[Congressional Record (Bound Edition), Volume 153 (2007), Part 13]
[Senate]
[Pages 18432-18462]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2065. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XV, add the following:

     SEC. 1535. CONDOLENCE AND SOLATIA PAYMENTS.

       (a) In General.--The Secretary of Defense shall ensure that 
     the amounts authorized to be paid per incident for condolence 
     and solatia payments in Iraq and Afghanistan are identical.
       (b) Quarterly Report.--The Secretary of Defense shall 
     include in the report submitted to the congressional defense 
     committees under section 1201(b) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 2077) a description of each 
     condolence or solatia payment in excess of $2,500 made during 
     the reporting period in Iraq or Afghanistan, including the 
     date, location, and circumstances of each such payment.
                                 ______
                                 
  SA 2066. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title X, add the following:

     SEC. 1070. RETENTION OF REIMBURSEMENT FOR PROVISION OF 
                   RECIPROCAL FIRE PROTECTION SERVICES.

       Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 
     67; 42 U.S.C. 1856d) is amended--
       (1) by striking ``Funds'' and inserting ``(a) Funds''; and
       (2) by adding at the end the following new subsection:
       ``(b) Notwithstanding the provisions of subsection (a), all 
     sums received for any Department of Defense activity for fire 
     protection rendered pursuant to this Act shall be credited to 
     the appropriation fund or account from which the expenses 
     were paid. Amounts so credited shall be merged with funds in 
     such appropriation fund or account and shall be available for 
     the same purposes and subject to the same limitations as the 
     funds with which the funds are merged.''.
                                 ______
                                 
  SA 2067. Mr. KENNEDY (for himself and Mr. Smith submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1070. HATE CRIMES.

       (a) Short Title.--This section may be cited as the 
     ``Matthew Shepard Local Law Enforcement Hate Crimes 
     Prevention Act of 2007''.
       (b) Findings.--Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim poses a serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) A prominent characteristic of a violent crime motivated 
     by bias is that it devastates not just the actual victim and 
     the family and friends of the victim, but frequently savages 
     the community sharing the traits that caused the victim to be 
     selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including the following:
       (A) The movement of members of targeted groups is impeded, 
     and members of such groups are forced to move across State 
     lines to escape the incidence or risk of such violence.
       (B) Members of targeted groups are prevented from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (C) Perpetrators cross State lines to commit such violence.
       (D) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (E) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (7) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.

[[Page 18433]]

       (8) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (9) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (10) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States, local jurisdictions, 
     and Indian tribes.
       (c) Definition of Hate Crime.--In this section--
       (1) the term ``crime of violence'' has the meaning given 
     that term in section 16, title 18, United States Code;
       (2) the term ``hate crime'' has the meaning given such term 
     in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note); and
       (3) the term ``local'' means a county, city, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State.
       (d) Support for Criminal Investigations and Prosecutions by 
     State, Local, and Tribal Law Enforcement Officials.--
       (1) Assistance other than financial assistance.--
       (A) In general.--At the request of State, local, or Tribal 
     law enforcement agency, the Attorney General may provide 
     technical, forensic, prosecutorial, or any other form of 
     assistance in the criminal investigation or prosecution of 
     any crime that--
       (i) constitutes a crime of violence;
       (ii) constitutes a felony under the State, local, or Tribal 
     laws; and
       (iii) is motivated by prejudice based on the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim, or is a violation of the State, local, or Tribal hate 
     crime laws.
       (B) Priority.--In providing assistance under subparagraph 
     (A), the Attorney General shall give priority to crimes 
     committed by offenders who have committed crimes in more than 
     one State and to rural jurisdictions that have difficulty 
     covering the extraordinary expenses relating to the 
     investigation or prosecution of the crime.
       (2) Grants.--
       (A) In general.--The Attorney General may award grants to 
     State, local, and Indian law enforcement agencies for 
     extraordinary expenses associated with the investigation and 
     prosecution of hate crimes.
       (B) Office of justice programs.--In implementing the grant 
     program under this paragraph, the Office of Justice Programs 
     shall work closely with grantees to ensure that the concerns 
     and needs of all affected parties, including community groups 
     and schools, colleges, and universities, are addressed 
     through the local infrastructure developed under the grants.
       (C) Application.--
       (i) In general.--Each State, local, and Indian law 
     enforcement agency that desires a grant under this paragraph 
     shall submit an application to the Attorney General at such 
     time, in such manner, and accompanied by or containing such 
     information as the Attorney General shall reasonably require.
       (ii) Date for submission.--Applications submitted pursuant 
     to clause (i) shall be submitted during the 60-day period 
     beginning on a date that the Attorney General shall 
     prescribe.
       (iii) Requirements.--A State, local, and Indian law 
     enforcement agency applying for a grant under this paragraph 
     shall--

       (I) describe the extraordinary purposes for which the grant 
     is needed;
       (II) certify that the State, local government, or Indian 
     tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (III) demonstrate that, in developing a plan to implement 
     the grant, the State, local, and Indian law enforcement 
     agency has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (IV) certify that any Federal funds received under this 
     paragraph will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this paragraph.

       (D) Deadline.--An application for a grant under this 
     paragraph shall be approved or denied by the Attorney General 
     not later than 30 business days after the date on which the 
     Attorney General receives the application.
       (E) Grant amount.--A grant under this paragraph shall not 
     exceed $100,000 for any single jurisdiction in any 1-year 
     period.
       (F) Report.--Not later than December 31, 2008, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this paragraph, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (G) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $5,000,000 for 
     each of fiscal years 2008 and 2009.
       (e) Grant Program.--
       (1) Authority to award grants.--The Office of Justice 
     Programs of the Department of Justice may award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State, local, or Tribal programs designed to 
     combat hate crimes committed by juveniles, including programs 
     to train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (f) Authorization for Additional Personnel to Assist State, 
     Local, and Tribal Law Enforcement.--There are authorized to 
     be appropriated to the Department of the Treasury and the 
     Department of Justice, including the Community Relations 
     Service, for fiscal years 2008, 2009, and 2010 such sums as 
     are necessary to increase the number of personnel to prevent 
     and respond to alleged violations of section 249 of title 18, 
     United States Code, as added by this section.
       (g) Prohibition of Certain Hate Crime Acts.--
       (1) In general.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, gender identity or disability of 
     any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) such certifying individual has reasonable cause to 
     believe that the actual or perceived race, color, religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability of any person was a motivating

[[Page 18434]]

     factor underlying the alleged conduct of the defendant; and
       ``(2) such certifying individual has consulted with State 
     or local law enforcement officials regarding the prosecution 
     and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given such term in section 232 of this title;
       ``(2) the term `firearm' has the meaning given such term in 
     section 921(a) of this title; and
       ``(3) the term `gender identity' for the purposes of this 
     chapter means actual or perceived gender-related 
     characteristics.
       ``(d) Rule of Evidence.--In a prosecution for an offense 
     under this section, evidence of expression or associations of 
     the defendant may not be introduced as substantive evidence 
     at trial, unless the evidence specifically relates to that 
     offense. However, nothing in this section affects the rules 
     of evidence governing impeachment of a witness.''.
       (2) Technical and conforming amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.
       (h) Statistics.--
       (1) In general.--Subsection (b)(1) of the first section of 
     the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended 
     by inserting ``gender and gender identity,'' after ``race,''.
       (2) Data.--Subsection (b)(5) of the first section of the 
     Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by 
     inserting ``, including data about crimes committed by, and 
     crimes directed against, juveniles'' after ``data acquired 
     under this section''.
       (i) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section, the 
     amendments made by this section, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
                                 ______
                                 
  SA 2068. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1517. MITIGATION OF EFFECTS OF EXPLOSIVELY FORMED 
                   PROJECTILES.

       Of the amount authorized to be appropriated by section 
     1510(a) for the Joint Improvised Explosive Device Defeat 
     Fund, $40,000,000 may be available for the Joint Improvised 
     Explosive Device Defeat Organization to mitigate the effects 
     of Explosively Formed Projectiles (EFPs).
                                 ______
                                 
  SA 2069. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XXXI, add the following:

     SEC. 3126. REPEAL OF SUNSET DATE OF THE OFFICE OF THE 
                   OMBUDSMAN OF THE ENERGY EMPLOYEES OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM.

       Section 3686 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is 
     amended by striking subsection (g).
                                 ______
                                 
  SA 2070. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXIV, add the following:

     SEC. 2406. CONSTRUCTION OF FACILITIES AT CANNON AIR FORCE 
                   BASE, NEW MEXICO.

