consider conducting a pilot program to include 
     individuals with successful SBIR program experience in study 
     sections, hiring individuals with small business development 
     experience for staff positions, separating the commercial and 
     scientific review processes, and examining the impact of the 
     trend toward larger awards on the overall program.
       ``(d) Report to Congress.--The Director of the NIH shall 
     submit an annual report to Congress and the independent 
     advisory board described in subsection (a) on the activities 
     of the SBIR program of the NIH under this section.
       ``(e) SBIR Grants and Contracts.--
       ``(1) In general.--In awarding grants and contracts under 
     the SBIR program of the NIH each SBIR program manager shall 
     place an emphasis on applications that identify from the 
     onset products and services that may enhance the development 
     of cures and therapies.
       ``(2) Examination of commercialization and other metrics.--
     The independent advisory board described in subsection (a) 
     shall evaluate the implementation of the requirement under 
     paragraph (1) by examining increased commercialization and 
     other metrics, to be determined and collected by the SBIR 
     program of the NIH.
       ``(3) Phase i and ii.--To the greatest extent practicable, 
     the Director of the SBIR program of the NIH shall reduce the 
     time period between Phase I and Phase II funding of grants 
     and contracts under the SBIR program of the NIH to 6 months.
       ``(f) Limit.--Not more than a total of 1 percent of the 
     extramural budget (as defined in section 9 of the Small 
     Business Act (15 U.S.C. 638)) of the NIH for research or 
     research and development may be used for the pilot programs 
     under subsection (c) and to carry out subsection (e).
       ``(g) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2009.''.

                   PART III--OVERSIGHT AND EVALUATION

     SEC. 891. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), 
     as amended by section 872 of this Act, is amended--
       (1) in paragraph (7)--
       (A) by striking ``STTR programs, including the data'' and 
     inserting the following: ``STTR programs, including--
       ``(A) the data'';
       (B) by striking ``(g)(10), (o)(9), and (o)(15), the 
     number'' and all that follows through ``under each of the 
     SBIR and STTR programs, and a description'' and inserting the 
     following: ``(g)(8) and (o)(9); and
       ``(B) the number of proposals received from, and the number 
     and total amount of awards to, HUBZone small business 
     concerns and firms with venture capital investment (including 
     those majority owned and controlled by multiple venture 
     capital firms) under each of the SBIR and STTR programs;
       ``(C) a description of the extent to which each Federal 
     agency is increasing outreach

[[Page S8437]]

     and awards to firms owned and controlled by women and 
     minorities under each of the SBIR and STTR programs;
       ``(D) general information about the implementation and 
     compliance with the allocation of funds for firms majority 
     owned and controlled by multiple venture capital firms under 
     each of the SBIR and STTR programs;
       ``(E) a detailed description of appeals of Phase III awards 
     and notices of noncompliance with the SBIR and the STTR 
     Policy Directives filed by the Administrator with Federal 
     agencies; and
       ``(F) a description''; and
       (2) by inserting after paragraph (7) the following:
       ``(8) to coordinate the implementation of electronic 
     databases at each of the participating agencies, including 
     the technical ability of the participating agencies to 
     electronically share data;''.

     SEC. 892. DATA COLLECTION FROM AGENCIES FOR SBIR.

       Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) 
     is amended--
       (1) by striking paragraph (10);
       (2) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively;
       (3) by inserting after paragraph (7) the following:
       ``(8) collect, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from awardees as is 
     necessary to assess the SBIR program, including information 
     necessary to maintain the database described in subsection 
     (k), including--
       ``(A) whether an awardee--
       ``(i) has venture capital or is majority owned and 
     controlled by multiple venture capital firms, and, if so--

       ``(I) the amount of venture capital that the awardee has 
     received as of the date of the award; and
       ``(II) the amount of additional capital that the awardee 
     has invested in the SBIR technology, which shall be collected 
     on an annual basis;

       ``(ii) has an investor who--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a minority or has a minority as a 
     principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s); or
       ``(vi) is university faculty or a university student; and
       ``(B) a justification statement from the agency, if an 
     awardee receives an award in an amount that is more than the 
     award guidelines under this section;''; and
       (4) in paragraph (10), as so redesignated, by adding 
     ``and'' at the end.

     SEC. 893. DATA COLLECTION FROM AGENCIES FOR STTR.

       Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) 
     is amended--
       (1) by striking paragraph (9) and inserting the following:
       ``(9) collect, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from applicants and awardees 
     as is necessary to assess the STTR program outputs and 
     outcomes, including information necessary to maintain the 
     database described in subsection (k), including--
       ``(A) whether an applicant or awardee--
       ``(i) has venture capital or is majority owned and 
     controlled by multiple venture capital firms, and, if so--

       ``(I) the amount of venture capital that the applicant or 
     awardee has received as of the date of the application or 
     award, as applicable; and
       ``(II) the amount of additional capital that the applicant 
     or awardee has invested in the SBIR technology, which shall 
     be collected on an annual basis;

       ``(ii) has an investor who--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a minority or has a minority as a 
     principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s); or
       ``(vi) is university faculty or a university student; and
       ``(B) a justification statement from the agency, if an 
     awardee receives an award in an amount that is more than the 
     award guidelines under this section;'';
       (2) in paragraph (14), by adding ``and'' at the end;
       (3) by striking paragraph (15); and
       (4) by redesignating paragraph (16) as paragraph (15).

     SEC. 894. PUBLIC DATABASE.

       Section 9(k)(1) of the Small Business Act (15 U.S.C. 
     638(k)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) for each small business concern that has received a 
     Phase I or Phase II SBIR or STTR award from a Federal agency, 
     whether the small business concern--
       ``(i) has venture capital and, if so, whether the small 
     business concern is registered as majority owned and 
     controlled by multiple venture capital companies as required 
     under subsection (cc)(3);
       ``(ii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iii) is owned by a minority or has a minority as a 
     principal investigator;
       ``(iv) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s); or
       ``(v) is owned by university faculty or a university 
     student.''.

     SEC. 895. GOVERNMENT DATABASE.

       Section 9(k)(2) of the Small Business Act (15 U.S.C. 
     638(k)(2)) is amended--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively;
       (2) by inserting after subparagraph (B) the following:
       ``(C) includes, for each awardee--
       ``(i) the name, size, location, and any identifying number 
     assigned by the Administration;
       ``(ii) whether the awardee has venture capital, and, if 
     so--

       ``(I) the amount of venture capital as of the date of the 
     award;
       ``(II) the percentage of ownership of the awardee held by a 
     venture capital firm, including whether the awardee is 
     majority owned and controlled by multiple venture capital 
     firms; and
       ``(III) the amount of additional capital that the awardee 
     has invested in the SBIR technology, which shall be collected 
     on an annual basis;

       ``(iii) the names and locations of any affiliates of the 
     awardee;
       ``(iv) the number of employees of the awardee;
       ``(v) the number of employees of the affiliates of the 
     awardee; and
       ``(vi) the names and percentage of ownership of the awardee 
     held by--

       ``(I) an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States; 
     or
       ``(II) a person that is not an individual and is not 
     organized under the laws of a State or the United States;''; 
     and

       (3) in subparagraph (D), as so redesignated--
       (A) in clause (ii), by striking ``and'' at the end; and
       (B) by adding at the end, the following:
       ``(iv) whether the applicant was majority owned and 
     controlled by multiple venture capital firms; and
       ``(v) the number of employees of the applicant;''.

     SEC. 896. ACCURACY IN FUNDING BASE CALCULATIONS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       (1) conduct a fiscal and management audit of the SBIR 
     program and the STTR program for the applicable period to 
     determine whether Federal agencies are complying with the 
     allocation requirements of this part and the amendments made 
     by this part;
       (2) assess the extent of compliance with the requirements 
     of subparagraphs (A) and (B) of section 9(i)(2) of the Small 
     Business Act (15 U.S.C. 638(i)(2)) by participating agencies 
     and the Administration;
       (3) assess whether it would be more consistent and 
     effective to base the amount of the allocations under the 
     SBIR program and the STTR program on a percentage of the 
     research and development budget of a Federal agency, rather 
     than the extramural budget of the Federal agency;
       (4) determine the portion of the extramural research or 
     research and development budget of a Federal agency that each 
     Federal agency is spending for administrative purposes 
     relating to the SBIR program or STTR program, and for what 
     specific purposes, including whether and, if so, the portion 
     of such budget the Federal agency is spending for salaries 
     and expenses, travel to visit applicants, outreach events, 
     marketing, and technical assistance; and
       (5) submit a report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives regarding the audit 
     conducted under paragraph (1), the assessments required under 
     paragraphs (2) and (3), and the determination made under 
     paragraph (4).
       (b) Definition of Applicable Period.--In this section, the 
     term ``applicable period'' means--
       (1) for the first report submitted under this section, the 
     period beginning on October 1, 2000, and ending on September 
     30 of the last full fiscal year before the date of enactment 
     of this Act for which information is available; and
       (2) for the second and each subsequent report submitted 
     under this section, the period--
       (A) beginning on October 1 of the first fiscal year after 
     the end of the most recent full fiscal year relating to which 
     a report under this section was submitted; and
       (B) ending on September 30 of the last full fiscal year 
     before the date of the report.

[[Page S8438]]

     SEC. 897. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF 
                   SCIENCES.

       Section 108 of the Small Business Reauthorization Act of 
     2000 (Public Law 106-554; 114 Stat. 2763A-671) is amended by 
     adding at the end the following:
       ``(e) Extensions and Enhancements of Authority.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of the National Defense Authorization Act for 
     Fiscal Year 2009, the head of each agency described in 
     subsection (a), in consultation with the Small Business 
     Administration, shall cooperatively enter into an agreement 
     with the National Academy of Sciences for the National 
     Research Council to conduct a study described in subsection 
     (a)(1) and make recommendations described in subsection 
     (a)(2) not later than 4 years after the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2009, 
     and every 4 years thereafter.
       ``(2) Reporting.--An agreement under paragraph (1) shall 
     require that not later than 4 years after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2009, and every 4 years thereafter, the National 
     Research Council shall submit to the head of the agency 
     entering into the agreement, the Committee on Small Business 
     and Entrepreneurship of the Senate, and the Committee on 
     Small Business of the House of Representatives a report 
     regarding the study conducted under paragraph (1) and 
     containing the recommendations described in paragraph (1).''.

     SEC. 898. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(gg) Phase III Reporting.--The annual SBIR or STTR report 
     to Congress by the Administration under subsection (b)(7) 
     shall include, for each Phase III award by the Federal 
     agency--
       ``(1) the name of the contracting agency;
       ``(2) the identity of the agency or company making the 
     Phase III award;
       ``(3) the identity of the company or individual receiving 
     the Phase III award;
       ``(4) the dollar amount of the Phase III award; and
       ``(5) the Federal agency, or component of a Federal agency, 
     making the Phase III award.''.

     SEC. 898A. INTELLECTUAL PROPERTY PROTECTIONS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the SBIR program to assess 
     whether--
       (1) Federal agencies are adhering to the data rights 
     protections for SBIR awardees and the technologies of SBIR 
     awardees;
       (2) the laws and policy directives intended to clarify the 
     scope of data rights, including in prototypes and mentor-
     protege relationships and agreements with Federal 
     laboratories, are sufficient to protect SBIR awardees; and
       (3) there is an effective grievance tracking process for 
     SBIR awardees who have grievances against a Federal agency 
     regarding data rights and a process for resolving those 
     grievances.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Small Business and Entrepreneurship of 
     the Senate and the Committee on Small Business of the House 
     of Representatives a report regarding the study conducted 
     under subsection (a).

                       PART IV--POLICY DIRECTIVES

     SEC. 899. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR 
                   POLICY DIRECTIVES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     amendments to the SBIR Policy Directive and the STTR Policy 
     Directive to conform such directives to this subtitle and the 
     amendments made by this subtitle.
       (b) Publishing SBIR Policy Directive and the STTR Policy 
     Directive in the Federal Register.--The Administration shall 
     publish the amended SBIR Policy Directive and the amended 
     STTR Policy Directive in the Federal Register.
                                 ______
                                 
  SA 5471. Mr. LAUTENBERG (for himself, Mr. Casey, and Mr. Menendez) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 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 VI, add the following:

     SEC. 620. MONTHLY SPECIAL PAY FOR MEMBERS OF THE UNIFORMED 
                   SERVICES WHOSE SERVICE ON ACTIVE DUTY IS 
                   EXTENDED BY A STOP-LOSS ORDER OR SIMILAR 
                   MECHANISM.

       (a) Pay Required.--
       (1) In general.--Subchapter I of chapter 5 of title 37, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 330a. Special pay: members of the uniformed services 
       whose service on active duty is extended by a stop-loss 
       order or similar mechanism

       ``(a) Special Pay.--A member of the uniformed services 
     entitled to basic pay whose enlistment or period of obligated 
     service is extended, or whose eligibility for retirement is 
     suspended, pursuant to the exercise of an authority referred 
     to in subsection (b) is entitled while on active duty during 
     the period of such extension or suspension to special pay in 
     the amount specified in subsection (c).
       ``(b) Authorities.--An authority referred to in this 
     section is an authority for the extension of an enlistment or 
     period of obligated service, or for suspension of eligibility 
     for retirement, of a member of the uniformed services under a 
     provision of law as follows:
       ``(1) Section 123 of title 10.
       ``(2) Section 12305 of title 10.
       ``(3) Any other provision of law (commonly referred to as a 
     `stop-loss authority') authorizing the President to extend an 
     enlistment or period of obligated service, or suspend an 
     eligibility for retirement, of a member of the uniformed 
     services in time of war or of national emergency declared by 
     Congress or the President.
       ``(c) Monthly Amount.--The amount of special pay specified 
     in this subsection is $200 per month.
       ``(d) Construction With Other Pays.--Special pay payable 
     under this section is in addition to any other pay payable to 
     members of the uniformed services by law.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 330 the following new 
     item:

``330a. Special pay: members of the uniformed services whose service on 
              active duty is extended by a stop-loss order or similar 
              mechanism.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as of October 1, 2001.
                                 ______
                                 
  SA 5472. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. DEMONSTRATION PROJECT ON SERVICE OF RETIRED 
                   MILITARY NURSES AS FACULTY OF CIVILIAN NURSING 
                   SCHOOLS.

