[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 11843-11867]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4332. Mr. BURNS (for himself and Mr. Santorum) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, 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. 587. FUNERAL CEREMONIES FOR VETERANS.

       (a) Support for Ceremonies by Details Consisting Solely of 
     Members of Veterans and Other Organizations.--
       (1) Support of ceremonies.--Section 1491 of title 10, 
     United States Code, is amended--
       (A) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (f), (g), (h), and (i), respectively; and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Funeral Ceremonies for Veterans Provided by Details 
     Other Than Funeral Honor Details.--In the case of funeral 
     honors at the funeral of a veteran that are provided by a 
     detail that consists solely of members of veterans 
     organizations or other organizations referred to in 
     subsection (b)(2), the Secretary of the military department 
     of which the veteran was a member shall support the provision 
     of such funeral honors through provision to each of not more 
     than three persons who participates in the detail the daily 
     stipend prescribed under subsection (d)(2).''.
       (2) Conforming amendments.--Such section is further 
     amended--

[[Page 11844]]

       (A) in subsection (d)(2), by inserting ``and subsection 
     (e)'' after ``paragraph (1)(A)''; and
       (B) in paragraph (1) of section (f), as redesignated by 
     subsection (a)(1) of this section, by inserting ``(other than 
     a requirement in subsection (e)'' after ``pursuant to this 
     section''.
       (b) Use of Excess M-1 for Ceremonial and Other Purposes.--
     Section 4683 of such title is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(3) Rifles loaned or donated under paragraph (1) may be 
     used by an eligible designee for funeral ceremonies of a 
     member or former member of the armed forces and for other 
     ceremonial purposes.'';
       (2) in subsection (c), by inserting after 
     ``accountability'' the following: ``, provided that such 
     conditions do not unduly hamper eligible designees from 
     participating in funeral ceremonies of a member or former 
     member of the armed forces or other ceremonies'';
       (3) in subsection (d)--
       (A) in paragraph (2), by striking ``; or'' and inserting 
     ``or fire department;'';
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(4) any other member in good standing of an organization 
     described in paragraphs (1), (2), or (3).''; and
       (4) by adding at the end the following new subsection:
       ``(e) Eligible Designee Defined.--In this section, the term 
     `eligible designee' means a designee of an eligible 
     organization who--
       ``(1) is a spouse, son, daughter, nephew, niece, or other 
     family relation of a member or former member of the armed 
     forces;
       ``(2) is at least 18 years of age; and
       ``(3) has successfully completed a formal firearm training 
     program or a hunting safety program.''.
                                 ______
                                 
  SA 4333. Mr. NELSON of Florida (for himself and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill S. 
2766, to authorize appropriations for fiscal year 2007 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 662. PILOT PROJECT ON PROVISION OF GOLF CARTS ACCESSIBLE 
                   FOR DISABLED PERSONS AT MILITARY GOLF COURSES.

       (a) Pilot Project Required.--The Secretary of Defense shall 
     conduct a pilot project for the purpose of--
       (1) assessing the feasibility of making available, as soon 
     as practicable at all military golf courses in the United 
     States, an adequate supply of golf carts that are accessible 
     for disabled persons authorized to use such courses; and
       (2) developing a Department of Defense-wide campaign to 
     increase the awareness among such disabled persons of the 
     availability of accessible golf carts and to promote the use 
     of military golf courses by such disabled persons.
       (b) Selection of Military Golf Courses.--
       (1) Number of golf courses.--The Secretary shall conduct 
     the pilot project at five military golf courses selected by 
     the Secretary for purposes of the pilot project, including a 
     military golf course located in the National Capital Region.
       (2) Considerations.--The military golf courses so selected 
     shall--
       (A) be geographically dispersed; and
       (B) be selected after consideration of the relative higher 
     density of disabled members of the Armed Forces and military 
     retirees in the vicinity of their installations.
       (3) Limitation.--The Secretary may not select a military 
     golf course to participate in the pilot project if that 
     military golf course already has golf carts that are 
     accessible for disabled persons.
       (c) Required Number of Accessible Golf Carts.--The 
     Secretary shall provide at least two golf carts accessible to 
     disabled persons at each pilot project location.
       (d) Acceptance of Golf Carts From Private Sources.--
     Notwithstanding any other provision of law, the Secretary may 
     accept and utilize for purposes of the pilot project golf 
     carts accessible to disabled persons that are donated to the 
     Department for purposes of the pilot project.
       (e) Department of Defense Health Care Awareness.--Military 
     medical treatment facilities shall provide information to 
     patients about the pilot project and the availability of golf 
     carts accessible to disabled persons at military golf courses 
     participating in the pilot project and at other military golf 
     courses that already provide such golf carts.
       (f) Duration.--The Secretary shall conduct the pilot 
     project for two years.
       (f) Report Required.--Not later than December 31, 2007, the 
     Secretary, acting through the Under Secretary of Defense for 
     Personnel and Readiness, shall submit to the congressional 
     defense committees a report containing--
       (1) the results of the pilot project; and
       (2) recommendations on the feasibility and advisability of 
     expanding the pilot project to other military golf courses.
                                 ______
                                 
  SA 4334. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1084. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
                   PURPOSES RELATING TO IRAQ.

       No funds authorized to be appropriated by this Act, or any 
     other Act, may be obligated or expended for a purpose as 
     follows:
       (1) To establish a permanent United States military 
     installation or base in Iraq.
       (2) To exercise United States control over the oil 
     resources of Iraq.
                                 ______
                                 
  SA 4335. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2766, to authorize appropriations for 
fiscal year 2007 for military activities for the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 924. INCLUSION OF HOMELAND DEFENSE AND CIVIL SUPPORT 
                   MISSIONS OF THE NATIONAL GUARD AND RESERVES IN 
                   THE QUADRENNIAL DEFENSE REVIEW.

       Section 118(d) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (15) as paragraph (16); and
       (2) by inserting after paragraph (14) the following new 
     paragraph (15):
       ``(15) The homeland defense mission and the civil support 
     mission of the reserve components of the armed forces, 
     including the organization and capabilities required for the 
     reserve components to discharge each such mission.''.
                                 ______
                                 
  SA 4336. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2766, to authorize appropriations for 
fiscal year 2007 for military activities for the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, 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. 587. REPORT ON OMISSION OF SOCIAL SECURITY NUMBERS ON 
                   MILITARY IDENTIFICATION CARDS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth the assessment of the 
     Secretary of the feasibility of utilizing military 
     identification cards that do not contain, display or exhibit 
     the Social Security Number of the individual identified by 
     such military identification card.
       (b) Military Identification Card Defined.--In this section, 
     the term ``military identification card'' has the meaning 
     given the term ``military ID card'' in section 1060b(b)(1) of 
     title 10, United States Code.
                                 ______
                                 
  SA 4337. Mr. REID (for himself, Mr. Durbin, Mr. Biden, Mr. Levin, Mr. 
Menendez, Mr. Lautenberg, and Mr. Rockefeller) submitted an amendment 
intended to be proposed by him to the bill S. 2766, to authorize 
appropriations for fiscal year 2007 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1209. INTELLIGENCE ON IRAN.

       (a) Submittal to Congress of Updated National Intelligence 
     Estimate on Iran.--
       (1) Submittal required.--As soon as is practicable, but not 
     later than 90 days after the date of the enactment of this 
     Act, the Director of National Intelligence shall submit to 
     Congress an updated National Intelligence Estimate on Iran.

[[Page 11845]]

       (2) Notice regarding submittal.--If the Director determines 
     that the National Intelligence Estimate required by paragraph 
     (1) cannot be submitted by the date specified in that 
     paragraph, the Director shall submit to Congress a report 
     setting forth--
       (A) the reasons why the National Intelligence Estimate 
     cannot be submitted by such date; and
       (B) an estimated date for the submittal of the National 
     Intelligence Estimate.
       (3) Form.--The National Intelligence Estimate under 
     paragraph (1) shall be submitted in classified form. 
     Consistent with the protection of intelligence sources and 
     methods, an unclassified summary of the key judgments of the 
     National Intelligence Estimate should be submitted.
       (4) Elements.--The National Intelligence Estimate submitted 
     under paragraph (1) shall address the following:
       (A) The foreign policy and regime objectives of Iran.
       (B) The current status of the nuclear programs of Iran, 
     including--
       (i) an assessment of the current and projected capabilities 
     of Iran to design a nuclear weapon, to produce plutonium, 
     enriched uranium, and other weapons materials, to build a 
     nuclear weapon, and to deploy a nuclear weapon; and
       (ii) an assessment of the intentions of Iran regarding 
     possible development of nuclear weapons, the motivations 
     underlying such intentions, and the factors that might 
     influence changes in such intentions.
       (C) The military and defense capabilities of Iran, 
     including any non-nuclear weapons of mass destruction 
     programs and related delivery systems.
       (D) The relationship of Iran with terrorist organizations, 
     the use by Iran of terrorist organizations in furtherance of 
     its foreign policy objectives, and the factors that might 
     cause Iran to reduce or end such relationships.
       (E) The prospects for support from the international 
     community for various potential courses of action with 
     respect to Iran, including diplomacy, sanctions, and military 
     action.
       (F) The anticipated reaction of Iran to the courses of 
     action set forth under subparagraph (E), including an 
     identification of the course or courses of action most likely 
     to successfully influence Iran in terminating or moderating 
     its policies of concern.
       (G) The level of popular and elite support within Iran for 
     the Iran regime, and for its civil nuclear program, nuclear 
     weapons ambitions, and other policies, and the prospects for 
     reform and political change within Iran.
       (H) The views among the populace and elites of Iran with 
     respect to the United States, including views on direct 
     discussions with or normalization of relations with the 
     United States.
       (I) The views among the populace and elites of Iran with 
     respect to other key countries involved in nuclear diplomacy 
     with Iran.
       (J) The likely effects and consequences of any military 
     action against the nuclear programs or other regime interests 
     of Iran.
       (K) The confidence level of key judgments in the National 
     Intelligence Estimate, the quality of the sources of 
     intelligence on Iran, the nature and scope of any gaps in 
     intelligence on Iran, and any significant alternative views 
     on the matters contained in the National Intelligence 
     Estimate.
       (b) Presidential Report on Policy Objectives and United 
     States Strategy Regarding Iran.--
       (1) Report required.--As soon as is practicable, but not 
     later than 90 days after the date of the enactment of this 
     Act, the President shall submit to Congress a report on the 
     following:
       (A) The objectives of United States policy on Iran.
       (B) The strategy for achieving such objectives.
       (2) Form.--The report under paragraph (1) shall be 
     submitted in unclassified form with a classified annex, as 
     appropriate.
       (3) Elements.--The report submitted under paragraph (1) 
     shall--
       (A) address the role of diplomacy, incentives, sanctions, 
     other punitive measures and incentives, and other programs 
     and activities relating to Iran for which funds are provided 
     by Congress; and
       (B) summarize United States contingency planning regarding 
     the range of possible United States military actions in 
     support of United States policy objectives with respect to 
     Iran.
       (c) Director of National Intelligence Report on Process for 
     Vetting and Clearing Administration Officials' Statements 
     Drawn From Intelligence.--
       (1) Report required.--As soon as is practicable, but not 
     later than 90 days after the date of the enactment of this 
     Act, the Director of National Intelligence shall submit to 
     Congress a report on the process for vetting and clearing 
     statements of Administration officials that are drawn from or 
     rely upon intelligence.
       (2) Elements.--The report shall--
       (A) describe current policies and practices of the Office 
     of the Director of National Intelligence and the intelligence 
     community for--
       (i) vetting and clearing statements of senior 
     Administration officials that are drawn from or rely upon 
     intelligence; and
       (ii) how significant misstatements of intelligence that may 
     occur in public statements of senior public officials are 
     identified, brought to the attention of any such officials, 
     and corrected;
       (B) assess the sufficiency and adequacy of such policies 
     and practices; and
       (C) include any recommendations that the Director considers 
     appropriate to improve such policies and practices.
                                 ______
                                 
  SA 4338. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 151, line 13, strike ``or the Secretary of 
     Defense'' and insert ``, the Secretary of Defense, or the 
     Secretary of the military department concerned''.
       On page 152, line 21, strike ``or the Secretary of 
     Defense'' and insert ``, the Secretary of Defense, or the 
     Secretary of the military department concerned''.
                                 ______
                                 
  SA 4339. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 549, between lines 2 and 3, insert the following:

     SEC. 2834. ESTABLISHMENT OF DEFENSE BASE CLOSURE AND 
                   REALIGNMENT REVIEW BOARD.

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

     ``SEC. 2915. DEFENSE BASE CLOSURE AND REALIGNMENT REVIEW 
                   BOARD.

       ``(a) Establishment.--There is established an independent 
     board to be known as the Defense Base Closure and Realignment 
     Review Board (hereafter in this section referred to as the 
     `Board').
       ``(b) Membership.--
       ``(1) Composition.--The Board shall be composed of 11 
     members appointed by the President, of whom--
       ``(A) 7 shall be voting members, appointed by and with the 
     consent of the Senate, who have broad-based private sector 
     experience in the areas of real estate management, banking, 
     investments, auditing, and national security, of whom--
       ``(i) 4 shall be nominated by the President based on the 
     respective recommendations of the majority leader of the 
     Senate, the minority leader of the Senate, the Speaker of the 
     House of Representatives, and the minority leader of the 
     House of Representatives; and
       ``(ii) one shall be designated by the President to serve as 
     Chairman of the Board;
       ``(B) 4 shall be non-voting members, serving at the 
     pleasure of the President, of whom--
       ``(i) one shall be an official of the Department of 
     Defense;
       ``(ii) one shall be an official of the Environmental 
     Protection Agency; and
       ``(iii) 2 shall be Federal Government officials (other than 
     the officials described in clauses (i) and (ii)) designated 
     by the President after consultation with the Comptroller 
     General of the United States.
       ``(2) Date.--The appointments of the members of the Board 
     shall be made not later than 120 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2007.
       ``(c) Period of Appointment; Vacancies.--
       ``(1) Period of appointment.--Members shall be appointed 
     for a term of not more than 6 years, and may be reappointed 
     by the President. The terms of not more than 4 members may 
     expire during any one year.
       ``(2) Vacancies.--Any vacancy in the Board shall not affect 
     its powers, but shall be filled in the same manner as the 
     original appointment and subject to any conditions that 
     applied with respect to the original appointment. An 
     individual chosen to fill a vacancy shall be appointed for 
     the unexpired term of the member replaced.
       ``(d) Duties.--The Board shall carry out the following 
     duties:
       ``(1) Ensuring compliance by the Department of Defense and 
     the military departments with the recommendations of the 
     Commission that were approved in the report submitted by the 
     President to Congress under section 2903 as part of the 2005 
     round of defense base closure and realignment.

[[Page 11846]]

       ``(2) Reviewing and analyzing the property conveyance 
     policies of the Office of the Secretary of Defense and the 
     military departments.
       ``(3) Assessing the effectiveness of such property 
     conveyance policies.
       ``(4) Assessing the adequacy of funding related to the 
     implementation of the approved recommendations of the 
     Commission, including funding for environmental remediation.
       ``(e) Reports.--
       ``(1) Annual report.--
       ``(A) In general.--Not later than October 31, 2007, and 
     annually thereafter for the next 4 years, the Board shall 
     submit to Congress and the President a report on the 
     implementation of the recommendations of the Commission that 
     were approved in the report submitted by the President to 
     Congress under section 2903 as part of the 2005 round of 
     defense base closure and realignment.
       ``(B) Content.--Each report submitted under subparagraph 
     (A) shall--
       ``(i) track and monitor the use of the Department of 
     Defense Base Closure Account 2005 established by section 
     2906A;
       ``(ii) describe the implementation by each military 
     department of the approved recommendations of the Commission, 
     including any related annual net savings;
       ``(iii) describe the implementation of privatization plans;
       ``(iv) describe any environmental remediation undertaken by 
     the Department of Defense, and the related costs; and
       ``(v) describe the effect, if any, of the closure or 
     realignment of military installations under the 2005 round of 
     defense base closure and realignment on the international 
     treaty obligations of the United States.
       ``(C) Cooperation of department of defense.--The Secretary 
     of Defense and the Secretaries of the military departments 
     shall cooperate with and provide such support to the Board as 
     may be needed for the purpose of preparing reports under this 
     paragraph.
       ``(2) Special report on alternative processes for closed 
     and realigned military installations.--
       ``(A) In general.--Not later than January 30, 2008, the 
     Board shall submit to Congress and the President a report on 
     the status of military installations scheduled for closure 
     and realignment under the 2005 round of defense base closure 
     and realignment.
       ``(B) Content.--The report submitted under subparagraph (A) 
     shall--
       ``(i) include the results and detailed analysis of a study 
     of the implementation of the recommendations made by the 
     Commission that were approved in the report submitted by the 
     President to Congress under section 2903 as part of the 2005 
     round of defense base closure and realignment;
       ``(ii) examine the feasibility of categorizing military 
     installations scheduled for closure and realignment as--

       ``(I) properties that are the subject of negotiations with 
     local redevelopment authorities or other parties for re-use 
     or rezoning, and which may require special financing 
     arrangements such as loans, loan guarantees, investments, 
     environmental bonds and insurance, or other arrangements in 
     order to transfer title and use to municipal, State, or 
     private sector entities; and
       ``(II) properties that are sites on the National Priorities 
     List developed by the President in accordance with section 
     105(a)(8)(B) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9605(a)(8)(B)) or that have significant environmental 
     remediation problems requiring long-term management and 
     oversight; and

       ``(iii) include a detailed examination of the feasibility 
     of--

       ``(I) using one or more corporate models, including a 
     public-private corporate model such as a foundation with a 
     dedicated endowment, for transferring, managing, and 
     preparing military installations closed or realigned since 
     1988 as part of the defense base closure and realignment 
     process; and
       ``(II) using a public-private corporation to handle 
     properties designated pursuant to clause (ii)(I) and a 
     foundation to handle properties designated pursuant to clause 
     (ii)(II).

       ``(C) Consultation with other agencies.--In completing the 
     study required under this paragraph, the Board shall consult 
     with the Secretary of Defense, the Secretaries of the 
     military departments, the Comptroller General of the United 
     States, the Administrator of the Environmental Protection 
     Agency, the Administrator of the Federal Aviation 
     Administration, the Secretary of Housing and Urban 
     Development, and the Secretary of the Interior.
       ``(3) Final report.--Not later than December 31, 2011, the 
     Board shall submit to Congress and the President a final 
     report on the implementation of the recommendations of the 
     Commission that were approved in the report submitted by the 
     President to Congress under section 2903 as part of the 2005 
     round of defense base closure and realignment. The report 
     shall include a review of the defense base closure and 
     realignment process and any recommendations of the Board for 
     changes in such process.
       ``(f) Meetings.--
       ``(1) In general.--Each meeting of the Board, other than 
     meetings in which classified information is to be discussed, 
     shall be open to the public.
       ``(2) Access to proceedings, information, and 
     deliberations.--All the proceedings, information, and 
     deliberations of the Board shall be open, upon request, to 
     the following:
       ``(A) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness and Management Support of the 
     Committee on Armed Services of the Senate, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       ``(B) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness of the Committee on Armed 
     Services of the House of Representatives, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       ``(C) The Chairman and ranking minority party member of the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committees on Appropriations of 
     the Senate or such other members of the Subcommittee 
     designated by such Chairman or ranking minority party member.
       ``(D) The Chairman and ranking minority party member of the 
     Subcommittee on Military Quality of Life and Veterans' 
     Affairs, and Related Agencies of the Committees on 
     Appropriations of the House of Representatives, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       ``(g) Board Personnel Matters.--
       ``(1) Compensation of members.--
       ``(A) In general.--Each member of the Board, other than the 
     Chairman, who is not an officer or employee of the Federal 
     Government shall be compensated at a rate equivalent to the 
     daily equivalent of the annual rate of basic pay payable 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 Board. All members of the Board who are 
     officers or employees of the Federal Government shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the Federal Government.
       ``(B) Chairman.--The Chairman shall be compensated at a 
     rate equivalent to the daily equivalent to the annual rate of 
     basic pay payable for level III of the Executive Schedule 
     under section 5314 of title 5, United States Code.
       ``(2) Travel expenses.--The members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       ``(3) Director.--The Chairman of the Board may, without 
     regard to the civil service laws and regulations, appoint a 
     Director, who shall be paid at the rate of basic pay 
     equivalent to level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code. The employment 
     of the Director shall be subject to confirmation by the 
     Board.
       ``(4) Appointment of staff.--The Director may, with the 
     approval of the Board, appoint up to 25 staff members to 
     enable the Board to perform its duties, and fix the 
     compensation of such staff without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and the General Schedule pay rates, except that the rate of 
     pay may not exceed the rate of basic pay equivalent to level 
     IV of the Executive Schedule under section 5315 of such 
     title.
       ``(5) Procurement of temporary and intermittent services.--
     The Board may procure temporary and intermittent services 
     under section 3109(b) of title 5, United States Code.
       ``(h) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Board such funds as are 
     necessary to carry out its duties under this section. Such 
     funds shall remain available until expended.
       ``(2) Transfer of funds.--If the Chairman of the Board 
     certifies to the Secretary of Defense that insufficient funds 
     are appropriated to the Board in any fiscal year, the 
     Secretary of Defense shall, not later than 30 days after 
     receiving such certification, transfer to the Board from the 
     Department of Defense Base Closure Account 2005 established 
     by section 2906A the amount requested by the Board in the 
     certification. Such funds shall remain available until 
     expended.
       ``(i) Inapplicability of FACA.--The requirements of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the activities of the Board.
       ``(j) Termination.--The Board shall terminate 90 days after 
     the submission of the final report required under subsection 
     (e)(3).''.
                                 ______
                                 
  SA 4340. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other

[[Page 11847]]

purposes; which was ordered to lie on the table; as follows:

       On page 549, between lines 2 and 3, insert the following:

     SEC. 2834. ESTABLISHMENT OF DEFENSE BASE CLOSURE AND 
                   REALIGNMENT REVIEW BOARD.