       (a) Authorization for Projects.--
       (1) In general.--The amount set forth in the item relating 
     to Cannon Air Force Base, New Mexico, in the table entitled 
     ``Special Operations Command'' in section 2401(a) is hereby 
     increased by $68,000,000.
       (2) Projects authorized.--The amount authorized to acquire 
     real property and carry out military construction projects at 
     Cannon Air Force, New Mexico, pursuant to paragraph (1) is 
     allocated for the following projects in the following 
     amounts:
       (A) $31,000,000 for the construction of Special Operations 
     Forces C-130 Fuel Cell and Corrosion Control Hangars.
       (B) $7,500,000 for the construction of a Special Operations 
     Forces CV-22 Simulator Facility.
       (C) $17,500,000 for the construction of Special Operations 
     Forces UAV Squadron Operations / Ground Control Stations.
       (D) $12,000,000 for the construction of a Special 
     Operations Forces MC-130 Squadron Operations Facility.
       (b) Increase in Amount Authorized to Be Appropriated.--The 
     amount authorized to be appropriated by section 2403 for 
     military construction, land acquisition, and military family 
     housing functions of the Department of Defense and the amount 
     designated under paragraph (1) of such section for military 
     construction projects inside the United States are each 
     increased by $68,000,000.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for the Air 
     Force is hereby reduced by $68,000,000.
                                 ______
                                 
  SA 2071. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXIV, add the following:

     SEC. 2406. CONSTRUCTION OF SPECIAL OPERATIONS FORCES C-130 
                   FUEL CELL AND CORROSION CONTROL HANGARS AT 
                   CANNON AIR FORCE BASE, NEW MEXICO.

       (a) Authorization for Projects.--
       (1) In general.--The amount set forth in the item relating 
     to Cannon Air Force Base, New Mexico, in the table entitled 
     ``Special Operations Command'' in section 2401(a) is hereby 
     increased by $31,000,000.
       (2) Project authorized.--The amount authorized to acquire 
     real property and carry out military construction projects 
     for the Special Operations Command at Cannon Air Force, New 
     Mexico, pursuant to paragraph (1) may be available for the 
     construction of Special Operations Forces C-130 Fuel Cell and 
     Corrosion Control Hangars.
       (b) Increase in Amount Authorized To Be Appropriated.--The 
     amount authorized to be appropriated by section 2403 for 
     military construction, land acquisition, and military family 
     housing functions of the Department of Defense and the amount 
     designated under paragraph (1) of such section for military 
     construction projects inside the United States are each 
     increased by $31,000,000.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for the Air 
     Force is hereby reduced by $31,000,000.
                                 ______
                                 
  SA 2072. Mrs. LINCOLN (for herself, Mr. Crapo, Mr. Durbin, Mr. 
Coleman, Mr. Brown, Mr. Kerry, Mr. Leahy, Mr. Harkin, Mr. Casey, Ms. 
Snowe, Ms. Mikulski, and Ms. Klobuchar) submitted an amendment intended 
to be proposed by her to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 673. RECODIFICATION IN TITLE 38, UNITED STATES CODE, OF 
                   CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS FOR 
                   MEMBERS OF THE RESERVE COMPONENTS.

       (a) In General.--Part III of title 38, United States Code, 
     is amended by inserting after chapter 32 the following new 
     chapter:

    ``CHAPTER 33--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE RESERVE 
                               COMPONENTS

             ``subchapter i--members of the selected reserve

``Sec.
``3301. Educational assistance program: establishment; amount.
``3302. Eligibility for educational assistance.
``3303. Time limitation for use of entitlement.

[[Page 18435]]

``3304. Termination of assistance.
``3305. Failure to participate satisfactorily; penalties.
``3306. Administration of program
``3307. Reports to Congress.

   ``subchapter ii--reserve component members supporting contingency 
                operations and certain other operations

``3321. Purpose.
``3322. Educational assistance program.
``3323. Eligibility for educational assistance.
``3324. Time limitation for use of entitlement.
``3325. Termination of assistance.
``3326. Administration of program.

            ``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE

     ``Sec. 3301. Educational assistance program: establishment; 
       amount

       ``(a) Establishment.--To encourage membership in units of 
     the Selected Reserve of the Ready Reserve, the Secretary of 
     Veterans Affairs, shall establish and maintain a program to 
     provide educational assistance to members of the Selected 
     Reserve of the Ready Reserve of the Armed Forces. The 
     Secretary of each military department shall, under 
     regulations prescribed by the Secretary of Defense, provide 
     to individuals who meet the eligibility requirements under 
     section 3302 of this title the opportunity to receive 
     educational assistance under this subchapter and shall 
     maintain a program to increase the rate of educational 
     assistance under this subchapter in accordance with 
     subsection (i).
       ``(b) Amount of Payment.--(1) Each educational assistance 
     program established under subsection (a) shall provide for 
     payment by the Secretary of Veterans Affairs of an 
     educational assistance allowance to each person entitled to 
     educational assistance under this subchapter who is pursuing 
     a program of education. Except as provided in subsections (d) 
     through (f), the educational assistance allowance shall be 
     paid at the rates in effect under the former chapter 1606 of 
     title 10, as in effect immediately before the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2008, as increased under paragraph (3).
       ``(2) For each month of less than half-time pursuit of a 
     program of education, educational assistance under this 
     subchapter shall be paid at a rate of 25 percent of the 
     amount payable for a month of full-time pursuit of a program 
     of education, except that no payment may be made to a person 
     for less than half-time pursuit if tuition assistance is 
     otherwise available to the person for such pursuit from the 
     military department concerned.
       ``(3) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the rates payable under subparagraphs (A), (B), and (C) of 
     paragraph (1) equal to the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph (A).
       ``(c) Approved Programs of Education; Maximum Months of 
     Assistance.--(1) Educational assistance may be provided under 
     this subchapter for pursuit of any program of education that 
     is an approved program of education for purposes of chapter 
     30 of this title.
       ``(2) Subject to section 3695 of this title, the maximum 
     number of months of educational assistance that may be 
     provided to any person under this subchapter is 36 (or the 
     equivalent thereof in part-time educational assistance).
       ``(3)(A) Notwithstanding any other provision of this 
     subchapter or chapter 36 of this title, any payment of an 
     educational assistance allowance described in subparagraph 
     (B) of this paragraph shall not--
       ``(i) be charged against the entitlement of any individual 
     under this subchapter; or
       ``(ii) be counted toward the aggregate period for which 
     section 3695 of this title limits an individual's receipt of 
     assistance.
       ``(B) The payment of the educational assistance allowance 
     referred to in subparagraph (A) of this paragraph is the 
     payment of such an allowance to the individual for pursuit of 
     a course or courses under this subchapter if the Secretary of 
     Veterans Affairs finds that the individual--
       ``(i) had to discontinue such course pursuit as a result of 
     being ordered to serve on active duty under section 12301(a), 
     12301(d), 12301(g), 12302, or 12304 of title 10; and
       ``(ii) failed to receive credit or training time toward 
     completion of the individual's approved educational, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in clause (i), the individual's 
     course pursuit.
       ``(C) The period for which, by reason of this subsection, 
     an educational assistance allowance is not charged against 
     entitlement or counted toward the applicable aggregate period 
     under section 3695 of this title shall not exceed the portion 
     of the period of enrollment in the course or courses for 
     which the individual failed to receive credit or with respect 
     to which the individual lost training time, as determined 
     under subparagraph (B)(ii).
       ``(d) Programs of Apprenticeship.--(1) Except as provided 
     in paragraph (2), the amount of the monthly educational 
     assistance allowance payable to a person pursuing a full-time 
     program of apprenticeship or other on-the-job training under 
     this subchapter is--
       ``(A) for each of the first six months of the person's 
     pursuit of such program, 75 percent of the monthly 
     educational assistance allowance otherwise payable to such 
     person under this subchapter;
       ``(B) for each of the second six months of the person's 
     pursuit of such program, 55 percent of such monthly 
     educational assistance allowance; and
       ``(C) for each of the months following the first 12 months 
     of the person's pursuit of such program, 35 percent of such 
     monthly educational assistance allowance.
       ``(2) In any month in which any person pursuing a program 
     of education consisting of a program of apprenticeship or 
     other on-the-job training fails to complete 120 hours of 
     training, the amount of the monthly educational assistance 
     allowance payable under this subchapter to the person shall 
     be limited to the same proportion of the applicable full-time 
     rate as the number of hours worked during such month, rounded 
     to the nearest 8 hours, bears to 120 hours.
       ``(3)(A) Except as provided in subparagraph (B), for each 
     month that such person is paid a monthly educational 
     assistance allowance under this subchapter, the person's 
     entitlement under this subchapter shall be charged at the 
     rate of--
       ``(i) 75 percent of a month in the case of payments made in 
     accordance with paragraph (1)(A);
       ``(ii) 55 percent of a month in the case of payments made 
     in accordance with paragraph (1)(B); and
       ``(iii) 35 percent of a month in the case of payments made 
     in accordance with paragraph (1)(C).
       ``(B) Any such charge to the entitlement shall be reduced 
     proportionately in accordance with the reduction in payment 
     under paragraph (2).
       ``(e) Correspondence Courses.--(1)(A) The amount of the 
     educational assistance allowance payable under this 
     subchapter to a person who enters into an agreement to 
     pursue, and is pursuing, a program of education exclusively 
     by correspondence is an amount equal to 55 percent of the 
     established charge which the institution requires nonveterans 
     to pay for the course or courses pursued by such person.
       ``(B) For purposes of subparagraph (A), the term 
     `established charge' means the lesser of--
       ``(i) the charge for the course or courses determined on 
     the basis of the lowest extended time payment plan offered by 
     the institution and approved by the appropriate State 
     approving agency; or
       ``(ii) the actual charge to the person for such course or 
     courses.
       ``(C) Such allowance shall be paid quarterly on a pro rata 
     basis for the lessons completed by the person and serviced by 
     the institution.
       ``(2) In each case in which the amount of educational 
     assistance is determined under paragraph (1), the period of 
     entitlement of the person concerned shall be charged with one 
     month for each amount equal to the amount of the monthly rate 
     payable under subsection (b)(1)(A) for the fiscal year 
     concerned which is paid to the individual as an educational 
     assistance allowance.
       ``(f) Flight Training.--(1) The Secretary of Veterans 
     Affairs may approve the pursuit of flight training (in 
     addition to a course of flight training that may be approved 
     under section 3680A(b) of this title) by an individual 
     entitled to educational assistance under this subchapter if--
       ``(A) such training is generally accepted as necessary for 
     the attainment of a recognized vocational objective in the 
     field of aviation;
       ``(B) the individual possesses a valid private pilot 
     certificate and meets, on the day the individual begins a 
     course of flight training, the medical requirements necessary 
     for a commercial pilot certificate; and
       ``(C) the flight school courses meet Federal Aviation 
     Administration standards for such courses and are approved by 
     the Federal Aviation Administration and the State approving 
     agency.
       ``(2) Each individual who is pursuing a program of 
     education consisting exclusively of flight training approved 
     as meeting the requirements of paragraph (1) shall be paid an 
     educational assistance allowance under this subchapter in the 
     amount equal to 60 percent of the established charges for 
     tuition and fees which similarly circumstanced nonveterans 
     enrolled in the same flight course are required to pay.
       ``(3) No educational assistance allowance may be paid under 
     this subchapter to an individual for any month during which 
     such individual is pursuing a program of education consisting 
     exclusively of flight training until the Secretary has 
     received from that individual and the institution providing 
     such training a certification of the flight training received 
     by the individual during that month and the tuition and other 
     fees charged for that training.