       (a) Demonstration Project Authorized.--The Secretary of 
     Defense may conduct a demonstration project to assess the 
     feasability and advisability of encouraging retired military 
     nurses to serve as faculty at civilian nursing schools.
       (b) Eligibility Requirements.--
       (1) Retired military nurses.--An individual is eligible to 
     participate in the demonstration project if the individual--
       (A) is a retired nurse corps officer of an Armed Force;
       (B) has at least 20 years of active service as a 
     commissioned officer in the Armed Forces before retiring from 
     the Armed Forces; and
       (C) possesses a doctoral or master degree in nursing that 
     qualifies the officer to become a full-time faculty member of 
     an accredited school of nursing.
       (2) Civilian nursing schools.--A school of nursing is 
     eligible to participate in the demonstration project if--
       (A) the school is an accredited school of nursing; and
       (B) the school, or its parent institution of higher 
     education--
       (i) is a school of nursing that is accredited to award, at 
     a minimum, a bachelor of science in nursing and provides 
     educational programs leading to such degree;
       (ii) has a resident Senior Reserve Officer Training Corps 
     unit that fulfils the requirements of sections 2101 and 2102 
     of title 10, United States Code;
       (iii) does not prevent access to the Senior Reserve Officer 
     Training Corps or military recruiting on campus in a manner 
     which would lead to a denial of Federal funds under section 
     983 of title 10, United States Code;
       (iv) provides any retired nurse corps officer participating 
     in the demonstration project a salary and other compensation 
     at the level to which other similarly situated faculty 
     members of the accredited school of nursing are entitled, as 
     determined by the Secretary of Defense; and
       (v) agrees to comply with the requirements of subsection 
     (d).
       (c) Employment of Retired Military Nurses.--The Secretary 
     of Defense may authorize a Secretary of a military department 
     to authorize qualified schools of nursing (as described in 
     subsection (b)(2)) to employ as faculty eligible individuals 
     (as described in subsection (b)(1)) who are receiving retired 
     pay, whose qualifications are approved by the Secretary of 
     the military department and the school of nursing, and who 
     request such employment, subject to the following:

[[Page S8439]]

       (1) A retired nurse corps officer so employed is entitled 
     to receive the officer's retired pay without reduction by 
     reason of any additional amount paid to the officer by the 
     school of nursing. In the case of payment of any such 
     additional amount by the school of nursing, the Secretary of 
     the military department concerned may pay the school the 
     amount equal to one-half the amount paid to the retired 
     officer by the institution for any period, up to a maximum of 
     one-half of the difference between the officer's retired pay 
     for that period and the active duty pay and allowances that 
     the officer would have received for that period if on active 
     duty. Payments by the Secretary of the military department 
     concerned under this paragraph shall be made from funds 
     specifically appropriated for that purpose.
       (2) Notwithstanding any other provision of law, a retired 
     nurse corps officer so employed shall not, while so employed, 
     be considered to be on active duty or inactive duty training 
     in the Armed Forces for any purpose.
       (d) Scholarships for Nurse Officer Candidates.--For 
     purposes of the eligibility of an institution under 
     subsection (b)(2)(B)(v), the following requirements apply:
       (1) The school of nursing shall provide full academic 
     scholarships to individuals undertaking an educational 
     program at the school of nursing leading to a bachelor of 
     science in nursing degree who agree, upon completion of such 
     program and subject to such terms and conditions as the 
     Secretary of Defense shall prescribe for purposes of this 
     section, to accept a commission as an officer in the nurse 
     corps of an Armed Force.
       (2) The total number of scholarships provided by a school 
     of nursing under paragraph (1) shall be equivalent to the 
     number of retired nurse corps officers who elect to serve as 
     faculty at the school under the demonstration project.
       (e) Report.--
       (1) In general.--Not later than 24 months after the 
     commencement of the demonstration project, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on the demonstration project.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A description of the demonstration project under this 
     section.
       (B) The current number of retired nurse corps officers who 
     are eligible to participate in the demonstration project.
       (C) The number of retired nurse corps officers 
     participating in the demonstration project.
       (D) The number of schools of nursing participating in the 
     demonstration project.
       (E) The number of scholarships awarded to nurse officer 
     candidates under the demonstration project.
       (F) The number, if any, of nurse officer candidates who 
     participated in the demonstration project who have accessed 
     into the Armed Forces as a commissioned nurse corps officer, 
     and the number, if any, of nurse officer candidates who 
     participated in the demonstration project and did not access 
     into the Armed Forces as a commissioned nurse corps officer.
       (G) The amount, if any, of Federal funds expended on the 
     demonstration project.
       (H) Such recommendations as the Secretary of Defense 
     considers appropriate regarding the extension or expansion of 
     the demonstration project.
       (f) Definitions.--In this section, the terms ``school of 
     nursing'' and ``accredited'' have the meeting given such 
     terms in section 801 of the Public Health Service Act (42 
     U.S.C. 296).
                                 ______
                                 
  SA 5473. Mr. LEVIN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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 360, after line 20, add the following:

     SEC. 1233. REPORTS ON ENHANCING SECURITY AND STABILIZATION IN 
                   THE REGION ALONG THE BORDER OF AFGHANISTAN AND 
                   PAKISTAN.

       (a) Additional Reports Required.--Subsection (a) of section 
     1232 of the National Defense Authorization Act for Fiscal 
     Year 2008 (Public Law 110-181; 122 Stat. 392) is amended--
       (1) in paragraph (1)--
       (A) in the paragraph heading, by striking ``In general'' 
     and inserting ``Initial report''; and
       (B) by inserting after ``the appropriate congressional 
     committees'' the following: ``, the majority leader and 
     minority leader of the Senate, and the Speaker of the House 
     of Representatives and the minority leader of the House of 
     Representatives'';
       (2) by striking paragraph (4);
       (3) by redesignating paragraph (3) as paragraph (4); and
       (4) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Subsequent reports.--Concurrent with the submission 
     of each report submitted under section 1230 after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2009, the Secretary of Defense, in consultation 
     with the Secretary of State, shall submit to the appropriate 
     congressional defense committees, the majority leader and 
     minority leader of the Senate, and the Speaker of the House 
     of Representatives and the minority leader of the House of 
     Representatives a report on enhancing security and stability 
     in the region along the border of Afghanistan and Pakistan. 
     Each such report shall include the following:
       ``(A) A detailed description of the efforts by the 
     Government of Pakistan to achieve the following objectives:
       ``(i) Eliminate safe havens for Taliban, Al Qaeda, and 
     other violent extremist forces on the national territory of 
     Pakistan.
       ``(ii) Prevent the movement of such forces across the 
     border of Pakistan into Afghanistan to engage in insurgent or 
     terrorist activities.
       ``(B) An assessment of the Secretary of Defense as to 
     whether Pakistan is making substantial and sustained efforts 
     to achieve the objectives specified in subparagraph (A).
       ``(C) A description of any peace agreements between the 
     Government of Pakistan and tribal leaders from regions along 
     the Afghanistan-Pakistan border that contain commitments to 
     prevent cross-border incursions into Afghanistan and any 
     mechanisms in such agreements to enforce such commitments.
       ``(D) An assessment of the effectiveness of such peace 
     agreements in preventing cross-border incursions into 
     Pakistan and of the Government of Pakistan in enforcing those 
     agreements.''.
       (b) Extension of Notification Requirement Relating to 
     Department of Defense Coalition Support Funds for Pakistan.--
     Subsection (b)(5) of such section is amended by striking 
     ``September 30, 2009'' and inserting ``September 30, 2010''.
       (c) Submission of Afghanistan Report to Congressional 
     Leadership.--Section 1230(a) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 385) is amended by inserting after ``the 
     appropriate congressional committees'' the following: ``, the 
     majority leader and minority leader of the Senate, and the 
     Speaker of the House of Representatives and the minority 
     leader of the House of Representatives''.
                                 ______
                                 
  SA 5474. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 815. BUY AMERICAN REQUIREMENTS FOR MILK AND POWDERED 
                   MILK PRODUCTS.

       Section 2533a(a) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) Milk or powdered milk products.''.
                                 ______
                                 
  SA 5475. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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, the following:

     SEC. 332. REPORT ON EQUIPPING MILITARY AIRCRAFT WITH LASER-
                   BASED COUNTERMEASURES FOR THE PROTECTION OF 
                   SUCH AIRCRAFT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the plans of the 
     Department of Defense for equipping fixed wing and rotary 
     wing military aircraft with laser-based countermeasures for 
     the protection of such aircraft. The report shall include a 
     description of the plans of the Department to consider 
     technologies other than Advanced Threat Infrared 
     Countermeasure systems to provide a functional, laser-based 
     infrared countermeasure capability for both fixed wing and 
     rotary wing aircraft.
                                 ______
                                 
  SA 5476. Mr. LAUTENBERG (for himself, Mr. Smith, Mr. Inouye, and Mr. 
Stevens) submitted an amendment intended to be proposed by him to the 
bill S. 3001, to authorize appropriations for fiscal year 2009 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:

                 DIVISION     --MARITIME ADMINISTRATION

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Maritime Administration Act for Fiscal Year 2009''.

[[Page S8440]]

       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Adjunct professors at the Merchant Marine Academy.
Sec. 3. Actions to address sexual harassment and violence at the 
              Academy.
Sec. 4. Gifts to the Academy.
Sec. 5. Temporary appointments to the Academy.
Sec. 6. Riding gang member requirements.
Sec. 7. Assistance for small shipyards and maritime communities.
Sec. 8. Student incentive payment program.
Sec. 9. Marine war risk insurance.
Sec. 10. MARAD consultation on Jones Act waivers.
Sec. 11. Vessel traffic risk assessments.
Sec. 12. Small vessel exception from definition of fish processing 
              vessel.
Sec. 13. Transportation in American vessels of government personnel and 
              certain cargoes.
Sec. 14. Exclusion of certain employee benefits for individuals in the 
              recreational marine industry.
Sec. 15. Authorization of appropriations for fiscal year 2009.
Sec. 16. Enforcement of maritime cabotage laws.

     SEC. 2. ADJUNCT PROFESSORS AT THE MERCHANT MARINE ACADEMY.

       (a) In General.--If the Secretary of Transportation 
     determines that there is a temporary need for adjunct 
     professors at the United States Merchant Marine Academy, the 
     Secretary may execute personal service contracts with adjunct 
     professors to meet that need.
       (b) Limitations.--
       (1) Number.--The Secretary may not execute such contracts 
     with more than 25 individuals under subsection (a) to provide 
     service as adjunct professors during any trimester of 
     academic year 2008-2009.
       (2) Contract term.--The Secretary may not execute a 
     personal service contract under subsection (a) for a term 
     that expires later than the end of academic year 2008-2009.
       (c) Sunset.--The authority of the Secretary to execute a 
     personal service contract under subsection (a) shall 
     terminate at the end of academic year 2008-2009.
       (d) Pre-existing Contracts.--An employment contract 
     executed by the Secretary before the date of enactment of 
     this Act for service by an individual as an adjunct professor 
     at the Academy shall be taken into account for purposes of 
     subsection (b)(1) and shall remain in effect until the 
     earlier of--
       ``(1) the end of the period of time for which the services 
     were contracted; or
       ``(2) the end of academic year 2008-2009.
       (e) Report.--If the Secretary executes one or more personal 
     service contracts under subsection (a), the Secretary shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Armed Services, and the Committees on 
     Appropriations of both Houses specifying the specific need 
     for each such contract and the duties that will be performed 
     by each such adjunct professor brought under contract. The 
     report shall be submitted solely by the Secretary and not by 
     any designee on the Secretary's behalf.

     SEC. 3. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT 
                   THE ACADEMY.

       (a) Required Policy.--The Secretary of Transportation shall 
     direct the Superintendent of the United States Merchant 
     Marine Academy to prescribe a policy on sexual harassment and 
     sexual violence applicable to the cadets and other personnel 
     of the Academy.
       (b) Matters To Be Specified in Policy.--The policy on 
     sexual harassment and sexual violence prescribed under this 
     section shall include--
       (1) a program to promote awareness of the incidence of 
     rape, acquaintance rape, and other sexual offenses of a 
     criminal nature that involve cadets or other Academy 
     personnel;
       (2) procedures that a cadet should follow in the case of an 
     occurrence of sexual harassment or sexual violence, 
     including--
       (A) a specification of the person or persons to whom an 
     alleged occurrence of sexual harassment or sexual violence 
     should be reported by a cadet and the options for 
     confidential reporting;
       (B) a specification of any other person whom the victim 
     should contact; and
       (C) procedures on the preservation of evidence potentially 
     necessary for proof of criminal sexual assault;
       (3) a procedure for disciplinary action in cases of alleged 
     criminal sexual assault involving a cadet or other Academy 
     personnel;
       (4) any other sanction authorized to be imposed in a 
     substantiated case of sexual harassment or sexual violence 
     involving a cadet or other Academy personnel in rape, 
     acquaintance rape, or any other criminal sexual offense, 
     whether forcible or nonforcible; and
       (5) required training on the policy for all cadets and 
     other Academy personnel, including the specific training 
     required for personnel who process allegations of sexual 
     harassment or sexual violence involving Academy personnel.
       (c) Annual Assessment.--
       (1) The Secretary shall direct the Superintendent to 
     conduct an assessment at the Academy during each Academy 
     program year, to be administered by the Department of 
     Transportation, to determine the effectiveness of the 
     policies, training, and procedures of the Academy with 
     respect to sexual harassment and sexual violence involving 
     Academy personnel.
       (2) For the assessment at the Academy under paragraph (1) 
     with respect to an Academy program year that begins in an 
     odd-numbered calendar year, the Superintendent shall conduct 
     a survey, to be administered by the Department, of Academy 
     personnel--
       (A) to measure--
       (i) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have been reported to officials of the 
     Academy; and
       (ii) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have not been reported to officials of the 
     Academy; and
       (B) to assess the perceptions of Academy personnel of--
       (i) the policies, training, and procedures on sexual 
     harassment and sexual violence involving Academy personnel;
       (ii) the enforcement of such policies;
       (iii) the incidence of sexual harassment and sexual 
     violence involving Academy personnel; and
       (iv) any other issues relating to sexual harassment and 
     sexual violence involving Academy personnel.
       (d) Annual Report.--
       (1) The Secretary shall direct the Superintendent of the 
     Academy to submit to the Secretary a report on sexual 
     harassment and sexual violence involving cadets or other 
     personnel at the Academy for each Academy program year.
       (2) Each report under paragraph (1) shall include, for the 
     Academy program year covered by the report, the following:
       (A) The number of sexual assaults, rapes, and other sexual 
     offenses involving cadets or other Academy personnel that 
     have been reported to Academy officials during the program 
     year and, of those reported cases, the number that have been 
     substantiated.
       (B) The policies, procedures, and processes implemented by 
     the Superintendent and the leadership of the Academy in 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel during the program year.
       (C) A plan for the actions that are to be taken in the 
     following Academy program year regarding prevention of and 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel.
       (3) Each report under paragraph (1) for an Academy program 
     year that begins in an odd-numbered calendar year shall 
     include the results of the survey conducted in that program 
     year under subsection (c)(2).
       (4)(A) The Superintendent shall transmit to the Secretary, 
     and to the Board of Visitors of the Academy, each report 
     received by the Superintendent under this subsection, 
     together with the Superintendent's comments on the report.
       (B) The Secretary shall transmit each such report, together 
     with the Secretary's comments on the report, to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure.

     SEC. 4. GIFTS TO THE ACADEMY.

       (a) In General.--Chapter 513 of title 46, United States 
     Code, is amended by adding at the end thereof the following:

     `` 51315. Gifts to the Merchant Marine Academy

       ``(a) In General.--The Maritime Administrator may accept 
     and use conditional or unconditional gifts of money or 
     property for the benefit of the United States Merchant Marine 
     Academy, including acceptance and use for non-appropriated 
     fund instrumentalities of the Merchant Marine Academy. The 
     Maritime Administrator may accept a gift of services in 
     carrying out the Administrator's duties and powers. Property 
     accepted under this section and proceeds from that property 
     must be used, as nearly as possible, in accordance with the 
     terms of the gift.
       ``(b) Establishment of Academy Gift Fund.--There is 
     established in the Treasury a fund, to be known as the 
     `Academy Gift Fund'. Disbursements from the Fund shall be 
     made on order of the Maritime Administrator. Unless otherwise 
     specified by the terms of the gift, the Maritime 
     Administrator may use monies in the Fund for appropriated or 
     non-appropriated purposes at the Academy. The Fund consists 
     of--
       ``(1) gifts of money;
       ``(2) income from donated property accepted under this 
     section;
       ``(3) proceeds from the sale of donated property; and
       ``(4) income from securities under subsection (c) of this 
     section;
       ``(c) Investment of Fund Balances.--On request of the 
     Maritime Administrator, the Secretary of the Treasury may 
     invest and reinvest amounts in the Fund in securities of, or 
     in securities the principal and interest of which is 
     guaranteed by, the United States Government.
       ``(d) Disbursement Authority.--There are hereby 
     appropriated from the Fund such sums as may be on deposit, to 
     remain available until expended.''.
       ``(e) Deductability of Gifts.--Gifts accepted under this 
     section are a gift to or for the use of the Government under 
     the Internal Revenue Code of 1986.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     513 of title 46, United

[[Page S8441]]

     States Code, is amended by inserting after the item relating 
     to section 51314 the following:

``51315. Gifts to the Merchant Marine Academy''.

     SEC. 5 TEMPORARY APPOINTMENTS TO THE ACADEMY.

       (a) In General.--Chapter 513 of title 46, United States 
     Code, as amended by section 5 of this division, is further 
     amended by adding at the end thereof the following:

     `` 51316. Temporary appointments to the Academy

       Notwithstanding any other provision of law, the Maritime 
     Administrator may appoint any present employee of the United 
     States Merchant Marine Academy non-appropriated fund 
     instrumentality to a position on the General Schedule of 
     comparable pay. Eligible personnel shall be engaged in work 
     permissibly funded by annual appropriations, and such 
     appointments to the Civil Service shall be without regard to 
     competition, for a term not to exceed 2 years.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     513 of title 46, United States Code, as amended by section 15 
     of this division, is amended by inserting after the item 
     relating to section 51317 the following:

``51316. Temporary appointments to the Academy''.

     SEC. 6. RIDING GANG MEMBER REQUIREMENTS.