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

     ``SEC. 2915. DEFENSE BASE CLOSURE AND REALIGNMENT REVIEW 
                   BOARD.

       ``(a) Establishment.--There is established an independent 
     board to be known as the Defense Base Closure and Realignment 
     Review Board (hereafter in this section referred to as the 
     `Board').
       ``(b) Membership.--
       ``(1) Composition.--The Board shall be composed of 11 
     members appointed by the President, of whom--
       ``(A) 7 shall be voting members, appointed by and with the 
     consent of the Senate, who have broad-based private sector 
     experience in the areas of real estate management, banking, 
     investments, auditing, and national security, of whom--
       ``(i) 4 shall be nominated by the President based on the 
     respective recommendations of the majority leader of the 
     Senate, the minority leader of the Senate, the Speaker of the 
     House of Representatives, and the minority leader of the 
     House of Representatives; and
       ``(ii) one shall be designated by the President to serve as 
     Chairman of the Board;
       ``(B) 4 shall be non-voting members, serving at the 
     pleasure of the President, of whom--
       ``(i) one shall be an official of the Department of 
     Defense;
       ``(ii) one shall be an official of the Environmental 
     Protection Agency; and
       ``(iii) 2 shall be Federal Government officials (other than 
     the officials described in clauses (i) and (ii)) designated 
     by the President after consultation with the Comptroller 
     General of the United States.
       ``(2) Date.--The appointments of the members of the Board 
     shall be made not later than 120 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2007.
       ``(c) Period of Appointment; Vacancies.--
       ``(1) Period of appointment.--Members shall be appointed 
     for a term of not more than 6 years, and may be reappointed 
     by the President. The terms of not more than 4 members may 
     expire during any one year.
       ``(2) Vacancies.--Any vacancy in the Board shall not affect 
     its powers, but shall be filled in the same manner as the 
     original appointment and subject to any conditions that 
     applied with respect to the original appointment. An 
     individual chosen to fill a vacancy shall be appointed for 
     the unexpired term of the member replaced.
       ``(d) Duties.--The Board shall carry out the following 
     duties:
       ``(1) Ensuring compliance by the Department of Defense and 
     the military departments with the recommendations of the 
     Commission that were approved in the report submitted by the 
     President to Congress under section 2903 as part of the 2005 
     round of defense base closure and realignment.
       ``(2) Reviewing and analyzing the property conveyance 
     policies of the Office of the Secretary of Defense and the 
     military departments.
       ``(3) Assessing the effectiveness of such property 
     conveyance policies.
       ``(4) Assessing the adequacy of funding related to the 
     implementation of the approved recommendations of the 
     Commission, including funding for environmental remediation.
       ``(e) Reports.--
       ``(1) Annual report.--
       ``(A) In general.--Not later than October 31, 2007, and 
     annually thereafter for the next 4 years, the Board shall 
     submit to Congress and the President a report on the 
     implementation of the recommendations of the Commission that 
     were approved in the report submitted by the President to 
     Congress under section 2903 as part of the 2005 round of 
     defense base closure and realignment.
       ``(B) Content.--Each report submitted under subparagraph 
     (A) shall--
       ``(i) track and monitor the use of the Department of 
     Defense Base Closure Account 2005 established by section 
     2906A;
       ``(ii) describe the implementation by each military 
     department of the approved recommendations of the Commission, 
     including any related annual net savings;
       ``(iii) describe the implementation of privatization plans;
       ``(iv) describe any environmental remediation undertaken by 
     the Department of Defense, and the related costs; and
       ``(v) describe the effect, if any, of the closure or 
     realignment of military installations under the 2005 round of 
     defense base closure and realignment on the international 
     treaty obligations of the United States.
       ``(C) Cooperation of department of defense.--The Secretary 
     of Defense and the Secretaries of the military departments 
     shall cooperate with and provide such support to the Board as 
     may be needed for the purpose of preparing reports under this 
     paragraph.
       ``(2) Special report on alternative processes for closed 
     and realigned military installations.--
       ``(A) In general.--Not later than January 30, 2008, the 
     Board shall submit to Congress and the President a report on 
     the status of military installations scheduled for closure 
     and realignment under the 2005 round of defense base closure 
     and realignment.
       ``(B) Content.--The report submitted under subparagraph (A) 
     shall--
       ``(i) include the results and detailed analysis of a study 
     of the implementation of the recommendations made by the 
     Commission that were approved in the report submitted by the 
     President to Congress under section 2903 as part of the 2005 
     round of defense base closure and realignment;
       ``(ii) examine the feasibility of categorizing military 
     installations scheduled for closure and realignment as--

       ``(I) properties that are the subject of negotiations with 
     local redevelopment authorities or other parties for re-use 
     or rezoning, and which may require special financing 
     arrangements such as loans, loan guarantees, investments, 
     environmental bonds and insurance, or other arrangements in 
     order to transfer title and use to municipal, State, or 
     private sector entities; and
       ``(II) properties that are sites on the National Priorities 
     List developed by the President in accordance with section 
     105(a)(8)(B) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9605(a)(8)(B)) or that have significant environmental 
     remediation problems requiring long-term management and 
     oversight; and

       ``(iii) include a detailed examination of the feasibility 
     of--

       ``(I) using one or more corporate models, including a 
     public-private corporate model such as a foundation with a 
     dedicated endowment, for transferring, managing, and 
     preparing military installations closed or realigned since 
     1988 as part of the defense base closure and realignment 
     process; and
       ``(II) using a public-private corporation to handle 
     properties designated pursuant to clause (ii)(I) and a 
     foundation to handle properties designated pursuant to clause 
     (ii)(II).

       ``(C) Consultation with other agencies.--In completing the 
     study required under this paragraph, the Board shall consult 
     with the Secretary of Defense, the Secretaries of the 
     military departments, the Comptroller General of the United 
     States, the Administrator of the Environmental Protection 
     Agency, the Administrator of the Federal Aviation 
     Administration, the Secretary of Housing and Urban 
     Development, and the Secretary of the Interior.
       ``(3) Final report.--Not later than December 31, 2011, the 
     Board shall submit to Congress and the President a final 
     report on the implementation of the recommendations of the 
     Commission that were approved in the report submitted by the 
     President to Congress under section 2903 as part of the 2005 
     round of defense base closure and realignment. The report 
     shall include a review of the defense base closure and 
     realignment process and any recommendations of the Board for 
     changes in such process.
       ``(f) Meetings.--
       ``(1) In general.--Each meeting of the Board, other than 
     meetings in which classified information is to be discussed, 
     shall be open to the public.
       ``(2) Access to proceedings, information, and 
     deliberations.--All the proceedings, information, and 
     deliberations of the Board shall be open, upon request, to 
     the following:
       ``(A) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness and Management Support of the 
     Committee on Armed Services of the Senate, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       ``(B) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness of the Committee on Armed 
     Services of the House of Representatives, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       ``(C) The Chairman and ranking minority party member of the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committees on Appropriations of 
     the Senate or such other members of the Subcommittee 
     designated by such Chairman or ranking minority party member.
       ``(D) The Chairman and ranking minority party member of the 
     Subcommittee on Military Quality of Life and Veterans' 
     Affairs, and Related Agencies of the Committees on 
     Appropriations of the House of Representatives, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       ``(g) Board Personnel Matters.--
       ``(1) Compensation of members.--
       ``(A) In general.--Each member of the Board, other than the 
     Chairman, who is not an officer or employee of the Federal 
     Government shall be compensated at a rate equivalent to the 
     daily equivalent of the annual rate of basic pay payable 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 Board. All members of the Board who are 
     officers or employees of the Federal

[[Page 11848]]

     Government shall serve without compensation in addition to 
     that received for their services as officers or employees of 
     the Federal Government.
       ``(B) Chairman.--The Chairman shall be compensated at a 
     rate equivalent to the daily equivalent to the annual rate of 
     basic pay payable for level III of the Executive Schedule 
     under section 5314 of title 5, United States Code.
       ``(2) Travel expenses.--The members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       ``(3) Director.--The Chairman of the Board may, without 
     regard to the civil service laws and regulations, appoint a 
     Director, who shall be paid at the rate of basic pay 
     equivalent to level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code. The employment 
     of the Director shall be subject to confirmation by the 
     Board.
       ``(4) Appointment of staff.--The Director may, with the 
     approval of the Board, appoint up to 25 staff members to 
     enable the Board to perform its duties, and fix the 
     compensation of such staff without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and the General Schedule pay rates, except that the rate of 
     pay may not exceed the rate of basic pay equivalent to level 
     IV of the Executive Schedule under section 5315 of such 
     title.
       ``(5) Procurement of temporary and intermittent services.--
     The Board may procure temporary and intermittent services 
     under section 3109(b) of title 5, United States Code.
       ``(h) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Board such funds as are 
     necessary to carry out its duties under this section. Such 
     funds shall remain available until expended.
       ``(2) Transfer of funds.--If the Chairman of the Board 
     certifies to the Secretary of Defense that insufficient funds 
     are appropriated to the Board in any fiscal year, the 
     Secretary of Defense shall, not later than 30 days after 
     receiving such certification, transfer to the Board from the 
     Department of Defense Base Closure Account 2005 established 
     by section 2906A the amount requested by the Board in the 
     certification. Such funds shall remain available until 
     expended.
       ``(i) Inapplicability of FACA.--The requirements of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the activities of the Board.
       ``(j) Termination.--The Board shall terminate 90 days after 
     the submission of the final report required under subsection 
     (e)(3).''.
                                 ______
                                 
  SA 4341. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1209. RENDITION.

       (a) Prohibition on Rendition to Torture.--No individual in 
     the custody or under the physical control of the United 
     States, regardless of whether the individual is physically 
     present in territory under the jurisdiction of the United 
     States, may be transferred to a country if there are 
     substantial grounds to believe that the individual would be 
     in danger of being subjected to torture in such country.
       (b) Reports to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 12 months thereafter, 
     the Secretary of State, in consultation with the Secretary of 
     Defense, the Director of National Intelligence, the Attorney 
     General, and the Secretary of Homeland Security, shall submit 
     to the appropriate committees of Congress a report on the 
     United States compliance with Article 3 of the Convention 
     Against Torture.
       (2) Contents.--Each report under paragraph (1) shall 
     include the following:
       (A) The name of each country to which any person in the 
     custody or under the physical control of the United States 
     has been transferred--
       (i) for the first report required by paragraph (1), during 
     the period beginning on September 11, 2001 and ending on the 
     date of such report; and
       (ii) for each subsequent report, the 1-year period 
     beginning on the date of the previous report.
       (B) The name of each country described in subparagraph (A) 
     from which the United States has obtained oral or written 
     assurances that a person transferred from the custody or 
     physical control of the United States to such country would 
     not be subject to torture--
       (i) for the first report required by paragraph (1), during 
     the period beginning on September 11, 2001 and ending on the 
     date of such report; and
       (ii) for each subsequent report, the 1-year period 
     beginning on the date of the previous report.
       (C) For each country described in subparagraph (B)--
       (i) a certification that the country has complied with its 
     assurances that it would not subject to torture any 
     individual transferred from the custody or physical control 
     of the United States to such country or a statement that such 
     certification cannot be made; and
       (ii) a detailed explanation of the basis for each 
     certification under clause (i), including--

       (I) a description of the country's assurances to the United 
     States, including whether the assurances are oral or written, 
     and, if the assurances are written, a copy of the assurances;
       (II) a description of all efforts to monitor compliance 
     with the assurances, including whether the United States has 
     made periodic visits to all individuals transferred from the 
     custody or physical control of the United States to such 
     country and investigated all credible allegations that such 
     individuals have been subjected to torture, and, if so, the 
     conclusions of the United States regarding the treatment of 
     such individuals;
       (III) whether international or local humanitarian or human 
     rights groups have been able to monitor effectively the 
     treatment of individuals transferred from the custody or 
     physical control of the United States to such country, and, 
     if so, the conclusions of such groups regarding the treatment 
     of such individuals; and
       (IV) human rights conditions in the country, based on the 
     annual Human Rights Reports published by the Secretary of 
     State, reports from international and local humanitarian and 
     human rights groups, and any other relevant information.

       (c) Prohibition on Use of Assurances.--If the Secretary of 
     State does not submit a certification under subsection 
     (b)(2)(C)(i) with respect to a country described in 
     subsection (b)(2)(B), the United States may not use oral or 
     written assurances that a person transferred from the custody 
     or physical control of the United States to such country will 
     not be subject to torture as the basis for concluding that 
     transferring such person to such country does not violate 
     subsection (a).
       (d) Savings Clause.--Nothing in this section shall be 
     construed to eliminate, limit, or constrain in any way the 
     rights that an individual has under the Convention Against 
     Torture or any other applicable law.
       (e) Definitions.--
       (1) In general.--Except as provided in paragraph (2), the 
     terms used in this section have the meanings given those 
     terms in the Convention Against Torture, subject to any 
     reservations, understandings, declarations, and provisos 
     contained in the Senate resolution advising and consenting to 
     the ratification of the Convention Against Torture.
       (2) Terms.--In this section--
       (A) the term ``transferred'' means to expel, return, 
     extradite, or otherwise relocate a person from the custody or 
     physical control of the United States to another country;
       (B) the term ``appropriate committees of Congress'' means 
     the Select Committee on Intelligence, the Committee on 
     Foreign Relations, the Committee on Armed Services, and the 
     Committee on the Judiciary of the Senate and the Permanent 
     Select Committee on Intelligence, the Committee on 
     International Relations, the Committee on Armed Services, and 
     the Committee on the Judiciary of the House of 
     Representatives; and
       (C) the term ``Convention Against Torture'' means the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York on 
     December 10, 1984.
                                 ______
                                 
  SA 4342. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. 569. MODIFICATION OF TIME LIMIT FOR USE OF ENTITLEMENT 
                   TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT 
                   MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND 
                   OTHER OPERATIONS.

       (a) Modification.--Section 16164(a) of title 10, United 
     States Code, is amended by striking ``this chapter while 
     serving--'' and all that follows and inserting ``this 
     chapter--
       ``(1) while the member is serving--
       ``(A) in the Selected Reserve of the Ready Reserve, in the 
     case of a member called or ordered to active service while 
     serving in the Selected Reserve; or
       ``(B) in the Ready Reserve, in the case of a member ordered 
     to active duty while serving in the Ready Reserve (other than 
     the Selected Reserve); and

[[Page 11849]]

       ``(2) in the case of a person who separates from the 
     Selected Reserve of the Ready Reserve after completion of a 
     period of active service described in section 16163 of this 
     title and completion of a service contract under other than 
     dishonorable conditions, during the 10-year period beginning 
     on the date on which the person separates from the Selected 
     Reserve.''.
       (b) Conforming Amendment.--Paragraph (2) of section 
     16165(a) of such title is amended to read as follows:
       ``(2) when the member separates from the Ready Reserve as 
     provided in section 16164(a)(1) of this title, or upon 
     completion of the period provided for in section 16164(a)(2) 
     of this title, as applicable.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 28, 2004, as if included in the 
     enactment of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375), 
     to which such amendments relate.
                                 ______
                                 
  SA 4343. Mr. BINGAMAN (for himself and Mr. Menendez) proposed an 
amendment to the bill S. 2766, to authorize appropriations for fiscal 
year 2007 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 352. REPORT ON ACTIONS TO REDUCE DEPARTMENT OF DEFENSE 
                   CONSUMPTION OF PETROLEUM-BASED FUEL.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     actions taken, and to be taken, by the Department of Defense 
     to reduce the consumption by the Department of petroleum-
     based fuel.
       (b) Elements.--The report shall include the status of 
     implementation by the Department of the requirements of the 
     following:
       (1) The Energy Policy Act of 2005 (Public Law 109-58).
       (2) The Energy Policy Act of 1992 (Public Law 102-486).
       (3) Executive Order 13123.
       (4) Executive Order 13149.
       (5) Any other law, regulation, or directive relating to the 
     consumption by the Department of petroleum-based fuel.
                                 ______
                                 
  SA 4344. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 375. PREPOSITIONING OF DEPARTMENT OF DEFENSE ASSETS IN 
                   THE UNITED STATES TO IMPROVE RESPONSE TO 
                   NATURAL DISASTERS AND NATIONAL EMERGENCIES.

       (a) Prepositioning Authorized.--The Secretary of Defense 
     may provide for the prepositioning of pre-packaged or pre-
     identified basic response assets, such as medical supplies, 
     food and water, and communication equipment, at various 
     locations in the United States in order to improve the 
     Department of Defense response to natural disasters and 
     national emergencies.
       (b) Procedures and Guidelines.--The Secretary shall develop 
     procedures and guidelines for the prepositioning of assets 
     under this section.
                                 ______
                                 
  SA 4345. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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 new 
     section:

     SEC. 569. JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTOR 
                   QUALIFICATIONS.

       (a) In General.--Chapter 102 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2033. Instructor qualifications

       ``(a) In General.--In order for a retired officer or 
     noncommissioned officer to be employed as an instructor in 
     the program, the officer must be certified by the Secretary 
     of the military department concerned as a qualified 
     instructor in leadership, wellness and fitness, civics, and 
     other courses related to the content of the program, 
     according to the qualifications set forth in subsection 
     (b)(2) or (c)(2), as appropriate.
       ``(b) Senior Military Instructors.--
       ``(1) Role.--Senior military instructors shall be retired 
     officers of the armed forces and shall serve as instructional 
     leaders who oversee the program.
       ``(2) Qualifications.--A senior military instructor shall 
     have the following qualifications:
       ``(A) Professional military qualification, as determined by 
     the Secretary of the military department concerned.
       ``(B) Award of a baccalaureate degree from an institution 
     of higher learning.
       ``(C) Completion of secondary education teaching 
     certification requirements for the program as established by 
     the Secretary of the military department concerned.
       ``(D) Award of an advanced certification by the Secretary 
     of the military department concerned in core content areas 
     based on--
       ``(i) accumulated points for professional activities, 
     services to the profession, awards, and recognitions;
       ``(ii) professional development to meet content knowledge 
     and instructional skills; and
       ``(iii) performance evaluation of competencies and 
     standards within the program through site visits and 
     inspections.
       ``(c) Non-Senior Military Instructors.--
       ``(1) Role.--Non-senior military instructors shall be 
     retired noncommissioned officers of the armed forces and 
     shall serve as instructional leaders and teach independently 
     of, but share program responsibilities with, senior military 
     instructors.
       ``(2) Qualifications.--A non-senior military instructor 
     shall demonstrate a depth of experience, proficiency, and 
     expertise in coaching, mentoring, and practical arts in 
     executing the program, and shall have the following 
     qualifications:
       ``(A) Professional military qualification, as determined by 
     the Secretary of the military department concerned.
       ``(B) Award of an associates degree from an institution of 
     higher learning within 5 years of employment.
       ``(C) Completion of secondary education teaching 
     certification requirements for the program as established by 
     the Secretary of the military department concerned.
       ``(D) Award of an advanced certification by the Secretary 
     of the military department concerned in core content areas 
     based on--
       ``(i) accumulated points for professional activities, 
     services to the profession, awards, and recognitions;
       ``(ii) professional development to meet content knowledge 
     and instructional skills; and
       ``(iii) performance evaluation of competencies and 
     standards within the program through site visits and 
     inspections.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2033. Instructor qualifications.''.
                                 ______
                                 
  SA 4346. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 215. UNMANNED AERIAL VEHICLES FOR THE ARMY.

       (a) Procurement of Class IV Systems in Fiscal Year 2007.--
     The Secretary of the Army shall provide for the procurement 
     during fiscal year 2007 of eight Class IV Unmanned Aerial 
     Vehicles (UAVs) for the Army as provided for in the budget of 
     the President for fiscal year 2007 (as submitted to Congress 
     for such fiscal year under section 1105(a) of title 31, 
     United States Code).
       (b) Availability of Funds for Certain Activities.--Of the 
     amount authorized to be appropriated by section 201(1) for 
     research, development, test, and evaluation for the Army, 
     $29,000,000 may be available for experimentation and the 
     refinement of tactics and doctrine relating to the use of the 
     Class IV Unmanned Aerial Vehicles procured under subsection 
     (a) and two ground stations associated with such vehicles.
                                 ______
                                 
  SA 4347. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the

[[Page 11850]]

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

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

     SEC. 1013. AGREEMENT BY NAVY AND COAST GUARD ON USE OF 
                   CYCLONE CLASS PATROL COASTAL SHIPS.

       (a) Agreement Required.--Not later than March 30, 2007, the 
     Secretary of the Navy shall submit to Congress an agreement 
     between the Secretary and the Commandant of the Coast Guard 
     for the operation of the 179-foot Cyclone class patrol 
     coastal ships through September 2013.
       (b) Elements.--The agreement required under subsection (a) 
     shall--
       (1) include provisions for operational control of the 13 
     ships of the 179-foot Cyclone class patrol coastal ship 
     class;
       (2) describe responsibilities for funding for operation and 
     maintenance costs associated with operation of such ships;
       (3) ensure the more efficient employment of such ships to 
     eliminate the near-term shortfall of the Coast Guard for 
     Deepwater patrol boat hours while meeting validated riverine 
     and coastal warfare requirements of the Navy; and
       (4) ensure that the Coast Guard retains operational control 
     over at least five Cyclone class patrol coastal ships until 
     September 30, 2013.
                                 ______
                                 
  SA 4348. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. __. NATIONAL GUARD COUNTERDRUG SCHOOLS.