[[Page 18436]]

       ``(4) The period of entitlement of an individual pursuing a 
     program of education described in paragraph (1) shall be 
     charged with one month for each amount equal to the amount of 
     the monthly rate payable under subsection (b)(1)(A) for the 
     fiscal year concerned which is paid to that individual as an 
     educational assistance allowance for such program.
       ``(5) The number of solo flying hours for which an 
     individual may be paid an educational assistance allowance 
     under this subsection may not exceed the minimum number of 
     solo flying hours required by the Federal Aviation 
     Administration for the flight rating or certification which 
     is the goal of the individual's flight training.
       ``(g) Individualized Tutorial Assistance.--(1)(A) Subject 
     to subparagraph (B), the Secretary of Veterans Affairs shall 
     approve individualized tutorial assistance for any person 
     entitled to educational assistance under this subchapter 
     who--
       ``(i) is enrolled in and pursuing a postsecondary course of 
     education on a half-time or more basis at an educational 
     institution; and
       ``(ii) has a deficiency in a subject required as a part of, 
     or which is prerequisite to, or which is indispensable to the 
     satisfactory pursuit of, the program of education.
       ``(B) The Secretary of Veterans Affairs shall not approve 
     individualized tutorial assistance for a person pursuing a 
     program of education under this paragraph unless such 
     assistance is necessary for the person to successfully 
     complete the program of education.
       ``(2)(A) Subject to subparagraph (B), the Secretary of 
     Veterans Affairs shall pay to a person receiving 
     individualized tutorial assistance pursuant to paragraph (1) 
     a tutorial assistance allowance. The amount of the allowance 
     payable under this paragraph may not exceed $100 for any 
     month, nor aggregate more than $1,200. The amount of the 
     allowance paid under this paragraph shall be in addition to 
     the amount of educational assistance allowance payable to a 
     person under this subchapter.
       ``(B) A tutorial assistance allowance may not be paid to a 
     person under this paragraph until the educational institution 
     at which the person is enrolled certifies that--
       ``(i) the individualized tutorial assistance is essential 
     to correct a deficiency of the person in a subject required 
     as a part of, or which is prerequisite to, or which is 
     indispensable to the satisfactory pursuit of, an approved 
     program of education;
       ``(ii) the tutor chosen to perform such assistance is 
     qualified to provide such assistance and is not the person's 
     parent, spouse, child (whether or not married or over 
     eighteen years of age), brother, or sister; and
       ``(iii) the charges for such assistance do not exceed the 
     customary charges for such tutorial assistance.
       ``(3)(A) A person's period of entitlement to educational 
     assistance under this subchapter shall be charged only with 
     respect to the amount of tutorial assistance paid to the 
     person under this subsection in excess of $600.
       ``(B) A person's period of entitlement to educational 
     assistance under this subchapter shall be charged at the rate 
     of one month for each amount of assistance paid to the 
     individual under this section in excess of $600 that is equal 
     to the amount of the monthly educational assistance allowance 
     which the person is otherwise eligible to receive for full-
     time pursuit of an institutional course under this 
     subchapter.
       ``(h) Courses Beyond Baccalaureate Degree.--A program of 
     education in a course of instruction beyond the baccalaureate 
     degree level shall be provided under this subchapter, subject 
     to the availability of appropriations.
       ``(i) Special Skills.--(1) In the case of a person who has 
     a skill or specialty designated by the Secretary of the 
     military department concerned as a skill or specialty in 
     which there is a critical shortage of personnel or for which 
     it is difficult to recruit or, in the case of critical units, 
     retain personnel, the Secretary of the military department 
     concerned may increase the rate of the educational assistance 
     allowance applicable to that person to such rate in excess of 
     the rate prescribed under subparagraphs (A) through (D) of 
     subsection (b)(1) as the Secretary of Defense considers 
     appropriate, but the amount of any such increase may not 
     exceed $350 per month.
       ``(2) In the case of a person who has a skill or specialty 
     designated by the Secretary of the military department 
     concerned as a skill or specialty in which there is a 
     critical shortage of personnel or for which it is difficult 
     to recruit or, in the case of critical units, retain 
     personnel, who is eligible for educational benefits under 
     chapter 30 (other than section 3012) of this title and who 
     meets the eligibility criteria specified in subparagraphs (A) 
     and (B) of section 3302(a)(1) of this title, the Secretary of 
     the military department concerned may increase the rate of 
     the educational assistance allowance applicable to that 
     person to such rate in excess of the rate prescribed under 
     section 3015 of this title as the Secretary of Defense 
     considers appropriate, but the amount of any such increase 
     may not exceed $350 per month.
       ``(3) The authority provided by paragraphs (1) and (2) 
     shall be exercised by the Secretaries of the military 
     departments under regulations prescribed by the Secretary of 
     Defense.
       ``(j) Licensing and Certification.--(1) Subject to 
     paragraph (3), the amount of educational assistance payable 
     under this subchapter for a licensing or certification test 
     described in section 3452(b) of this title is the lesser of 
     $2,000 or the fee charged for the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount of educational 
     assistance paid such individual for such test by the full-
     time monthly institutional rate of educational assistance 
     which, but for paragraph (1), such individual would otherwise 
     be paid under subsection (b).
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this subchapter.