       Section 1018 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (120 Stat. 2381) is 
     amended--
       (1) by striking ``requirements'' and all that follows in 
     subsection (a)(1) and inserting ``requirements as provided in 
     section 8106 of title 46, United States Code.'';
       (2) by striking paragraphs (2) and (3) of subsection (a) 
     and redesignating paragraph (4) as paragraph (2);
       (3) by striking ``8106'' in paragraph (2), as redesignated, 
     of subsection (a) and inserting ``2101''; and
       (4) by striking subsection (b)(1) and inserting the 
     following:
       ``(1) In general.--Pursuant to regulations issued by the 
     Secretary of Defense, an individual--
       ``(A) who is aboard a vessel, which is under charter or 
     contract for the carriage of cargo for the Department of 
     Defense, for purposes other than engaging in the operation or 
     maintenance of the vessel, and
       ``(B) who--
       ``(i) accompanies, supervises, guards, or maintains unit 
     equipment aboard a ship, commonly referred to as supercargo 
     personnel,
       ``(ii) is one of the force protection personnel of the 
     vessel,
       ``(iii) is a specialized repair technician, or
       ``(iv) is otherwise required by the Secretary of Defense to 
     be aboard the vessel,
     shall not be deemed a riding gang member for purposes of 
     title 46, United States Code.''.

     SEC. 7. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME 
                   COMMUNITIES.

       (a) In General.--Title 46, United States Code, is amended 
     by inserting the following new chapter after chapter 539:

                      ``CHAPTER 541--MISCELLANEOUS

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

     `` 54101. Assistance for small shipyards and maritime 
       communities

       ``(a) Establishment of Program.--Subject to the 
     availability of appropriations, the Administrator of the 
     Maritime Administration shall execute agreements with 
     shipyards to provide assistance--
       ``(1) in the form of grants, loans, and loan guarantees to 
     small shipyards for capital improvements; and
       ``(2) for maritime training programs to foster technical 
     skills and operational productivity in communities whose 
     economies are related to or dependent upon the maritime 
     industry.
       ``(b) Awards.--In providing assistance under the program, 
     the Administrator shall--
       ``(1) take into account--
       ``(A) the economic circumstances and conditions of maritime 
     communities;
       ``(B) projects that would be effective in fostering 
     efficiency, competitive operations, and quality ship 
     construction, repair, and reconfiguration; and
       ``(C) projects that would be effective in fostering 
     employee skills and enhancing productivity; and
       ``(2) make grants within 120 days after the date of 
     enactment of the appropriations Act for the fiscal year 
     concerned.
       ``(c) Use of Funds.--
       ``(1) In general.--Assistance provided under this section 
     may be used--
       ``(A) to make capital and related improvements in small 
     shipyards located in or near maritime communities;
       ``(B) to provide training for workers in communities whose 
     economies are related to the maritime industry; and
       ``(C) for such other purposes as the Administrator 
     determines to be consistent with and supplemental to such 
     activities.
       ``(2) Administrative costs.--Not more than 2 percent of 
     amounts made available to carry out the program may be used 
     for the necessary costs of grant administration.
       ``(d) Prohibited Uses.--Grants awarded under this section 
     may not be used to construct buildings or other physical 
     facilities or to acquire land unless such use is specifically 
     approved by the Administrator in support of subsection 
     (c)(1)(C).
       ``(e) Matching Requirements; Allocation.--
       ``(1) Federal funding.--Except as provided in paragraph 
     (2), Federal funds for any eligible project under this 
     section shall not exceed 75 percent of the total cost of such 
     project.
       ``(2) Exception.--If the Administrator determines that a 
     proposed project merits support and cannot be undertaken 
     without a higher percentage of Federal financial assistance, 
     the Administrator may award a grant for such project with a 
     lesser matching requirement than is described in paragraph 
     (1).
       ``(3) Allocation of funds.--The Administrator may not award 
     more than 25 percent of the funds appropriated to carry out 
     this section for any fiscal year to any small shipyard in one 
     geographic location that has more than 600 employees.
       ``(f) Applications.--
       ``(1) In general.--To be eligible for assistance under this 
     section, an applicant shall submit an application, in such 
     form, and containing such information and assurances as the 
     Administrator may require, within 60 days after the date of 
     enactment of the appropriations Act for the fiscal year 
     concerned.
       ``(2) Minimum standards for payment or reimbursement.--Each 
     application submitted under paragraph (1) shall include--
       ``(A) a comprehensive description of--
       ``(i) the need for the project;
       ``(ii) the methodology for implementing the project; and
       ``(iii) any existing programs or arrangements that can be 
     used to supplement or leverage assistance under the program.
       ``(3) Procedural safeguards.--The Administrator, in 
     consultation with the Office of the Inspector General, shall 
     issue guidelines to establish appropriate accounting, 
     reporting, and review procedures to ensure that--
       ``(A) grant funds are used for the purposes for which they 
     were made available;
       ``(B) grantees have properly accounted for all expenditures 
     of grant funds; and
       ``(C) grant funds not used for such purposes and amounts 
     not obligated or expended are returned.
       ``(4) Project approval required.--The Administrator may not 
     award a grant under this section unless the Administrator 
     determines that--
       ``(A) sufficient funding is available to meet the matching 
     requirements of subsection (e);
       ``(B) the project will be completed without unreasonable 
     delay; and
       ``(C) the recipient has authority to carry out the proposed 
     project.
       ``(g) Audits and Examinations.--All grantees under this 
     section shall maintain such records as the Administrator may 
     require and make such records available for review and audit 
     by the Administrator.
       ``(h) Small Shipyard Defined.--In this section, the term 
     `small shipyard' means a shipyard facility in one geographic 
     location that does not have more than 1,200 employees.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Administrator of the 
     Maritime Administration for each of fiscal years 2006 through 
     2010 to carry out this section--
       ``(1) $5,000,000 for training grants; and
       ``(2) $25,000,000 for capital and related improvements.''.
       (b) Conforming Amendment.--Section 3506 of the National 
     Defense Authorization Act for Fiscal Year 2006 (46 U.S.C. 
     53101 note) is repealed.

     SEC. 8. STUDENT INCENTIVE PAYMENT PROGRAM.

       Section 51509 of title 46, United States Code, is amended--
       (1) by striking ``to the individual.'' in subsection (a) 
     and inserting ``to the individual or the academy, as 
     determined by the Secretary.'';
       (1) by striking ``$4,000'' and inserting ``$8,000'';
       (2) by striking ``as prescribed by the Secretary, while the 
     individual is attending the academy.'' in subsection (b) and 
     inserting ``subject to such conditions as may be prescribed 
     by the Secretary.'';
       (3) by inserting ``tuition,'' in subsection (b) after 
     ``uniforms,''; and
       (4) by striking subsection (c) and inserting the following:
       ``(c) Midshipman and enlisted reserve status.--Each 
     agreement entered into under this section shall require the 
     individual to accept midshipman and enlisted reserve status 
     in the United States Navy Reserve (including the Merchant 
     Marine Reserve) or the United States Coast Guard Reserve 
     before any payments are made under the agreement.''.

     SEC. 9. MARINE WAR RISK INSURANCE.

       Section 53912 of title 46, United States Code, is amended 
     by striking ``December 31, 2010.'' and inserting ``December 
     31, 2015.''.

     SEC. 10. MARAD CONSULTATION ON JONES ACT WAIVERS.

       Section 501(b) of title 46, United States Code, is amended 
     to read as follows:
       ``(b) By Head of Agency.--When the head of an agency 
     responsible for the administration of the navigation or 
     vessel-inspection laws considers it necessary in the interest 
     of national defense, the individual, following a 
     determination by the Maritime Administrator, acting in the 
     Administrator's capacity as Director, National Shipping 
     Authority, of the non-availability of qualified United States 
     flag capacity to meet national defense requirements, may 
     waive compliance with those laws to the extent, in the 
     manner,

[[Page S8442]]

     and on the terms the individual, in consultation with the 
     Administrator, acting in that capacity, prescribes.''.

     SEC. 11. VESSEL TRAFFIC RISK ASSESSMENTS.

       (a) Requirement.--The Commandant of the Coast guard, acting 
     through the appropriate Area Committee established under 
     section 311(j)(4) of the Federal Water Pollution Control Act, 
     shall prepare a vessel traffic risk assessment--
       (1) for Cook Inlet, Alaska, within 1 year after the date of 
     enactment of this Act; and
       (2) for the Aleutian Islands, Alaska, within 2 years after 
     the date of enactment of this Act.
       (b) Contents.--Each of the assessments shall describe, for 
     the region covered by the assessment--
       (1) the amount and character of present and estimated 
     future shipping traffic in the region; and
       (2) the current and projected use and effectiveness in 
     reducing risk, of--
       (A) traffic separation schemes and routing measures;
       (B) long-range vessel tracking systems developed under 
     section 70115 of title 46, United States Code;
       (C) towing, response, or escort tugs;
       (D) vessel traffic services;
       (E) emergency towing packages on vessels;
       (F) increased spill response equipment including equipment 
     appropriate for severe weather and sea conditions;
       (G) the Automatic Identification System developed under 
     section 70114 of title 46, United States Code;
       (H) particularly sensitive sea areas, areas to be avoided, 
     and other traffic exclusion zones;
       (I) aids to navigation; and
       (J) vessel response plans.
       (c) Recommendations.--
       (1) In general.--Each of the assessments shall include any 
     appropriate recommendations to enhance the safety and 
     security, or lessen potential adverse environmental impacts, 
     of marine shipping.
       (2) Consultation.--Before making any recommendations under 
     paragraph (1) for a region, the Area Committee shall consult 
     with affected local, State, and Federal government agencies, 
     representatives of the fishing industry, Alaska Natives from 
     the region, the conservation community, and the merchant 
     shipping and oil transportation industries.
       (d) Provision to Congress.--The Commandant shall provide a 
     copy of each assessment to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commandant $1,800,000 for each of 
     fiscal years 2008 and 2009 to conduct the assessments.

     SEC. 12. SMALL VESSEL EXCEPTION FROM DEFINITION OF FISH 
                   PROCESSING VESSEL.

       Section 2101(11b) of title 46, United States Code, is 
     amended by striking ``chilling.'' and inserting ``chilling, 
     but does not include a fishing vessel operating in Alaskan 
     waters under a permit or license issued by Alaska that--
       (A) fillets only salmon taken by that vessel;
       (B) fillets less than 5 metric tons of such salmon during 
     any 7-day period.''.

     SEC. 13. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT 
                   PERSONNEL AND CERTAIN CARGOES.

       (a) In General.--Section 55305(b) of title 46, United 
     States Code, is amended--
       (1) by striking ``country'' and inserting ``country, 
     organization, or persons'';
       (2) by inserting ``or obtaining'' after ``furnishing''; and
       (3) by striking ``commodities'' the first place it appears 
     and inserting ``commodities, or provides financing in any way 
     with Federal funds for the account of any persons unless 
     otherwise exempted,''.
       (b) Other Agencies.--Section 55305(d) of title 46, United 
     States Code, is amended to read as follows:
       ``(d) Programs of Other Agencies.--
       ``(1) Each department or agency that has responsibility for 
     a program under this section shall administer that program 
     with respect to this section under regulations and guidance 
     issued by the Secretary of Transportation. The Secretary, 
     after consulting with the department or agency or 
     organization or person involved, shall have the sole 
     responsibility for determining if a program is subject to the 
     requirements of this section.
       ``(2) The Secretary--
       ``(A) shall conduct an annual review of the administration 
     of programs determined pursuant to paragraph (1) as subject 
     to the requirements of this section;
       ``(B) may direct agencies to require the transportation on 
     United States-flagged vessels of cargo shipments not 
     otherwise subject to this section in equivalent amounts to 
     cargo determined to have been shipped on foreign carriers in 
     violation of this section;
       ``(C) may impose on any person that violates this section, 
     or a regulation prescribed under this section, a civil 
     penalty of not more than $25,000 for each violation willfully 
     and knowingly committed, with each day of a continuing 
     violation following the date of shipment to be a separate 
     violation; and
       ``(D) may take other measures as appropriate under the 
     Federal Acquisition Regulations issued pursuant to section 
     25(c)(1) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 421(c)(1) or contract with respect to each 
     violation.''.
       (c) Regulations.--The Secretary of Transportation shall 
     prescribe such rules as are necessary to carry out section 
     55305(d) of title 46, United States Code. The Secretary may 
     prescribe interim rules necessary to carry out section 
     55305(d) of such title. An interim rule prescribed under this 
     subsection shall remain in effect until superseded by a final 
     rule.
       (d) Change of Year.--Section 55314(a) of title 46, United 
     States Code, is amended by striking ``calendar'' each place 
     it appears and inserting ``fiscal''.

     SEC. 14. EXCLUSION OF CERTAIN EMPLOYEE BENEFITS FOR 
                   INDIVIDUALS IN THE RECREATIONAL MARINE 
                   INDUSTRY.

       Subparagraph (F) of section 2(3) of the Longshore and 
     Harbor Workers' Compensation Act (33 U.S.C. 902(3)) is 
     amended to read as follows:
       ``(F) individuals who--
       ``(i) are employed to manufacture any recreational vessel 
     under 165 feet in length; or
       ``(ii) are employed to repair any recreational vessel or to 
     dismantle any part of any recreational vessel in connection 
     with repair of the vessel;''.

     SEC. 15. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2009.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation, for the use of the Maritime 
     Administration, for fiscal year 2009 the following amounts:
       (1) For expenses necessary for operations and training 
     activities, $140,112,000, of which--
       (A) $79,858,000 shall remain available until expended for 
     expenses at the United States Merchant Marine Academy, of 
     which $26,640,000 shall be available for the capital 
     improvement program; and
       (B) $8,306,000 which shall remain available until expended 
     for maintenance and repair of school ships at the State 
     Maritime Academies.
       (2) For expenses to maintain and preserve a United States-
     flag merchant fleet to serve the national security needs of 
     the United States under chapter 531 of title 46, United 
     States Code, $174,000,000.
       (3) For paying reimbursement under section 3517 of the 
     Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
     $19,500,000.
       (4) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, including provision of 
     assistance under section 7 of Public Law 92-402, $18,000,000.
       (5) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C 661a(5))) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $30,000,000.
       (6) For administrative expenses related to the 
     implementation of the loan guarantee program under chapter 
     537 of title 46, United States Code, administrative expenses 
     related to implementation of the reimbursement program under 
     section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
     53101 note), and administrative expenses related to the 
     implementation of the small shipyards and maritime 
     communities assistance program under section 54101 of title 
     46, United States Code, $6,000,000.
       (b) Availability.--Amounts appropriated pursuant to 
     subsection (a) shall remain available, as provided in 
     appropriations Acts, until expended.

     SEC. 16. ENFORCEMENT OF MARITIME CABOTAGE LAWS.

       It is the sense of the Senate that, in order to fulfill the 
     objectives and policies of section 50101 of title 46, United 
     States Code, and encourage the development and maintenance of 
     a merchant marine necessary for the national defense and the 
     domestic commerce of the United States, the Department of 
     Homeland Security, in cooperation with the Department of 
     Transportation, should take measures necessary to enforce the 
     letter and intent of the coastwise laws in chapter 551 of 
     title 46, United States Code, and to support the cruise ship 
     operations authorized by section 211 of title II of division 
     B of Public Law 108	7.
                                 ______
                                 
  SA 5477. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1068. SERVICE AS LEGISLATIVE FELLOWS OF MEMBERS OF THE 
                   ARMED FORCES WHO ARE UNDERGOING CONVALESCENCE 
                   AT MILITARY MEDICAL TREATMENT FACILITIES IN THE 
                   NATIONAL CAPITAL REGION.