       (a) Authority To Operate.--Under such regulations as the 
     Secretary of Defense may prescribe, the Chief of the National 
     Guard Bureau may establish and operate, or provide financial 
     assistance to the States to establish and operate, not more 
     than five schools (to be known generally as ``National Guard 
     counterdrug schools'').
       (b) Purpose.--The purpose of the National Guard counterdrug 
     schools shall be the provision by the National Guard of 
     training in drug interdiction and counterdrug activities and 
     drug demand reduction activities to personnel of the 
     following:
       (1) Federal agencies.
       (2) State and local law enforcement agencies.
       (3) Community-based organizations engaged in such 
     activities.
       (4) Other non-Federal governmental and private entities and 
     organizations engaged in such activities.
       (c) Counterdrug Schools Specified.--The National Guard 
     counterdrug schools operated under the authority in 
     subsection (a) are as follows:
       (1) The National Interagency Civil-Military Institute 
     (NICI), San Luis Obispo, California.
       (2) The Multi-Jurisdictional Counterdrug Task Force 
     Training (MCTFT), St. Petersburg, Florida.
       (3) The Midwest Counterdrug Training Center (MCTC), 
     Johnston, Iowa.
       (4) The Regional Counterdrug Training Academy (RCTA), 
     Meridian, Mississippi.
       (5) The Northeast Regional Counterdrug Training Center 
     (NCTC), Fort Indiantown Gap, Pennsylvania.
       (d) Use of National Guard Personnel.--
       (1) In general.--To the extent provided for in the State 
     drug interdiction and counterdrug activities plan of a State 
     in which a National Guard counterdrug school is located, 
     personnel of the National Guard of that State who are ordered 
     to perform full-time National Guard duty authorized under 
     section 112(b) of that title 32, United States Code, may 
     provide training referred to in subsection (b) at that 
     school.
       (2) Definition.--In this subsection, the term ``State drug 
     interdiction and counterdrug activities plan'', in the case 
     of a State, means the current plan submitted by the Governor 
     of the State to the Secretary of Defense under section 112 of 
     title 32, United States Code.
       (e) Treatment Under Authority To Provide Counterdrug 
     Support.--The provisions of section 1004 of the National 
     Defense Authorization Act for Fiscal Year 1991 (Public Law 
     101-510; 10 U.S.C. 374 note) shall apply to any activities of 
     a National Guard counterdrug school under this section that 
     are for an agency referred to in subsection (a) of such 
     section 1004 and for a purpose set forth in subsection (b) of 
     such section 1004.
       (f) Annual Reports on Activities.--
       (1) In general.--Not later than February 1 each year, the 
     Secretary of Defense shall submit to Congress a report on the 
     activities of the National Guard counterdrug schools during 
     the preceding year.
       (2) Contents.--Each report under paragraph (1) shall set 
     forth the following:
       (A) Funding.--The amount made available for each National 
     Guard counterdrug school during the fiscal year ending in the 
     year preceding the year in which such report is submitted.
       (B) Activities.--A description of the activities of each 
     National Guard counterdrug school during the year preceding 
     the year in which such report is submitted.
       (g) Authorization of Appropriations.--
       (1) In general.--There is hereby authorized to be 
     appropriated for the Department of Defense for the National 
     Guard for each of fiscal years 2006 through 2010, $30,000,000 
     for purposes of the National Guard counterdrug schools in 
     such fiscal year.
       (2) Construction.--The amount authorized to be appropriated 
     by paragraph (1) for a fiscal year is in addition to any 
     other amount authorized to be appropriated for the Department 
     of Defense for the National Guard for such fiscal year.
                                 ______
                                 
  SA 4349. Mr. WARNER (for Mrs. Dole (for herself and Mr. Jeffords)) 
proposed an amendment to the bill S. 2766, to authorize appropriations 
for fiscal year 2007 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 352. NATIONAL ACADEMY OF SCIENCES STUDY ON HUMAN 
                   EXPOSURE TO CONTAMINATED DRINKING WATER AT CAMP 
                   LEJEUNE, NORTH CAROLINA.

       (a) Study Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Navy shall enter 
     into an agreement with the National Academy of Sciences to 
     conduct a comprehensive review and evaluation of the 
     available scientific and medical evidence regarding 
     associations between pre-natal, child, and adult exposure to 
     drinking water contaminated with trichloroethylene (TCE) and 
     tetrachloroethylene (PCE) at Camp Lejeune, North Carolina, as 
     well as other pre-natal, child, and adult exposures to levels 
     of trichloroethylene and tetrachloroethylene similar to those 
     experienced at Camp Lejeune, and birth defects or diseases 
     and any other adverse health effects.
       (2) Elements.--In conducting the review and evaluation, the 
     Academy shall review and summarize the scientific and medical 
     evidence and assess the strength of that evidence in 
     establishing a link or association between exposure to 
     trichloroethylene and tetrachloroethylene and each birth 
     defect or disease suspected to be associated with such 
     exposure. For each birth defect or disease reviewed, the 
     Academy shall determine, to the extent practicable with 
     available scientific and medical data, whether--
       (A) a statistical association with such contaminant 
     exposures exists; and
       (B) there exist plausible biological mechanisms or other 
     evidence of a causal relationship between contaminant 
     exposures and the birth defect or disease.
       (3) Scope of review.--In conducting the review and 
     evaluation, the Academy shall include a review and evaluation 
     of--
       (A) the toxicologic and epidemiologic literature on adverse 
     health effects of trichloroethylene and tetrachloroethylene, 
     including epidemiologic and risk assessment reports from 
     government agencies;
       (B) recent literature reviews by the National Research 
     Council, Institute of Medicine, and other groups;
       (C) the completed and on-going Agency for Toxic Substances 
     Disease Registry (ATSDR) studies on potential 
     trichloroethylene and tetrachloroethylene exposure at Camp 
     Lejeune; and
       (D) published meta-analyses.
       (4) Peer review.--The Academy shall obtain the peer review 
     of the report prepared as a result of the review and 
     evaluation under applicable Academy procedures.
       (5) Submittal.--The Academy shall submit the report 
     prepared as a result of the review and evaluation to the 
     Secretary and Congress not later than 18 months after 
     entering into the agreement for the review and evaluation 
     under paragraph (1).
       (b) Notice on Exposure.--
       (1) Notice required.--Upon completion of the current 
     epidemiological study by the Agency for Toxic Substances 
     Disease Registry, known as the Exposure to Volatile Organic 
     Compounds in Drinking Water and Specific Birth Defects and 
     Childhood Cancers, United States Marine Corps Base Camp 
     Lejeune, North Carolina, the Commandant of the Marine Corps 
     shall take appropriate actions, including the use of national 
     media such as newspapers, television, and the Internet, to 
     notify former Camp Lejeune residents and employees who may 
     have been exposed to drinking water impacted by 
     trichloroethylene and tetrachloroethylene of the results of 
     the study.

[[Page 11851]]

       (2) Elements.--The information provided by the Commandant 
     of the Marine Corps under paragraph (1) shall be prepared in 
     conjunction with the Agency for Toxic Substances Disease 
     Registry and shall include a description of sources of 
     additional information relating to such exposure, including, 
     but not be limited to, the following:
       (A) A description of the events resulting in exposure to 
     contaminated drinking water at Camp Lejeune.
       (B) A description of the duration and extent of the 
     contamination of drinking water at Camp Lejeune.
       (C) The known and suspected health effects of exposure to 
     the drinking water impacted by trichloroethylene and 
     tetrachloroethylene at Camp Lejeune.
                                 ______
                                 
  SA 4350. Mr. WARNER proposed an amendment to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 903. UNITED STATES MARINE BAND AND UNITED STATES MARINE 
                   DRUM AND BUGLE CORPS.

       (a) In General.--Section 6222 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 6222. United States Marine Band; United States Marine 
       Drum and Bugle Corps: composition; appointment and 
       promotion of members

       ``(a) United States Marine Band.--The band of the Marine 
     Corps shall be composed of one director, two assistant 
     directors, and other personnel in such numbers and grades as 
     the Secretary of the Navy determines to be necessary.
       ``(b) United States Marine Drum and Bugle Corps.--The drum 
     and bugle corps of the Marine Corps shall be composed of one 
     commanding officer and other personnel in such numbers and 
     grades as the Secretary of the Navy determines to be 
     necessary.
       ``(c) Appointment and Promotion.--(1) The Secretary of the 
     Navy shall prescribe regulations for the appointment and 
     promotion of members of the Marine Band and members of the 
     Marine Drum and Bugle Corps.
       ``(2) The President may from time to time appoint members 
     of the Marine Band and members of the Marine Drum and Bugle 
     Corps to grades not above the grade of captain. The authority 
     of the President to make appointments under this paragraph 
     may be delegated only to the Secretary of Defense.
       ``(3) The President, by and with the advice and consent of 
     the Senate, may from time to time appoint any member of the 
     Marine Band or of the Marine Drum and Bugle Corps to a grade 
     above the grade of captain.
       ``(d) Retirement.--Unless otherwise entitled to higher 
     retired grade and retired pay, a member of the Marine Band or 
     Marine Drum and Bugle Corps who holds, or has held, an 
     appointment under this section is entitled, when retired, to 
     be retired in, and with retired pay based on, the highest 
     grade held under this section in which the Secretary of the 
     Navy determines that such member served satisfactorily.
       ``(e) Revocation of Appointment.--The Secretary of the Navy 
     may revoke any appointment of a member of the Marine Band or 
     Marine Drum and Bugle Corps. When a member's appointment to a 
     commissioned grade terminates under this subsection, such 
     member is entitled, at the option of such member--
       ``(1) to be discharged from the Marine Corps; or
       ``(2) to revert to the grade and status such member held at 
     the time of appointment under this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 565 of such title is amended by striking 
     the item relating to section 6222 and inserting the following 
     new item:

``6222. United States Marine Band; United States Marine Drum and Bugle 
              Corps: composition; appointment and promotion of 
              members.''.
                                 ______
                                 
  SA 4351. Mr. LEVIN (for Mr. Akaka (for himself, Ms. Collins, Mr. 
Grassley, Mr. Durbin, Mr. Levin, and Mr. Lieberman)) proposed an 
amendment to the bill S. 2766, to authorize appropriations for fiscal 
year 2007 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY 
                   FEDERAL EMPLOYEES.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Employee Protection of Disclosures Act''.
       (b) Clarification of Disclosures Covered.--Section 
     2302(b)(8) of title 5, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation'';
       (2) in subparagraph (B)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, of information that the employee or 
     applicant reasonably believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation (other than a violation of this 
     section)''; and
       (3) by adding at the end the following:
       ``(C) any disclosure that--
       ``(i) is made by an employee or applicant of information 
     required by law or Executive order to be kept secret in the 
     interest of national defense or the conduct of foreign 
     affairs that the employee or applicant reasonably believes is 
     direct and specific evidence of--

       ``(I) any violation of any law, rule, or regulation;
       ``(II) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; or
       ``(III) a false statement to Congress on an issue of 
     material fact; and

       ``(ii) is made to--

       ``(I) a member of a committee of Congress having a primary 
     responsibility for oversight of a department, agency, or 
     element of the Federal Government to which the disclosed 
     information relates and who is authorized to receive 
     information of the type disclosed;
       ``(II) any other Member of Congress who is authorized to 
     receive information of the type disclosed; or
       ``(III) an employee of Congress who has the appropriate 
     security clearance and is authorized to receive information 
     of the type disclosed.''.

       (c) Covered Disclosures.--Section 2302(a)(2) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (B)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (C)(iii), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) `disclosure' means a formal or informal communication 
     or transmission, but does not include a communication 
     concerning policy decisions that lawfully exercise 
     discretionary authority unless the employee providing the 
     disclosure reasonably believes that the disclosure 
     evidences--
       ``(i) any violation of any law, rule, or regulation; or
       ``(ii) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety.''.
       (d) Rebuttable Presumption.--Section 2302(b) of title 5, 
     United States Code, is amended by amending the matter 
     following paragraph (12) to read as follows:

     ``This subsection shall not be construed to authorize the 
     withholding of information from Congress or the taking of any 
     personnel action against an employee who discloses 
     information to Congress, except that an employee or applicant 
     may be disciplined for the disclosure of information 
     described in paragraph (8)(C)(i) to a Member or employee of 
     Congress who is not authorized to receive such information. 
     For purposes of paragraph (8), any presumption relating to 
     the performance of a duty by an employee who has authority to 
     take, direct others to take, recommend, or approve any 
     personnel action may be rebutted by substantial evidence. For 
     purposes of paragraph (8), a determination as to whether an 
     employee or applicant reasonably believes that they have 
     disclosed information that evidences any violation of law, 
     rule, regulation, gross mismanagement, a gross waste of 
     funds, an abuse of authority, or a substantial and specific 
     danger to public health or safety shall be made by 
     determining whether a disinterested observer with knowledge 
     of the essential facts known to and readily ascertainable by 
     the employee could reasonably conclude that the actions of 
     the Government evidence such violations, mismanagement, 
     waste, abuse, or danger.''.
       (e) Nondisclosure Policies, Forms, and Agreements; Security 
     Clearances; and Retaliatory Investigations.--
       (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--
       (A) in clause (x), by striking ``and'' after the semicolon; 
     and
       (B) by redesignating clause (xi) as clause (xiv) and 
     inserting after clause (x) the following:

[[Page 11852]]

       ``(xi) the implementation or enforcement of any 
     nondisclosure policy, form, or agreement;
       ``(xii) a suspension, revocation, or other determination 
     relating to a security clearance or any other access 
     determination by a covered agency;
       ``(xiii) an investigation, other than any ministerial or 
     nondiscretionary fact finding activities necessary for the 
     agency to perform its mission, of an employee or applicant 
     for employment because of any activity protected under this 
     section; and''
       (2) Prohibited personnel practice.--Section 2302(b) of 
     title 5, United States Code, is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period and inserting 
     a semicolon; and
       (C) by inserting after paragraph (12) the following:
       ``(13) implement or enforce any nondisclosure policy, form, 
     or agreement, if such policy, form, or agreement does not 
     contain the following statement: `These provisions are 
     consistent with and do not supersede, conflict with, or 
     otherwise alter the employee obligations, rights, or 
     liabilities created by Executive Order No. 12958; section 
     7211 of title 5, United States Code (governing disclosures to 
     Congress); section 1034 of title 10, United States Code 
     (governing disclosure to Congress by members of the 
     military); section 2302(b)(8) of title 5, United States Code 
     (governing disclosures of illegality, waste, fraud, abuse, or 
     public health or safety threats); the Intelligence Identities 
     Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
     disclosures that could expose confidential Government 
     agents); and the statutes which protect against disclosures 
     that could compromise national security, including sections 
     641, 793, 794, 798, and 952 of title 18, United States Code, 
     and section 4(b) of the Subversive Activities Control Act of 
     1950 (50 U.S.C. 783(b)). The definitions, requirements, 
     obligations, rights, sanctions, and liabilities created by 
     such Executive order and such statutory provisions are 
     incorporated into this agreement and are controlling'; or
       ``(14) conduct, or cause to be conducted, an investigation, 
     other than any ministerial or nondiscretionary fact finding 
     activities necessary for the agency to perform its mission, 
     of an employee or applicant for employment because of any 
     activity protected under this section.''.
       (3) Board and court review of actions relating to security 
     clearances.--
       (A) In general.--Chapter 77 of title 5, United States Code, 
     is amended by inserting after section 7702 the following:

     ``Sec. 7702a. Actions relating to security clearances

       ``(a) In any appeal relating to the suspension, revocation, 
     or other determination relating to a security clearance or 
     access determination, the Merit Systems Protection Board or 
     any reviewing court--
       ``(1) shall determine whether paragraph (8) or (9) of 
     section 2302(b) was violated;
       ``(2) may not order the President or the designee of the 
     President to restore a security clearance or otherwise 
     reverse a determination of clearance status or reverse an 
     access determination; and
       ``(3) subject to paragraph (2), may issue declaratory 
     relief and any other appropriate relief.
       ``(b)(1) If, in any final judgment, the Board or court 
     declares that any suspension, revocation, or other 
     determination with regard to a security clearance or access 
     determination was made in violation of paragraph (8) or (9) 
     of section 2302(b), the affected agency shall conduct a 
     review of that suspension, revocation, access determination, 
     or other determination, giving great weight to the Board or 
     court judgment.
       ``(2) Not later than 30 days after any Board or court 
     judgment declaring that a security clearance suspension, 
     revocation, access determination, or other determination was 
     made in violation of paragraph (8) or (9) of section 2302(b), 
     the affected agency shall issue an unclassified report to the 
     congressional committees of jurisdiction (with a classified 
     annex if necessary), detailing the circumstances of the 
     agency's security clearance suspension, revocation, other 
     determination, or access determination. A report under this 
     paragraph shall include any proposed agency action with 
     regard to the security clearance or access determination.
       ``(c) An allegation that a security clearance or access 
     determination was revoked or suspended in retaliation for a 
     protected disclosure shall receive expedited review by the 
     Office of Special Counsel, the Merit Systems Protection 
     Board, and any reviewing court.
       ``(d) For purposes of this section, corrective action may 
     not be ordered if the agency demonstrates by a preponderance 
     of the evidence that it would have taken the same personnel 
     action in the absence of such disclosure.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 77 of title 5, United States Code, is 
     amended by inserting after the item relating to section 7702 
     the following:

``7702a. Actions relating to security clearances.''.

       (f) Exclusion of Agencies by the President.--Section 
     2302(a)(2)(C) of title 5, United States Code, is amended by 
     striking clause (ii) and inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Imagery and Mapping Agency, the National Security 
     Agency; and
       ``(II) as determined by the President, any executive agency 
     or unit thereof the principal function of which is the 
     conduct of foreign intelligence or counterintelligence 
     activities, if the determination (as that determination 
     relates to a personnel action) is made before that personnel 
     action; or''.
       (g) Attorney Fees.--Section 1204(m)(1) of title 5, United 
     States Code, is amended by striking ``agency involved'' and 
     inserting ``agency where the prevailing party is employed or 
     has applied for employment''.
       (h) Disciplinary Action.--Section 1215(a)(3) of title 5, 
     United States Code, is amended to read as follows:
       ``(3)(A) A final order of the Board may impose--
       ``(i) disciplinary action consisting of removal, reduction 
     in grade, debarment from Federal employment for a period not 
     to exceed 5 years, suspension, or reprimand;
       ``(ii) an assessment of a civil penalty not to exceed 
     $1,000; or
       ``(iii) any combination of disciplinary actions described 
     under clause (i) and an assessment described under clause 
     (ii).
       ``(B) In any case in which the Board finds that an employee 
     has committed a prohibited personnel practice under paragraph 
     (8) or (9) of section 2302(b), the Board shall impose 
     disciplinary action if the Board finds that the activity 
     protected under paragraph (8) or (9) of section 2302(b) was a 
     significant motivating factor, even if other factors also 
     motivated the decision, for the employee's decision to take, 
     fail to take, or threaten to take or fail to take a personnel 
     action, unless that employee demonstrates, by preponderance 
     of evidence, that the employee would have taken, failed to 
     take, or threatened to take or fail to take the same 
     personnel action, in the absence of such protected 
     activity.''.
       (i) Special Counsel Amicus Curiae Appearance.--Section 1212 
     of title 5, United States Code, is amended by adding at the 
     end the following:
       ``(h)(1) The Special Counsel is authorized to appear as 
     amicus curiae in any action brought in a court of the United 
     States related to any civil action brought in connection with 
     section 2302(b) (8) or (9), or subchapter III of chapter 73, 
     or as otherwise authorized by law. In any such action, the 
     Special Counsel is authorized to present the views of the 
     Special Counsel with respect to compliance with section 
     2302(b) (8) or (9) or subchapter III of chapter 73 and the 
     impact court decisions would have on the enforcement of such 
     provisions of law.
       ``(2) A court of the United States shall grant the 
     application of the Special Counsel to appear in any such 
     action for the purposes described in subsection (a).''.
       (j) Judicial Review.--
       (1) In general.--Section 7703(b)(1) of title 5, United 
     States Code, is amended to read as follows:
       ``(b)(1)(A) Except as provided in subparagraph (B) and 
     paragraph (2), a petition to review a final order or final 
     decision of the Board shall be filed in the United States 
     Court of Appeals for the Federal Circuit. Notwithstanding any 
     other provision of law, any petition for review must be filed 
     within 60 days after the date the petitioner received notice 
     of the final order or decision of the Board.
       ``(B) During the 5-year period beginning on the effective 
     date of the Federal Employee Protection of Disclosures Act, a 
     petition to review a final order or final decision of the 
     Board in a case alleging a violation of paragraph (8) or (9) 
     of section 2302(b) shall be filed in the United States Court 
     of Appeals for the Federal Circuit or any court of appeals of 
     competent jurisdiction as provided under subsection 
     (b)(2).''.
       (2) Review obtained by office of personnel management.--
     Section 7703(d) of title 5, United States Code, is amended to 
     read as follows:
       ``(d)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Director 
     of the Office of Personnel Management. The Director of the 
     Office of Personnel Management may obtain review of any final 
     order or decision of the Board by filing, within 60 days 
     after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit if the Director determines, in his discretion, that 
     the Board erred in interpreting a civil service law, rule, or 
     regulation affecting personnel management and that the 
     Board's decision will have a substantial impact on a civil 
     service law, rule, regulation, or policy directive. If the 
     Director did not intervene in a matter before the Board, the 
     Director may not petition for review of a Board decision 
     under this section unless the Director first petitions the 
     Board for a reconsideration of its decision, and such 
     petition is denied. In addition to the named respondent, the 
     Board and all other parties to the proceedings before the 
     Board shall have the right to appear