     ``Sec. 3302. Eligibility for educational assistance

       ``(a) Eligibility.--A person who--
       ``(1) after June 30, 1985--
       ``(A) enlists, reenlists, or extends an enlistment as a 
     Reserve for service in the Selected Reserve for a period of 
     not less than six years; or
       ``(B) is appointed as, or is serving as, a reserve officer 
     and agrees to serve in the Selected Reserve for a period of 
     not less than six years in addition to any other period of 
     obligated service in the Selected Reserve to which the person 
     may be subject; and
       ``(2) before applying for benefits under this section, has 
     completed the requirements of a secondary school diploma (or 
     an equivalency certificate);

     is entitled to educational assistance under section 3301 of 
     this title.
       ``(b) Active Duty for Training Required.--Educational 
     assistance may not be provided to a member under this 
     subchapter until the member has completed the initial period 
     of active duty for training required of the member.
       ``(c) Notification.--Each person who becomes entitled to 
     educational assistance under subsection (a) shall at the time 
     the person becomes so entitled be given a statement in 
     writing summarizing the provisions of this subchapter and 
     stating clearly and prominently the substance of sections 
     3304 and 3305 of this title as such sections may apply to the 
     person. At the request of the Secretary of Veterans Affairs, 
     the Secretary of Defense shall transmit a notice of 
     entitlement for each such person to that Secretary.
       ``(d) Bar From Dual Eligibility.--A person who serves in 
     the Selected Reserve may not receive credit for such service 
     under both the program established by chapter 30 of this 
     title and the program established by this subchapter but 
     shall elect (in such form and manner as the Secretary of 
     Veterans Affairs may prescribe) the program to which such 
     service is to be credited. However, a person may not receive 
     credit under the program established by this subchapter for 
     service (in any grade) on full-time active duty or full-time 
     National Guard duty for the purpose of organizing, 
     administering, recruiting, instructing, or training the 
     reserve components in a position which is included in the end 
     strength required to be authorized each year by section 
     115(a)(1)(B) of title 10.

     ``Sec. 3303. Time limitation for use of entitlement

       ``(a) Time Limitation.--Except as provided in subsection 
     (b), the period during which a person entitled to educational 
     assistance under this subchapter may use such person's 
     entitlement expires: (1) at the end of the 14-year period 
     beginning on the date on which such person becomes entitled 
     to such assistance; or (2) on the date the person is 
     separated from the Selected Reserve, whichever occurs first.
       ``(b) Exceptions.--(1) In the case of a person--
       ``(A) who is separated from the Selected Reserve because of 
     a disability which was not the result of the individual's own 
     willful misconduct incurred on or after the date on which 
     such person became entitled to educational assistance under 
     this subchapter; or
       ``(B) who, on or after the date on which such person became 
     entitled to educational assistance under this subchapter 
     ceases to be a member of the Selected Reserve during the 
     period beginning on October 1, 1991, and ending on December 
     31, 2001, by reason of the inactivation of the person's unit 
     of assignment or by reason of involuntarily ceasing to be 
     designated as a member of the Selected Reserve pursuant to 
     section 10143(a) of title 10,

     the period for using entitlement prescribed by subsection (a) 
     shall be determined without regard to clause (2) of such 
     subsection.
       ``(2) The provisions of section 3031(f) of this title shall 
     apply to the period of entitlement prescribed by subsection 
     (a).
       ``(3) The provisions of section 3031(d) of this title shall 
     apply to the period of entitlement prescribed by subsection 
     (a) in the case of a disability incurred in or aggravated by 
     service in the Selected Reserve.
       ``(4) In the case of a member of the Selected Reserve of 
     the Ready Reserve who serves on active duty pursuant to an 
     order to active duty issued under section 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10--
       ``(A) the period of such active duty service plus four 
     months shall not be considered in determining the expiration 
     date applicable to such member under subsection (a); and

[[Page 18437]]

       ``(B) the member may not be considered to have been 
     separated from the Selected Reserve for the purposes of 
     clause (2) of such subsection by reason of the commencement 
     of such active duty service.

     ``Sec. 3304. Termination of assistance

       ``Educational assistance may not be provided under this 
     subchapter--
       ``(1) to a member receiving financial assistance under 
     section 2107 of title 10 as a member of the Senior Reserve 
     Officers' Training Corps program; or
       ``(2) to a member who fails to participate satisfactorily 
     in required training as a member of the Selected Reserve.

     ``Sec. 3305. Failure to participate satisfactorily; penalties

       ``(a) Penalties.--At the option of the Secretary of the 
     military department concerned, in consultation with the 
     Secretary of Veterans Affairs, a member of the Selected 
     Reserve of an armed force who does not participate 
     satisfactorily in required training as a member of the 
     Selected Reserve during a term of enlistment or other period 
     of obligated service that created entitlement of the member 
     to educational assistance under this subchapter, and during 
     which the member has received such assistance, may--
       ``(1) be ordered to active duty for a period of two years 
     or the period of obligated service the person has remaining 
     under section 3302 of this title, whichever is less; or
       ``(2) be subject to repayment requirements prescribed by 
     the Secretary of Veterans Affairs that are similar to the 
     repayment provisions under section 303a(e) of title 37.
       ``(b) Collection of Funds.--The Secretary of Veterans 
     Affairs shall collect any amount required to be repaid under 
     subsection (a)(2).
       ``(c) Effect of Repayment.--Any repayment under subsection 
     (a)(2) shall not affect the period of obligation of a member 
     to serve as a Reserve in the Selected Reserve.

     ``Sec. 3306. Administration of program

       ``(a) Payments.--(1) Except as provided under paragraph 
     (2), payments for educational assistance under this 
     subchapter shall be made from funds appropriated or otherwise 
     made available to the Department of Veterans Affairs for 
     fiscal year 2009 or any subsequent fiscal year for the 
     payment of readjustment benefits.
       ``(2) Payments for increases in rates of educational 
     assistance under section 3301(i) shall be made from amounts 
     in the Department of Defense Education Benefits Fund under 
     section 2006 of title 10. Amounts for such payments shall be 
     made available to the Secretary in accordance with the 
     provisions of section 2006(d) of title 10.
       ``(b) Program Management.--Except as otherwise provided in 
     this subchapter, the provisions of sections 3470, 3471, 3474, 
     3476, 3482(g), 3483, and 3485 of this title and the 
     provisions of subchapters I and II of chapter 36 of this 
     title (with the exception of sections 3686(a) and 3687) shall 
     be applicable to the provision of educational assistance 
     under this subchapter. The term `eligible veteran' and the 
     term `person', as used in those provisions, shall be deemed 
     for the purpose of the application of those provisions to 
     this subchapter to refer to a person eligible for educational 
     assistance under this subchapter.
       ``(c) Application of Benefits.--The Secretary of Veterans 
     Affairs may not make a distinction in the application of 
     educational assistance benefits under this subchapter on the 
     basis of whether a person who is eligible for educational 
     assistance under this subchapter first became so eligible 
     under former chapter 1606 of title 10, as in effect 
     immediately on September 30, 2008.

     ``Sec. 3307. Biennial report to Congress

       ``The Secretary of Veterans Affairs, in coordination with 
     the Secretary of Defense, shall submit to Congress a report 
     not later than March 1 of each odd-numbered year concerning 
     the operation of the educational assistance program 
     established by this subchapter during the preceding two 
     fiscal years. Each such report shall include the number of 
     members of the Selected Reserve of the Ready Reserve of each 
     armed force receiving, and the number entitled to receive, 
     educational assistance under this subchapter during those 
     fiscal years. The Secretary may submit the report more 
     frequently and adjust the period covered by the report 
     accordingly.

   ``SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY 
                OPERATIONS AND CERTAIN OTHER OPERATIONS

     ``Sec. 3321. Purpose

       ``The purpose of this subchapter is to provide educational 
     assistance to members of the reserve components called or 
     ordered to active service in response to a war or national 
     emergency declared by the President or Congress, in 
     recognition of the sacrifices that those members make in 
     answering the call to duty.