       (a) Actions Required.--
       (1) In general.--Commencing not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall take actions to ensure that eligible members of 
     the Armed Forces who are undergoing convalescence at military 
     medical treatment facilities in the National Capital Region, 
     including Walter Reed Army Medical Center, District of 
     Columbia, are informed about and encouraged to apply for 
     selection as a legislative fellow under applicable Department 
     of

[[Page S8443]]

     Defense instructions controlling assignment of personnel to 
     the Legislative Branch.
       (2) Voluntary participation.--The participation of members 
     of the Armed Forces as a legislative fellow under this 
     section shall be on a voluntary basis.
       (3) Encouragement of participation in program.--The 
     Secretary shall take appropriate actions--
       (A) to notify members of the Armed Forces described in 
     subsection (a)(1) of their eligibility for participation as 
     legislative fellows under this section; and
       (B) to facilitate participation as legislative fellows 
     under this section by members who elect to participate as 
     fellows, including through the provision of appropriate 
     support for such members in participating as fellows.
       (4) Prohibition on political activities.--While serving in 
     an office as a legislative fellow under this section, a 
     member of the Armed Forces participating as a fellow may not 
     engage in any political activity otherwise prohibited by law 
     for similar employees of such office.
       (b) Pay and Allowances.--
       (1) No additional pay and allowances.--A member of the 
     Armed Forces participating as a legislative fellow under this 
     section shall not be entitled to any pay and allowances by 
     reason of participation as a fellow other than the pay and 
     allowances otherwise payable to the member by law.
       (2) Expenses.--A member of the Armed Forces participating 
     as a legislative fellow under this section shall be paid or 
     reimbursed for the expenses incurred by the member in 
     connection with participation as a fellow.
       (c) Administrative Matters.--
       (1) Administration.--The activities required by this 
     section shall be administered within the Department of 
     Defense by an appropriate official of the Department assigned 
     by the Secretary for that purpose.
       (2) Responsibilities.--The official assigned under 
     paragraph (1) shall--
       (A) work collaboratively with Members and committees of 
     Congress to identify appropriate fellowship opportunities for 
     members of the Armed Forces seeking to participate as 
     legislative fellows under this section; and
       (B) work collaboratively with the Director of the Capitol 
     Guide Service and Congressional Special Services Office of 
     the Architect of the Capitol to accommodate the special 
     physical needs of members of the Armed Forces who are 
     participating as legislative fellows under this section.
                                 ______
                                 
  SA 5478. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 subsection A of title XXVIII, add the 
     following:

     SEC. 2814. MODIFICATION OF AUTHORITY TO CONVEY PROPERTY AT 
                   MILITARY INSTALLATIONS TO LIMIT ENCROACHMENT.

       (a) Repeal of Applicability of Authority to Exchanges for 
     Military Construction Projects.--Section 2869 of title 10, 
     United States Code, is amended--
       (1) in subsection (a)(1)(A), by striking ``military 
     construction project or'';
       (2) in subsection (b), by striking ``military 
     construction,'' each place it appears and inserting 
     ``land,''; and
       (3) in subsection (d)(2)(A), by striking ``military 
     construction project,'' each place it appears in clauses (ii) 
     and (iii).
       (b) Repeal of Limitation on Applicability of Authority to 
     Excess Non-BRAC Property.--Such section is further amended--
       (1) in subsection (a), by striking paragraph (3); and
       (2) in subsection (e)(2), by striking ``the period 
     specified in paragraph (3) of subsection (a)'' and inserting 
     ``the period beginning on October 17, 2006, and ending on 
     September 30, 2008,''.
       (c) Repeal of Pilot Program.--Such section is further 
     amended by striking subsection (c).
       (d) Repeal of Requirements Relating to Reports.--Such 
     section is further amended by striking subsection (f).
       (e) Conforming Amendments.--Such section is further amended 
     by redesignating subsections (d), (e), (g), and (h) as 
     subsections (c), (d), (e), and (f), respectively.
       (f) Additional Conforming and Clerical Amendments.--
       (1) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 2869. Conveyance of property at military installations 
       to support military housing or limit encroachment''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter III of chapter 169 of such title is 
     amended by striking the item relating to section 2869 and 
     inserting the following new item:

``2869. Conveyance of property at military installations to support 
              military housing or limit encroachment.''.
                                 ______
                                 
  SA 5479. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 311, between lines 13 and 14, insert the following:

     SEC. 1083. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED 
                   FORCES SERVING IN IRAQ OR AFGHANISTAN.

       (a) Availability of Postal Benefits.--The Secretary of 
     Defense, in consultation with the United States Postal 
     Service, shall provide for a program under which postal 
     benefits are provided to qualified individuals in accordance 
     with this section.
       (b) Qualified Individual.--In this section, the term 
     ``qualified individual'' means a member of the Armed Forces 
     on active duty (as defined in section 101 of title 10, United 
     States Code) who--
       (1) is serving in Iraq or Afghanistan; or
       (2) is hospitalized at a facility under the jurisdiction of 
     the Department of Defense as a result of a disease or injury 
     incurred as a result of service in Iraq or Afghanistan.
       (c) Postal Benefits Described.--
       (1) Vouchers.--The postal benefits provided under the 
     program shall consist of such coupons or other similar 
     evidence of credit, whether in printed, electronic, or other 
     format (in this section referred to as a ``voucher''), as the 
     Secretary of Defense, in consultation with the Postal 
     Service, shall determine, which entitle the bearer or user to 
     make qualified mailings free of postage.
       (2) Qualified mailing.--In this section, the term 
     ``qualified mailing'' means the mailing of a single mail 
     piece which--
       (A) is first-class mail (including any sound-recorded or 
     video-recorded communication) not exceeding 13 ounces in 
     weight and having the character of personal correspondence or 
     parcel post not exceeding 10 pounds in weight;
       (B) is sent from within an area served by a United States 
     post office; and
       (C) is addressed to a qualified individual.
       (3) Coordination rule.--Postal benefits under the program 
     are in addition to, and not in lieu of, any reduced rates of 
     postage or other similar benefits which might otherwise be 
     available by or under law, including any rates of postage 
     resulting from the application of section 3401(b) of title 
     39, United States Code.
       (d) Number of Vouchers.--A member of the Armed Forces shall 
     be eligible for one voucher for every second month in which 
     the member is a qualified individual.
       (e) Limitations on Use; Duration.--A voucher may not be 
     used--
       (1) for more than a single qualified mailing; or
       (2) after the earlier of--
       (A) the expiration date of the voucher, as designated by 
     the Secretary of Defense; or
       (B) the end of the one-year period beginning on the date on 
     which the regulations prescribed under subsection (f) take 
     effect.
       (f) Regulations.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense (in 
     consultation with the Postal Service) shall prescribe such 
     regulations as may be necessary to carry out the program, 
     including--
       (1) procedures by which vouchers will be provided or made 
     available in timely manner to qualified individuals; and
       (2) procedures to ensure that the number of vouchers 
     provided or made available with respect to any qualified 
     individual complies with subsection (d).
       (g) Transfers to Postal Service.--
       (1) Based on estimates.--The Secretary of Defense shall 
     transfer to the Postal Service, out of amounts available to 
     carry out the program and in advance of each calendar quarter 
     during which postal benefits may be used under the program, 
     an amount equal to the amount of postal benefits that the 
     Secretary estimates will be used during such quarter, reduced 
     or increased (as the case may be) by any amounts by which the 
     Secretary finds that a determination under this section for a 
     prior quarter was greater than or less than the amount 
     finally determined for such quarter.
       (2) Based on final determination.--A final determination of 
     the amount necessary to correct any previous determination 
     under this section, and any transfer of amounts between the 
     Postal Service and the Department of Defense based on that 
     final determination, shall be made not later than six months 
     after the end of the one-year period referred to in 
     subsection (e)(2)(B).
       (3) Consultation required.--All estimates and 
     determinations under this subsection of the amount of postal 
     benefits under the program used in any period shall be made 
     by the Secretary of Defense in consultation with the Postal 
     Service.
       (h) Funding.--Of the amounts authorized to be appropriated 
     for the Department of Defense for fiscal year 2009 for 
     military personnel, $10,000,000 shall be for postal benefits 
     provided in this section.
                                 ______
                                 
  SA 5480. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction,

[[Page S8444]]

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

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

     SEC. 572. REPORT ON CREATING CAREERS FOR MILITARY SPOUSES.

       (a) Study.--The Under Secretary of Defense for Personnel 
     and Readiness, in conjunction with the Deputy Under Secretary 
     of Defense for Military Community and Family Policy, shall 
     conduct a study of the challenges that face qualified 
     military spouses in finding and maintaining employment during 
     the terms of service of their active duty spouses.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Under Secretary of Defense for 
     Personnel and Readiness, shall submit to the congressional 
     committees a report on the study conducted under subsection 
     (a).
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description of the major challenges that face 
     qualified military spouses in finding and maintaining 
     employment during the terms of service of their spouses.
       (B) A listing of significant incentive programs the 
     Department of Defense could utilize to create incentives for 
     the hiring of qualified military spouses, including those the 
     Department can implement independently and those that require 
     statutory changes.
       (C) A description of the resources available to qualified 
     military spouses for assistance in finding and maintaining 
     employment.
       (D) An examination of the implications for retention of 
     military service members of insufficient employment 
     opportunities for qualified military spouses.
       (E) A description of current programs to assist qualified 
     military spouses in securing telecommuting and home office 
     employment.
       (c) Qualified Military Spouse Defined.--In this section, 
     the term ``qualified military spouse'' means a spouse of a 
     member of the Armed Forces who is serving on a period of 
     extended active duty which includes the hiring date. For 
     purposes of the preceding sentence, the term ``extended 
     active duty'' means any period of active duty pursuant to a 
     call or order to such duty for a period in excess of 90 days 
     or for an indefinite period.
                                 ______
                                 
  SA 5481. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 458, between lines 12 and 13, insert the following:

     SEC. 2842. DISPOSAL OF REAL PROPERTY AT OUTLYING LANDING 
                   FIELD, BEAUFORT AND WASHINGTON COUNTIES, NORTH 
                   CAROLINA.

       Notwithstanding any other provision of law, the Secretary 
     of the Navy shall make an exception to policy when the 
     Secretary disposes of the land acquired for the Navy's now-
     cancelled Outlying Landing Field (OLF) in Beaufort and 
     Washington Counties, North Carolina, by first offering the 
     previous property owners the opportunity to reacquire their 
     land by right of first refusal at fair market value. Should 
     these parties decline the Navy's offer, the Secretary shall 
     dispose of these properties in a manner most likely to ensure 
     continued agricultural productivity.
                                 ______
                                 
  SA 5482. Mr. KERRY (for himself, Ms. Snowe, Mr. Menendez, Mr. 
Lautenberg, and Mrs. Clinton) submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 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 311, between lines 13 and 14, insert the following:

     SEC. 1083. PROHIBITIONS RELATING TO PUBLICITY OR PROPAGANDA.

       (a) Prohibition.--No part of any appropriation shall be 
     used by the Department of Defense for publicity or propaganda 
     purposes not authorized by Congress, including the production 
     of any prepackaged news story intended for broadcast or 
     distribution in the United States unless the story includes a 
     clear notification within the text or audio that it was 
     prepared or funded by the Department.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to Congress a report 
     identifying the extent to which the Department of Defense has 
     used appropriated funds to recruit, train, or give special 
     consideration to retired military officers to induce them to 
     comment favorably on the war efforts in Iraq and Afghanistan 
     and against terrorism. This report shall also review if 
     special access given to these retired military officers 
     provided a competitive advantage to their employers in 
     securing funds appropriated to the Department of Defense.
       (c) Legal Opinion.--Not later than 90 days after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall issue a legal opinion to Congress on 
     whether the Department of Defense violated appropriations 
     prohibitions on publicity or propaganda activities 
     established in Public Laws 107-117, 107-248, 108-87, 108-287, 
     109-148, 109-289, and 110-116, the Department of Defense 
     Appropriations Acts for fiscal years 2002 through 2008, 
     respectively, by offering special access to retired military 
     officers who serve as media analysts, including briefings and 
     information on war efforts, meetings with high-level 
     department officials, and trips to Iraq and Guantanamo Bay, 
     Cuba.
       (d) Rule of Construction Related to Intelligence 
     Activities.--Nothing in this section shall be construed to 
     apply to any lawful and authorized intelligence activity of 
     the United States Government.
                                 ______
                                 
  SA 5483. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 VII, add the following:

     SEC. 714. FULL ACCESS TO MENTAL HEALTH CARE FOR FAMILY 
                   MEMBERS OF MEMBERS OF THE NATIONAL GUARD AND 
                   RESERVE WHO ARE DEPLOYED OVERSEAS.

       (a) Initiative To Increase Access to Mental Health Care.--
       (1) In general.--The Secretary of Defense shall undertake 
     an initiative intended to increase access to mental health 
     care for family members of members of the National Guard and 
     Reserve deployed overseas during the periods of mobilization, 
     deployment, and demobilization of such members of the 
     National Guard and Reserve.
       (2) Elements.--The initiative shall include the following:
       (A) Programs and activities to educate the family members 
     of members of the National Guard and Reserve who are deployed 
     overseas on potential mental health challenges connected with 
     such deployment.
       (B) Programs and activities to provide such family members 
     with complete information on all mental health resources 
     available to such family members through the Department of 
     Defense and otherwise.
       (C) Requirements for mental health counselors at military 
     installations in communities with large numbers of mobilized 
     members of the National Guard and Reserve to expand the reach 
     of their counseling activities to include families of such 
     members in such communities.
       (b) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on this section.
       (2) Elements.--Each report shall include the following:
       (A) A current assessment of the extent to which family 
     members of members of the National Guard and Reserve who are 
     deployed overseas have access to, and are utilizing, mental 
     health care available under this section.
       (B) A current assessment of the quality of mental health 
     care being provided to family members of members of the 
     National Guard and Reserve who are deployed overseas, and an 
     assessment of expanding coverage for mental health care 
     services under the TRICARE program to mental health care 
     services provided at facilities currently outside the 
     accredited network of the TRICARE program.
       (C) Such recommendations for legislative or administration 
     action as the Secretary considers appropriate in order to 
     further assure full access to mental health care by family 
     members of members of the National Guard and Reserve who are 
     deployed overseas during the mobilization, deployment, and 
     demobilization of such members of the National Guard and 
     Reserve.
                                 ______
                                 
  SA 5484. Mr. FEINGOLD (for himself, Mr. Nelson of Florida, and Mrs. 
Dole) submitted an amendment intended to be proposed by him to the bill 
S. 3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

[[Page S8445]]

     SEC. 587. TERMINATION OR SUSPENSION OF CONTRACTS FOR WIRELESS 
                   TELEPHONE SERVICE FOR MEMBERS OF THE ARMED 
                   FORCES.

       (a) In General.--Title III of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 531 et seq.) is amended by 
     inserting after section 305 the following new section:

     ``SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR 
                   WIRELESS TELEPHONE SERVICE.

       ``(a) In General.--A servicemember or person who is a party 
     to a contract for wireless telephone service and receives 
     military orders to deploy with a military unit or in support 
     of a contingency operation for a period of not less than 90 
     days, or to relocate for not less than 90 days to a location 
     that does not support the contract, may submit to the 
     wireless telephone service provider concerned a request for 
     the termination or suspension of the contract. The request 
     shall include a copy of the military orders of the 
     servicemember or person.
       ``(b) Relief.--Upon receiving the request of a 
     servicemember or person under subsection (a), the wireless 
     telephone service provider concerned shall, at the election 
     of the servicemember or person--
       ``(1) permit the servicemember or person to terminate the 
     contract without imposition of an early termination fee, 
     penalty, or other obligation; or
       ``(2) permit the servicemember or person to suspend the 
     contract at no charge until the servicemember or person 
     returns to the original area of wireless telephone service 
     coverage under the contract without requiring, whether as a 
     condition of suspension or otherwise, that the contract be 
     extended.
       ``(c) Unpaid Amounts.--Nothing in this section shall be 
     construed to relieve a servicemember or person covered by 
     subsection (a) from the obligation to pay all outstanding 
     amounts due under the terms of the contract before the date 
     that the contract is terminated or suspended under subsection 
     (b).
       ``(d) Definitions.--In this section:
       ``(1) The term `contingency operation' has the meaning 
     given that term in section 101(a)(13) of title 10, United 
     States Code, except that the term may include such other 
     deployments as the Secretary of Defense may prescribe
       ``(2) The term `suspension', with respect to a contract, 
     means the temporary cessation of service under the contract 
     as provided in subsection (b)(2).
       ``(3) The term `wireless telephone service' has the meaning 
     given the term `commercial mobile radio services' in section 
     332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)).
       ``(4) The term `wireless telephone service provider' means 
     any entity that provides wireless telephone service.''.
       (b) Clerical Amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     305 the following new item:

``Sec. 305A. Termination or suspension of contracts for wireless 
              telephone service.''.
                                 ______
                                 
  SA 5485. Mr. DODD (for himself and Mr. Shelby) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XII, add the following:

     Subtitle E--Comprehensive Iran Sanctions, Accountability, and 
                               Divestment

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2008''.