[[Page 11853]]

     in the proceeding before the Court of Appeals. The granting 
     of the petition for judicial review shall be at the 
     discretion of the Court of Appeals.
       ``(2) During the 5-year period beginning on the effective 
     date of the Federal Employee Protection of Disclosures Act, 
     this paragraph shall apply to any review relating to 
     paragraph (8) or (9) of section 2302(b) obtained by the 
     Director of the Office of Personnel Management. The Director 
     of the Office of Personnel Management may obtain review of 
     any final order or decision of the Board by filing, within 60 
     days after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit or any court of appeals of competent jurisdiction as 
     provided under subsection (b)(2) if the Director determines, 
     in his discretion, that the Board erred in interpreting 
     paragraph (8) or (9) of section 2302(b). If the Director did 
     not intervene in a matter before the Board, the Director may 
     not petition for review of a Board decision under this 
     section unless the Director first petitions the Board for a 
     reconsideration of its decision, and such petition is denied. 
     In addition to the named respondent, the Board and all other 
     parties to the proceedings before the Board shall have the 
     right to appear in the proceeding before the court of 
     appeals. The granting of the petition for judicial review 
     shall be at the discretion of the Court of Appeals.''.
       (k) Nondisclosure Policies, Forms, and Agreements.--
       (1) In general.--
       (A) Requirement.--Each agreement in Standard Forms 312 and 
     4414 of the Government and any other nondisclosure policy, 
     form, or agreement of the Government shall contain the 
     following statement: ``These restrictions are consistent with 
     and do not supersede, conflict with, or otherwise alter the 
     employee obligations, rights, or liabilities created by 
     Executive Order No. 12958; section 7211 of title 5, United 
     States Code (governing disclosures to Congress); section 1034 
     of title 10, United States Code (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code (governing disclosures of 
     illegality, waste, fraud, abuse or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosure that may compromise the 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by such Executive order and such 
     statutory provisions are incorporated into this agreement and 
     are controlling.''.
       (B) Enforceability.--Any nondisclosure policy, form, or 
     agreement described under subparagraph (A) that does not 
     contain the statement required under subparagraph (A) may not 
     be implemented or enforced to the extent such policy, form, 
     or agreement is inconsistent with that statement.
       (2) Persons other than government employees.--
     Notwithstanding paragraph (1), a nondisclosure policy, form, 
     or agreement that is to be executed by a person connected 
     with the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government. Such nondisclosure 
     forms shall also make it clear that such forms do not bar 
     disclosures to Congress or to an authorized official of an 
     executive agency or the Department of Justice that are 
     essential to reporting a substantial violation of law.
       (l) Clarification of Whistleblower Rights for Critical 
     Infrastructure Information.--Section 214(c) of the Homeland 
     Security Act of 2002 (6 U.S.C. 133(c)) is amended by adding 
     at the end the following: ``For purposes of this section a 
     permissible use of independently obtained information 
     includes the disclosure of such information under section 
     2302(b)(8) of title 5, United States Code.''.
       (m) Advising Employees of Rights.--Section 2302(c) of title 
     5, United States Code, is amended by inserting ``, including 
     how to make a lawful disclosure of information that is 
     specifically required by law or Executive order to be kept 
     secret in the interest of national defense or the conduct of 
     foreign affairs to the Special Counsel, the Inspector General 
     of an agency, Congress, or other agency employee designated 
     to receive such disclosures'' after ``chapter 12 of this 
     title''.
       (n) Scope of Due Process.--
       (1) Special counsel.--Section 1214(b)(4)(B)(ii) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (2) Individual action.--Section 1221(e)(2) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (o) Effective Date.--This Act shall take effect 30 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 4352. Mr. WARNER (for Mr. Ensign) proposed an amendment to the 
bill S. 2766, to authorize appropriations for fiscal year 2007 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE 
                   SOUTHERN LAND BORDER OF THE UNITED STATES.

       (a) Authority To Provide Assistance.--(1) With the approval 
     of the Secretary of Defense, the Governor of a State may 
     order any units or personnel of the National Guard of such 
     State to annual training duty under section 502(a) of title 
     32, United States Code, to carry out in any State along the 
     Southern land border of the United States the activities 
     authorized in subsection (b) for the purpose of securing such 
     border. Such duty shall not exceed 21 days in any year.
       (2) With the approval of the Secretary of Defense, the 
     Governor of a State may order any units or personnel of the 
     National Guard of such State to perform duty under section 
     502(f) of title 32, United States Code, to provide command, 
     control, and continuity of support for units and personnel 
     performing annual training duty under paragraph (1).
       (b) Authorized Activities.--The activities authorized by 
     this subsection are the following:
       (1) Ground surveillance activities.
       (2) Airborne surveillance activities.
       (3) Logistical support.
       (4) Provision of translation services and training.
       (5) Provision of administrative support services.
       (6) Provision of technical training services.
       (7) Provision of emergency medical assistance and services.
       (8) Provision of communications services.
       (9) Rescue of aliens in peril.
       (10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States.
       (11) Ground and air transportation.
       (c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of an 
     emergency management assistance compact or other cooperative 
     arrangement entered into between the Governors of such States 
     for purposes of this section, and only with the approval of 
     the Secretary of Defense.
       (d) Coordination of Assistance.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     performance of activities under this section by units and 
     personnel of the National Guard.
       (e) Annual Training.--Annual training duty performed by 
     members of the National Guard under this section shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty.
       (f) Prohibition on Direct Participation in Law 
     Enforcement.--Activities carried out under this section shall 
     not include the direct participation of a member of the 
     National Guard in a search, seizure, arrest, or similar 
     activity.
       (g) Duration of Authority.--The authority of this section 
     shall expire on January 1, 2009.
       (h) Definitions.--In this section:
       (1) The term ``Governor of a State'' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       (2) The term ``State'' means each of the several States and 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, and the Virgin Islands.
       (3) The term ``State along the southern land border of the 
     United States'' means each of the following:
       (A) The State of Arizona.
       (B) The State of California.
       (C) The State of New Mexico.
       (D) The State of Texas.
                                 ______
                                 
  SA 4353. Mr. LEVIN (for Mr. Akaka) proposed an amendment to the bill 
S. 2766, to authorize appropriations for fiscal year 2007 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

[[Page 11854]]



     SEC. 812. GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION 
                   FUNCTIONS.

       (a) Government Performance of Functions.--
       (1) In general.--Section 2383 of title 10, United States 
     Code is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Government Performance of Critical Acquisition 
     Functions.--The head of an agency shall ensure that, at a 
     minimum, for each major defense acquisition program and each 
     major automated information system program, each of the 
     following positions is performed by a properly qualified 
     full-time Federal military or civilian employee:
       ``(1) Program manager.
       ``(2) Deputy program manager.
       ``(3) Chief engineer.
       ``(4) Systems engineer.
       ``(5) Cost estimator.
       (2) Definitional matters.--Subsection (c) of such section, 
     as redesignated by paragraph (1)(A) of this subsection, is 
     further amended by adding at the end the following new 
     paragraphs:
       ``(5) The term `major defense acquisition program' has the 
     meaning given such term in section 2430(a) of this title.
       ``(6) The term `major automated information system program' 
     has the meaning given such term in section 2445a(a) of this 
     title.''.
       (b) Effective Date and Phase-in.--
       (1) Effective date.--The amendments made by subsection (a) 
     shall take effect on the date that is one year after the date 
     of enactment of this Act.
       (2) Temporary waver.--During the two years period beginning 
     on the effective date specified in paragraph (1), the head of 
     an agency may waive the requirement in subsection (b) of 
     section 2383 of title 10, United States Code, as amended by 
     subsection (a) of this section, with regard to a specific 
     function on a particular program upon a written determination 
     by the head of the agency that a properly qualified full-time 
     Federal military or civilian employee cannot reasonably be 
     made available to perform such function.
                                 ______
                                 
  SA 4354. Mr. WARNER (for Mr. Ensign) proposed an amendment to the 
bill S. 2766, to authorize appropriations for fiscal year 2007 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1066. REPORT ON TECHNOLOGIES FOR NEUTRALIZING OR 
                   DEFEATING THREATS TO MILITARY ROTARY WING 
                   AIRCRAFT FROM PORTABLE AIR DEFENSE SYSTEMS AND 
                   ROCKET PROPELLED GRENADES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on technologies for neutralizing 
     or defeating threats to military rotary wing aircraft posed 
     by portable air defense systems and rocket propelled grenades 
     that are being researched, developed, employed, or considered 
     by the United States Government or the North Atlantic Treaty 
     Organization.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) an assessment of the expected value and utility of the 
     technologies, particularly with respect to--
       (A) the saving of lives;
       (B) the ability to reduce the vulnerability of aircraft; 
     and
       (C) the enhancement of the ability of aircraft and their 
     crews to accomplish assigned missions;
       (2) an assessment of the potential costs of developing and 
     deploying such technologies;
       (3) a description of efforts undertaken to develop such 
     technologies, including--
       (A) non-lethal counter measures;
       (B) lasers and other systems designed to dazzle, impede, or 
     obscure threatening weapon or their users;
       (C) direct fire response systems;
       (D) directed energy weapons; and
       (E) passive and active systems; and
       (4) a description of any impediments to the development of 
     such technologies, such as legal restrictions under the law 
     of war, treaty restrictions under the Protocol on Blinding 
     Lasers, and political obstacles such as the reluctance of 
     other allied countries to pursue such technologies.
                                 ______
                                 
  SA 4355. Mr. WARNER (for himself and Mr. Levin) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 380, line 18, strike ``$3,750,000,000'' and insert 
     ``$5,000,000,000''.
                                 ______
                                 
  SA 4356. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 2766, to authorize appropriations for fiscal year 2007 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       Strike section 1002 and insert the following:

     SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL 
                   APPROPRIATIONS FOR FISCAL YEAR 2006.

       (a) Iraq, Afghanistan, and the Global War on Terror.--
     Amounts authorized to be appropriated to the Department of 
     Defense for fiscal year 2006 in the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163) 
     are hereby adjusted, with respect to any such authorized 
     amount, by the amount by which appropriations pursuant to 
     such authorization are increased by a supplemental 
     appropriation, or decreased by a rescission, or both, or are 
     increased by a transfer of funds, pursuant to title I of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Hurricane Recovery, 2006 (Public 
     Law 109-234).
       (b) Hurricane Disaster Relief and Recovery.--Amounts 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2006 in the National Defense Authorization 
     Act for Fiscal Year 2006 are hereby adjusted, with respect to 
     any such authorized amount, by the amount by which 
     appropriations pursuant to such authorization are increased 
     by a supplemental appropriation, or decreased by a 
     rescission, or both, or are increased by a transfer of funds, 
     pursuant to title II of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Hurricane Recovery, 2006.
       (c) Border Security.--Amounts authorized to be appropriated 
     to the Department of Defense for fiscal year 2006 in the 
     National Defense Authorization Act for Fiscal Year 2006 are 
     hereby adjusted, with respect to any such authorized amount, 
     by the amount by which appropriations pursuant to such 
     authorization are increased by a supplemental appropriation, 
     or decreased by a rescission, or both, or are increased by a 
     transfer of funds, pursuant to title V of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006.
                                 ______
                                 
  SA 4357. Mr. LEVIN (for Mr. Menendez (for himself and Mr. Bingaman)) 
proposed an amendment to the bill S. 2766, to authorize appropriations 
for fiscal year 2007 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 2828. USE OF RENEWABLE ENERGY TO MEET ELECTRICITY NEEDS.

       It shall be the goal of the Department of Defense to ensure 
     that the Department--
       (1) produces or procures not less than 25 percent of the 
     total quantity of electric energy it consumes within its 
     facilities and in its activities during fiscal year 2025 and 
     each fiscal year thereafter from renewable energy sources (as 
     defined in section 203(b) of the Energy Policy Act of 2005 
     (42 U.S.C. 15852(b)); and
       (2) produces or procures such renewable energy when it is 
     life-cycle cost effective to do so (as defined in section 708 
     of Executive Order 13123 (42 U.S.C. 8251 note; relating to 
     greening the Government through efficient energy 
     management)).
                                 ______
                                 
  SA 4358. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 2766, to authorize appropriations for fiscal year 2007 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 463, beginning on line 8, strike ``paragraph (1) in 
     fiscal year 2007 for the expenses and costs'' and insert 
     ``paragraph (1)(A) in fiscal year 2007 for the expenses''.
                                 ______
                                 
  SA 4359. Mr. LEVIN (for Mr. Bingaman (for himself and Mr. Menendez)) 
proposed an amendment to the bill S. 2766, to authorize appropriations 
for fiscal year 2007 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for

[[Page 11855]]

such fiscal year for the Armed Forces, and for other purposes; as 
follows:

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

     SEC. 352. REPORT ON ACTIONS TO REDUCE DEPARTMENT OF DEFENSE 
                   CONSUMPTION OF PETROLEUM-BASED FUEL.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     actions taken, and to be taken, by the Department of Defense 
     to reduce the consumption by the Department of petroleum-
     based fuel.
       (b) Elements.--The report shall include the status of 
     implementation by the Department of the requirements of the 
     following:
       (1) The Energy Policy Act of 2005 (Public Law 109-58).
       (2) The Energy Policy Act of 1992. (Public Law 102-486)
       (3) Executive Order 13123.
       (4) Executive Order 13149.
       (5) Any other law, regulation, or directive relating to the 
     consumption by the Department of petroleum-based fuel.
                                 ______
                                 
  SA 4360. Mr. WARNER proposed an amendment to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of part II of subtitle A of title V, add the 
     following:

     SEC. 521. REPORT ON JOINT OFFICER PROMOTION BOARDS.

       (a) Report Required.--Not later than June 1, 2007, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and House of Representatives a report 
     on the desirability and feasibility of conducting joint 
     officer promotion selection boards.
       (b) Elements.--The report under subsection (a) shall 
     include--
       (1) a discussion of the limitations in existing officer 
     career paths and promotion procedures that might warrant the 
     conduct of joint officer promotion selection boards;
       (2) an identification of the requirements for officers for 
     which joint officer promotion selection boards would be 
     advantageous;
       (3) recommendations on methods to demonstrate how joint 
     officer promotion selection boards might be structured, and 
     an evaluation of the feasibility of such methods; and
       (4) any proposals for legislative action that the Secretary 
     considers appropriate.
                                 ______
                                 
  SA 4361. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1209. REPORTS ON IMPLEMENTATION OF THE DARFUR PEACE 
                   AGREEMENT.

       (a) Requirement for Reports.--Not later than 30 days after 
     the date of the enactment of this Act, and every 60 days 
     thereafter until the date that the President submits the 
     certification described in subsection (b), the President 
     shall submit to Congress a report on the implementation of 
     the Darfur Peace Agreement of May 5, 2006, and the situation 
     in Darfur, Sudan. Each such report shall include--
       (1) a description of the steps being taken by the 
     Government of Sudan, the Sudan Liberation Movement/Army (SLM/
     A), and other parties to the Agreement to uphold their 
     commitments to--
       (A) demobilize and disarm the Janjaweed, as stated in 
     paragraphs 214(F), 338, 339, 340, 366, 387, and 368 of the 
     Agreement;
       (B) provide secure, unfettered access for humanitarian 
     personnel and supplies, as stated in paragraph 214(E) of the 
     Agreement;
       (C) ensure that foreign combatants respect the provisions 
     of the Agreement, as stated in paragraphs 341 through 344 of 
     the Agreement; and
       (D) expedite the safe and voluntary return of internally-
     displaced persons and refugees to their places of origin, as 
     stated in paragraphs 182 through 187 of the Agreement;
       (2) a description of any violation of the Agreement and any 
     delay in implementing the Agreement, including any such 
     violation or delay that compromises the safety of civilians, 
     and the names of the individuals or entities responsible for 
     such violation or delay;
       (3) a description of any attacks against civilians and any 
     activities that disrupt implementation of the Agreement by 
     armed persons who are not a party to the Agreement; and
       (4) a description of the ability of the Ceasefire 
     Commission, the African Union Mission in Sudan, and the other 
     organizations identified in the Agreement to monitor the 
     implementation of the Agreement, and a description of any 
     obstruction to such monitoring.
       (b) Certification.--The certification described in this 
     subsection is a certification made by the President and 
     submitted to Congress that the Government of Sudan has 
     fulfilled its obligations under the Darfur Peace Agreement of 
     May 5, 2006, to demobilize and disarm the Janjaweed and to 
     protect civilians.
       (c) Form and Availability of Reports.--
       (1) Form.--A report submitted under this section shall be 
     in an unclassified form and may include a classified annex.
       (2) Availability.--The President shall make the 
     unclassified portion of a reported submitted under this 
     section available to the public.
                                 ______
                                 
  SA 4362. Mrs. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 315. INDIVIDUAL FIRST AID KIT.

       Of the amount authorized to be appropriated by section 
     301(8) for operation and maintenance for the Marine Corps 
     Reserve, $3,500,000 may be available for the Individual First 
     Aid Kit (IFAK).
                                 ______
                                 
  SA 4363. Mrs. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 315. INFANTRY COMBAT EQUIPMENT.

       Of the amount authorized to be appropriated by section 
     301(8) for operation and maintenance for the Marine Corps 
     Reserve, $5,850,000 may be available for Infantry Combat 
     Equipment (ICE).
                                 ______
                                 
  SA 4364. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 2828. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT 
                   ROCK ISLAND, ILLINOIS, IN HONOR OF LANE EVANS, 
                   A MEMBER OF THE HOUSE OF REPRESENTATIVES.

       (a) Findings.--Congress makes the following findings:
       (1) Representative Lane Evans was elected to the House of 
     Representatives in 1982 and is now in his 12th term 
     representing the people of Illinois' 17th Congressional 
     district.
       (2) As a member of the Committee on Armed Services of the 
     House of Representatives, Representative Evans has worked to 
     bring common sense priorities to defense spending and 
     strengthen the military's conventional readiness.
       (3) Representative Evans has been a tireless advocate for 
     military veterans, ensuring that veterans receive the medical 
     care they need and advocating for individuals suffering from 
     post-traumatic stress disorder and Gulf War Syndrome.
       (4) Representative Evans' efforts to improve the transition 
     of individuals from military service to the care of the 
     Department of Veterans Affairs will continue to benefit 
     generations of veterans long into the future.
       (5) Representative Evans is credited with bringing new 
     services to veterans living in his Congressional district, 
     including outpatient clinics in the Quad Cities and Quincy 
     and the Quad-Cities Vet Center.
       (6) Representative Evans has worked with local leaders to 
     promote the Rock Island Arsenal and has seen it win new jobs 
     and missions through his support.
       (7) In honor of his service in the Marine Corps and to his 
     district and the United States, it is fitting and proper that 
     the Navy and Marine Corps Reserve Center at Rock Island 
     Arsenal be named in honor of Representative Evans.

[[Page 11856]]

       (b) Designation.--The Navy and Marine Corps Reserve Center 
     at Rock Island Arsenal, Illinois, shall be known and 
     designated as the ``Lane Evans Navy and Marine Corps Reserve 
     Center''. Any reference in a law, map, regulation, document, 
     paper, or other record of the United States to the Navy and 
     Marine Corps Reserve Center at Rock Island Arsenal shall be 
     deemed to be a reference to the Lane Evans Navy and Marine 
     Corps Reserve Center.
                                 ______
                                 
  SA 4365. Mr. CHAMBLISS (for himself, Mr. Graham, Mrs. Clinton, and 
Mr. Burns) submitted an amendment intended to be proposed by him to the 
bill S. 2766, to authorize appropriations for fiscal year 2007 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 648. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE 
                   RETIRED PAY BY MEMBERS OF THE READY RESERVE ON 
                   ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR 
                   SIGNIFICANT PERIODS.