     ``Sec. 3322. Educational assistance program

       ``(a) Program Establishment.--The Secretary of Veterans 
     Affairs, shall establish and maintain a program as prescribed 
     in this subchapter to provide educational assistance to 
     members of the Ready Reserve of the Armed Forces. The 
     Secretary of each military department shall, under 
     regulations prescribed by the Secretary of Defense, provide 
     to individuals who meet the eligibility requirements under 
     section 3323 of this title the opportunity to receive 
     educational assistance under this subchapter.
       ``(b) Authorized Education Programs.--Educational 
     assistance may be provided under this subchapter for pursuit 
     of any program of education that is an approved program of 
     education for purposes of chapter 30 of this title.
       ``(c) Benefit Amount.--(1) The educational assistance 
     program established under subsection (a) shall provide for 
     payment by the Secretary of Veterans Affairs of an 
     educational assistance allowance to each member entitled to 
     educational assistance under this subchapter who is pursuing 
     a program of education authorized under subsection (b).
       ``(2) The educational assistance allowance provided under 
     this subchapter shall be based on the applicable percent 
     under paragraph (4) to the applicable rate provided under 
     section 3015 of this title for a member whose entitlement is 
     based on completion of an obligated period of active duty of 
     three years.
       ``(3) The educational assistance allowance provided under 
     this section for a person who is undertaking a program for 
     which a reduced rate is specified in chapter 30 of this 
     title, that rate shall be further adjusted by the applicable 
     percent specified in paragraph (4).
       ``(4) The adjusted educational assistance allowance under 
     paragraph (2) or (3), as applicable, shall be--
       ``(A) 40 percent in the case of a member of a reserve 
     component who performed active service for 90 consecutive 
     days but less than one continuous year;
       ``(B) 60 percent in the case of a member of a reserve 
     component who performed active service for one continuous 
     year but less than two continuous years; or
       ``(C) 80 percent in the case of a member of a reserve 
     component who performed active service for two continuous 
     years or more.
       ``(d) Maximum Months of Assistance.--(1) Subject to section 
     3695 of this title, the maximum number of months of 
     educational assistance that may be provided to any member 
     under this subchapter is 36 (or the equivalent thereof in 
     part-time educational assistance).
       ``(2)(A) Notwithstanding any other provision of this 
     subchapter or chapter 36 of this title, any payment of an 
     educational assistance allowance described in subparagraph 
     (B) shall not--
       ``(i) be charged against the entitlement of any individual 
     under this subchapter; or
       ``(ii) be counted toward the aggregate period for which 
     section 3695 of this title limits an individual's receipt of 
     assistance.
       ``(B) The payment of the educational assistance allowance 
     referred to in subparagraph (A) is the payment of such an 
     allowance to the individual for pursuit of a course or 
     courses under this subchapter if the Secretary of Veterans 
     Affairs finds that the individual--
       ``(i) had to discontinue such course pursuit as a result of 
     being ordered to serve on active duty under section 12301(a), 
     12301(d), 12301(g), 12302, or 12304 of title 10; and
       ``(ii) failed to receive credit or training time toward 
     completion of the individual's approved educational, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in clause (i), the individual's 
     course pursuit.
       ``(C) The period for which, by reason of this subsection, 
     an educational assistance allowance is not charged against 
     entitlement or counted toward the applicable aggregate period 
     under section 3695 of this title shall not exceed the portion 
     of the period of enrollment in the course or courses for 
     which the individual failed to receive credit or with respect 
     to which the individual lost training time, as determined 
     under subparagraph (B)(ii).
       ``(e) Availability of Assistance for Licensing and 
     Certification Tests.--The provisions of section 3301(j) of 
     this title shall apply to the provision of educational 
     assistance under this subchapter, except that, in applying 
     such section under this subchapter, the reference to 
     subsection (b) in paragraph (2) of such section is deemed to 
     be a reference to subsection (c) of this section.
       ``(f) Flight Training.--The Secretary of Veterans Affairs 
     may approve the pursuit of flight training (in addition to a 
     course of flight training that may be approved under section 
     3680A(b) of this title) by an individual entitled to 
     educational assistance under this subchapter if--
       ``(1) such training is generally accepted as necessary for 
     the attainment of a recognized vocational objective in the 
     field of aviation;
       ``(2) the individual possesses a valid private pilot 
     certificate and meets, on the day the member begins a course 
     of flight training, the medical requirements necessary for a 
     commercial pilot certificate; and
       ``(3) the flight school courses meet Federal Aviation 
     Administration standards for such courses and are approved by 
     the Federal Aviation Administration and the State approving 
     agency.

     ``Sec. 3323. Eligibility for educational assistance

       ``(a) Eligibility.--On or after September 11, 2001, a 
     member of a reserve component is entitled to educational 
     assistance under this subchapter if the member--
       ``(1) served on active duty in support of a contingency 
     operation for 90 consecutive days or more; or

[[Page 18438]]

       ``(2) in the case of a member of the Army National Guard of 
     the United States or Air National Guard of the United States, 
     performed full time National Guard duty under section 502(f) 
     of title 32 for 90 consecutive days or more when authorized 
     by the President or Secretary of Defense for the purpose of 
     responding to a national emergency declared by the President 
     and supported by Federal funds.
       ``(b) Disabled Members.--Notwithstanding the eligibility 
     requirements in subsection (a), a member who was ordered to 
     active service as prescribed under subsection (a)(1) or 
     (a)(2) but is released from duty before completing 90 
     consecutive days because of an injury, illness or disease 
     incurred or aggravated in the line of duty shall be entitled 
     to educational assistance under this subchapter at the rate 
     prescribed in section 3322(c)(4)(A) of this title.
       ``(c) Written Notification.--(1) Each member who becomes 
     entitled to educational assistance under subsection (a) shall 
     be given a statement in writing prior to release from active 
     service that summarizes the provisions of this subchapter and 
     stating clearly and prominently the substance of section 3325 
     of this title as such section may apply to the member.
       ``(2) At the request of the Secretary of Veterans Affairs, 
     the Secretary of the military department concerned shall 
     transmit a notice of entitlement for each such member to that 
     Secretary.
       ``(d) Bar From Dual Eligibility.--A member who qualifies 
     for educational assistance under this subchapter may not 
     receive credit for such service under both the program 
     established by chapter 30 of this title and the program 
     established by this subchapter but shall make an irrevocable 
     election (in such form and manner as the Secretary of 
     Veterans Affairs may prescribe) as to the program to which 
     such service is to be credited.
       ``(e) Bar From Duplication of Educational Assistance 
     Allowance.--(1) Except as provided in paragraph (2), an 
     individual entitled to educational assistance under this 
     subchapter who is also eligible for educational assistance 
     under subchapter I of this chapter, chapter 30, 31, 32, or 35 
     of this title, or under the Hostage Relief Act of 1980 
     (Public Law 96-449; 5 U.S.C. 5561 note) may not receive 
     assistance under more than one such programs and shall elect 
     (in such form and manner as the Secretary of Veterans Affairs 
     may prescribe) under which program the member elects to 
     receive educational assistance.
       ``(2) The restriction on duplication of educational 
     assistance under paragraph (1) does not apply to the 
     entitlement of educational assistance under section 3301(i) 
     of this title.

     ``Sec. 3324. Time limit for use of entitlement

       ``(a) Duration of Entitlement.--Except as provided in 
     subsection (b), a member remains entitled to educational 
     assistance under this subchapter while serving--
       ``(1) 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
       ``(2) 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).
       ``(b) Duration of Entitlement for Disabled Members.--(1) In 
     the case of a person who is separated from the Ready Reserve 
     because of a disability which was not the result of the 
     individual's own willful misconduct incurred on or after the 
     date on which such person became entitled to educational 
     assistance under this subchapter, such person's entitlement 
     to educational assistance expires at the end of the 10-year 
     period beginning on the date on which such person became 
     entitled to such assistance.
       ``(2) The provisions of subsections (d) and (f) of section 
     3031 of this title shall apply to the period of entitlement 
     prescribed by paragraph (1).

     ``Sec. 3325. Termination of assistance

       ``(a) In General.--Except as provided in subsection (b), 
     educational assistance may not be provided under this 
     subchapter, or if being provided under this subchapter, shall 
     be terminated--
       ``(1) if the member is receiving financial assistance under 
     section 2107 of title 10 as a member of the Senior Reserve 
     Officers' Training Corps program; or
       ``(2) when the member separates from the Ready Reserve, as 
     provided for under section 3324(a)(1) or section 3324(a)(2), 
     as applicable, of this title.
       ``(b) Exception.--Under regulations prescribed by the 
     Secretary of Defense, educational assistance may be provided 
     under this subchapter to a member of the Selected Reserve of 
     the Ready Reserve who incurs a break in service in the 
     Selected Reserve of not more than 90 days if the member 
     continues to serve in the Ready Reserve during and after such 
     break in service.