                           PART I--SANCTIONS

     SEC. 1251. DEFINITIONS.

       In this part:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term in section 14(2) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (4) Family member.--The term ``family member'' means, with 
     respect to an individual, the spouse, children, 
     grandchildren, or parents of the individual.
       (5) Information and informational materials.--The term 
     ``information and informational materials''--
       (A) means information and informational materials described 
     in section 203(b)(3) of the International Emergency Economic 
     Powers Act (50 U.S.C. 1702(b)(3)); and
       (B) does not include information or informational 
     materials--
       (i) the exportation of which is otherwise controlled--

       (I) under section 5 of the Export Administration Act of 
     1979 (50 U.S.C. App. 2404) (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)); or
       (II) under section 6 of that Act (50 U.S.C. App. 2405), to 
     the extent that such controls promote the nonproliferation or 
     antiterrorism policies of the United States; or

       (ii) with respect to which acts are prohibited by chapter 
     37 of title 18, United States Code.
       (6) Investment.--The term ``investment'' has the meaning 
     given that term in section 14(9) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (7) Iranian diplomats and representatives of other 
     government and military or quasi-governmental institutions of 
     iran.--The term ``Iranian diplomats and representatives of 
     other government and military or quasi-governmental 
     institutions of Iran'' has the meaning given that term in 
     section 14(11) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).
       (8) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (9) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).

     SEC. 1252. CLARIFICATION AND EXPANSION OF DEFINITIONS.

       (a) Person.--Section 14(13)(B) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended--
       (1) by inserting ``financial institution, insurer, 
     underwriter, guarantor, and any other business organization, 
     including any foreign subsidiary, parent, or affiliate of the 
     foregoing,'' after ``trust,''; and
       (2) by inserting ``, such as an export credit agency'' 
     before the semicolon.
       (b) Petroleum Resources.--Section 14(14) of the Iran 
     Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 
     note) is amended by striking ``petroleum and natural gas 
     resources'' and inserting ``petroleum, petroleum by-products, 
     oil or liquefied natural gas, oil or liquefied natural gas 
     tankers, and products used to construct or maintain pipelines 
     used to transport oil or liquefied natural gas''.

     SEC. 1253. ECONOMIC SANCTIONS RELATING TO IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to any other sanction in effect, 
     beginning on the date that is 15 days after the effective 
     date of this subtitle, the economic sanctions described in 
     subsection (b) shall apply with respect to Iran.
       (b) Sanctions.--The sanctions described in this subsection 
     are the following:
       (1) Prohibition on imports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article that is the growth, product, or manufacture of Iran 
     may be imported directly or indirectly into the United 
     States.
       (B) Exception.--The prohibition in subparagraph (A) does 
     not apply to imports from Iran of information and 
     informational materials.
       (2) Prohibition on exports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article that is the growth, product, or manufacture of the 
     United States may be exported directly or indirectly to Iran.
       (B) Exceptions.--The prohibition in subparagraph (A) does 
     not apply to exports to Iran of--
       (i) agricultural commodities, food, medicine, or medical 
     devices;
       (ii) articles exported to Iran to provide humanitarian 
     assistance to the people of Iran;
       (iii) information or informational materials; or
       (iv) goods, services, or technologies necessary to ensure 
     the safe operation of commercial passenger aircraft produced 
     in the United States if the exportation of such goods, 
     services, or technologies is approved by the Secretary of the 
     Treasury, in consultation with the Secretary of Commerce, 
     pursuant to regulations for licensing the exportation of such 
     goods, services, or technologies, if appropriate.
       (3) Freezing assets.--
       (A) In general.--At such time as the United States has 
     access to the names of persons in Iran, including Iranian 
     diplomats and representatives of other government and 
     military or quasi-governmental institutions of Iran, that are 
     determined to be subject to sanctions imposed under the 
     authority of the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) or any other provision of law 
     relating to the imposition of sanctions with respect to Iran, 
     the President shall take such action as may be necessary to 
     freeze immediately the funds and other assets belonging to 
     anyone so named and any family members or associates of those 
     so named to whom assets or property of those so named were 
     transferred on or after January 1, 2008. The action described 
     in the preceding sentence includes requiring any United 
     States financial institution that holds funds and assets of a 
     person so named to report promptly to the Office of Foreign 
     Assets Control information regarding such funds and assets.
       (B) Asset reporting requirement.--Not later than 14 days 
     after a decision is made to freeze the property or assets of 
     any person under this paragraph, the President shall report 
     the name of such person to the appropriate congressional 
     committees.
       (4) United states government contracts.--The head of an 
     executive agency may not procure, or enter into a contract 
     for

[[Page S8446]]

     the procurement of, any goods or services from a person that 
     meets the criteria for the imposition of sanctions under 
     section 5(a) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).
       (c) Waiver.--The President may waive the application of the 
     sanctions described in subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.

     SEC. 1254. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN SUBSIDIARIES.

       (a) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Own or control.--The term ``own or control'' means, 
     with respect to an entity--
       (A) to hold more than 50 percent of the equity interest by 
     vote or value in the entity;
       (B) to hold a majority of seats on the board of directors 
     of the entity; or
       (C) to otherwise control the actions, policies, or 
     personnel decisions of the entity.
       (3) Subsidiary.--The term ``subsidiary'' means an entity 
     that is owned or controlled, directly or indirectly, by a 
     United States person.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen, resident, or 
     national of the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own or control the entity.
       (b) In General.--A United States person shall be subject to 
     a penalty for a violation of the provisions of Executive 
     Order 12959 (50 U.S.C. 1701 note) or Executive Order 13059 
     (50 U.S.C. 1701 note), or any other prohibition on 
     transactions with respect to Iran imposed under the authority 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), if--
       (1) the President determines that the United States person 
     establishes or maintains a subsidiary outside of the United 
     States for the purpose of circumventing such provisions; and
       (2) that subsidiary engages in an act that, if committed in 
     the United States or by a United States person, would violate 
     such provisions.
       (c) Waiver.--The President may waive the application of 
     subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (d) Effective Date.--
       (1) In general.--Subsection (b) shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     acts described in subsection (b)(2) that are--
       (A) commenced on or after the date of the enactment of this 
     Act; or
       (B) except as provided in paragraph (2), commenced before 
     such date of enactment, if such acts continue on or after 
     such date of enactment.
       (2) Exception.--Subsection (b) shall not apply with respect 
     to an act described in paragraph (1)(B) by a subsidiary owned 
     or controlled by a United States person if the United States 
     person divests or terminates its business with the subsidiary 
     not later than 90 days after such date of enactment.

     SEC. 1255. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL 
                   OR TERRORIST FINANCING.

       (a) Finding.--Congress finds that the work of the Office of 
     Terrorism and Financial Intelligence of the Department of the 
     Treasury, which includes the Office of Foreign Assets Control 
     and the Financial Crimes Enforcement Network, is critical to 
     ensuring that the international financial system is not used 
     for purposes of supporting terrorism and developing weapons 
     of mass destruction.
       (b) Authorization of Appropriations for Office of Terrorism 
     and Financial Intelligence.--There is authorized to be 
     appropriated to the Secretary of the Treasury for the Office 
     of Terrorism and Financial Intelligence--
       (1) $61,712,000 for fiscal year 2009; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2010 and 2011.
       (c) Authorization of Appropriations for the Financial 
     Crimes Enforcement Network.--Section 310(d)(1) of title 31, 
     United States Code, is amended by striking ``such sums as may 
     be necessary for fiscal years 2002, 2003, 2004, and 2005'' 
     and inserting ``$91,335,000 for fiscal year 2009 and such 
     sums as may be necessary for each of the fiscal years 2010 
     and 2011''.

     SEC. 1256. REPORTING REQUIREMENTS.

       (a) Foreign Investment in Iran.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on--
       (A) any foreign investments of $20,000,000 or more made in 
     Iran's energy sector on or after January 1, 2008, and before 
     the date on which the President submits the report; and
       (B) the determination of the President on whether each such 
     investment qualifies as a sanctionable offense under section 
     5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (2) Subsequent reports.--Not later than 1 year after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the President shall submit to the appropriate 
     congressional committees a report on--
       (A) any foreign investments of $20,000,000 or more made in 
     Iran's energy sector during the 180-day period preceding the 
     submission of the report; and
       (B) the determination of the President on whether each such 
     investment qualifies as a sanctionable offense under section 
     5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (b) Form of Reports.--The reports required under subsection 
     (a) shall be submitted in unclassified form, but may contain 
     a classified annex.

     SEC. 1257. SENSE OF CONGRESS REGARDING THE IMPOSITION OF 
                   SANCTIONS ON THE CENTRAL BANK OF IRAN.

       Congress urges the President, in the strongest terms, to 
     consider immediately using the authority of the President to 
     impose sanctions on the Central Bank of Iran and any other 
     Iranian bank engaged in proliferation activities or support 
     of terrorist groups.

     PART II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

     SEC. 1261. DEFINITIONS.

       In this part:
       (1) Energy sector.--The term ``energy sector'' refers to 
     activities to develop petroleum or natural gas resources or 
     nuclear power.
       (2) Financial institution.--The term ``financial 
     institution'' has the meaning given that term in section 
     14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (3) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (4) Person.--The term ``person'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, or any other 
     nongovernmental entity, organization, or group;
       (B) any governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
       (C) any successor, subunit, parent company, or subsidiary 
     of any entity described in subparagraph (A) or (B).
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
       (6) State or local government.--The term ``State or local 
     government'' includes--
       (A) any State and any agency or instrumentality thereof;
       (B) any local government within a State, and any agency or 
     instrumentality thereof;
       (C) any other governmental instrumentality; and
       (D) any public institution of higher education within the 
     meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 
     et seq.).

     SEC. 1262. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST 
                   FROM CERTAIN COMPANIES THAT INVEST IN IRAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should support the decision of 
     any State or local government to divest from, or to prohibit 
     the investment of assets of the State or local government in, 
     a person that the State or local government determines poses 
     a financial or reputational risk.
       (b) Authority to Divest.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the requirements of subsection (d) 
     to divest the assets of the State or local government from, 
     or prohibit investment of the assets of the State or local 
     government in, any person that the State or local government 
     determines, using credible information available to the 
     public, engages in investment activities in Iran described in 
     subsection (c).
       (c) Investment Activities Described.--A person engages in 
     investment activities in Iran described in this subsection if 
     the person--
       (1) has an investment of $20,000,000 or more--
       (A) in the energy sector of Iran; or
       (B) in a person that provides oil or liquified natural gas 
     tankers, or products used to construct or maintain pipelines 
     used to transport oil or liquified natural gas, for the 
     energy sector in Iran; or
       (2) is a financial institution that extends $20,000,000 or 
     more in credit to another person, for 45 days or more, if 
     that person will use the credit to invest in the energy 
     sector in Iran.
       (d) Requirements.--Any measure taken by a State or local 
     government under subsection (b) shall meet the following 
     requirements:
       (1) Notice.--The State or local government shall provide 
     written notice to each person to which a measure is to be 
     applied.
       (2) Timing.--The measure shall apply to a person not 
     earlier than the date that is 90 days after the date on which 
     written notice is provided to the person under paragraph (1).
       (3) Opportunity for hearing.--The State or local government 
     shall provide an opportunity to comment in writing to each 
     person to which a measure is to be applied. If the

[[Page S8447]]

     person demonstrates to the State or local government that the 
     person does not engage in investment activities in Iran 
     described in subsection (c), the measure shall not apply to 
     the person.
       (4) Sense of congress on avoiding erroneous targeting.--It 
     is the sense of Congress that a State or local government 
     should not adopt a measure under subsection (b) with respect 
     to a person unless the State or local government has made 
     every effort to avoid erroneously targeting the person and 
     has verified that the person engages in investment activities 
     in Iran described in subsection (c).
       (e) Notice to Department of Justice.--Not later than 30 
     days after adopting a measure pursuant to subsection (b), a 
     State or local government shall submit written notice to the 
     Attorney General describing the measure.
       (f) Nonpreemption.--A measure of a State or local 
     government authorized under subsection (b) is not preempted 
     by any Federal law or regulation.
       (g) Definitions.--In this section:
       (1) Investment.--The ``investment'' of assets, with respect 
     to a State or local government, includes--
       (A) a commitment or contribution of assets;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (2) Assets.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``assets'' refers to public monies and includes any 
     pension, retirement, annuity, or endowment fund, or similar 
     instrument, that is controlled by a State or local 
     government.
       (B) Exception.--The term ``assets'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (h) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section applies to measures adopted by a State or local 
     government before, on, or after the date of the enactment of 
     this Act.
       (2) Notice requirements.--Subsections (d) and (e) apply to 
     measures adopted by a State or local government on or after 
     the date of the enactment of this Act.

     SEC. 1263. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       (a) In General.--Section 13(c)(1) of the Investment Company 
     Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as 
     follows:
       ``(1) In general.--Notwithstanding any other provision of 
     Federal or State law, no person may bring any civil, 
     criminal, or administrative action against any registered 
     investment company, or any employee, officer, director, or 
     investment adviser thereof, based solely upon the investment 
     company divesting from, or avoiding investing in, securities 
     issued by persons that the investment company determines, 
     using credible information available to the public--
       ``(A) conduct or have direct investments in business 
     operations in Sudan described in section 3(d) of the Sudan 
     Accountability and Divestment Act of 2007 (50 U.S.C. 1701 
     note); or
       ``(B) engage in investment activities in Iran described in 
     section 1262(c) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2008.''.
       (b) SEC Regulations.--Not later than 120 days after the 
     date of the enactment of this Act, the Securities and 
     Exchange Commission shall issue any revisions the Commission 
     determines to be necessary to the regulations requiring 
     disclosure by each registered investment company that divests 
     itself of securities in accordance with section 13(c) of the 
     Investment Company Act of 1940 to include divestments of 
     securities in accordance with paragraph (1)(B) of such 
     section, as added by subsection (a).

     SEC. 1264. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN 
                   INVESTMENTS.

       It is the sense of Congress that a fiduciary of an employee 
     benefit plan, as defined in section 3(3) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), 
     may divest plan assets from, or avoid investing plan assets 
     in, any person the fiduciary determines engages in investment 
     activities in Iran described in section 1262(c) of this Act, 
     without breaching the responsibilities, obligations, or 
     duties imposed upon the fiduciary by section 404 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1104), if--
       (1) the fiduciary makes such determination using credible 
     information that is available to the public; and
       (2) such divestment or avoidance of investment is conducted 
     in accordance with section 2509.94-1 of title 29, Code of 
     Federal Regulations (as in effect on the day before the date 
     of the enactment of this Act).

 PART III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF 
                        SENSITIVE ITEMS TO IRAN

     SEC. 1271. DEFINITIONS.

       In this part:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) End-user.--The term ``end-user'' means an end-user as 
     that term is used in the Export Administration Regulations.
       (3) Entity owned or controlled by the government of iran.--
     The term ``entity owned or controlled by the Government of 
     Iran'' includes--
       (A) any corporation, partnership, association, or other 
     entity in which the Government of Iran owns a majority or 
     controlling interest; and
       (B) any entity that is otherwise controlled by the 
     Government of Iran.
       (4) Export administration regulations.--The term ``Export 
     Administration Regulations'' means subchapter C of chapter 
     VII of title 15, Code of Federal Regulations.
       (5) Government.--The term ``government'' includes any 
     agency or instrumentality of a government.
       (6) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (7) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means any country the government of which the 
     Secretary of State has determined has repeatedly provided 
     support for acts of international terrorism pursuant to--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)).
       (8) Transshipment, reexportation, or diversion.--The term 
     ``transshipment, reexportation, or diversion'' means the 
     exportation, directly or indirectly, of items that originated 
     in the United States to an end-user whose identity cannot be 
     verified or to an entity owned or controlled by the 
     Government of Iran in violation of the laws or regulations of 
     the United States by any means, including by--
       (A) shipping such items through 1 or more foreign 
     countries; or
       (B) by using false information regarding the country of 
     origin of such items.