       (a) Reduced Eligibility Age.--Section 12731 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) has attained the eligibility age applicable under 
     subsection (f) to that person;''; and
       (2) by adding at the end the following new subsection:
       ``(f)(1) Subject to paragraph (2), the eligibility age for 
     purposes of subsection (a)(1) is 60 years of age.
       ``(2)(A) In the case of a person who as a member of the 
     Ready Reserve serves on active duty or performs active 
     service described in subparagraph (B) after September 11, 
     2001, the eligibility age for purposes of subsection (a)(1) 
     shall be reduced below 60 years of age by three months for 
     each aggregate of 90 days on which such person so performs in 
     any fiscal year after such date, subject to subparagraph (C). 
     A day of duty may be included in only one aggregate of 90 
     days for purposes of this subparagraph.
       ``(B)(i) Service on active duty described in this 
     subparagraph is service on active duty pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of this title or under section 12301(d) 
     of this title. Such service does not include service on 
     active duty pursuant to a call or order to active duty under 
     section 12310 of this title.
       ``(ii) Active service described in this subparagraph is 
     service under a call to active service authorized by the 
     President or the Secretary of Defense under section 502(f) of 
     title 32 for purposes of responding to a national emergency 
     declared by the President or supported by Federal funds.
       ``(C) The eligibility age for purposes of subsection (a)(1) 
     may not be reduced below 50 years of age for any person under 
     subparagraph (A).''.
       (b) Continuation of Age 60 as Minimum Age for Eligibility 
     of Non-Regular Service Retirees For Health Care.--Section 
     1074(b) of such title is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) does not apply to a member or former 
     member entitled to retired pay for non-regular service under 
     chapter 1223 of this title who is under 60 years of age.''.
       (c) Administration of Related Provisions of Law or 
     Policy.--With respect to any provision of law, or of any 
     policy, regulation, or directive of the executive branch that 
     refers to a member or former member of the uniformed services 
     as being eligible for, or entitled to, retired pay under 
     chapter 1223 of title 10, United States Code, but for the 
     fact that the member or former member is under 60 years of 
     age, such provision shall be carried out with respect to that 
     member or former member by substituting for the reference to 
     being 60 years of age a reference to having attained the 
     eligibility age applicable under subsection (f) of section 
     12731 of title 10, United States Code (as added by subsection 
     (a)), to such member or former member for qualification for 
     such retired pay under subsection (a) of such section.
       (d) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect as of September 11, 2001, 
     and shall apply with respect to applications for retired pay 
     that are submitted under section 12731(a) of title 10, United 
     States Code, on or after the date of the enactment of this 
     Act.
       At the end of subtitle A of title VII, add the following:

     SEC. 707. EXPANSION OF ELIGIBILITY OF MEMBERS OF THE SELECTED 
                   RESERVE FOR COVERAGE UNDER TRICARE.

       (a) In General.--Subsection (a) of section 1076b of title 
     10, United States Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(4) is an employee of a business with 20 or fewer 
     employees.''.
       (b) Premiums.--Subsection (e)(2) of such section is amended 
     by adding at the end the following new subparagraph:
       ``(C) For members eligible under paragraph (4) of 
     subsection (a), the amount equal to 75 percent of the total 
     amount determined by the Secretary on an appropriate 
     actuarial basis as being reasonable for the coverage.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2006.
                                 ______
                                 
  SA 4366. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 913. INDEPENDENT REVIEW AND ASSESSMENT OF DEPARTMENT OF 
                   DEFENSE ORGANIZATION AND MANAGEMENT FOR 
                   NATIONAL SECURITY IN SPACE.

       (a) Independent Review and Assessment Required.--
       (1) In general.--The Secretary of Defense shall provide for 
     an independent review and assessment of the organization and 
     management of the Department of Defense for national security 
     in space.
       (2) Conduct of review.--The review and assessment shall be 
     conducted by an appropriate entity outside the Department of 
     Defense selected by the Secretary for purposes of this 
     section.
       (3) Elements.--The review and assessment shall address the 
     following:
       (A) The requirements of the Department of Defense for 
     national security space capabilities, as identified by the 
     Department, and the efforts of the Department to fulfill such 
     requirements.
       (B) The future space missions of the Department, and the 
     plans of the Department to meet the future space missions.
       (C) The actions that could be taken by the Department to 
     modify the organization and management of the Department over 
     the near-term, medium-term, and long-term in order to 
     strengthen United States national security in space, and the 
     ability of the Department to implement its requirements and 
     carry out the future space missions, including the following:
       (i) Actions to exploit existing and planned military space 
     assets to provide support for United States military 
     operations.
       (ii) Actions to improve or enhance current interagency 
     coordination processes regarding the operation of national 
     security space assets, including improvements or enhancements 
     in interoperability and communications.
       (iii) Actions to improve or enhance the relationship 
     between the intelligence aspects of national security space 
     (so-called ``black space'') and the non-intelligence aspects 
     of national security space (so-called ``white space'').
       (iv) Actions to improve or enhance the manner in which 
     military space issues are addressed by professional military 
     education institutions.
       (4) Liaison.--The Secretary shall designate at least one 
     senior civilian employee of the Department of Defense, and at 
     least one general or flag officer of an Armed Force, to serve 
     as liaison between the Department, the Armed Forces, and the 
     entity conducting the review and assessment.
       (b) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the entity conducting the review 
     and assessment shall submit to the Secretary and the 
     congressional defense committees a report on the review and 
     assessment.
       (2) Elements.--The report shall include--
       (A) the results of the review and assessment; and
       (B) recommendations on the best means by which the 
     Department may improve its organization and management for 
     national security in space.
                                 ______
                                 
  SA 4367. Mr. OBAMA (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 2766, to authorize 
appropriations for fiscal year 2007 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, 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:

[[Page 11857]]



     SEC. 587. ASSESSMENT OF PROVISION OF ELECTRONIC COPY OF 
                   MILITARY RECORDS ON DISCHARGE OR RELEASE OF 
                   MEMBERS FROM THE ARMED FORCES.

       (a) Report Required.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the feasibility and advisability of providing an electronic 
     copy of military records to members of the Armed Forces on 
     their discharge or release from the Armed Forces.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An estimate of the costs of the provision of military 
     records as described in paragraph (1).
       (B) An assessment of providing military records as 
     described in that paragraph through the distribution of a 
     portable, readily accessible medium (such as a computer disk 
     or other similar medium) containing such records.
       (C) A description and assessment of the mechanisms required 
     to ensure the privacy of members of the Armed Forces in 
     providing military records as described in that paragraph.
       (D) An assessment of the benefits to the members of the 
     Armed Forces of receiving their military records as described 
     in that paragraph.
       (E) If the Secretary determines that providing military 
     records to members of the Armed Forces as described in that 
     paragraph is feasible and advisable, a plan (including a 
     schedule) for providing such records to members of the Armed 
     Forces as so described in order to ensure that each member of 
     the Armed Forces is provided such records upon discharge or 
     release from the Armed Forces.
       (F) Any other matter to relating to the provision of 
     military records as described in that paragraph that the 
     Secretary considers appropriate.
       (b) Pilot Program.--
       (1) Program required.--The Secretary of Defense shall carry 
     out a pilot program to assess the feasibility and 
     advisability of providing an electronic copy of military 
     records to members of the Armed Forces on their discharge or 
     release from the Armed Forces.
       (2) Location.--The Secretary shall carry out the pilot 
     program at two locations, of which--
       (A) one shall be a military installation at which members 
     of the Armed Forces are processed for separation from active 
     duty in the Armed Forces; and
       (B) one shall be a military installation at which members 
     of the reserve components of the Armed Forces are processed 
     for release from active duty following deployment on active 
     duty in support of Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (3) Provision of military records.--Under the pilot 
     program, the Secretary shall provide an electronic copy of 
     such member's military records to each member of the Armed 
     Forces undergoing separation from the Armed Forces, or 
     release from active duty in the Armed Forces, at a location 
     of the pilot program under paragraph (2) during the period of 
     the pilot program.
       (4) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the pilot 
     program.
       (c) Military Records Defined.--In this section, the term 
     ``military records'', with respect to a member of the Armed 
     Forces, includes all military service records, military 
     medical records, and other military records of the member of 
     the armed Forces.
                                 ______
                                 
  SA 4368. Mr. NELSON of Florida (for himself and Mr. Martinez) 
submitted an amendment intended to be proposed by him to the bill S. 
2766, to authorize appropriations for fiscal year 2007 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1024. OPERATION BAHAMAS, TURKS & CAICOS.

       (a) Findings.--Congress makes the following findings:
       (1) In 1982 the United States Government created Operation 
     Bahamas, Turks & Caicos (OPBAT) to counter the smuggling of 
     cocaine into the United States.
       (2) According to the Drug Enforcement Agency, an estimated 
     80 percent of the cocaine entering the United States in the 
     1980s came through the Bahamas, whereas, according to the 
     Office of National Drug Control Policy, only an estimated 10 
     percent comes through the Bahamas today.
       (3) According to the Drug Enforcement Agency, more than 
     80,000 kilograms of cocaine and nearly 700,000 pounds of 
     marijuana have been seized in Operation Bahamas, Turks & 
     Caicos since 1986, with a combined street value of 
     approximately two trillion dollars.
       (4) The Army has provided military airlift to law 
     enforcement officials under Operation Bahamas, Turks & Caicos 
     to create an effective, reliable, and immediate response 
     capability for drug interdiction. This support is largely 
     responsible for the decline in cocaine shipments to the 
     United States through the Bahamas.
       (5) The Bahamas is an island nation composed of 
     approximately 700 islands and keys, which makes aviation 
     assets the best and most efficient method of transporting law 
     enforcement agents and interdicting smugglers.
       (6) It is in the interest of the United States to maintain 
     the results of the successful Operation Bahamas, Turks & 
     Caicos program and prevent drug smugglers from rebuilding 
     their operations through the Bahamas.
       (b) Report on United States Government Support for OPBAT.--
       (1) Report on decision to withdraw.--Not later than 30 days 
     before implementing a decision to withdraw Department of 
     Defense helicopters from Operation Bahamas, Turks & Caicos, 
     the Secretary of Defense shall submit to the Congress a 
     report outlining the plan for the coordination of the 
     Operation Bahamas, Turks & Caicos mission, at the same level 
     of effectiveness, using other United States Government 
     assets.
       (2) Consultation.--The Secretary of Defense shall consult 
     with the Secretary of State, the Attorney General, and the 
     Secretary of Homeland Security, and with other appropriate 
     officials of the United States Government, in preparing the 
     report under paragraph (1).
       (3) Elements.--The report under paragraph (1) on the 
     withdrawal of equipment referred to in that paragraph shall 
     include the following:
       (A) An explanation of the military justification for the 
     withdrawal of the equipment.
       (B) An assessment of the availability of other options 
     (including other Government helicopters) to provide the 
     capability being provided by the equipment to be withdrawn.
       (C) An explanation of how each option specified under 
     subparagraph (B) will provide the capability currently 
     provided by the equipment to be withdrawn.
       (D) An assessment of the potential use of unmanned aerial 
     vehicles in Operation Bahamas, Turks & Caicos, including the 
     capabilities of such vehicles and any advantages or 
     disadvantages associated with the use of such vehicles in 
     that operation, and a recommendation on whether or not to 
     deploy such vehicles in that operation.
                                 ______
                                 
  SA 4369. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 555, strike line 1 and all that follows through 
     ``Secretary'' on line 13 and insert the following: ``(B) The 
     Secretary''.
                                 ______
                                 
  SA 4370. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1008. REPORTS TO CONGRESS AND NOTICE TO PUBLIC ON 
                   EARMARKS IN FUNDS AVAILABLE TO THE DEPARTMENT 
                   OF DEFENSE.

       (a) Annual Report and Notice Required.--The Secretary of 
     Defense shall submit to Congress, and post on the Internet 
     website of the Department of Defense available to the public, 
     each year information as follows:
       (1) A description of each earmark of funds made available 
     to the Department of Defense for the previous fiscal year, 
     including the location (by city, State, country, and 
     congressional district if relevant) in which the earmarked 
     funds are to be utilized, the purpose of such earmark (if 
     known), and the recipient of such earmark.
       (2) The total cost of administering each such earmark 
     including the amount of such earmark, staff time, 
     administrative expenses, and other costs.
       (3) The total cost of administering all such earmarks.
       (4) An assessment of the utility of each such earmark in 
     meeting the goals of the Department, set forth using a rating 
     system as follows:
       (A) A for an earmark that directly advances the primary 
     goals of the Department or an agency, element, or component 
     of the Department.

[[Page 11858]]

       (B) B for an earmark that advances many of the primary 
     goals of the Department or an agency, element, or component 
     of the Department.
       (C) C for an earmark that may advance some of the primary 
     goals of the Department or an agency, element, or component 
     of the Department.
       (D) D for an earmark that cannot be demonstrated as being 
     cost-effective in advancing the primary goals of the 
     Department or any agency, element, or component of the 
     Department.
       (E) F for an earmark that distracts from or otherwise 
     impedes that capacity of the Department to meet the primary 
     goals of the Department.
       (b) Earmark Defined.--In this section, the term ``earmark'' 
     means a provision of law, or a directive contained within a 
     joint explanatory statement or report accompanying a 
     conference report or bill (as applicable), that specifies the 
     identity of an entity, program, project, or service, 
     including a defense system, to receive assistance not 
     requested by the President and the amount of the assistance 
     to be so received.
                                 ______
                                 
  SA 4371. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 345, line 2, strike ``poor'' and insert ``below-
     satisfactory performance or performance that does not meet 
     the basic requirements of the contract''.
                                 ______
                                 
  SA 4372. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. 1066. FISCAL INTEGRITY OF TRAVEL PAYMENTS.

       Not later than November 15, 2006, the Secretary of Defense 
     shall submit to the congressional defense committees and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Government Reform of the 
     House of Representatives a report including--
       (1) risk assessments performed by the Department of Defense 
     on payments made by the Department for travel, as required 
     under section 2 of the Improper Payments Information Act of 
     2002 (Public Law 107-300; 31 U.S.C. 3321 note); and
       (2) a justification detailing the methodology used to 
     determine the risk susceptibility of making improper payments 
     in activities related to Department of Defense travel during 
     fiscal year 2005, including--
       (A) an explanation of how the Department used a 
     statistically valid estimate to determine travel payments for 
     fiscal year 2005 in accordance with guidance in Office of 
     Management and Budget Memorandum 30-13 issued pursuant to the 
     Improper Payments Information Act of 2002 (Public Law 107-
     300; 31 U.S.C. 3321 note); and
       (B) a declaration of whether or not activities related to 
     such travel payments were determined to be at significant 
     risk of making improper payments for such fiscal year.
                                 ______
                                 
  SA 4373. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2863, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds appropriated by this Act may be 
     obligated or expended for the further development, 
     deployment, or operation of any web-based, end-to-end travel 
     management system, or services under any contract for such 
     travel services that provides for payment by the Department 
     of Defense to the service provider above, or in addition to, 
     a fixed price transaction fee for eTravel services under the 
     General Services Administration eTravel contract.
                                 ______
                                 
  SA 4374. Ms. CANTWELL (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed by her to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 746. STUDY OF HEALTH EFFECTS OF EXPOSURE TO DEPLETED 
                   URANIUM.

       (a) Study.--The Secretary of Defense, in consultation with 
     the Secretary for Veterans Affairs and the Secretary of 
     Health and Human Services, shall conduct a comprehensive 
     study of the health effects of exposure to depleted uranium 
     munitions on uranium-exposed soldiers and on children of 
     uranium-exposed soldiers who were born after the exposure of 
     the uranium-exposed soldiers to depleted uranium.
       (b) Uranium-Exposed Soldiers.--In this section, the term 
     ``uranium-exposed soldiers'' means a member or former member 
     of the Armed Forces who handled, came in contact with, or had 
     the likelihood of contact with depleted uranium munitions 
     while on active duty, including members and former members 
     who--
       (1) were exposed to smoke from fires resulting from the 
     burning of vehicles containing depleted uranium munitions or 
     fires at depots at which depleted uranium munitions were 
     stored;
       (2) worked within environments containing depleted uranium 
     dust or residues from depleted uranium munitions;
       (3) were within a structure or vehicle while it was struck 
     by a depleted uranium munition;
       (4) climbed on or entered equipment or structures struck by 
     a depleted uranium munition; or
       (5) were medical personnel who provided initial treatment 
     to members of the Armed Forces described in paragraph (1), 
     (2), (3), or (4).
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     a report to Congress on the results of the study described in 
     subsection (a).
                                 ______
                                 
  SA 4375. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1008. MODIFICATION OF AVAILABILITY OF CERTAIN FUNDS FOR 
                   THE DEPARTMENT OF DEFENSE TO ADDRESS HURRICANES 
                   IN THE GULF OF MEXICO IN 2005.

       (a) Reserve Personnel, Army.--Chapter 2 of title I of the 
     Emergency Supplemental Appropriations Act to Address 
     Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 
     (division B of Public Law 109-148) is amended under the 
     heading ``Reserve Personnel, Army'' by striking ``September 
     30, 2006'' and inserting ``September 30, 2007''.
       (b) Operation and Maintenance, Army Reserve.--Chapter 2 of 
     title I of the Emergency Supplemental Appropriations Act to 
     Address Hurricanes in the Gulf of Mexico and Pandemic 
     Influenza, 2006 is amended under the heading ``Operation and 
     Maintenance, Army Reserve'' by striking ``September 30, 
     2006'' and inserting ``September 30, 2007''.
                                 ______
                                 
  SA 4376. Mr. ENZI proposed an amendment to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end, add the following new Division:

                      DIVISION D--OTHER PROVISIONS

        TITLE XXXXI--ASSISTANCE FOR WORKERS AND SMALL BUSINESSES

                  Subtitle A--Minimum Wage Adjustment

     SEC. 4101. MINIMUM WAGE.

       (a) In General.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.70 an hour, beginning 6 months after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2007; and
       ``(B) $6.25 an hour, beginning 18 months after such date of 
     enactment;''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 6 months after the date of enactment of 
     this Act.

                   Subtitle B--Workplace Flexibility

     SEC. 4111. SHORT TITLE.

       This subtitle may be cited as the ``Workplace Flexibility 
     Act''.

[[Page 11859]]



     SEC. 4112. BIWEEKLY WORK PROGRAMS.

       (a) In General.--The Fair Labor Standards Act of 1938 is 
     amended by inserting after section 13 (29 U.S.C. 213) the 
     following:

     ``SEC. 13A. BIWEEKLY WORK PROGRAMS.

       ``(a) Voluntary Participation.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     employee may be required to participate in a program 
     described in this section. Participation in a program 
     described in this section may not be a condition of 
     employment.
       ``(2) Collective bargaining agreement.--In a case in which 
     a valid collective bargaining agreement exists between an 
     employer and the labor organization that has been certified 
     or recognized as the representative of the employees of the 
     employer under applicable law, an employee may only be 
     required to participate in such a program in accordance with 
     the agreement.
       ``(b) Biweekly Work Programs.--
       ``(1) In general.--Notwithstanding section 7, an employer 
     may establish biweekly work programs that allow the use of a 
     biweekly work schedule--
       ``(A) that consists of a basic work requirement of not more 
     than 80 hours, over a 2-week period; and
       ``(B) in which more than 40 hours of the work requirement 
     may occur in a week of the period, except that no more than 
     10 hours may be shifted between the 2 weeks involved.
       ``(2) Conditions.--An employer may carry out a biweekly 
     work program described in paragraph (1) for employees only 
     pursuant to the following:
       ``(A) Agreement.--The program may be carried out only in 
     accordance with--
       ``(i) applicable provisions of a collective bargaining 
     agreement between the employer and the labor organization 
     that has been certified or recognized as the representative 
     of the employees under applicable law; or
       ``(ii) in the case of an employee who is not represented by 
     a labor organization described in clause (i), a written 
     agreement arrived at between the employer and employee before 
     the performance of the work involved if the agreement was 
     entered into knowingly and voluntarily by such employee and 
     was not a condition of employment.
       ``(B) Statement.--The program shall apply to an employee 
     described in subparagraph (A)(ii) if such employee has 
     affirmed, in a written statement that is made, kept, and 
     preserved in accordance with section 11(c), that the employee 
     has chosen to participate in the program.
       ``(C) Minimum service.--No employee may participate, or 
     agree to participate, in the program unless the employee has 
     been employed for at least 12 months by the employer, and for 
     at least 1,250 hours of service with the employer during the 
     previous 12-month period.
       ``(3) Compensation for hours in schedule.--Notwithstanding 
     section 7, in the case of an employee participating in such a 
     biweekly work program, the employee shall be compensated for 
     each hour in such a biweekly work schedule at a rate not less 
     than the regular rate at which the employee is employed.
       ``(4) Computation of overtime.--All hours worked by the 
     employee in excess of such a biweekly work schedule or in 
     excess of 80 hours in the 2-week period, that are requested 
     in advance by the employer, shall be overtime hours.
       ``(5) Overtime compensation provision.--The employee shall 
     be compensated for each such overtime hour at a rate not less 
     than one and one-half times the regular rate at which the 
     employee is employed, in accordance with section 7(a)(1), or 
     receive compensatory time off in accordance with section 7(r) 
     for each such overtime hour.
       ``(6) Discontinuance of program or withdrawal.--
       ``(A) Discontinuance of program.--An employer that has 
     established a biweekly work program under paragraph (1) may 
     discontinue the program for employees described in paragraph 
     (2)(A)(ii) after providing 30 days' written notice to the 
     employees who are subject to an agreement described in 
     paragraph (2)(A)(ii).
       ``(B) Withdrawal.--An employee may withdraw an agreement 
     described in paragraph (2)(A)(ii) at the end of any 2-week 
     period described in paragraph (1)(A), by submitting a written 
     notice of withdrawal to the employer of the employee.
       ``(c) Prohibition of Coercion.--
       ``(1) In general.--An employer shall not directly or 
     indirectly intimidate, threaten, or coerce, or attempt to 
     intimidate, threaten, or coerce, any employee for the purpose 
     of interfering with the rights of the employee under this 
     section to elect or not to elect to work a biweekly work 
     schedule.
       ``(2) Definition.--In paragraph (1), the term `intimidate, 
     threaten, or coerce' includes promising to confer or 
     conferring any benefit (such as appointment, promotion, or 
     compensation) or effecting or threatening to effect any 
     reprisal (such as deprivation of appointment, promotion, or 
     compensation).
       ``(d) Definitions.--In this section:
       ``(1) Basic work requirement.--The term `basic work 
     requirement' means the number of hours, excluding overtime 
     hours, that an employee is required to work or is required to 
     account for by leave or otherwise.
       ``(2) Collective bargaining.--The term `collective 
     bargaining' means the performance of the mutual obligation of 
     the representative of an employer and the labor organization 
     that has been certified or recognized as the representative 
     of the employees of the employer under applicable law to meet 
     at reasonable times and to consult and bargain in a good-
     faith effort to reach agreement with respect to the 
     conditions of employment affecting such employees and to 
     execute, if requested by either party, a written document 
     incorporating any collective bargaining agreement reached, 
     but the obligation referred to in this paragraph shall not 
     compel either party to agree to a proposal or to make a 
     concession.
       ``(3) Collective bargaining agreement.--The term 
     `collective bargaining agreement' means an agreement entered 
     into as a result of collective bargaining.
       ``(4) Election.--The term `at the election of', used with 
     respect to an employee, means at the initiative of, and at 
     the request of, the employee.
       ``(5) Employee.--The term `employee' means an individual--
       ``(A) who is an employee (as defined in section 3);
       ``(B) who is not an employee of a public agency; and
       ``(C) to whom section 7(a) applies.
       ``(6) Employer.--The term `employer' does not include a 
     public agency.
       ``(7) Overtime hours.--The term `overtime hours' when used 
     with respect to biweekly work programs under subsection (b), 
     means all hours worked in excess of the biweekly work 
     schedule involved or in excess of 80 hours in the 2-week 
     period involved, that are requested in advance by an 
     employer.
       ``(8) Regular rate.--The term `regular rate' has the 
     meaning given the term in section 7(e).''.
       (b) Remedies.--
       (1) Prohibitions.--Section 15(a)(3) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
       (A) by inserting ``(A)'' after ``(3)'';
       (B) by adding ``or'' after the semicolon; and
       (C) by adding at the end the following:
       ``(B) to violate any of the provisions of section 13A;''.
       (2) Remedies and sanctions.--Section 16 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 216) is amended--
       (A) in subsection (c)--
       (i) in the first sentence--