     ``Sec. 3326. Administration of program

       ``(a) Payments.--Payments for educational assistance under 
     this subchapter shall be made from funds appropriated or 
     otherwise made available to the Department of Veterans 
     Affairs for fiscal year 2009 or any subsequent fiscal year 
     for the payment of readjustment benefits.
       ``(b) Program Management.--Except as otherwise provided in 
     this subchapter, the provisions of sections 3470, 3471, 3474, 
     3476, 3482(g), 3483, and 3485 of this title and the 
     provisions of subchapters I and II of chapter 36 of this 
     title (with the exception of sections 3686(a) and 3687) shall 
     be applicable to the provision of educational assistance 
     under this subchapter. The term `eligible veteran' and the 
     term `person', as used in those provisions, shall be deemed 
     for the purpose of the application of those provisions to 
     this subchapter to refer to a person eligible for educational 
     assistance under this subchapter.
       ``(c) Application of Benefits.--The Secretary of Veterans 
     Affairs may not make a distinction in the application of 
     educational assistance benefits under this subchapter on the 
     basis of whether a person who is eligible for educational 
     assistance under this subchapter first became so eligible 
     under former chapter 1607 of title 10, as in effect 
     immediately on September 30, 2008.''.
       (b) Transfer of Amounts for Benefits Accrued Before October 
     1, 2008.--
       (1) Fiscal year 2009.--By not later than October 1, 2008, 
     the Secretary of Defense shall transfer to the Secretary of 
     Veterans Affairs from the funds in the Department of Defense 
     Education Benefits Fund under section 2006 of title 10, 
     United States Code, that are attributable to armed forces 
     education liabilities under chapters 1606 and 1607 of such 
     title (other than such liabilities under section 16131(i) of 
     such title) that accrue before such date, such funds as may 
     be required by the Secretary of Veterans Affairs to make 
     payments with respect to such liabilities during fiscal year 
     2009. Such amounts shall be deposited into the Readjustment 
     Benefits Account of the Department of Veterans Affairs and 
     shall be used only by the Secretary of Veterans Affairs to 
     make payments of educational assistance under chapter 33 of 
     title 38, United States Code, as added by subsection (a). 
     Funds deposited in the Readjustment Benefits Account under 
     this paragraph may not be used to pay any benefit that is 
     payable from the Readjustment Benefits Account other than a 
     payment of educational assistance under chapter 33 of title 
     38, United States Code, as added by subsection (a).
       (2) Treatment of receipts.--Receipts that would otherwise 
     be credited to the account established for the payment of 
     benefits under the Department of Defense Education Benefits 
     Fund under section 2006 of title 10, United States Code, for 
     the payment of benefits under the chapters 1606 and 1607 of 
     such title (other than such benefits under section 16131(i) 
     of such title), shall be credited to the Readjustment 
     Benefits Account of the Department of Veterans Affairs and 
     merged with funds deposited in that account under paragraph 
     (1), to be available for the same purposes and subject to the 
     same limitations as such funds.
       (3) Agreement for subsequent fiscal years.--By not later 
     than October 1, 2008, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall enter into an agreement 
     under which the Secretary of Defense shall transfer to the 
     Secretary of Veterans Affairs all remaining funds in the 
     Department of Defense Education Benefits Fund under section 
     2006 of title 10, United States Code, that are attributable 
     to armed forces liabilities under the former chapters 1606 
     and 1607 of such title (other than such liabilities under 
     section 16131(i) of such title) that accrue before such date. 
     Such amounts shall be deposited into the education account of 
     the Readjustment Benefits Account of the Department of 
     Veterans Affairs and shall be available to the Secretary of 
     Veterans Affairs to make payments of educational assistance 
     under chapter 33 of title 38, United States Code, as added by 
     subsection (a).
       (4) Report.--By not later than October 1, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees, the Committee on Veterans Affairs of the 
     Senate, and the Committee on Veterans Affairs of the House of 
     Representatives a detailed report on the agreement between 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs and the status of the transfer of funds described in 
     paragraph (2). Such report shall include the date on which 
     the Secretary of Defense has agreed to complete such 
     transfer.
       (c) Clerical Amendments.--The tables of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 32 the following 
     new item:

``33. Educational Assistance for Members of the Reserve Comp3301''.....

       (d) Technical and Conforming Amendments.--
       (1) Conforming amendments on bar on dual eligibility for 
     benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by striking ``chapter 106 or 107 
     of title 10'' and inserting ``under subchapter I or 
     subchapter II of chapter 33 of this title, under chapter 107 
     of title 10''; and
       (ii) in subsection (c), by striking ``chapter 106 of title 
     10'' and inserting ``subchapter I of chapter 33 of this 
     title''.

[[Page 18439]]

       (B) Section 3221(f) of such title is amended by striking 
     ``chapter 106 of title 10'' and inserting ``subchapter I of 
     chapter 33 of this title''.
       (C) Section 3681 of such title is amended--
       (i) in subsection (a), by striking ``34, 35, or 36 of this 
     title or 106 or 107 of title 10,'' and inserting ``33, 34, 
     35, or 36 of this title''; and
       (ii) in subsection (b)--

       (I) in paragraph (1), by inserting before the period the 
     following: ``, and subchapters I and II of chapter 33 of this 
     title''; and
       (II) in paragraph (2), by striking ``Chapters 106 and'' and 
     inserting ``Chapter''.

       (2) Conforming amendments relating to department of defense 
     education benefits fund.--
       (A) Definition of armed forces education liabilities.--
     Paragraph (1) of section 2006(b) of title 10, United States 
     Code, is amended to read as follows:
       ``(1) The term `armed forces education liabilities' means 
     liabilities of the armed forces for benefits under chapter 30 
     and section 3301(i) of title 38 and for Department of Defense 
     benefits under paragraphs (3) and (4) of section 510(e) of 
     this title, including funds provided by the Secretary of 
     Homeland Security for education liabilities for the Coast 
     Guard when it is not operating as a service in the Department 
     of the Navy.''.
       (B) Definition of normal cost.--Paragraph (2) of such 
     section is amended by striking subparagraph (C) and inserting 
     the following new subparagraph:
       ``(C) The present value of the future Department of Defense 
     benefits payable from the Fund (including funds from the 
     Department in which the Coast Guard is operating) for 
     educational assistance under section 3301(i) of title 38 to 
     persons who during such period become entitled to such 
     assistance.''.
       (3) Cross-reference amendments.--
       (A) Chapter 106 of title 10, united states code.--
       (i) Section 2131 of title 10, United States Code, is 
     amended to read as follows:

     ``Sec. 2131. Reference to subchapter I of chapter 33 of title 
       38

       ``Provisions of law related to educational assistance for 
     members of the Selected Reserve under the Montgomery GI Bill 
     program, as formerly set forth in this chapter and chapter 
     1606 of this title, are set forth in subchapter I of chapter 
     33 of title 38 (beginning with section 3301 of title 38).''.
       (ii) The table of sections at the beginning of chapter 106 
     of such title is amended by striking the item relating to 
     section 2131 and inserting the following new item:

``2131. Reference to subchapter I of chapter 33 of title 38.''.

       (B) Chapter 1606 of title 10, united states code.--Chapter 
     1606 of such title is amended by striking all after the 
     chapter heading and inserting the following:

``Sec.
``16131. Reference to subchapter I of chapter 33 of title 38.

     ``Sec. 16131. Reference to subchapter I of chapter 33 of 
       title 38

       ``Provisions of law related to educational assistance for 
     members of the Selected Reserve under the Montgomery GI Bill 
     program, as formerly set forth in this chapter, are set forth 
     in subchapter I of chapter 33 of title 38 (beginning with 
     section 3301 of that title).''.
       (C) Chapter 1607 of title 10, united states code.--Chapter 
     1607 of such title is amended by striking all after the 
     chapter heading and inserting the following:

``Sec.
``16161. Reference to subchapter II of chapter 33 of title 38.

     ``Sec. 16161. Reference to subchapter II of chapter 33 of 
       title 38

       ``Provisions of law related to educational assistance for 
     members of the reserve components of the Armed Forces 
     supporting contingency operations and certain other 
     operations, as formerly set forth in this chapter, are set 
     forth in subchapter II of chapter 33 of title 38 (beginning 
     with section 3321 of that title).''.
       (4) Additional conforming amendments.--
       (A) Title 38, united states code.--
       (i) Section 3485 of title 38, United States Code, is 
     amended--

       (I) in subsection (a)(4)(E), by striking ``chapter 1606 or 
     1607 of title 10'' and inserting ``chapter 33 of this 
     title'';
       (II) in subsection (b), by striking ``chapter 30, 31, 32, 
     or 34 of this title or chapter 1606 or 1607 of title 10,'' 
     and inserting ``chapter 30, 31, 32, 33, or 34 of this 
     title''; and
       (III) in subsection (e)(1)--

       (aa) by striking ``, chapter 30, 31, 32, 35, or 36 of this 
     title, or chapter 1606 or 1607 of title 10'' and inserting 
     ``or chapter 30, 31, 32, 33, 35, or 36 of this title''; and
       (bb) by striking ``section 2135 of such title'' and 
     inserting ``section 3305 of this title''.
       (ii) Section 3672(c) of such title is amended--

       (I) in paragraph (3)(A), by striking ``chapters 30 and 35 
     of this title and chapter 1606 of title 10'' and inserting 
     ``chapters 30, 33, and 35 of this title''; and
       (II) in paragraph (4), by striking ``chapter 30 or 35 of 
     this title, or chapter 1606 of title 10, as the case may be'' 
     and inserting ``chapter 30, 33, or 35 of this title''.