     SEC. 1272. IDENTIFICATION OF LOCATIONS OF CONCERN WITH 
                   RESPECT TO TRANSSHIPMENT, REEXPORTATION, OR 
                   DIVERSION OF CERTAIN ITEMS TO IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Director of National 
     Intelligence shall submit to the Secretary of Commerce, the 
     Secretary of State, the Secretary of the Treasury, and the 
     appropriate congressional committees a report that identifies 
     all countries that the Director determines are of concern 
     with respect to transshipment, reexportation, or diversion of 
     items subject to the provisions of the Export Administration 
     Regulations to an entity owned or controlled by the 
     Government of Iran.

     SEC. 1273. DESTINATIONS OF POSSIBLE DIVERSION CONCERN AND 
                   DESTINATIONS OF DIVERSION CONCERN.

       (a) Destinations of Possible Diversion Concern.--
       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Possible Diversion Concern if 
     the Secretary, in consultation with the Secretary of State 
     and the Secretary of the Treasury, determines that such 
     designation is appropriate to carry out activities to 
     strengthen the export control systems of that country based 
     on criteria that include--
       (A) the volume of items that originated in the United 
     States that are transported through the country to end-users 
     whose identities cannot be verified;
       (B) the inadequacy of the export and reexport controls of 
     the country;
       (C) the unwillingness or demonstrated inability of the 
     government of the country to control diversion activities; 
     and
       (D) the unwillingness or inability of the government of the 
     country to cooperate with the United States in interdiction 
     efforts.
       (2) Strengthening export control systems of destinations of 
     possible diversion concern.--If the Secretary of Commerce 
     designates a country as a Destination of Possible Diversion 
     Concern under paragraph (1), the United States shall initiate 
     government-to-government activities described in paragraph 
     (3) to strengthen the export control systems of the country.
       (3) Government-to-government activities described.--The 
     government-to-government activities described in this 
     paragraph include--
       (A) cooperation by agencies and departments of the United 
     States with counterpart agencies and departments in a country 
     designated as a Destination of Possible Diversion Concern 
     under paragraph (1) to--
       (i) develop or strengthen export control systems in the 
     country;
       (ii) strengthen cooperation and facilitate enforcement of 
     export control systems in the country; and
       (iii) promote information and data exchanges among agencies 
     of the country and with the United States; and
       (B) efforts by the Office of International Programs of the 
     Department of Commerce to strengthen the export control 
     systems of the country to--
       (i) facilitate legitimate trade in high-technology goods; 
     and

[[Page S8448]]

       (ii) prevent terrorists and state sponsors of terrorism, 
     including Iran, from obtaining nuclear, biological, and 
     chemical weapons, defense technologies, components for 
     improvised explosive devices, and other defense items.
       (b) Destinations of Diversion Concern.--
       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Diversion Concern if the 
     Secretary, in consultation with the Secretary of State and 
     the Secretary of the Treasury, determines--
       (A) that the government of the country is directly involved 
     in transshipment, reexportation, or diversion of items that 
     originated in the United States to end-users whose identities 
     cannot be verified or to entities owned or controlled by the 
     Government of Iran; or
       (B) 12 months after the Secretary of Commerce designates 
     the country as a Destination of Possible Diversion Concern 
     under subsection (a)(1), that the country has failed--
       (i) to cooperate with the government-to-government 
     activities initiated by the United States under subsection 
     (a)(2); or
       (ii) based on the criteria described in subsection (a)(1), 
     to adequately strengthen the export control systems of the 
     country.
       (2) Licensing controls with respect to destinations of 
     diversion concern.--
       (A) Report on suspect items.--
       (i) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the Director of National Intelligence, the 
     Secretary of State, and the Secretary of the Treasury, shall 
     submit to the appropriate congressional committees a report 
     containing a list of items that, if the items were 
     transshipped, reexported, or diverted to Iran, could 
     contribute to--

       (I) Iran obtaining nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (II) support by Iran for acts of international terrorism.

       (ii) Considerations for list.--In developing the list 
     required under clause (i), the Secretary of Commerce shall 
     consider--

       (I) the items subject to licensing requirements under 
     section 742.8 of title 15, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling) and other 
     existing licensing requirements; and
       (II) the items added to the list of items for which a 
     license is required for exportation to North Korea by the 
     final rule of the Bureau of Export Administration of the 
     Department of Commerce issued on June 19, 2000 (65 Fed. Reg. 
     38148; relating to export restrictions on North Korea).

       (B) Licensing requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce shall require a license to export an item on the 
     list required under subparagraph (A)(i) to a country 
     designated as a Destination of Diversion Concern.
       (3) Waiver.--The President may waive the imposition of the 
     licensing requirement under paragraph (2)(B) with respect to 
     a country designated as a Destination of Diversion Concern if 
     the President--
       (A) determines that such a waiver is in the national 
     interest of the United States; and
       (B) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (c) Termination of Designation.--The designation of a 
     country as a Destination of Possible Diversion Concern or a 
     Destination of Diversion Concern shall terminate on the date 
     on which the Secretary of Commerce determines, based on the 
     criteria described in subparagraphs (A) through (D) of 
     subsection (a)(1), and certifies to Congress and the 
     President that the country has adequately strengthened the 
     export control systems of the country to prevent 
     transshipment, reexportation, and diversion of items through 
     the country to end-users whose identities cannot be verified 
     or to entities owned or controlled by the Government of Iran.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 1274. REPORT ON EXPANDING DIVERSION CONCERN SYSTEM TO 
                   COUNTRIES OTHER THAN IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Secretary of Commerce, the Secretary of 
     State, and the Secretary of the Treasury, shall submit to the 
     appropriate congressional committees a report that--
       (1) identifies any country that the Director determines may 
     be transshipping, reexporting, or diverting items subject to 
     the provisions of the Export Administration Regulations to 
     another country if such other country--
       (A) is seeking to obtain nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (B) provides support for acts of international terrorism; 
     and
       (2) assesses the feasability and advisability of expanding 
     the system established under section 1273 for designating 
     countries as Destinations of Possible Diversion Concern and 
     Destinations of Diversion Concern to include countries 
     identified under paragraph (1).

                    PART IV--EFFECTIVE DATE; SUNSET

     SEC. 1281. EFFECTIVE DATE; SUNSET.

       (a) Effective Date.--Except as provided in sections 1254, 
     1262, and 1273(b)(2)(A), the provisions of, and amendments 
     made by, this subtitle shall take effect on the date that is 
     120 days after the date of the enactment of this Act.
       (b) Sunset.--The provisions of this subtitle shall 
     terminate on the date that is 30 days after the date on which 
     the President certifies to Congress that--
       (1) the Government of Iran has ceased providing support for 
     acts of international terrorism and no longer satisfies the 
     requirements for designation as a state sponsor of terrorism 
     under--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)); and
       (2) Iran has ceased the pursuit, acquisition, and 
     development of nuclear, biological, and chemical weapons and 
     ballistic missiles and ballistic missile launch technology.
                                 ______
                                 
  SA 5486. Mr. BROWN (for himself and Mr. Bayh) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 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 303, between lines 3 and 4, insert the following:

     SEC. 1056. GAO REVIEW OF ROLE OF IMPORTS IN DEFENSE 
                   INDUSTRIAL BASE.

       (a) Review Required.--The Comptroller General of the United 
     States shall conduct a thorough review of the application of 
     provisions of the Export Administration Act of 1979 (50 
     U.S.C. App. 2401 et seq.) and the Defense Production Act (50 
     U.S.C. App. 2077 et seq.).
       (b) Considerations.--In conducting the review required 
     under subsection (a), the Comptroller General shall examine--
       (1) the safety of products and reliability of supply chains 
     that service defense infrastructure;
       (2) the legal limitations, if any, on procurement by the 
     Department of Defense of products manufactured in countries 
     that have exported multiple unsafe products to the United 
     States;
       (3) systems in place to determine the origin of products 
     the Department procures and the reliability of manufacturing 
     supply chains;
       (4) information provided by suppliers to the Department 
     about the origin of the products they use in their systems 
     and subsystems;
       (5) information the Department currently requires of 
     suppliers about the origin of products, materials, and 
     components;
       (6) manufacturing production capacity in the United States 
     in the case of a surge in production requests by the 
     Department;
       (7) measures in place to determine country-of-origin of 
     products that have been substandard or not met criteria;
       (8) the capacity of the United States industrial base to 
     manufacture for the national defense in the next 10 years; 
     and
       (9) such other issues as the Comptroller General determines 
     relevant.
       (c) Report.--Not later than 150 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Armed Services of the Senate and the 
     Committees on Financial Services and the Committee on Armed 
     Services of the House of Representatives a report on the 
     review conducted under subsection (a).
       (d) Rule of Construction.--Nothing in this section shall be 
     construed as affecting any law or regulation otherwise 
     pertaining to the protection of classified information or 
     proprietary information sought or obtained by the Comptroller 
     General.
                                 ______
                                 
  SA 5487. Mr. CASEY (for himself and Mr. Hagel) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 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. __. COUNTERTERRORISM STATUS REPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Success in Countering Al Qaeda Reporting Requirements Act 
     of 2008''.
       (b) Findings.--Congress makes the following findings:
       (1) Al Qaeda and its related affiliates attacked the United 
     States on September 11, 2001 in New York, New York, 
     Arlington, Virginia, and Shanksville, Pennsylvania, murdering 
     almost 3000 innocent civilians.
       (2) Osama bin Laden and his deputy Ayman al-Zawahiri remain 
     at large.

[[Page S8449]]

       (3) In testimony to the Select Committee on Intelligence of 
     the Senate on February 5, 2008, Director of National 
     Intelligence J. Michael McConnell stated, ``Al-Qa'ida has 
     been able to retain a safehaven in Pakistan's Federally 
     Administered Tribal Areas (FATA) that provides the 
     organization many of the advantages it once derived from its 
     base across the border in Afghanistan''.
       (4) The July 2007 National Intelligence Estimate states, 
     ``Al Qaeda is and will remain the most serious terrorist 
     threat to the Homeland''.
       (5) In testimony to the Permanent Select Committee on 
     Intelligence of the House of Representatives on February 7, 
     2008, Director of National Intelligence Michael McConnell 
     stated, ``Al-Qa'ida and its terrorist affiliates continue to 
     pose significant threats to the United States at home and 
     abroad, and al-Qa'ida's central leadership based in the 
     border area of Pakistan is its most dangerous component.''.
       (6) The ``National Strategy for Combating Terrorism'', 
     issued in September 2006, affirmed that long-term efforts are 
     needed to win the battle of ideas against the root causes of 
     the violent extremist ideology that sustains Al Qaeda and its 
     affiliates. The United States has obligated resources to 
     support democratic reforms and human development to undercut 
     support for violent extremism, including in the Federally 
     Administered Tribal Areas in Pakistan and the Sahel region of 
     Africa. However, 2 reports released by the Government 
     Accountability Office in 2008 (``Combating Terrorism: The 
     United States Lacks Comprehensive Plan to Destroy the 
     Terrorist Threat and Close the Safe Haven in Pakistan's 
     Federally Administered Tribal Areas'' (GAO-08-622, April 17, 
     2008) and ``Combating Terrorism: Actions Needed to Enhance 
     Implementation of Trans-Sahara Counterterrorism Partnership'' 
     (GAO-08-860, July 31, 2008)) found that ``no comprehensive 
     plan for meeting U.S. national security goals in the FATA 
     have been developed,'' and ``no comprehensive integrated 
     strategy has been developed to guide the [Sahel] program's 
     implementation''.
       (7) Such efforts to combat violent extremism and radicalism 
     must be undertaken using all elements of national power, 
     including military tools, intelligence assets, law 
     enforcement resources, diplomacy, paramilitary activities, 
     financial measures, development assistance, strategic 
     communications, and public diplomacy.
       (8) In the report entitled ``Suggested Areas for Oversight 
     for the 110th Congress'' (GAO-08-235R, November 17, 2006), 
     the Government Accountability Office urged greater 
     congressional oversight in assessing the effectiveness and 
     coordination of United States international programs focused 
     on combating and preventing the growth of terrorism and its 
     underlying causes.
       (9) Section 140(a) of the Foreign Relations Authorization 
     Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)) requires 
     that the Secretary of State submit annual reports to Congress 
     that detail key developments on terrorism on a country-by-
     country basis. These Country Reports on Terrorism provide 
     information on acts of terrorism in countries, major 
     developments in bilateral and multilateral counterterrorism 
     cooperation, and the extent of state support for terrorist 
     groups responsible for the death, kidnaping, or injury of 
     Americans, but do not assess the scope and efficacy of United 
     States counterterrorism efforts against Al Qaeda and its 
     related affiliates.
       (10) The Executive Branch submits regular reports to 
     Congress that detail the status of United States combat 
     operations in Iraq and Afghanistan, including a breakdown of 
     budgetary allocations, key milestones achieved, and measures 
     of political, economic, and military progress.
       (11) The Department of Defense compiles a report of the 
     monthly and cumulative incremental obligations incurred to 
     support the Global War on Terrorism in a monthly Supplemental 
     and Cost of War Execution Report.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) 7 years after the attacks on September 11, 2001, Al 
     Qaeda and its related affiliates remain the most serious 
     national security threat to the United States, with alarming 
     signs that Al Qaeda and its related affiliates recently 
     reconstituted their strength and ability to generate new 
     attacks throughout the world, including against the United 
     States;
       (2) there remains insufficient information on current 
     counterterrorism efforts undertaken by the Federal Government 
     and the level of success achieved by specific initiatives;
       (3) Congress and the American people can benefit from more 
     specific data and metrics that can provide the basis for 
     objective external assessments of the progress being made in 
     the overall war being waged against violent extremism;
       (4) the absence of a comparable timely assessment of the 
     ongoing status and progress of United States counterterrorism 
     efforts against Al Qaeda and its related affiliates in the 
     overall Global War on Terrorism hampers the ability of 
     Congress and the American people to independently determine 
     whether the United States is making significant progress in 
     this defining struggle of our time; and
       (5) the Executive Branch should submit a comprehensive 
     report to Congress, updated on an annual basis, which 
     provides a more strategic perspective regarding--
       (A) the United States' highest global counterterrorism 
     priorities;
       (B) the United States' efforts to combat and defeat Al 
     Qaeda and its related affiliates;
       (C) the United States' efforts to undercut long-term 
     support for the violent extremism that sustains Al Qaeda and 
     its related affiliates;
       (D) the progress made by the United States as a result of 
     such efforts;
       (E) the efficacy and efficiency of the United States 
     resource allocations; and
       (F) whether the existing activities and operations of the 
     United States are actually diminishing the national security 
     threat posed by Al Qaeda and its related affiliates.
       (d) Annual Counterterrorism Status Reports.--
       (1) In general.--Not later than July 31, 2009, and every 
     July 31 thereafter, the President shall submit a report, to 
     the Committee on Foreign Relations of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     the Committee on Armed Services of the Senate, the Committee 
     on Armed Services of the House of Representatives, the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, which contains, for the most recent 12-month 
     period, a review of the counterterrorism strategy of the 
     United States Government, including--
       (A) a detailed assessment of the scope, status, and 
     progress of United States counterterrorism efforts in 
     fighting Al Qaeda and its related affiliates and undermining 
     long-term support for violent extremism;
       (B) a judgment on the geographical region in which Al Qaeda 
     and its related affiliates pose the greatest threat to the 
     national security of the United States;
       (C) an evaluation of the extent to which the 
     counterterrorism efforts of the United States correspond to 
     the plans developed by the National Counterterrorism Center 
     and the goals established in overarching public statements of 
     strategy issued by the executive branch;
       (D) a description of the efforts of the United States 
     Government to combat Al Qaeda and its related affiliates and 
     undermine violent extremist ideology, which shall include--
       (i) a specific list of the President's highest global 
     counterterrorism priorities;
       (ii) the degree of success achieved by the United States, 
     and remaining areas for progress, in meeting the priorities 
     described in clause (i); and
       (iii) efforts in those countries in which the President 
     determines that--

       (I) Al Qaeda and its related affiliates have a presence; or
       (II) acts of international terrorism have been perpetrated 
     by Al Qaeda and its related affiliates;