       (I) by inserting after ``7 of this Act'' the following: ``, 
     or of the appropriate legal or monetary equitable relief 
     owing to any employee or employees under section 13A''; and
       (II) by striking ``wages or unpaid overtime compensation 
     and'' and inserting ``wages, unpaid overtime compensation, or 
     legal or monetary equitable relief, as appropriate, and'';

       (ii) in the second sentence, by striking ``wages or 
     overtime compensation and'' and inserting ``wages, unpaid 
     overtime compensation, or legal or monetary equitable relief, 
     as appropriate, and''; and
       (iii) in the third sentence--

       (I) by inserting after ``first sentence of such 
     subsection'' the following: ``, or the second sentence of 
     such subsection in the event of a violation of section 
     13A,''; and
       (II) by striking ``wages or unpaid overtime compensation 
     under sections 6 and 7 or'' and inserting ``wages, unpaid 
     overtime compensation, or legal or monetary equitable relief, 
     as appropriate, or''; and

       (B) in subsection (e)--
       (i) in the second sentence, by striking ``section 6 or 7'' 
     and inserting ``section 6, 7, or 13A''; and
       (ii) in the fourth sentence, in paragraph (3), by striking 
     ``15(a)(4) or'' and inserting ``15(a)(4), a violation of 
     section 15(a)(3)(B), or''.
       (c) Notice to Employees.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Labor shall 
     revise the materials the Secretary provides, under 
     regulations contained in section 516.4 of title 29, Code of 
     Federal Regulations, to employers for purposes of a notice 
     explaining the Fair Labor Standards Act of 1938 (29 U.S.C. 
     201 et seq.) to employees so that the notice reflects the 
     amendments made to the Act by this section.

     SEC. 4113. CONGRESSIONAL COVERAGE.

       Section 203 of the Congressional Accountability Act of 1995 
     (2 U.S.C. 1313) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``and section 12(c)'' and 
     inserting ``section 12(c), and section 13A''; and
       (B) by striking paragraph (3);
       (2) in subsection (b)--
       (A) by striking ``The remedy'' and inserting the following:
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the remedy''; and
       (B) by adding at the end the following:
       ``(2) Biweekly work programs and flexible credit hours 
     programs.--The remedy for a violation of subsection (a) 
     relating to the requirements of section 13A of the Fair Labor 
     Standards Act of 1938 shall be such remedy as would be 
     appropriate if awarded under sections 16 and 17 of such Act 
     (29 U.S.C. 216, 217) for such a violation.''; and
       (3) in subsection (c), by striking paragraph (4).

[[Page 11860]]



     SEC. 4114. TERMINATION.

       The authority provided by this subtitle and the amendments 
     made by this subtitle terminates 5 years after the date of 
     enactment of this Act.

     Subtitle C--Small Business Fair Labor Standards Act Exemption

     SEC. 4121. ENHANCED SMALL BUSINESS EXEMPTION.

       (a) In General.--Section 3(s)(1)(A)(ii) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(s)(1)(A)(ii)) is amended 
     by striking ``$500,000'' and inserting ``$1,000,000''.
       (b) Effect of Amendment.--The amendment made by subsection 
     (a) shall not apply in any State that does not have in 
     effect, or that does not subsequently enact after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2007, legislation applying minimum wage and hours 
     of work protections to workers covered by the Fair Labor 
     Standards Act of 1938 as of the day before such date of 
     enactment.

     SEC. 4122. SCOPE OF EMPLOYMENT.

       Section 6(a) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)), in the matter preceding paragraph (1), and 
     section 7(a)(1) of such Act (29 U.S.C. 207(a)(1)), are 
     amended by striking ``who in any workweek is engaged in 
     commerce or in the production of goods for commerce, or is 
     employed in an enterprise engaged in commerce or in the 
     production of goods for commerce,'' and inserting ``who in 
     any workweek is engaged in industrial homework subject to 
     section 11(d) and engaged in commerce or in the production of 
     goods for commerce, or who in any workweek is employed in an 
     enterprise engaged in commerce or in the production of goods 
     for commerce,''.

             Subtitle D--Small Business Paperwork Reduction

     SEC. 4131. SMALL BUSINESS PAPERWORK REDUCTION.

       (a) In General.--Section 3506 of title 44, United States 
     Code (commonly referred to as the ``Paperwork Reduction 
     Act''), is amended by adding at the end the following:
       ``(j)(1) In the case of a first-time violation by a small 
     business concern of a requirement regarding the collection of 
     information by an agency, the head of such agency shall 
     provide that no civil fine shall be imposed on the small 
     business concern unless, based on the particular facts and 
     circumstances regarding the violation--
       ``(A) the head of the agency determines that the violation 
     has the potential to cause serious harm to the public 
     interest;
       ``(B) the head of the agency determines that failure to 
     impose a civil fine would impede or interfere with the 
     detection of criminal activity;
       ``(C) the violation is a violation of an internal revenue 
     law or a law concerning the assessment or collection of any 
     tax, debt, revenue, or receipt;
       ``(D) the violation is not corrected on or before the date 
     that is 6 months after the date of receipt by the small 
     business concern of notification of the violation in writing 
     from the agency; or
       ``(E) except as provided in paragraph (2), the head of the 
     agency determines that the violation presents a danger to the 
     public health or safety.
       ``(2)(A) In any case in which the head of an agency 
     determines under paragraph (1)(E) that a violation presents a 
     danger to the public health or safety, the head of the agency 
     may, notwithstanding paragraph (1)(E), determine that a civil 
     fine should not be imposed on the small business concern if 
     the violation is corrected within 24 hours of receipt of 
     notice in writing by the small business concern of the 
     violation.
       ``(B) In determining whether to provide a small business 
     concern with 24 hours to correct a violation under 
     subparagraph (A), the head of the agency shall take into 
     account all of the facts and circumstances regarding the 
     violation, including--
       ``(i) the nature and seriousness of the violation, 
     including whether the violation is technical or inadvertent 
     or involves willful or criminal conduct;
       ``(ii) whether the small business concern has made a good 
     faith effort to comply with applicable laws, and to remedy 
     the violation within the shortest practicable period of time; 
     and
       ``(iii) whether the small business concern has obtained a 
     significant economic benefit from the violation.
       ``(C) In any case in which the head of the agency imposes a 
     civil fine on a small business concern for a violation with 
     respect to which this paragraph applies and does not provide 
     the small business concern with 24 hours to correct the 
     violation, the head of the agency shall notify Congress 
     regarding such determination not later than 60 days after the 
     date that the civil fine is imposed by the agency.
       ``(3) With respect to any agency, this subsection shall not 
     apply to any violation by a small business concern of a 
     requirement regarding collection of information by such 
     agency if such small business concern previously violated any 
     requirement regarding collection of information by such 
     agency.
       ``(4) In determining if a violation is a first-time 
     violation for purposes of this subsection, the head of an 
     agency shall not take into account any violation of a 
     requirement regarding collection of information by another 
     agency.
       ``(5) Notwithstanding any other provision of law, no State 
     may impose a civil penalty on a small business concern, in 
     the case of a first-time violation by the small-business 
     concern of a requirement regarding collection of information 
     under Federal law, in a manner inconsistent with the 
     provisions of this subsection.
       ``(6) For purposes of this subsection, the term `small 
     business concern' means a business concern that meets the 
     requirements of section 3(a) of the Small Business Act (15 
     U.S.C. 632(a)) and the regulations promulgated pursuant to 
     such section.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to any violation occurring on or after January 1, 
     2006.

              Subtitle E--Small Business Regulatory Relief

     SEC. 4141. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL 
                   BUSINESSES.

       (a) In General.--Section 212 of the Small Business 
     Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 
     note) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Compliance Guide.--
       ``(1) In general.--For each rule for which an agency head 
     does not make a certification under section 605(b) of title 
     5, United States Code, the agency shall publish 1 or more 
     guides to assist small entities in complying with the rule, 
     and shall entitle such publications `small entity compliance 
     guides'.
       ``(2) Publication of guides.--The publication of each guide 
     under this subsection shall include--
       ``(A) the posting of the guide in an easily identified 
     location on the website of the agency; and
       ``(B) distribution of the guide to known industry contacts, 
     such as small entities, associations, or industry leaders 
     affected by the rule.
       ``(3) Publication date.--An agency shall publish each guide 
     (including the posting and distribution of the guide as 
     described under paragraph (2))--
       ``(A) on the same date as the date of publication of the 
     final rule (or as soon as possible after that date); and
       ``(B) not later than the date on which the requirements of 
     that rule become effective.
       ``(4) Compliance actions.--
       ``(A) In general.--Each guide shall explain the actions a 
     small entity is required to take to comply with a rule.
       ``(B) Explanation.--The explanation under subparagraph 
     (A)--
       ``(i) shall include a description of actions needed to meet 
     requirements to enable a small entity to know when such 
     requirements are met; and
       ``(ii) if determined appropriate by the agency, may include 
     a description of possible procedures, such as conducting 
     tests, that assist a small entity in meeting such 
     requirements.
       ``(C) Procedures.--Procedures described under subparagraph 
     (B)(ii)--
       ``(i) shall be suggestions to assist small entities; and
       ``(ii) shall not be additional requirements relating to the 
     rule.
       ``(5) Agency preparation of guides.--The agency shall, in 
     its sole discretion, taking into account the subject matter 
     of the rule and the language of relevant statutes, ensure 
     that the guide is written using sufficiently plain language 
     likely to be understood by affected small entities. Agencies 
     may prepare separate guides covering groups or classes of 
     similarly affected small entities, and may cooperate with 
     associations of small entities to develop and distribute such 
     guides. An agency may prepare guides and apply this section 
     with respect to a rule or a group of related rules.''.
       (b) Technical and Conforming Amendment.--Section 211(3) of 
     the Small Business Regulatory Enforcement Fairness Act of 
     1996 (5 U.S.C. 601 note) is amended by inserting ``and 
     entitled'' after ``designated''.

                  Subtitle F--Minimum Wage Tip Credit

     SEC. 4151. TIPPED WAGE FAIRNESS.

       Section 3(m) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203(m)) is amended--
       (1) in paragraph (2), by inserting before the period the 
     following: ``: Provided, That the tips shall not be included 
     as part of the wage paid to an employee to the extent that 
     they are excluded therefrom under the terms of a bona fide 
     collective bargaining agreement applicable to the particular 
     employee'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (3) by striking the subsection designation and inserting 
     ``(m)(1)''; and
       (4) by adding at the end of the following:
       ``(2) Notwithstanding any other provision of this Act, any 
     State or political subdivision of a State which on and after 
     the date of enactment of the National Defense Authorization 
     Act for Fiscal Year 2007 excludes all of a tipped employee's 
     tips from being considered as wages in determining if such 
     tipped employee has been paid the applicable minimum wage 
     rate, may not establish or enforce the minimum wage rate 
     provisions of such law, ordinance, regulation, or order in 
     such State or political subdivision thereof with respect to 
     tipped employees unless such law, ordinance, regulation, or 
     order is revised or amended to permit such employee to be 
     paid a wage by the employee's employer in an amount not less 
     than an amount equal to--

[[Page 11861]]

       ``(A) the cash wage paid such employee which is required 
     under such law, ordinance, regulation, or order on the date 
     of enactment of such Act; and
       ``(B) an additional amount on account of tips received by 
     such employee which amount is equal to the difference between 
     such cash wage and the minimum wage rate in effect under such 
     law, ordinance, regulation, or order or the minimum wage rate 
     in effect under section 6, whichever is higher.''.

                 Subtitle G--Small Business Tax Relief

     SEC. 4160. AMENDMENT OF 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

     CHAPTER 1--PROVISIONS RELATING TO ECONOMIC STIMULUS FOR SMALL 
                               BUSINESSES

     SEC. 4161. EXTENSION OF INCREASED EXPENSING FOR SMALL 
                   BUSINESSES.

       (a) In General.--Section 179 (relating to election to 
     expense certain depreciable business assets) is amended by 
     striking ``2010'' each place it appears and inserting 
     ``2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 4162. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL 
                   BUSINESS.

       (a) Cash Accounting Permitted.--Section 446 (relating to 
     general rule for methods of accounting) is amended by adding 
     at the end the following new subsection:
       ``(g) Certain Small Business Taxpayers Permitted to Use 
     Cash Accounting Method Without Limitation.--
       ``(1) In general.--An eligible taxpayer shall not be 
     required to use an accrual method of accounting for any 
     taxable year.
       ``(2) Eligible taxpayer.--For purposes of this subsection--
       ``(A) In general.--A taxpayer is an eligible taxpayer with 
     respect to any taxable year if--
       ``(i) for all prior taxable years beginning after December 
     31, 2004, the taxpayer (or any predecessor) met the gross 
     receipts test of subparagraph (B), and
       ``(ii) the taxpayer is not subject to section 447 or 448.
       ``(B) Gross receipts test.--A taxpayer meets the gross 
     receipts test of this subparagraph for any prior taxable year 
     if the average annual gross receipts of the taxpayer for the 
     3-taxable-year period ending with such prior taxable year 
     does not exceed $10,000,000. The rules of paragraphs (2) and 
     (3) of section 448(c) shall apply for purposes of the 
     preceding sentence.
       ``(C) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2007, the dollar 
     amount contained in subparagraph (B) shall be increased by an 
     amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2006' for 
     `calendar year 1992' in subparagraph (B) thereof.
     If any amount as adjusted under this subparagraph is not a 
     multiple of $100,000, such amount shall be rounded to the 
     nearest multiple of $100,000.''.
       (b) Clarification of Inventory Rules for Small Business.--
     Section 471 (relating to general rule for inventories) is 
     amended by redesignating subsection (c) as subsection (d) and 
     by inserting after subsection (b) the following new 
     subsection:
       ``(c) Small Business Taxpayers Not Required to Use 
     Inventories.--
       ``(1) In general.--An eligible taxpayer shall not be 
     required to use inventories under this section for a taxable 
     year.
       ``(2) Treatment of taxpayers not using inventories.--If an 
     eligible taxpayer does not use inventories with respect to 
     any property for any taxable year beginning after December 
     31, 2005, such property shall be treated as a material or 
     supply which is not incidental.
       ``(3) Eligible taxpayer.--For purposes of this subsection, 
     the term `eligible taxpayer' has the meaning given such term 
     by section 446(g)(2).''.
       (c) Effective Date and Special Rules.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2005.
       (2) Change in method of accounting.--In the case of any 
     taxpayer changing the taxpayer's method of accounting for any 
     taxable year under the amendments made by this section--
       (A) such change shall be treated as initiated by the 
     taxpayer;
       (B) such change shall be treated as made with the consent 
     of the Secretary of the Treasury; and
       (C) the net amount of the adjustments required to be taken 
     into account by the taxpayer under section 481 of the 
     Internal Revenue Code of 1986 shall be taken into account 
     over a period (not greater than 4 taxable years) beginning 
     with such taxable year.

     SEC. 4163. EXTENSION AND EXPANSION OF 15-YEAR STRAIGHT-LINE 
                   COST RECOVERY FOR QUALIFIED RESTAURANT 
                   IMPROVEMENTS.

       (a) Extension.--
       (1) In general.--Section 168(e)(3)(E)(v) is amended by 
     striking ``2006'' and inserting ``2007''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property placed in service after December 31, 
     2005.
       (b) Modification of Treatment of Qualified Restaurant 
     Property as 15-Year Property for Purposes of Depreciation 
     Deduction.--
       (1) Treatment to include new construction.--Paragraph (7) 
     of section 168(e) (relating to classification of property) is 
     amended to read as follows:
       ``(7) Qualified restaurant property.--The term `qualified 
     restaurant property' means any section 1250 property which is 
     a building or an improvement to a building if more than 50 
     percent of the building's square footage is devoted to 
     preparation of, and seating for on-premises consumption of, 
     prepared meals.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to any property placed in service after the date 
     of the enactment of this Act.

                     CHAPTER 2--REVENUE PROVISIONS

     SEC. 4171. FRIVOLOUS TAX SUBMISSIONS.

       (a) Civil Penalties.--Section 6702 is amended to read as 
     follows:

     ``SEC. 6702. FRIVOLOUS TAX SUBMISSIONS.

       ``(a) Civil Penalty for Frivolous Tax Returns.--A person 
     shall pay a penalty of $5,000 if--
       ``(1) such person files what purports to be a return of a 
     tax imposed by this title but which--
       ``(A) does not contain information on which the substantial 
     correctness of the self-assessment may be judged, or
       ``(B) contains information that on its face indicates that 
     the self-assessment is substantially incorrect, and
       ``(2) the conduct referred to in paragraph (1)--
       ``(A) is based on a position which the Secretary has 
     identified as frivolous under subsection (c), or
       ``(B) reflects a desire to delay or impede the 
     administration of Federal tax laws.
       ``(b) Civil Penalty for Specified Frivolous Submissions.--
       ``(1) Imposition of penalty.--Except as provided in 
     paragraph (3), any person who submits a specified frivolous 
     submission shall pay a penalty of $5,000.
       ``(2) Specified frivolous submission.--For purposes of this 
     section--
       ``(A) Specified frivolous submission.--The term `specified 
     frivolous submission' means a specified submission if any 
     portion of such submission--
       ``(i) is based on a position which the Secretary has 
     identified as frivolous under subsection (c), or
       ``(ii) reflects a desire to delay or impede the 
     administration of Federal tax laws.
       ``(B) Specified submission.--The term `specified 
     submission' means--
       ``(i) a request for a hearing under--

       ``(I) section 6320 (relating to notice and opportunity for 
     hearing upon filing of notice of lien), or
       ``(II) section 6330 (relating to notice and opportunity for 
     hearing before levy), and

       ``(ii) an application under--

       ``(I) section 6159 (relating to agreements for payment of 
     tax liability in installments),
       ``(II) section 7122 (relating to compromises), or
       ``(III) section 7811 (relating to taxpayer assistance 
     orders).

       ``(3) Opportunity to withdraw submission.--If the Secretary 
     provides a person with notice that a submission is a 
     specified frivolous submission and such person withdraws such 
     submission within 30 days after such notice, the penalty 
     imposed under paragraph (1) shall not apply with respect to 
     such submission.
       ``(c) Listing of Frivolous Positions.--The Secretary shall 
     prescribe (and periodically revise) a list of positions which 
     the Secretary has identified as being frivolous for purposes 
     of this subsection. The Secretary shall not include in such 
     list any position that the Secretary determines meets the 
     requirement of section 6662(d)(2)(B)(ii)(II).
       ``(d) Reduction of Penalty.--The Secretary may reduce the 
     amount of any penalty imposed under this section if the 
     Secretary determines that such reduction would promote 
     compliance with and administration of the Federal tax laws.
       ``(e) Penalties in Addition to Other Penalties.--The 
     penalties imposed by this section shall be in addition to any 
     other penalty provided by law.''.
       (b) Treatment of Frivolous Requests for Hearings Before 
     Levy.--
       (1) Frivolous requests disregarded.--Section 6330 (relating 
     to notice and opportunity for hearing before levy) is amended 
     by adding at the end the following new subsection:
       ``(g) Frivolous Requests for Hearing, Etc.--Notwithstanding 
     any other provision of this section, if the Secretary 
     determines that any portion of a request for a hearing under 
     this section or section 6320 meets the requirement of clause 
     (i) or (ii) of section 6702(b)(2)(A), then the Secretary may 
     treat such portion as if it were never submitted and such 
     portion shall not be subject to any further administrative or 
     judicial review.''.