       (iii) Section 3674 of such title is amended--

       (I) in subsection (a)(1), by striking ``and chapter 106 of 
     title 10''; and
       (II) in subsection (c), by inserting ``33,'' after ``32,''.

       (iv) Section 3680A(d)(1) of such title is amended--

       (I) by striking ``or under chapter 106 of title 10'' the 
     first place it appears; and
       (II) by striking ``or chapter 30, 31, 32, or 35 of this 
     title or under chapter 106 of title 10'' and inserting ``or 
     chapter 30, 31, 32, 33, or 35 of this title''.

       (v) Section 3684A(a)(1) of such title is amended by 
     striking ``chapter 30 or 32 of this title or in chapter 106 
     of title 10'' and inserting ``chapter 30, 32, or 33 of this 
     title''.
       (vi) Section 3688(b) of such title is amended by striking 
     ``, chapter 30, 32, or 35 of this title, or chapter 106 of 
     title 10'' and inserting ``or chapter 30, 32, 33, or 35 of 
     this title''.
       (vii) Section 3689 of such title is amended by inserting 
     ``33,'' after ``32,'' each place it appears.
       (viii) Section 3692 of such title is amended--

       (I) in subsection (a), by striking ``or 35 of this title 
     and chapter 1606 of title 10'' and inserting ``33, or 35 of 
     this title''; and
       (II) in subsection (b), by striking ``, chapters 30, 32, 
     and 35 of this title, and chapter 1606 of title 10'' and 
     inserting ``and chapters 30, 32, 33, and 35 of this title''.

       (ix) Section 3695(a) of such title is amended--

       (I) by striking paragraph (4) and inserting the following 
     new paragraph (4):

       ``(4) Chapters 30, 32, 34, 35, and 36 of this title and 
     subchapters I and II of chapter 33 of this title.''; and

       (II) in paragraph (5), by striking ``, 1606, 1607,''.

       (x) Section 3697(a) of such title is amended by striking 
     ``chapter 30, 32, 34, or 35 of this title, or chapter 106 of 
     title 10,'' and inserting ``chapter 30, 32, 33, 34, or 35 of 
     this title''.
       (xi) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32 of this title or chapter 106'' and inserting 
     ``32, or 33 of this title or chapter''.
       (B) Title 10, united states code.--Section 510(h) of title 
     10, United States Code, is amended--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``additional 
     educational assistance under chapter 1606 of this title or to 
     basic educational assistance under subchapter II of chapter 
     30 of title 38'' and inserting ``basic educational assistance 
     under subchapter II of chapter 30 of title 38 or educational 
     assistance under subchapter I of chapter 33 of that title''; 
     and
       (II) in subparagraph (B)--

       (aa) by striking ``chapter 1606 of this title or chapter 30 
     of title 38'' and inserting ``chapter 30 or subchapter I of 
     chapter 33 of title 38''; and
       (bb) by striking ``either such chapter'' each place it 
     appears and inserting ``either such provisions''; and
       (ii) in paragraph (3)(A), by striking ``educational 
     assistance under chapter 1606 of this title'' and all that 
     follows through ``as the case may be'' and inserting ``basic 
     educational assistance under chapter 30 of title 38 or 
     educational assistance under subchapter I of chapter 33 of 
     that title from an entitlement to such basic educational 
     assistance under chapter 30 of that title or educational 
     assistance under subchapter I of chapter 33 of that title, as 
     the case may be''.
       (C) Elementary and secondary education act of 1965.--
     Section 2304(g) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6674(g)) is amended by striking ``chapter 
     30 of title 38 or chapter 1606 of title 10'' and inserting 
     ``chapter 30 or 33 of title 38''.
       (D) Internal revenue code of 1986.--Section 25A(g)(2)(B) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``chapter 30, 31, 32, 34, or 35 of title 38, United States 
     Code, or under chapter 1606 of title 10, United States Code'' 
     and inserting ``chapter 30, 31, 32, 33, 34, or 35 of title 
     38, United States Code''.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2008.
                                 ______
                                 
  SA 2073. Mr. LIEBERMAN (for himself, Mr. McCain, Mr. Kyl, Mr. Graham, 
Mr. Coleman, Ms. Collins, Mr. Sessions, Mr. Levin, Mr. Salazar, and Mr. 
Craig) submitted an amendment intended to be proposed to amendment SA 
2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       At the end of title XV, add the following:

     SEC. 1535. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST 
                   COALITION FORCES IN IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Since January 19, 1984, the Secretary of State has 
     designated the Islamic Republic of Iran as a ``state sponsor 
     of terrorism,'' one of only five countries in the world at 
     present so designated.

[[Page 18440]]