       (E) the specific status and achievements of United States 
     counterterrorism efforts, through military, financial, 
     political, intelligence, and paramilitary elements, relating 
     to--
       (i) bilateral security and training programs;
       (ii) law enforcement and border security;
       (iii) the disruption of terrorist networks; and
       (iv) the denial of terrorist safe havens and sanctuaries;
       (F) a description of United States Government activities to 
     counter terrorist recruitment and radicalization, including--
       (i) strategic communications;
       (ii) public diplomacy;
       (iii) support for economic development and political 
     reform; and
       (iv) other efforts aimed at influencing public opinion;
       (G) United States Government initiatives to eliminate 
     direct and indirect international financial support for the 
     activities of terrorist groups;
       (H) a cross-cutting analysis of the budgets of all Federal 
     Government agencies as they relate to counterterrorism 
     funding to battle Al Qaeda and its related affiliates abroad, 
     including--
       (i) the source of such funds; and
       (ii) the allocation and use of such funds;
       (I) an analysis of the extent to which specific Federal 
     appropriations--
       (i) have produced tangible, calculable results in efforts 
     to combat and defeat Al Qaeda, its related affiliates, and 
     its violent ideology; or
       (ii) contribute to investments that have expected payoffs 
     in the medium- to long-term;
       (J) statistical assessments, including those developed by 
     the National Counterterrorism Center, on the number of 
     individuals belonging to Al Qaeda and its related affiliates 
     that have been killed, injured, or taken into custody as a 
     result of United States counterterrorism efforts; and
       (K) a concise summary of the methods used by National 
     Counterterrorism Center and other elements of the United 
     States Government to assess and evaluate progress in its 
     overall counterterrorism efforts, including the use of 
     specific measures, metrics, and indices.
       (2) Interagency cooperation.--In preparing a report under 
     this subsection, the President shall include relevant 
     information maintained by--

[[Page S8450]]

       (A) the National Counterterrorism Center and the National 
     Counterproliferation Center;
       (B) Department of Justice, including the Federal Bureau of 
     Investigation;
       (C) the Department of State;
       (D) the Department of Defense;
       (E) the Department of Homeland Security;
       (F) the Department of the Treasury;
       (G) the Office of the Director of National Intelligence,
       (H) the Central Intelligence Agency;
       (I) the Office of Management and Budget;
       (J) the United States Agency for International Development; 
     and
       (K) any other Federal department that maintains relevant 
     information.
       (3) Report classification.--Each report required under this 
     subsection shall be--
       (A) submitted in an unclassified form, to the maximum 
     extent practicable; and
       (B) accompanied by a classified appendix, as appropriate.
                                 ______
                                 
  SA 5488. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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 XII, add the following:

     SEC. 1233. BIENNIAL REPORT ON MILITARY POWER OF IRAN.

       (a) Biennial Reports Required.--
       (1) In general.--Not later than December 31, 2009, and 
     every two years thereafter through 2019, the Secretary of 
     Defense shall submit to the appropriate committees of 
     Congress a report on the current and future military and 
     security strategy of Iran.
       (2) General scope of reports.--Each report shall address 
     the current and probable future course of military-
     technological development of the Iranian military and the 
     tenets and probable development of the grand strategy, 
     security strategy, and military strategy, and of military 
     organizations and operational concepts of Iran.
       (3) Form.--Each report shall be submitted in both 
     unclassified and classified form.
       (b) Elements.--Each report under this section shall include 
     analyses and forecasts with respect to the following:
       (1) The goals of Iranian grand strategy, security strategy, 
     and military strategy.
       (2) The size, location, and capabilities of all land, sea, 
     air, and irregular forces of Iran, and any other force 
     controlled by the Iran Government or receiving funds or 
     training from the Iran Government.
       (3) Developments in and the capabilities of the ballistic 
     missile and any nuclear, chemical, and biological weapons 
     programs of Iran.
       (4) The degree to which Iran depends on unconventional, 
     irregular, or asymmetric capabilities to achieve its 
     strategic goals.
       (5) The irregular warfare capabilities of Iran, including 
     the exploitation of asymmetric strategies and related weapons 
     and technology, the use of covert forces, the use of proxy 
     forces, support for terrorist organizations, and strategic 
     communications efforts.
       (6) Efforts by Iran to develop, acquire, or gain access to 
     information, communication, nuclear, and other technologies 
     that would enhance its military capabilities.
       (7) The nature and significance of any arms, munitions, 
     military equipment, or military or dual-use technology 
     acquired by Iran from outside Iran, including from a foreign 
     government or terrorist organization, or provided by Iran to 
     any foreign government or terrorist organization.
       (8) The nature and significance of any bilateral or 
     multilateral security or defense-related cooperation 
     agreements, whether formal or informal, between Iran and any 
     foreign government or terrorist organization.
       (9) Expenditures by Iran on each of the following:
       (A) The security forces of Iran, whether regular and 
     irregular.
       (B) The programs of Iran relating to weapons of mass 
     destruction.
       (C) Support provided to terrorist groups, insurgent groups, 
     irregular proxy forces, and other non-state actors, and 
     related activities.
       (D) Assistance to other countries.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     International Relations of the House of Representatives.
                                 ______
                                 
  SA 5489. Mr. LIEBERMAN (for himself, Mr. Graham, and Mr. Lugar) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 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 360, after line 20, add the following:

     SEC. 1233. REPORT ON THE SECURITY SITUATION IN THE CAUCASUS.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the chairs and ranking minority members of the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate and the Committee on Foreign Affairs 
     and the Committee on Armed Services of the House of 
     Representatives a report in classified and unclassified form 
     on the defense requirements of the Republic of Georgia.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) a description of the security situation in the Caucasus 
     following the recent conflict between the Russian Federation 
     and the Republic of Georgia, including a description of any 
     Russian forces that continue to occupy internationally 
     recognized Georgian territory;
       (2) an assessment of the damage sustained by the armed 
     forces of Georgia in the recent conflict with the Russian 
     Federation;
       (3) an analysis of the defense requirements of the Republic 
     of Georgia following the conflict with the Russian 
     Federation, with a particular focus on the needs of the 
     republic of Georgia for enhanced air defenses and anti-armor 
     capabilities; and
       (4) detailed recommendations on how the Republic of 
     Georgia, with United States assistance, may improve its 
     capability for self-defense and more effectively control its 
     territorial waters and air space.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) Congress--
       (A) reaffirms its previous expressions of support for 
     continued enlargement of the North Atlantic Treaty 
     Organization (NATO) to include qualified candidates; and
       (B) supports the commitment to further enlargement of NATO 
     to include democratic governments that are able and willing 
     to meet the responsibilities of membership;
       (2) the expansion of NATO contributes to the continued 
     effectiveness and relevance of the organization;
       (3) Georgia and Ukraine have made important progress in the 
     areas of defense and democratic and human rights reform;
       (4) a stronger, deeper relationship among the Government of 
     Georgia, the Government of Ukraine, and NATO will be mutually 
     beneficial to those countries and to NATO member states;
       (5) the United States should take the lead and encourage 
     other member states of NATO to support the awarding of a 
     Membership Action Plan to Georgia and Ukraine as soon as 
     possible;
       (6) the United States Government should provide assistance 
     to help rebuild infrastructure in Georgia and continue to 
     develop its security partnership with the Government of the 
     Republic of Georgia by providing security assistance to the 
     armed forces of Georgia, as appropriate;
       (7) the United States should work with fellow NATO member 
     states to develop contingency plans and infrastructure to 
     address the security concerns of newly joined members;
       (8) the United States should expand efforts to promote the 
     development of democratic institutions, the rule of law, and 
     political parties in the independent states of the former 
     Soviet Union; and
       (9) the United States should work with its allies to ensure 
     secure, reliable energy transit routes in Central Asia, the 
     Caucasus, and Eastern Europe.
                                 ______
                                 
  SA 5490. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 907. REVIEW AND REPORT ON ORGANIZATIONAL STRUCTURE AND 
                   MISSIONS OF THE DEPARTMENT OF DEFENSE FOR CYBER 
                   OPERATIONS.

       (a) Review of Organizational Structure and Missions.--The 
     Secretary of Defense shall carry out a thorough review and 
     assessment of the organizational structure and missions of 
     the Department of Defense and the military departments for 
     cyber operations.
       (b) Scope of Review.--The review required by subsection (a) 
     shall address the following:
       (1) The chains of command for operations in cyberspace to 
     collect intelligence, defend Department of Defense 
     information networks and systems, and attack information 
     networks and systems, including whether such chains of 
     command or can be integrated effectively to ensure unity of 
     effort and timely responses.
       (2) The joint requirements for capabilities for offensive, 
     defensive, and intelligence collection operations in 
     cyberspace.
       (3) The manner in which the military departments and 
     Defense Agencies and commands have responded to fulfill joint 
     requirements and gaps between requirements and capabilities, 
     and the degree to which

[[Page S8451]]

     plans and programs in the current future-years defense 
     program will close such gaps.
       (4) The roles and missions of the organizations within the 
     Department of Defense and the military departments with major 
     cyberspace responsibilities, including the roles and missions 
     that would be assigned to an Air Force Cyber Command.
       (5) The role of the Department of Defense in defending the 
     United States and its critical infrastructure from attacks in 
     cyberspace, including a comparison and contrast between that 
     role and the role of the Department in defending the United 
     States from physical attack through the air, in space, and 
     from the ground and sea.
       (6) In the event of a large-scale mobilization and movement 
     of the Armed Forces, and the conduct of major military 
     operations overseas, the dependence of the Department of 
     Defense on, and its vulnerability to disruptions of, critical 
     infrastructure from hostile cyberspace attacks, and the 
     authorities and capabilities of Department and civil 
     officials to take action to protect military mobilization and 
     force projection overseas.
       (7) The chain of command from the President for operations 
     to defend the networks and information systems of the United 
     States Government as a whole, the executive departments and 
     independent agencies of the Government, and the critical 
     infrastructure of the United States from large-scale attacks 
     in cyberspace.
       (c) Report.--
       (1) In general.--Not later than October 1, 2009, the 
     Secretary shall submit to the congressional defense 
     committees a report setting forth the following:
       (A) A comprehensive description of the results of the 
     review required by subsection (a), including a description of 
     the results of each element of the review specified in 
     subsection (b).
       (B) Such recommendations for legislative or administrative 
     action as a result of the review as the Secretary considers 
     appropriate.
       (2) Form.--The report required by this subsection shall be 
     in unclassified form, but may include a classified annex.
                                 ______
                                 
  SA 5491. Mr. WARNER (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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. 1056. REPORT ON NATIONAL SECURITY IMPACT OF RISING 
                   GLOBAL FOOD PRICES AND WORLDWIDE SHORTAGES OF 
                   FOOD AND WATER.

       (a) Findings.--Congress makes the following findings:
       (1) Rising fuel prices, increased demand for food, and 
     distribution challenges in developing countries have 
     contributed to rising food prices, which are adversely 
     affecting the security and welfare of millions of people 
     worldwide.
       (2) In 2008, rising food prices sparked violent protests in 
     Haiti and Egypt, and have posed challenges to stability and 
     governance throughout the sub-Saharan region.
       (3) The lack of access to safe water and sanitation affects 
     more than 2,000,000,000 people worldwide, posing a 
     significant global security, environmental, and public health 
     concern. Climate change may exacerbate these challenges.
       (4) The World Health Report 2002 notes that effects of 
     climate change on human health will undoubtedly have a 
     greater impact on societies or individuals with scarce 
     resources, where technologies are lacking, and where 
     infrastructure and institutions such as the health sector are 
     least able to adapt.
       (5) The United States National Security Strategy dated 
     March, 2006 states that the United States faces new security 
     challenges, including ``environmental destruction, whether 
     caused by human behavior or cataclysmic mega-disasters such 
     as floods, hurricanes, earthquakes, or tsunamis. Problems of 
     this scope may overwhelm the capacity of local authorities to 
     respond, and may even overtax national militaries, requiring 
     a larger international response. These challenges are not 
     traditional national security concerns, such as the conflict 
     of arms or ideologies. But if left unaddressed they can 
     threaten national security.''.
       (b) Report on the National Security Impact of Rising Global 
     Food Prices and Worldwide Shortages of Food and Water.--
       (1) Requirement for report.--Not later than 180 days after 
     the date of enactment of this Act, the President shall submit 
     to Congress a report on the national security impact of 
     rising global food prices and worldwide shortages of food and 
     water.
       (2) Content.--The report required by paragraph (1) shall 
     include--
       (A) a description of the economic, geographic, ecological, 
     social, and political factors contributing to the rise in 
     price and shortage of worldwide food supplies;
       (B) a description of the impact of changing climate 
     patterns on global stability with respect to arable land and 
     water resources;
       (C) an assessment of the implications, if any, that might 
     exist for United States national security and future missions 
     for the Armed Forces given the potential social and political 
     consequences of shortages in the global supply of food and 
     water;
       (D) an assessment of the potential implications for future 
     demand for international humanitarian operations and other 
     international assistance activities given the potential 
     social and political consequences of shortages in the global 
     supply of food and water; and
       (E) an assessment of the national security implications for 
     the United States of succeeding or failing to succeed, with 
     other leading and emerging major contributors of greenhouse 
     gas emissions, in efforts to reduce emissions.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in an unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 5492. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 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. 556. SENSE OF SENATE ON MARINE CORPS PROFESSIONAL 
                   MILITARY EDUCATION.

       (a) Findings.--The Senate makes the following findings:
       (1) The Marine Corps University of the United States Marine 
     Corps was established in 1989 by the 29th Commandant of the 
     Marine Corps, General Alfred Gray USMC (ret.), with the 
     mission to develop, deliver, and evaluate professional 
     military education and training through resident and distance 
     education programs to prepare leaders to meet the challenges 
     of national security \and to preserve, promote, and display 
     the history and heritage of the Marine Corps.
       (2) The United States Marine Corps Professional Military 
     Education System educates members of the United States Marine 
     Corps, the United States Army, the United States Air Force, 
     the United States Navy, and the United States Coast Guard, 
     civilian employees of the Department of State, the Department 
     of Justice, the Central Intelligence Agency, and the 
     Department of Defense civilians, and military officers of 
     foreign countries.
       (3) The national security of the United States depends upon 
     Marines who are educated in a military education system that 
     produces creative, adaptable, and critical who thinkers able 
     to meet the challenges of warfare in the 21st century.
       (4) The Commandant of the United States Marine Corps' 
     Planning Guidance directed the President of the Marine Corps 
     University to assess the health of the professional military 
     education programs of the Marine Corps for both officers and 
     enlisted members and make recommendations for the 
     reorganization, resourcing, and adjustment of the number of 
     students enrolled in such programs.
       (5) In 2006, the Marine Corps University conducted a study 
     under the leadership of General Charles Wilhelm USMC (ret.), 
     to assess the health of the United States Marine Corps 
     Officer Professional Military Education Program. This study 
     concluded that the Officer Professional Military Education 
     System was generally sound. However, without investment in 
     facilities and information technology infrastructure, the 
     system will be increasingly unable to meet the needs of 
     Marine Corps officers, the Marine Corps generally, and the 
     Nation.
       (6) The Marine Corps has developed a comprehensive plan 
     that will address the inadequate information technology 
     infrastructure and the inadequate facilities with a realistic 
     military construction effort that will include the 
     construction of the new Academic Support Instructional 
     Facility for professional military education programs for 
     both officers and enlisted members.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the United States Marine Corps is to be congratulated for--
       (1) remarkable achievement in providing creative, adaptive, 
     and critical thinkers able to meet the challenges of warfare 
     in the 21st center and the defense of the United States;
       (2) conducting an in-depth, institutionally honest 
     assessment of the United States Marine Corps Professional 
     Military Education System; and
       (3) pursuing the noble goal of creating a worldwide, world-
     class professional military education institution.
                                 ______
                                 
  SA 5493. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 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:


[[Page S8452]]


       On page 458, between lines 12 and 13, insert the following:

     SEC. 2842. REQUIREMENTS PERTAINING TO CONSTRUCTION OF WALTER 
                   REED NATIONAL MEDICAL CENTER, BETHESDA, 
                   MARYLAND.