[[Page 11862]]

       (2) Preclusion from raising frivolous issues at hearing.--
     Section 6330(c)(4) is amended--
       (A) by striking ``(A)'' and inserting ``(A)(i)'';
       (B) by striking ``(B)'' and inserting ``(ii)'';
       (C) by striking the period at the end of the first sentence 
     and inserting ``; or''; and
       (D) by inserting after subparagraph (A)(ii) (as so 
     redesignated) the following:
       ``(B) the issue meets the requirement of clause (i) or (ii) 
     of section 6702(b)(2)(A).''.
       (3) Statement of grounds.--Section 6330(b)(1) is amended by 
     striking ``under subsection (a)(3)(B)'' and inserting ``in 
     writing under subsection (a)(3)(B) and states the grounds for 
     the requested hearing''.
       (c) Treatment of Frivolous Requests for Hearings Upon 
     Filing of Notice of Lien.--Section 6320 is amended--
       (1) in subsection (b)(1), by striking ``under subsection 
     (a)(3)(B)'' and inserting ``in writing under subsection 
     (a)(3)(B) and states the grounds for the requested hearing'', 
     and
       (2) in subsection (c), by striking ``and (e)'' and 
     inserting ``(e), and (g)''.
       (d) Treatment of Frivolous Applications for Offers-in-
     Compromise and Installment Agreements.--Section 7122 is 
     amended by adding at the end the following new subsection:
       ``(e) Frivolous Submissions, Etc.--Notwithstanding any 
     other provision of this section, if the Secretary determines 
     that any portion of an application for an offer-in-compromise 
     or installment agreement submitted under this section or 
     section 6159 meets the requirement of clause (i) or (ii) of 
     section 6702(b)(2)(A), then the Secretary may treat such 
     portion as if it were never submitted and such portion shall 
     not be subject to any further administrative or judicial 
     review.''.
       (e) Clerical Amendment.--The table of sections for part I 
     of subchapter B of chapter 68 is amended by striking the item 
     relating to section 6702 and inserting the following new 
     item:

``Sec. 6702. Frivolous tax submissions.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to submissions made and issues raised after the 
     date on which the Secretary first prescribes a list under 
     section 6702(c) of the Internal Revenue Code of 1986, as 
     amended by subsection (a).

     SEC. 4172. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION 
                   FOR THE UNDERPAYMENT OR OVERPAYMENT OF TAX DUE 
                   TO FRAUD.

       (a) In General.--Section 7206 (relating to fraud and false 
     statements) is amended--
       (1) by striking ``Any person who--'' and inserting ``(a) In 
     General.--Any person who'' and
       (2) by adding at the end the following new subsection:
       ``(b) Increase in Monetary Limitation for Underpayment or 
     Overpayment of Tax Due to Fraud.--If any portion of any 
     underpayment (as defined in section 6664(a)) or overpayment 
     (as defined in section 6401(a)) of tax required to be shown 
     on a return is attributable to fraudulent action described in 
     subsection (a), the applicable dollar amount under subsection 
     (a) shall in no event be less than an amount equal to such 
     portion. A rule similar to the rule under section 6663(b) 
     shall apply for purposes of determining the portion so 
     attributable.''.
       (b) Increase in Penalties.--
       (1) Attempt to evade or defeat tax.--Section 7201 is 
     amended--
       (A) by striking ``$100,000'' and inserting ``$500,000'',
       (B) by striking ``$500,000'' and inserting ``$1,000,000'', 
     and
       (C) by striking ``5 years'' and inserting ``10 years''.
       (2) Willful failure to file return, supply information, or 
     pay tax.--Section 7203 is amended--
       (A) in the first sentence--
       (i) by striking ``Any person'' and inserting the following:
       ``(a) In General.--Any person'', and
       (ii) by striking ``$25,000'' and inserting ``$50,000'',
       (B) in the third sentence, by striking ``section'' and 
     inserting ``subsection'', and
       (C) by adding at the end the following new subsection:
       ``(b) Aggravated Failure To File.--
       ``(1) In general.--In the case of any failure described in 
     paragraph (2), the first sentence of subsection (a) shall be 
     applied by substituting--
       ``(A) `felony' for `misdemeanor',
       ``(B) `$500,000 ($1,000,000' for `$25,000 ($100,000', and
       ``(C) `10 years' for `1 year'.
       ``(2) Failure described.--A failure described in this 
     paragraph is a failure to make a return described in 
     subsection (a) for a period of 3 or more consecutive taxable 
     years.''.
       (3) Fraud and false statements.--Section 7206(a) (as 
     redesignated by subsection (a)) is amended--
       (A) by striking ``$100,000'' and inserting ``$500,000'',
       (B) by striking ``$500,000'' and inserting ``$1,000,000'', 
     and
       (C) by striking ``3 years'' and inserting ``5 years''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to actions, and failures to act, occurring after 
     the date of the enactment of this Act.

     SEC. 4173. TAX TREATMENT OF INVERTED ENTITIES.

       (a) In General.--Section 7874 is amended--
       (1) by striking ``March 4, 2003'' in subsection 
     (a)(2)(B)(i) and in the matter following subsection 
     (a)(2)(B)(iii) and inserting ``March 20, 2002'',
       (2) by striking ``at least 60 percent'' in subsection 
     (a)(2)(B)(ii) and inserting ``more than 50 percent'',
       (3) by striking ``80 percent'' in subsection (b) and 
     inserting ``at least 80 percent'',
       (4) by striking ``60 percent'' in subsection (b) and 
     inserting ``more than 50 percent'',
       (5) by adding at the end of subsection (a)(2) the following 
     new sentence: ``Except as provided in regulations, an 
     acquisition of properties of a domestic corporation shall not 
     be treated as described in subparagraph (B) if none of the 
     corporation's stock was readily tradeable on an established 
     securities market at any time during the 4-year period ending 
     on the date of the acquisition.'', and
       (6) by redesignating subsection (g) as subsection (h) and 
     by inserting after subsection (f) the following new 
     subsection:
       ``(g) Special Rules Applicable to Expatriated Entities.--
       ``(1) Increases in accuracy-related penalties.--In the case 
     of any underpayment of tax of an expatriated entity--
       ``(A) section 6662(a) shall be applied with respect to such 
     underpayment by substituting `30 percent' for `20 percent', 
     and
       ``(B) if such underpayment is attributable to one or more 
     gross valuation understatements, the increase in the rate of 
     penalty under section 6662(h) shall be to 50 percent rather 
     than 40 percent.
       ``(2) Modifications of limitation on interest deduction.--
     In the case of an expatriated entity, section 163(j) shall be 
     applied--
       ``(A) without regard to paragraph (2)(A)(ii) thereof, and
       ``(B) by substituting `25 percent' for `50 percent' each 
     place it appears in paragraph (2)(B) thereof.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after March 20, 2002.

     SEC. 4174. REVISION OF TAX RULES ON EXPATRIATION OF 
                   INDIVIDUALS.

       (a) In General.--Subpart A of part II of subchapter N of 
     chapter 1 is amended by inserting after section 877 the 
     following new section:

     ``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

       ``(a) General Rules.--For purposes of this subtitle--
       ``(1) Mark to market.--Except as provided in subsections 
     (d) and (f), all property of a covered expatriate to whom 
     this section applies shall be treated as sold on the day 
     before the expatriation date for its fair market value.
       ``(2) Recognition of gain or loss.--In the case of any sale 
     under paragraph (1)--
       ``(A) notwithstanding any other provision of this title, 
     any gain arising from such sale shall be taken into account 
     for the taxable year of the sale, and
       ``(B) any loss arising from such sale shall be taken into 
     account for the taxable year of the sale to the extent 
     otherwise provided by this title, except that section 1091 
     shall not apply to any such loss.
     Proper adjustment shall be made in the amount of any gain or 
     loss subsequently realized for gain or loss taken into 
     account under the preceding sentence.
       ``(3) Exclusion for certain gain.--
       ``(A) In general.--The amount which, but for this 
     paragraph, would be includible in the gross income of any 
     individual by reason of this section shall be reduced (but 
     not below zero) by $600,000. For purposes of this paragraph, 
     allocable expatriation gain taken into account under 
     subsection (f)(2) shall be treated in the same manner as an 
     amount required to be includible in gross income.
       ``(B) Cost-of-living adjustment.--
       ``(i) In general.--In the case of an expatriation date 
     occurring in any calendar year after 2005, the $600,000 
     amount under subparagraph (A) shall be increased by an amount 
     equal to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2004' for `calendar year 1992' in 
     subparagraph (B) thereof.

       ``(ii) Rounding rules.--If any amount after adjustment 
     under clause (i) is not a multiple of $1,000, such amount 
     shall be rounded to the next lower multiple of $1,000.
       ``(4) Election to continue to be taxed as united states 
     citizen.--
       ``(A) In general.--If a covered expatriate elects the 
     application of this paragraph--
       ``(i) this section (other than this paragraph and 
     subsection (i)) shall not apply to the expatriate, but
       ``(ii) in the case of property to which this section would 
     apply but for such election, the expatriate shall be subject 
     to tax under this title in the same manner as if the 
     individual were a United States citizen.
       ``(B) Requirements.--Subparagraph (A) shall not apply to an 
     individual unless the individual--
       ``(i) provides security for payment of tax in such form and 
     manner, and in such amount, as the Secretary may require,
       ``(ii) consents to the waiver of any right of the 
     individual under any treaty of the

[[Page 11863]]

     United States which would preclude assessment or collection 
     of any tax which may be imposed by reason of this paragraph, 
     and
       ``(iii) complies with such other requirements as the 
     Secretary may prescribe.
       ``(C) Election.--An election under subparagraph (A) shall 
     apply to all property to which this section would apply but 
     for the election and, once made, shall be irrevocable. Such 
     election shall also apply to property the basis of which is 
     determined in whole or in part by reference to the property 
     with respect to which the election was made.
       ``(b) Election to Defer Tax.--
       ``(1) In general.--If the taxpayer elects the application 
     of this subsection with respect to any property treated as 
     sold by reason of subsection (a), the payment of the 
     additional tax attributable to such property shall be 
     postponed until the due date of the return for the taxable 
     year in which such property is disposed of (or, in the case 
     of property disposed of in a transaction in which gain is not 
     recognized in whole or in part, until such other date as the 
     Secretary may prescribe).
       ``(2) Determination of tax with respect to property.--For 
     purposes of paragraph (1), the additional tax attributable to 
     any property is an amount which bears the same ratio to the 
     additional tax imposed by this chapter for the taxable year 
     solely by reason of subsection (a) as the gain taken into 
     account under subsection (a) with respect to such property 
     bears to the total gain taken into account under subsection 
     (a) with respect to all property to which subsection (a) 
     applies.
       ``(3) Termination of postponement.--No tax may be postponed 
     under this subsection later than the due date for the return 
     of tax imposed by this chapter for the taxable year which 
     includes the date of death of the expatriate (or, if earlier, 
     the time that the security provided with respect to the 
     property fails to meet the requirements of paragraph (4), 
     unless the taxpayer corrects such failure within the time 
     specified by the Secretary).
       ``(4) Security.--
       ``(A) In general.--No election may be made under paragraph 
     (1) with respect to any property unless adequate security is 
     provided to the Secretary with respect to such property.
       ``(B) Adequate security.--For purposes of subparagraph (A), 
     security with respect to any property shall be treated as 
     adequate security if--
       ``(i) it is a bond in an amount equal to the deferred tax 
     amount under paragraph (2) for the property, or
       ``(ii) the taxpayer otherwise establishes to the 
     satisfaction of the Secretary that the security is adequate.
       ``(5) Waiver of certain rights.--No election may be made 
     under paragraph (1) unless the taxpayer consents to the 
     waiver of any right under any treaty of the United States 
     which would preclude assessment or collection of any tax 
     imposed by reason of this section.
       ``(6) Elections.--An election under paragraph (1) shall 
     only apply to property described in the election and, once 
     made, is irrevocable. An election may be made under paragraph 
     (1) with respect to an interest in a trust with respect to 
     which gain is required to be recognized under subsection 
     (f)(1).
       ``(7) Interest.--For purposes of section 6601--
       ``(A) the last date for the payment of tax shall be 
     determined without regard to the election under this 
     subsection, and
       ``(B) section 6621(a)(2) shall be applied by substituting 
     `5 percentage points' for `3 percentage points' in 
     subparagraph (B) thereof.
       ``(c) Covered Expatriate.--For purposes of this section--
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `covered expatriate' means an expatriate.
       ``(2) Exceptions.--An individual shall not be treated as a 
     covered expatriate if--
       ``(A) the individual--
       ``(i) became at birth a citizen of the United States and a 
     citizen of another country and, as of the expatriation date, 
     continues to be a citizen of, and is taxed as a resident of, 
     such other country, and
       ``(ii) has not been a resident of the United States (as 
     defined in section 7701(b)(1)(A)(ii)) during the 5 taxable 
     years ending with the taxable year during which the 
     expatriation date occurs, or
       ``(B)(i) the individual's relinquishment of United States 
     citizenship occurs before such individual attains age 18\1/
     2\, and
       ``(ii) the individual has been a resident of the United 
     States (as so defined) for not more than 5 taxable years 
     before the date of relinquishment.
       ``(d) Exempt Property; Special Rules for Pension Plans.--
       ``(1) Exempt property.--This section shall not apply to the 
     following:
       ``(A) United states real property interests.--Any United 
     States real property interest (as defined in section 
     897(c)(1)), other than stock of a United States real property 
     holding corporation which does not, on the day before the 
     expatriation date, meet the requirements of section 
     897(c)(2).
       ``(B) Specified property.--Any property or interest in 
     property not described in subparagraph (A) which the 
     Secretary specifies in regulations.
       ``(2) Special rules for certain retirement plans.--
       ``(A) In general.--If a covered expatriate holds on the day 
     before the expatriation date any interest in a retirement 
     plan to which this paragraph applies--
       ``(i) such interest shall not be treated as sold for 
     purposes of subsection (a)(1), but
       ``(ii) an amount equal to the present value of the 
     expatriate's nonforfeitable accrued benefit shall be treated 
     as having been received by such individual on such date as a 
     distribution under the plan.
       ``(B) Treatment of subsequent distributions.--In the case 
     of any distribution on or after the expatriation date to or 
     on behalf of the covered expatriate from a plan from which 
     the expatriate was treated as receiving a distribution under 
     subparagraph (A), the amount otherwise includible in gross 
     income by reason of the subsequent distribution shall be 
     reduced by the excess of the amount includible in gross 
     income under subparagraph (A) over any portion of such amount 
     to which this subparagraph previously applied.
       ``(C) Treatment of subsequent distributions by plan.--For 
     purposes of this title, a retirement plan to which this 
     paragraph applies, and any person acting on the plan's 
     behalf, shall treat any subsequent distribution described in 
     subparagraph (B) in the same manner as such distribution 
     would be treated without regard to this paragraph.
       ``(D) Applicable plans.--This paragraph shall apply to--
       ``(i) any qualified retirement plan (as defined in section 
     4974(c)),
       ``(ii) an eligible deferred compensation plan (as defined 
     in section 457(b)) of an eligible employer described in 
     section 457(e)(1)(A), and
       ``(iii) to the extent provided in regulations, any foreign 
     pension plan or similar retirement arrangements or programs.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Expatriate.--The term `expatriate' means--
       ``(A) any United States citizen who relinquishes 
     citizenship, and
       ``(B) any long-term resident of the United States who--
       ``(i) ceases to be a lawful permanent resident of the 
     United States (within the meaning of section 7701(b)(6)), or
       ``(ii) commences to be treated as a resident of a foreign 
     country under the provisions of a tax treaty between the 
     United States and the foreign country and who does not waive 
     the benefits of such treaty applicable to residents of the 
     foreign country.
       ``(2) Expatriation date.--The term `expatriation date' 
     means--
       ``(A) the date an individual relinquishes United States 
     citizenship, or
       ``(B) in the case of a long-term resident of the United 
     States, the date of the event described in clause (i) or (ii) 
     of paragraph (1)(B).
       ``(3) Relinquishment of citizenship.--A citizen shall be 
     treated as relinquishing United States citizenship on the 
     earliest of--
       ``(A) the date the individual renounces such individual's 
     United States nationality before a diplomatic or consular 
     officer of the United States pursuant to paragraph (5) of 
     section 349(a) of the Immigration and Nationality Act (8 
     U.S.C. 1481(a)(5)),
       ``(B) the date the individual furnishes to the United 
     States Department of State a signed statement of voluntary 
     relinquishment of United States nationality confirming the 
     performance of an act of expatriation specified in paragraph 
     (1), (2), (3), or (4) of section 349(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
       ``(C) the date the United States Department of State issues 
     to the individual a certificate of loss of nationality, or
       ``(D) the date a court of the United States cancels a 
     naturalized citizen's certificate of naturalization.
     Subparagraph (A) or (B) shall not apply to any individual 
     unless the renunciation or voluntary relinquishment is 
     subsequently approved by the issuance to the individual of a 
     certificate of loss of nationality by the United States 
     Department of State.
       ``(4) Long-term resident.--The term `long-term resident' 
     has the meaning given to such term by section 877(e)(2).
       ``(f) Special Rules Applicable to Beneficiaries' Interests 
     in Trust.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     an individual is determined under paragraph (3) to hold an 
     interest in a trust on the day before the expatriation date--
       ``(A) the individual shall not be treated as having sold 
     such interest,
       ``(B) such interest shall be treated as a separate share in 
     the trust, and
       ``(C)(i) such separate share shall be treated as a separate 
     trust consisting of the assets allocable to such share,
       ``(ii) the separate trust shall be treated as having sold 
     its assets on the day before the expatriation date for their 
     fair market value and as having distributed all of its assets 
     to the individual as of such time, and
       ``(iii) the individual shall be treated as having 
     recontributed the assets to the separate trust.
     Subsection (a)(2) shall apply to any income, gain, or loss of 
     the individual arising from a distribution described in 
     subparagraph (C)(ii). In determining the amount of such 
     distribution, proper adjustments shall be

[[Page 11864]]

     made for liabilities of the trust allocable to an 
     individual's share in the trust.
       ``(2) Special rules for interests in qualified trusts.--
       ``(A) In general.--If the trust interest described in 
     paragraph (1) is an interest in a qualified trust--
       ``(i) paragraph (1) and subsection (a) shall not apply, and
       ``(ii) in addition to any other tax imposed by this title, 
     there is hereby imposed on each distribution with respect to 
     such interest a tax in the amount determined under 
     subparagraph (B).
       ``(B) Amount of tax.--The amount of tax under subparagraph 
     (A)(ii) shall be equal to the lesser of--
       ``(i) the highest rate of tax imposed by section 1(e) for 
     the taxable year which includes the day before the 
     expatriation date, multiplied by the amount of the 
     distribution, or
       ``(ii) the balance in the deferred tax account immediately 
     before the distribution determined without regard to any 
     increases under subparagraph (C)(ii) after the 30th day 
     preceding the distribution.
       ``(C) Deferred tax account.--For purposes of subparagraph 
     (B)(ii)--
       ``(i) Opening balance.--The opening balance in a deferred 
     tax account with respect to any trust interest is an amount 
     equal to the tax which would have been imposed on the 
     allocable expatriation gain with respect to the trust 
     interest if such gain had been included in gross income under 
     subsection (a).
       ``(ii) Increase for interest.--The balance in the deferred 
     tax account shall be increased by the amount of interest 
     determined (on the balance in the account at the time the 
     interest accrues), for periods after the 90th day after the 
     expatriation date, by using the rates and method applicable 
     under section 6621 for underpayments of tax for such periods, 
     except that section 6621(a)(2) shall be applied by 
     substituting `5 percentage points' for `3 percentage points' 
     in subparagraph (B) thereof.
       ``(iii) Decrease for taxes previously paid.--The balance in 
     the tax deferred account shall be reduced--

       ``(I) by the amount of taxes imposed by subparagraph (A) on 
     any distribution to the person holding the trust interest, 
     and
       ``(II) in the case of a person holding a nonvested 
     interest, to the extent provided in regulations, by the 
     amount of taxes imposed by subparagraph (A) on distributions 
     from the trust with respect to nonvested interests not held 
     by such person.

       ``(D) Allocable expatriation gain.--For purposes of this 
     paragraph, the allocable expatriation gain with respect to 
     any beneficiary's interest in a trust is the amount of gain 
     which would be allocable to such beneficiary's vested and 
     nonvested interests in the trust if the beneficiary held 
     directly all assets allocable to such interests.
       ``(E) Tax deducted and withheld.--
       ``(i) In general.--The tax imposed by subparagraph (A)(ii) 
     shall be deducted and withheld by the trustees from the 
     distribution to which it relates.
       ``(ii) Exception where failure to waive treaty rights.--If 
     an amount may not be deducted and withheld under clause (i) 
     by reason of the distributee failing to waive any treaty 
     right with respect to such distribution--

       ``(I) the tax imposed by subparagraph (A)(ii) shall be 
     imposed on the trust and each trustee shall be personally 
     liable for the amount of such tax, and
       ``(II) any other beneficiary of the trust shall be entitled 
     to recover from the distributee the amount of such tax 
     imposed on the other beneficiary.