       (a) Findings.--The Senate makes the following findings:
       (1) Military personnel and their families, as well as 
     veterans and retired military personnel living in the 
     National Capital region, deserve to be treated in world class 
     medical facilities.
       (2) World class medical facilities are defined as 
     incorporating the best practices of the premier private 
     health facilities in the country as well as the collaborative 
     input of military health care professionals into a design 
     that supports the unique needs of military personnel and 
     their families.
       (3) The closure of the Walter Reed Army Medical Center in 
     Washington, D.C., and the resulting construction of the 
     National Military Medical Center at the National Naval 
     Medical Center, Bethesda, Maryland, and a new military 
     hospital at Fort Belvoir, Virginia, offers the Department of 
     Defense the opportunity to transition from antiquated 
     existing facilities into world class medical centers 
     providing the highest quality of joint service care for 
     military personnel.
       (4) Congress has supported a Department of Defense request 
     to expedite the construction of the new facilities at 
     Bethesda and Fort Belvoir in order to provide care in better 
     facilities as quickly as possible.
       (5) The Department of Defense has a responsibility to 
     ensure that the expedited design and construction of such 
     facilities do not result in degradation of the quality 
     standards required for world class facilities.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Secretary of Defense should immediately establish a 
     panel consisting of medical facility design experts, military 
     healthcare professionals, representatives of premier health 
     care facilities in the United States, and patient 
     representatives--
       (A) to review conceptual design plans for the National 
     Military Medical Center; and
       (B) to advise the Secretary whether the design, in the view 
     of the panel, will result in the goal of providing a world-
     class medical facility; and
       (2) if the panel determines that the conceptual design plan 
     will not meet such goal, the panel should, as soon as 
     possible but in no case later than 15 days after the date of 
     the enactment of this Act, make recommendations for changes 
     to those plans to ensure the construction of a world-class 
     medical facility.
       (c) Milestone Schedule.--
       (1) Preparation.--The Secretary of Defense shall prepare a 
     complete milestone schedule for the closure of Walter Reed 
     Army Medical Hospital, the design and construction of 
     replacement facilities at the National Naval Medical Center 
     and Fort Belvoir, and the relocation of operations to the 
     replacement facilities. The schedule shall include a detailed 
     plan regarding how the Department of Defense will carry out 
     the transition of operations between Walter Reed Army Medical 
     Hospital and the replacement facilities.
       (2) Submission.--The Secretary of Defense shall submit the 
     milestone schedule and transition plan prepared under 
     paragraph (1) to the congressional defense committees as soon 
     as possible, but in no case later than 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 5494. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 587. TASK FORCE ON DIVERSITY IN THE ARMED FORCES.

       (a) Establishment of Task Force.--
       (1) In general.--The Secretary of Defense shall establish 
     within the Department of Defense a task force to examine 
     matters related to diversity in the Armed Forces.
       (b) Composition.--
       (1) Membership.--The task force shall consist of not more 
     than 24 members appointed by the Secretary of Defense from 
     among individuals described in paragraph (2) who have 
     demonstrated expertise in managing diversity.
       (2) Eligible individuals.--The members of the task force 
     shall include the following:
       (A) The Director of the Defense Manpower Management Center.
       (B) One senior representative of the Office of the Deputy 
     Secretary of Defense for Plans.
       (C) One senior military member of each of the Army, the 
     Navy, the Air Force, and the Marine Corps who serves or has 
     served in a leadership position with either a military 
     department command or a combatant command.
       (D) One retired general or flag officer from each of the 
     Army, the Navy, the Air Force, and the Marine Corps.
       (E) One senior noncommissioned officer from each of the 
     Army, the Navy, the Air Force, and the Marine Corps.
       (F) Five retired senior officers who served in leadership 
     positions with either a military department command or 
     combatant command, of which no less than three shall 
     represent views of gender or ethnic specific groups.
       (G) Four individuals from outside the Department of Defense 
     with expertise in cultivating diversity in organizations.
       (H) An attorney with appropriate experience and expertise 
     in constitutional and legal matters relating to the duties 
     and recommendations of the task force.
       (3) Co-chairs.--The Secretary of Defense shall designate 
     two of the members of the task force under subparagraphs (F) 
     and (G) of paragraph (2) as co-chairs of the task force.
       (4) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the task force. Any vacancy in the 
     task force shall be filled in the same manner as the original 
     appointment.
       (5) Deadline for appointment.--All members of the task 
     force shall be appointed not later than 60 days after the 
     date of the enactment of this Act.
       (6) Quorum.--12 members of the task force shall constitute 
     a quorum but a lesser number may hold hearings.
       (c) Meetings.--
       (1) Initial meeting.--The task force shall conduct its 
     first meeting not later than 30 days after the date on which 
     a majority of the appointed members of the task force have 
     been appointed.
       (2) Meetings.--The task force shall meet at the call of the 
     co-chairs.
       (d) Duties.--
       (1) Study.--The task force shall study the diversity within 
     all grades of the Armed Forces. The study shall include a 
     comprehensive evaluation and assessment of policies that 
     provide opportunities for the advancement of all gender and 
     ethnic specific groups within the Armed Forces.
       (2) Scope of study.--In carrying out the study, the task 
     force shall examine the following:
       (A) Development of a uniform, Department of Defense-wide 
     definition of diversity that is congruent with the 
     Department's core values and vision for the future workforce.
       (B) The success of the current plans of the Department 
     (including the plans of the military departments) at 
     achieving diversity.
       (C) Existing metrics and milestones for evaluating the 
     diversity plans of the Department (including the plans of the 
     military departments) and for facilitating future evaluation 
     and oversight.
       (D) The effect of expanding Department of Defense secondary 
     educational programs, including service academy preparatory 
     schools, to diverse civilian populations.
       (E) Traditional military career paths for gender and ethnic 
     specific members of the Armed Forces, and possible 
     alternative career paths that could enhance professional 
     development.
       (F) The success of current recruitment and retention 
     practices in attracting and maintaining a sufficient number 
     of diverse, qualified individuals in officer pre-
     commissioning programs.
       (G) The success of current activities in increasing 
     continuation rates for ethnic and gender specific members of 
     the Armed Forces.
       (H) Pre-command billet assignments of gender and ethnic-
     specific members of the Armed Forces.
       (I) Command selection for gender and ethnic-specific 
     members of the Armed Forces.
       (J) The existence and maintenance of fair promotion, 
     assignment, and command opportunities for ethnic and gender 
     specific members of the Armed Forces at the warrant officer, 
     chief warrant officer, company grade/junior grade officer, 
     field grade/mid-grade officer, and general/flag officer 
     levels.
       (K) The current institutional structure of the Office of 
     Diversity Management and Equal Opportunity of the Department, 
     and of similar offices of the military departments, and their 
     ability to ensure effective and accountable diversity 
     management across the Department.
       (L) The benefits of conducting an annual conference 
     attended by civilian military, active duty and retired 
     military, and corporate leaders on diversity, to include a 
     review of current policy and the annual demographic data from 
     the Defense Equal Opportunity Management Institute.
       (M) Private sector practices that have successfully 
     cultivated diversity and diverse leadership.
       (N) The status of prior recommendations made to the 
     Department and the military departments, and to Congress, 
     concerning diversity initiatives within the Armed Forces.
       (O) Options for improving the substance or implementation 
     of current plans and policies of the Department, and of the 
     military departments, described in subparagraphs (B) through 
     (L).
       (3) Armed forces defined.--In this subsection, the term 
     ``Armed Forces'' means the Army, the Navy, the Air Force, the 
     Marine Corps, and the Coast Guard (whether or not it is 
     operating as a service in the Navy).
       (4) Consultation.--In carrying out the study under this 
     subsection, the task force may consult with appropriate 
     private, for profit, and non-profit organizations and 
     advocacy groups, and with appropriate Federal commissions 
     (including the Commission of the National Guard and 
     Reserves), to learn methods for developing, implementing, and 
     sustaining senior diverse leadership within the Department of 
     Defense.

[[Page S8453]]

       (e) Powers of the Task Force.--
       (1) Hearings.--The task force may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the task force considers 
     appropriate.
       (2) Information from federal agencies.--Upon request by the 
     co-chairs of the task force, any department or agency of the 
     Federal Government may provide information that the task 
     force considers necessary to carry out its duties.
       (f) Task Force Personnel Matters.--
       (1) Compensation of members.--Each member of the task force 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the task force. All members of the task force who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (2) Travel expenses.--The members of the task force shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the task force.
       (3) Staff.--
       (A) In general.--The co-chairs of the task force may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the task 
     force to perform its duties. The employment of an executive 
     director shall be subject to confirmation by the task force.
       (B) Compensation.--The co-chairs of the task force may fix 
     the compensation of the executive director and other 
     personnel of the task force without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to the classification of 
     position and General Schedule pay rates, except that the rate 
     of pay for the executive director and other personnel may not 
     exceed the rate payable for level V of the Executive Schedule 
     under section 5316 of such title.
       (g) Reports.--
       (1) Initial report.--Not later than three months after the 
     first meeting of the task force, the task force shall submit 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report setting forth the following:
       (A) A strategic plan for the work of the task force.
       (B) A discussion of the activities of the task force as of 
     the date of the report.
       (C) Any initial findings of the task force as of the date 
     of the report.
       (2) Final report.--Not later than twelve months after the 
     first meeting of the task force, the task force shall submit 
     to the Secretary of Defense, and to the committees of 
     Congress referred to in paragraph (1), a report on the study 
     required by subsection (d). The report shall include the 
     following:
       (A) The findings and conclusions of the task force as a 
     result of the study.
       (B) Such recommendations as the task force considers 
     necessary in order to increase recruitment, retention, 
     promotion, and accession of gender and ethnic specific groups 
     in order to achieve and maintain diversity at all levels of 
     the Armed Forces.
       (C) Such other information and recommendations the task 
     force considers appropriate.
       (3) Interim reports.--The task force may submit to the 
     Secretary of Defense, and to the committees of Congress 
     referred to in paragraph (1), such additional interim reports 
     as the task force considers appropriate.
       (h) Termination of Task Force.--The task force shall 
     terminate 60 days after the date on which the task force 
     submits the report under subsection (g)(2).
       (i) Funding.--Amounts for the task force in carrying out 
     its duties under this section shall be derived from amounts 
     authorized to be appropriated by this division.
                                 ______
                                 
  SA 5495. Mr. NELSON (for himself and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 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 VII, add the following:

     SEC. 714. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS 
                   OF THE RESERVE COMPONENTS ON ACTIVE DUTY FOR 
                   MORE THAN 30 DAYS IN SUPPORT OF A CONTINGENCY 
                   OPERATION.

       Section 1145(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)(A), by inserting ``except as provided 
     in paragraph (3),'' before ``medical and dental care'';
       (2) by redesignating paragraphs (3), (4), (5), and (6) as 
     paragraphs (4), (5), (6), and (7), respectively;
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) In the case of a member described in paragraph 
     (2)(B), the dental care to which the member is entitled under 
     this subsection shall be the dental care to which a member of 
     the uniformed services on active duty for more than 30 days 
     is entitled under section 1074 of this title.''; and
       (4) in subparagraph (A) of paragraph (6), as redesignated 
     by paragraph (2) of this section, by striking ``paragraph 
     (4)'' and inserting ``paragraph (5)''.
                                 ______
                                 
  SA 5496. Mr. NELSON of Nebraska (for himself and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VII, insert the 
     following:

     SEC. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS UNDER THE 
                   TRICARE DENTAL PROGRAM.

       Section 1076a(k)(3) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following:
       ``, except that, in the case of a dependent described by 
     subparagraph (D) or (I) of section 1072(2) of this title, the 
     period of continuing eligibility shall be the longer of the 
     following periods beginning on such date:
       ``(A) Three years.
       ``(B) The period ending on the date on which the dependent 
     attains 21 years of age.
       ``(C) In the case of a dependent who, at 21 years of age, 
     is enrolled in a full-time course of study at an institution 
     of higher learning approved by the administering Secretary 
     and is, or was, at the time of the member's death, in fact 
     dependent on the member for over one-half of the dependent's 
     support, the period ending on the earlier of the following 
     dates:
       ``(i) The date on which the dependent ceases to pursue such 
     a course of study, as determined by the administering 
     Secretary.
       ``(ii) The date on which the dependent attains 23 years of 
     age''.
                                 ______
                                 
  SA 5497. Mr. NELSON of Nebraska (for himself, Mr. Graham, Mr. 
Voinovich, and Mr. Corker) submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1083. NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MILITARY 
                   PERSONNEL.

       (a) Definitions.--In this section:
       (1) Active duty.--The term ``active duty'' means full-time 
     duty in the armed forces. In the case of a member of a 
     reserve component of the armed forces, including a member of 
     the National Guard performing full-time National Guard duty, 
     the term does not include training duties or attendance at 
     schools.
       (2) Permanent change of station.--The term ``permanent 
     change of station'' has the meaning given that term in 
     Appendix A, Volume 1 of the Department of Defense Joint 
     Federal Travel Regulations.
       (3) Totally disabled retired or separated member of the 
     armed forces.--The term ``totally disabled retired or 
     separated member of the armed forces'' means an individual 
     who--
       (A) is retired from the armed forces under chapter 61 of 
     title 10, United States Code, with a disability rating at the 
     time of retirement of 100 percent disabled or;
       (B) has a disability rating of 100 percent from the 
     Department of Veterans Affairs.
       (b) Appointment Authority.--(1) Under such regulations as 
     the Director of the Office of Personnel Management shall 
     prescribe, the head of an agency may make a noncompetitive 
     appointment to a position in the competitive service to which 
     the appointee is qualified of--
       (A) the spouse of a member of the armed forces who, as 
     determined by the Secretary of Defense, is performing active 
     duty under orders that authorize a permanent change of 
     station;
       (B) the spouse of a totally disabled retired or separated 
     member of the armed forces; or
       (C) the unremarried widow or widower of a member of the 
     armed forces who died on active duty.
       (2) An appointment under paragraph (1)--
       (A) of an individual described in paragraph (1)(A) may only 
     be made--
       (i) not more than 2 years after the station is permanently 
     changed under the orders; and
       (ii) to a duty station in the same geographical area as the 
     changed permanent station;

[[Page S8454]]

       (B) of an individual described in paragraph (1)(B) may only 
     be made not more than 2 years after--
       (i) the retirement of the member of the armed forces 
     described in subsection (a)(3)(A);
       (ii) the member of the armed forces described in subsection 
     (a)(3)(B) received a disability rating described in that 
     subsection; and
       (C) of an individual described in paragraph (1)(C) may only 
     be made not more than 2 years after the death of the member 
     of the armed forces.
       (3)(A) During any time period described in paragraph 
     (2)(A)(i), (B), or (C), an individual may receive no more 
     than 1 permanent appointment under paragraph (1).
       (B) Any individual who received an appointment under 
     paragraph (1) during the period described in paragraph (2)(B) 
     may not receive an appointment during the period described in 
     paragraph (2)(C).
       (4) Before the head of an agency may make an appointment 
     under paragraph (1), the head of the agency shall, at least 
     to an extent that satisfies the requirements of applicable 
     law and regulation, provide advance notice of the vacancy to 
     employees of the agency and to others.
       (c) Status of Preference Eligibles.--Nothing in this 
     section shall be construed to deprive an individual who is a 
     preference eligible of a preference in hiring over an 
     individual who is not a preference eligible.
       (d) Report to Congress.--(1) Not later than 4 years after 
     the date of enactment of this Act, the Director of the Office 
     of Personnel Management shall, in consultation with and with 
     the assistance of the Secretary of Defense, prepare a report 
     on activities carried out under this section and shall submit 
     it to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Armed Services of the Senate; 
     and
       (B) the Committee on Government Oversight and Reform and 
     the Committee on Armed Services of the House of 
     Representatives.
       (2) The report shall include--
       (A) findings and conclusions regarding--
       (i) the extent to which the exercise of the authority under 
     this section has served the public interest;
       (ii) the extent to which the exercise of the authority 
     under this section has had consequences that are counter to 
     the public interest; and
       (iii) opinions of spouses of members of the armed services 
     and of employees and managers of agencies where appointments 
     under subsection (b)(1) were made with respect to the 
     authority under this section and its exercise;
       (B) any available and appropriate quantitative, as well as 
     qualitative, measures to support the findings and conclusions 
     in subparagraph (A); and
       (C) recommendations as to whether the authority under this 
     section should be reauthorized, and, if so, recommendations 
     whether the authority should be made permanent and codified 
     within title 5 of the United States Code and recommendations 
     for any amendments to this section.
       (e) Termination of Authority.--The authority to make an 
     appointment under this section shall terminate 5 years after 
     the date of enactment of this Act.

                          ____________________