       ``(F) Disposition.--If a trust ceases to be a qualified 
     trust at any time, a covered expatriate disposes of an 
     interest in a qualified trust, or a covered expatriate 
     holding an interest in a qualified trust dies, then, in lieu 
     of the tax imposed by subparagraph (A)(ii), there is hereby 
     imposed a tax equal to the lesser of--
       ``(i) the tax determined under paragraph (1) as if the day 
     before the expatriation date were the date of such cessation, 
     disposition, or death, whichever is applicable, or
       ``(ii) the balance in the tax deferred account immediately 
     before such date.
     Such tax shall be imposed on the trust and each trustee shall 
     be personally liable for the amount of such tax and any other 
     beneficiary of the trust shall be entitled to recover from 
     the covered expatriate or the estate the amount of such tax 
     imposed on the other beneficiary.
       ``(G) Definitions and special rules.--For purposes of this 
     paragraph--
       ``(i) Qualified trust.--The term `qualified trust' means a 
     trust which is described in section 7701(a)(30)(E).
       ``(ii) Vested interest.--The term `vested interest' means 
     any interest which, as of the day before the expatriation 
     date, is vested in the beneficiary.
       ``(iii) Nonvested interest.--The term `nonvested interest' 
     means, with respect to any beneficiary, any interest in a 
     trust which is not a vested interest. Such interest shall be 
     determined by assuming the maximum exercise of discretion in 
     favor of the beneficiary and the occurrence of all 
     contingencies in favor of the beneficiary.
       ``(iv) Adjustments.--The Secretary may provide for such 
     adjustments to the bases of assets in a trust or a deferred 
     tax account, and the timing of such adjustments, in order to 
     ensure that gain is taxed only once.
       ``(v) Coordination with retirement plan rules.--This 
     subsection shall not apply to an interest in a trust which is 
     part of a retirement plan to which subsection (d)(2) applies.
       ``(3) Determination of beneficiaries' interest in trust.--
       ``(A) Determinations under paragraph (1).--For purposes of 
     paragraph (1), a beneficiary's interest in a trust shall be 
     based upon all relevant facts and circumstances, including 
     the terms of the trust instrument and any letter of wishes or 
     similar document, historical patterns of trust distributions, 
     and the existence of and functions performed by a trust 
     protector or any similar adviser.
       ``(B) Other determinations.--For purposes of this section--
       ``(i) Constructive ownership.--If a beneficiary of a trust 
     is a corporation, partnership, trust, or estate, the 
     shareholders, partners, or beneficiaries shall be deemed to 
     be the trust beneficiaries for purposes of this section.
       ``(ii) Taxpayer return position.--A taxpayer shall clearly 
     indicate on its income tax return--

       ``(I) the methodology used to determine that taxpayer's 
     trust interest under this section, and
       ``(II) if the taxpayer knows (or has reason to know) that 
     any other beneficiary of such trust is using a different 
     methodology to determine such beneficiary's trust interest 
     under this section.

       ``(g) Termination of Deferrals, etc.--In the case of any 
     covered expatriate, notwithstanding any other provision of 
     this title--
       ``(1) any period during which recognition of income or gain 
     is deferred shall terminate on the day before the 
     expatriation date, and
       ``(2) any extension of time for payment of tax shall cease 
     to apply on the day before the expatriation date and the 
     unpaid portion of such tax shall be due and payable at the 
     time and in the manner prescribed by the Secretary.
       ``(h) Imposition of Tentative Tax.--
       ``(1) In general.--If an individual is required to include 
     any amount in gross income under subsection (a) for any 
     taxable year, there is hereby imposed, immediately before the 
     expatriation date, a tax in an amount equal to the amount of 
     tax which would be imposed if the taxable year were a short 
     taxable year ending on the expatriation date.
       ``(2) Due date.--The due date for any tax imposed by 
     paragraph (1) shall be the 90th day after the expatriation 
     date.
       ``(3) Treatment of tax.--Any tax paid under paragraph (1) 
     shall be treated as a payment of the tax imposed by this 
     chapter for the taxable year to which subsection (a) applies.
       ``(4) Deferral of tax.--The provisions of subsection (b) 
     shall apply to the tax imposed by this subsection to the 
     extent attributable to gain includible in gross income by 
     reason of this section.
       ``(i) Special Liens for Deferred Tax Amounts.--
       ``(1) Imposition of lien.--
       ``(A) In general.--If a covered expatriate makes an 
     election under subsection (a)(4) or (b) which results in the 
     deferral of any tax imposed by reason of subsection (a), the 
     deferred amount (including any interest, additional amount, 
     addition to tax, assessable penalty, and costs attributable 
     to the deferred amount) shall be a lien in favor of the 
     United States on all property of the expatriate located in 
     the United States (without regard to whether this section 
     applies to the property).
       ``(B) Deferred amount.--For purposes of this subsection, 
     the deferred amount is the amount of the increase in the 
     covered expatriate's income tax which, but for the election 
     under subsection (a)(4) or (b), would have occurred by reason 
     of this section for the taxable year including the 
     expatriation date.
       ``(2) Period of lien.--The lien imposed by this subsection 
     shall arise on the expatriation date and continue until--
       ``(A) the liability for tax by reason of this section is 
     satisfied or has become unenforceable by reason of lapse of 
     time, or
       ``(B) it is established to the satisfaction of the 
     Secretary that no further tax liability may arise by reason 
     of this section.
       ``(3) Certain rules apply.--The rules set forth in 
     paragraphs (1), (3), and (4) of section 6324A(d) shall apply 
     with respect to the lien imposed by this subsection as if it 
     were a lien imposed by section 6324A.
       ``(j) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (b) Inclusion in Income of Gifts and Bequests Received by 
     United States Citizens and Residents From Expatriates.--
     Section 102 (relating to gifts, etc. not included in gross 
     income) is amended by adding at the end the following new 
     subsection:
       ``(d) Gifts and Inheritances From Covered Expatriates.--
       ``(1) In general.--Subsection (a) shall not exclude from 
     gross income the value of any property acquired by gift, 
     bequest, devise, or

[[Page 11865]]

     inheritance from a covered expatriate after the expatriation 
     date. For purposes of this subsection, any term used in this 
     subsection which is also used in section 877A shall have the 
     same meaning as when used in section 877A.
       ``(2) Exceptions for transfers otherwise subject to estate 
     or gift tax.--Paragraph (1) shall not apply to any property 
     if either--
       ``(A) the gift, bequest, devise, or inheritance is--
       ``(i) shown on a timely filed return of tax imposed by 
     chapter 12 as a taxable gift by the covered expatriate, or
       ``(ii) included in the gross estate of the covered 
     expatriate for purposes of chapter 11 and shown on a timely 
     filed return of tax imposed by chapter 11 of the estate of 
     the covered expatriate, or
       ``(B) no such return was timely filed but no such return 
     would have been required to be filed even if the covered 
     expatriate were a citizen or long-term resident of the United 
     States.''.
       (c) Definition of Termination of United States 
     Citizenship.--Section 7701(a) is amended by adding at the end 
     the following new paragraph:
       ``(49) Termination of united states citizenship.--
       ``(A) In general.--An individual shall not cease to be 
     treated as a United States citizen before the date on which 
     the individual's citizenship is treated as relinquished under 
     section 877A(e)(3).
       ``(B) Dual citizens.--Under regulations prescribed by the 
     Secretary, subparagraph (A) shall not apply to an individual 
     who became at birth a citizen of the United States and a 
     citizen of another country.''.
       (d) Ineligibility for Visa or Admission to United States.--
       (1) In general.--Section 212(a)(10)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(10)(E)) is amended to 
     read as follows:
       ``(E) Former citizens not in compliance with expatriation 
     revenue provisions.--Any alien who is a former citizen of the 
     United States who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3) of the Internal 
     Revenue Code of 1986) and who is not in compliance with 
     section 877A of such Code (relating to expatriation) is 
     inadmissible.''.
       (2) Availability of information.--
       (A) In general.--Section 6103(l) (relating to disclosure of 
     returns and return information for purposes other than tax 
     administration) is amended by adding at the end the following 
     new paragraph:
       ``(21) Disclosure to deny visa or admission to certain 
     expatriates.--Upon written request of the Attorney General or 
     the Attorney General's delegate, the Secretary shall disclose 
     whether an individual is in compliance with section 877A (and 
     if not in compliance, any items of noncompliance) to officers 
     and employees of the Federal agency responsible for 
     administering section 212(a)(10)(E) of the Immigration and 
     Nationality Act solely for the purpose of, and to the extent 
     necessary in, administering such section 212(a)(10)(E).''.
       (B) Safeguards.--Section 6103(p)(4) (relating to 
     safeguards) is amended by striking ``or (20)'' each place it 
     appears and inserting ``(20), or (21)''.
       (3) Effective dates.--The amendments made by this 
     subsection shall apply to individuals who relinquish United 
     States citizenship on or after the date of the enactment of 
     this Act.
       (e) Conforming Amendments.--
       (1) Section 877 is amended by adding at the end the 
     following new subsection:
       ``(h) Application.--This section shall not apply to an 
     expatriate (as defined in section 877A(e)) whose expatriation 
     date (as so defined) occurs on or after the date of the 
     enactment of this subsection.''.
       (2) Section 2107 is amended by adding at the end the 
     following new subsection:
       ``(f) Application.--This section shall not apply to any 
     expatriate subject to section 877A.''.
       (3) Section 2501(a)(3) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Application.--This paragraph shall not apply to any 
     expatriate subject to section 877A.''.
       (4) Section 6039G(a) is amended by inserting ``or 877A'' 
     after ``section 877(b)''.
       (5) The second sentence of section 6039G(d) is amended by 
     inserting ``or who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3))'' after ``section 
     877(a))''.
       (f) Clerical Amendment.--The table of sections for subpart 
     A of part II of subchapter N of chapter 1 is amended by 
     inserting after the item relating to section 877 the 
     following new item:

``Sec. 877A. Tax responsibilities of expatriation.''.
       (g) Effective Date.--
       (1) In general.--Except as provided in this subsection, the 
     amendments made by this section shall apply to expatriates 
     (within the meaning of section 877A(e) of the Internal 
     Revenue Code of 1986, as added by this section) whose 
     expatriation date (as so defined) occurs on or after the date 
     of the enactment of this Act.
       (2) Gifts and bequests.--Section 102(d) of the Internal 
     Revenue Code of 1986 (as added by subsection (b)) shall apply 
     to gifts and bequests received on or after the date of the 
     enactment of this Act, from an individual or the estate of an 
     individual whose expatriation date (as so defined) occurs 
     after such date.
       (3) Due date for tentative tax.--The due date under section 
     877A(h)(2) of the Internal Revenue Code of 1986, as added by 
     this section, shall in no event occur before the 90th day 
     after the date of the enactment of this Act.

     SEC. 4175. DOUBLING OF CERTAIN PENALTIES, FINES, AND INTEREST 
                   ON UNDERPAYMENTS RELATED TO CERTAIN OFFSHORE 
                   FINANCIAL ARRANGEMENTS.

       (a) Determination of Penalty.--
       (1) In general.--Notwithstanding any other provision of 
     law, in the case of an applicable taxpayer--
       (A) the determination as to whether any interest or 
     applicable penalty is to be imposed with respect to any 
     arrangement described in paragraph (2), or to any 
     underpayment of Federal income tax attributable to items 
     arising in connection with any such arrangement, shall be 
     made without regard to the rules of subsections (b), (c), and 
     (d) of section 6664 of the Internal Revenue Code of 1986, and
       (B) if any such interest or applicable penalty is imposed, 
     the amount of such interest or penalty shall be equal to 
     twice that determined without regard to this section.
       (2) Applicable taxpayer.--For purposes of this subsection--
       (A) In general.--The term ``applicable taxpayer'' means a 
     taxpayer which--
       (i) has underreported its United States income tax 
     liability with respect to any item which directly or 
     indirectly involves--

       (I) any financial arrangement which in any manner relies on 
     the use of offshore payment mechanisms (including credit, 
     debit, or charge cards) issued by banks or other entities in 
     foreign jurisdictions, or
       (II) any offshore financial arrangement (including any 
     arrangement with foreign banks, financial institutions, 
     corporations, partnerships, trusts, or other entities), and

       (ii) has neither signed a closing agreement pursuant to the 
     Voluntary Offshore Compliance Initiative established by the 
     Department of the Treasury under Revenue Procedure 2003-11 
     nor voluntarily disclosed its participation in such 
     arrangement by notifying the Internal Revenue Service of such 
     arrangement prior to the issue being raised by the Internal 
     Revenue Service during an examination.
       (B) Authority to waive.--The Secretary of the Treasury or 
     the Secretary's delegate may waive the application of 
     paragraph (1) to any taxpayer if the Secretary or the 
     Secretary's delegate determines that the use of such offshore 
     payment mechanisms is incidental to the transaction and, in 
     addition, in the case of a trade or business, such use is 
     conducted in the ordinary course of the type of trade or 
     business of the taxpayer.
       (C) Issues raised.--For purposes of subparagraph (A)(ii), 
     an item shall be treated as an issue raised during an 
     examination if the individual examining the return--
       (i) communicates to the taxpayer knowledge about the 
     specific item, or
       (ii) has made a request to the taxpayer for information and 
     the taxpayer could not make a complete response to that 
     request without giving the examiner knowledge of the specific 
     item.
       (b) Applicable Penalty.--For purposes of this section, the 
     term ``applicable penalty'' means any penalty, addition to 
     tax, or fine imposed under chapter 68 of the Internal Revenue 
     Code of 1986.
       (c) Effective Date.--The provisions of this section shall 
     apply to interest, penalties, additions to tax, and fines 
     with respect to any taxable year if, as of the date of the 
     enactment of this Act, the assessment of any tax, penalty, or 
     interest with respect to such taxable year is not prevented 
     by the operation of any law or rule of law.

     SEC. 4176. GRANT OF TREASURY REGULATORY AUTHORITY TO ADDRESS 
                   FOREIGN TAX CREDIT TRANSACTIONS INVOLVING 
                   INAPPROPRIATE SEPARATION OF FOREIGN TAXES FROM 
                   RELATED FOREIGN INCOME.

       (a) In General.--Section 901 (relating to taxes of foreign 
     countries and of possessions of United States) is amended by 
     redesignating subsection (m) as subsection (n) and by 
     inserting after subsection (l) the following new subsection:
       ``(m) Regulations.--The Secretary may prescribe regulations 
     disallowing a credit under subsection (a) for all or a 
     portion of any foreign tax, or allocating a foreign tax among 
     2 or more persons, in cases where the foreign tax is imposed 
     on any person in respect of income of another person or in 
     other cases involving the inappropriate separation of the 
     foreign tax from the related foreign income.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to transactions entered into after the date of 
     the enactment of this Act.

     SEC. 4177. TREATMENT OF CONTINGENT PAYMENT CONVERTIBLE DEBT 
                   INSTRUMENTS.

       (a) In General.--Section 1275(d) (relating to regulation 
     authority) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'', and

[[Page 11866]]

       (2) by adding at the end the following new paragraph:
       ``(2) Treatment of contingent payment convertible debt.--
       ``(A) In general.--In the case of a debt instrument which--
       ``(i) is convertible into stock of the issuing corporation, 
     into stock or debt of a related party (within the meaning of 
     section 267(b) or 707(b)(1)), or into cash or other property 
     in an amount equal to the approximate value of such stock or 
     debt, and
       ``(ii) provides for contingent payments,
     any regulations which require original issue discount to be 
     determined by reference to the comparable yield of a 
     noncontingent fixed rate debt instrument shall be applied as 
     requiring that such comparable yield be determined by 
     reference to a noncontingent fixed rate debt instrument which 
     is convertible into stock.
       ``(B) Special rule.--For purposes of subparagraph (A), the 
     comparable yield shall be determined without taking into 
     account the yield resulting from the conversion of a debt 
     instrument into stock.''.
       (b) Cross Reference.--Section 163(e)(6) (relating to cross 
     references) is amended by adding at the end the following:
       ``For the treatment of contingent payment convertible debt, 
     see section 1275(d)(2).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to debt instruments issued on or after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 4377. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2766, to authorize appropriations for 
fiscal year 2007 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 924. INCLUSION OF HOMELAND DEFENSE AND CIVIL SUPPORT 
                   MISSIONS OF THE NATIONAL GUARD AND RESERVES IN 
                   THE QUADRENNIAL DEFENSE REVIEW.

       Section 118(d) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (15) as paragraph (16); and
       (2) by inserting after paragraph (14) the following new 
     paragraph (15):
       ``(15) The homeland defense mission and civil support 
     missions of the active and reserve components of the armed 
     forces, including the organization and capabilities required 
     for the active and reserve components to discharge each such 
     mission.''.
                                 ______
                                 
  SA 4378. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENTS FOR CONTINUED DETENTION OR RELEASE OF 
                   INDIVIDUALS HELD AT GUANTANAMO BAY, CUBA.

       (a) In General.--Except as provided in subsection (b), not 
     later than 180 days after the date of the enactment of this 
     Act, an alien who is detained by the Secretary of Defense at 
     Guantanamo Bay, Cuba shall be--
       (1) charged with a crime in a civilian or military court;
       (2) repatriated to such alien's country of origin, unless 
     there are substantial grounds to believe that the alien would 
     be in danger of being subjected to torture in such country; 
     or
       (3) released to a country other than the alien's country of 
     origin.
       (b) Reporting Regarding Failure To Charge or Release.--
       (1) In general.--With respect to any alien described in 
     subsection (a) who is not charged, repatriated, or released 
     within 180 days after the date of the enactment of this Act, 
     the Secretary of Defense shall at that time, and every 180 
     days thereafter, submit to the appropriate committees of 
     Congress a detailed report for each such alien that includes 
     the following:
       (A) The name and nationality of each alien being detained 
     by the Secretary of Defense at Guantanamo Bay, Cuba.
       (B) With respect to each alien--
       (i) a detailed statement of why the alien has not been 
     charged, repatriated, or released;
       (ii) a statement of when the United States Government 
     intends to charge, repatriate, or release the alien;
       (iii) a description of the procedures to be employed by the 
     United States Government to determine whether to charge, 
     repatriate, or release the alien and a schedule for the 
     employment of such procedures; and
       (iv) if the Secretary of Defense has transferred or has 
     plans to transfer the alien from the custody of the Secretary 
     to another agency or department of the United States, a 
     description of such transfer.
       (2) Form of reports.--Each report required by this 
     subsection shall be submitted in an unclassified form to the 
     maximum extent practicable and may include a classified 
     annex, if necessary.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on the 
     Judiciary, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on the 
     Judiciary, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.
       (c) Nothing in this section shall be construed in any way 
     as authorizing or permitting:
       (1) military commissions presently constituted under the 
     November 13, 2001 Order of the President; or
       (2) the detention of individuals had at Guantanamo Bay, 
     Cuba.
                                 ______
                                 
  SA 4379. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. 569. IMPROVEMENTS TO EDUCATIONAL ASSISTANCE FOR MEMBERS 
                   OF THE SELECTED RESERVE.

       (a) Increase in Amount.--
       (1) In general.--Section 16131(b)(1) of title 10, United 
     States Code, is amended--
       (A) in subparagraph (A), by striking ``$251'' and inserting 
     ``$362'';
       (B) in subparagraph (B), by striking ``$188'' and inserting 
     ``$272''; and
       (C) in subparagraph (C), by striking ``$125'' and inserting 
     ``$181''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on October 1, 2006, and shall apply with 
     respect to educational assistance payable under chapter 1606 
     of title 10, United States Code, for months beginning on or 
     after that date.
       (3) Prohibition on adjustment for fiscal year 2007.--The 
     adjustment required by section 16131(b)(2) of title 10, 
     United States Code, for fiscal year 2007 shall not be made.
       (b) Determination of Rate of Assistance for Members 
     Supporting Contingency and Other Operations.--
       (1) In general.--Section 16162(c)(4) of title 10, United 
     States Code, is amended--
       (A) in subparagraph (A), by striking ``but less than one 
     continuous year'' and inserting ``but less in aggregate than 
     one year'';
       (B) in subparagraph (B), by striking ``for one continuous 
     year but less than two continuous years'' and inserting ``for 
     more in aggregate than one year but less in aggregate than 
     two years''; and
       (C) in subparagraph (C), by striking ``for two continuous 
     years or more'' and inserting ``in aggregate for two years or 
     more''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on October 1, 2006, and shall apply with 
     respect to educational assistance payable under chapter 1607 
     of title 10, United States Code, for months beginning on or 
     after that date.
                                 ______
                                 
  SA 4380. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, 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. 587. AGREEMENTS ON THE PROVISION OF SERVICES TO MEMBERS 
                   OF THE ARMED FORCES MAKING THE TRANSITION TO 
                   CIVILIAN LIFE.

       (a) Agreements Required.--The Secretary of Defense shall 
     seek to enter into memoranda of understanding, agreements, or 
     other appropriate arrangements with the entities and 
     organizations referred to in subsection (b) in order to 
     coordinate the provision of services to members of the Armed 
     Forces making the transition to civilian life, including 
     members of the Armed Forces being separated, discharged, or 
     released from the Armed Forces and members of the National 
     Guard and Reserve returning to civilian life after deployment 
     on active duty in the Armed Forces.
       (b) Entities and Organizations.--The entities and 
     organizations referred to in this section are the following:

[[Page 11867]]

       (1) Elements of the Department of Defense responsible for 
     providing services described in subsection (a).
       (2) Elements of the Department of Veterans Affairs 
     responsible for providing such services.
       (3) Elements of the Department of Labor responsible for 
     providing such services.
       (4) Elements of other departments and agencies of the 
     Federal Government responsible for providing such services.
       (5) Appropriate State agencies, including veterans 
     agencies, employment services agencies, and other agencies.
       (6) Veterans service organizations.
       (7) Any other public or private entities or organizations 
     that provide such services as the Secretary considers 
     appropriate for purposes of this section.
       (c) Elements.--The memoranda of understanding, agreements, 
     and arrangements entered into under subsection (a) shall seek 
     to--
       (1) establish and define requirements and responsibilities 
     for the provision of services described in subsection (a);
       (2) coordinate, facilitate, and enhance the provision of 
     such services; and
       (3) establish and define short-term and long-term goals and 
     plans for the provision of such services.

                          ____________________