       (2) The Department of State, in its most recent ``Country 
     Reports on Terrorism,'' stated that ``Iran remained the most 
     active state sponsor of terrorism'' in 2006.
       (3) The most recent Country Reports on Terrorism report 
     further stated, ``Iran continued [in 2006] to play a 
     destabilizing role in Iraq... Iran provided guidance and 
     training to select Iraqi Shia political groups, and weapons 
     and training to Shia militant groups to enable anti-Coalition 
     attacks. Iranian government forces have been responsible for 
     at least some of the increasing lethality of anti-Coalition 
     attacks by providing Shia militants with the capability to 
     build IEDs with explosively formed projectiles similar to 
     those developed by Iran and Lebanese Hezbollah. The Iranian 
     Revolutionary Guard was linked to armor-piercing explosives 
     that resulted in the deaths of Coalition Forces.''
       (4) In an interview published on June 7, 2006, Zalmay 
     Khalilzad, then-United States ambassador to Iraq, said of 
     Iranian support for extremist activity in Iraq, ``We can say 
     with certainty that they support groups that are attacking 
     coalition troops. These groups are using the same ammunition 
     to destroy armored vehicles that the Iranians are supplying 
     to Hezbollah in Lebanon. They pay money to Shiite militias 
     and they train some of the groups. We can't say whether 
     Teheran is supporting Al Qaeda, but we do know that Al Qaeda 
     people come here from Pakistan through Iran. And Ansar al 
     Sunna, a partner organization of Zarqawi's network, has a 
     base in northwest Iran.''
       (5) On April 26, 2007, General David Petraeus, commander of 
     Multi-National Force-Iraq, said of Iranian support for 
     extremist activity in Iraq, ``The level of financing, the 
     level of training on Iranian soil, the level of equipping 
     some sophisticated technologies... even advice in some cases, 
     has been very, very substantial and very harmful.''
       (6) On April 26, 2007, General Petraeus also said of 
     Iranian support for extremist activity in Iraq, ``We know 
     that it goes as high as [Brig. Gen. Qassem] Suleimani, who is 
     the head of the Qods Force.... We believe that he works 
     directly for the supreme leader of the country.''
       (7) On May 27, 2007, then-Major General William Caldwell, 
     spokesperson for Multi-National Force-Iraq, said, ``What we 
     do know is that the Iranian intelligence services, the Qods 
     Force, is in fact both training, equipping, and funding Shia 
     extremist groups... both in Iraq and also in Iran.... We have 
     in detention now people that we have captured that, in fact, 
     are Sunni extremist-related that have, in fact, received both 
     some funding and training from the Iranian intelligence 
     services, the Qods Force.''
       (8) On February 27, 2007, in testimony before the Committee 
     on Armed Services of the Senate, Lieutenant General Michael 
     Maples, director of the Defense Intelligence Agency, said of 
     Iranian support for extremist activity in Iraq, ``We believe 
     Hezbollah is involved in the training as well.''
       (9) On July 2, 2007, Brigadier General Kevin Bergner, 
     spokesperson for Multi-National Force-Iraq, stated, ``The 
     Iranian Qods Force is using Lebanese Hezbollah essentially as 
     a proxy, as a surrogate in Iraq.''
       (10) On July 2, 2007, Brigadier General Bergner detailed 
     the capture in southern Iraq by coalition forces of Ali Musa 
     Daqdaq, whom the United States military believes to be a 24-
     year veteran of Lebanese Hezbollah involved in the training 
     of Iraqi extremists in Iraq and Iran.
       (11) The Department of State designates Hezbollah a foreign 
     terrorist organization.
       (12) On July 2, 2007, Brigadier General Bergner stated that 
     the Iranian Qods Force operates three camps near Teheran 
     where it trains Iraqi extremists in cooperation with Lebanese 
     Hezbollah, stating, ``The Qods Force, along with Hezbollah 
     instructors, train approximately 20 to 60 Iraqis at a time, 
     sending them back to Iraq organized into these special 
     groups. They are being taught how to use EPFs [explosively 
     formed penetrators], mortars, rockets, as well as 
     intelligence, sniper, and kidnapping operations.''
       (13) On July 2, 2007, Brigadier General Bergner stated that 
     Iraqi extremists receive between $750,000 and $3,000,000 
     every month from Iranian sources.
       (14) On July 2, 2007, Brigadier General Bergner stated that 
     ``[o]ur intelligence reveals that senior leadership in Iran 
     is aware of this activity'' and that it would be ``hard to 
     imagine'' that Ayatollah Ali Khamenei, the Supreme Leader of 
     Iran, is unaware of it.
       (15) On July 2, 2007, Brigadier General Bergner stated, 
     ``There does not seem to be any follow-through on the 
     commitments that Iran has made to work with Iraq in 
     addressing the destabilizing security issues here in Iraq.''
       (16) On February 11, 2007, the United States military held 
     a briefing in Baghdad at which its representatives stated 
     that at least 170 members of the United States Armed Forces 
     have been killed, and at least 620 wounded, by weapons tied 
     to Iran.
       (17) On January 20, 2007, a sophisticated attack was 
     launched by insurgents at the Karbala Provincial Joint 
     Coordination Center in Iraq, resulting in the murder of five 
     American soldiers, four of whom were first abducted.
       (18) On April 26, 2007, General Petraeus stated that the 
     so-called Qazali network was responsible for the attack on 
     the Karbala Provincial Joint Coordination Center and that 
     ``there's no question that the Qazali network is directly 
     connected to the Iranian Qods force [and has] received money, 
     training, arms, ammunition, and at some points in time even 
     advice and assistance and direction''.
       (19) On July 2, 2007, Brigadier General Bergner stated that 
     the United States Armed Forces possesses documentary evidence 
     that the Qods Force had developed detailed information on the 
     United States position at the Karbala Provincial Joint 
     Coordination Center ``regarding our soldiers' activities, 
     shift changes, and defenses, and this information was shared 
     with the attackers''.
       (20) On July 2, 2007, Brigadier General Bergner stated of 
     the January 20 Karbala attackers, ``[They] could not have 
     conducted this complex operation without the support and 
     direction of the Qods Force.''
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the murder of members of the United States Armed Forces 
     by a foreign government or its agents is an intolerable and 
     unacceptable act of hostility against the United States by 
     the foreign government in question; and
       (2) the Government of the Islamic Republic of Iran must 
     take immediate action to end all training, arming, equipping, 
     funding, advising, and any other forms of support that it or 
     its agents are providing, and have provided, to Iraqi 
     militias and insurgents, who are contributing to the 
     destabilization of Iraq and are responsible for the murder of 
     members of the United States Armed Forces.
       (c) Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and every 60 days thereafter, the 
     Commander, Multi-National Forces Iraq and the United States 
     Ambassador to Iraq shall jointly submit to Congress a report 
     describing and assessing in detail--
       (A) the external support or direction provided to anti-
     coalition forces by the Government of the Islamic Republic of 
     Iran or its agents;
       (B) the strategy and ambitions in Iraq of the Government of 
     the Islamic Republic of Iran; and
       (C) any counter-strategy or efforts by the United States 
     Government to counter the activities of agents of the 
     Government of the Islamic Republic of Iran in Iraq.
       (2) Form.--Each report required under paragraph (1) shall 
     be in unclassified form, but may contain a classified annex.
                                 ______
                                 
  SA 2074. Mrs. LINCOLN (for herself, Ms. Collins, Mr. Crapo, Mr. 
Durbin, Mr. Coleman, Mr. Brown, Mr. Kerry, Mr. Leahy, Mr. Pryor, Mr. 
Harkin, Mr. Casey, Ms. Snowe, Ms. Mikulski, and Ms. Klobuchar) 
submitted an amendment intended to be proposed by her to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 673. 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
       ``(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.

[[Page 18441]]


                                 ______
                                 
  SA 2075. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXIV, add the following:

     SEC. 2406. CONSTRUCTION OF SPECIAL OPERATIONS FORCES CV-22 
                   SIMULATOR FACILITY AT CANNON AIR FORCE BASE, 
                   NEW MEXICO.

       (a) Authorization for Projects.--
       (1) In general.--The amount set forth in the item relating 
     to Cannon Air Force Base, New Mexico, in the table entitled 
     ``Special Operations Command'' in section 2401(a) is hereby 
     increased by $7,500,000.
       (2) Project authorized.--The amount authorized to acquire 
     real property and carry out military construction projects 
     for the Special Operations Command at Cannon Air Force Base, 
     New Mexico, pursuant to paragraph (1) may be available for 
     the construction of a Special Operations Forces CV-22 
     Simulator Facility.
       (b) Increase in Amount Authorized to Be Appropriated.--The 
     amount authorized to be appropriated by section 2403 for 
     military construction, land acquisition, and military family 
     housing functions of the Department of Defense and the amount 
     designated under paragraph (1) of such section for military 
     construction projects inside the United States are each 
     increased by $7,500,000.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for the Air 
     Force is hereby reduced by $7,500,000.
                                 ______
                                 
  SA 2076. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VI, add the following:

   Subtitle G--Pay Protection for Members of the National Guard and 
                                Reserve

     SEC. 691. SHORT TITLE.

       This subtitle may be cited as the ``Helping Our Patriotic 
     Employers at Helping Our Military Employees Act of 2007'' or 
     the ``HOPE at HOME Act of 2007''.

     SEC. 692. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS 
                   PERFORMING ACTIVE SERVICE IN THE UNIFORMED 
                   SERVICES.

       (a) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     service in the uniformed services for a period of more than 
     90 days shall be entitled to receive, for each pay period 
     described in subsection (b), an amount equal to the amount by 
     which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that service, exceeds (if at all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for that service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     service in the uniformed services.
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e)(1) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(2) The Administrator of the Federal Aviation 
     Administration shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of that agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee', `Federal Government', and 
     `uniformed services' have the same respective meanings as 
     given in section 4303 of title 38;
       ``(2) the term `service in the uniformed services' has the 
     meaning given that term in section 4303 of title 38 and 
     includes duty performed by a member of the National Guard 
     under section 502(f) of title 32 at the direction of the 
     Secretary of the Army or Secretary of the Air Force;
       ``(3) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(4) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     55 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as added by 
     this section) beginning on or after September 11, 2001.

     SEC. 693. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT ADDED 
                   TO GENERAL BUSINESS CREDIT.

       (a) Ready Reserve-National Guard Credit.--Subpart D of part 
     IV of subchapter A of chapter 1 of the Internal Revenue Code 
     of 1986 (relating to business-related credits) is amended by 
     adding at the end the following:

     ``SEC. 45O. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.

       ``(a) General Rule.--For purposes of section 38, the Ready 
     Reserve-National Guard employee credit determined under this 
     section for any taxable year is an amount equal to 50 percent 
     of the actual compensation amount for such taxable year.
       ``(b) Definition of Actual Compensation Amount.--For 
     purposes of this section, the term `actual compensation 
     amount' means the amount of compensation paid or incurred by 
     an employer with respect to a Ready Reserve-National Guard 
     employee on any day during a taxable year when the employee 
     was absent from employment for the purpose of performing 
     qualified active duty.
       ``(c) Limitation.--No credit shall be allowed with respect 
     to a Ready Reserve-National Guard employee who performs 
     qualified active duty on any day on which the employee was 
     not scheduled to work (for reason other than to participate 
     in qualified active duty).
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified active duty.--The term `qualified active 
     duty' means--
       ``(A) active duty, other than the training duty specified 
     in section 10147 of title 10, United States Code (relating to 
     training requirements for the Ready Reserve), or section 
     502(a) of title 32, United States Code (relating to required 
     drills and field exercises for the National Guard), in 
     connection with which an employee is entitled to reemployment 
     rights and other benefits or to a leave of absence from 
     employment under chapter 43 of title 38, United States Code, 
     and
       ``(B) hospitalization incident to such duty.
       ``(2) Compensation.--The term `compensation' means any 
     remuneration for employment, whether in cash or in kind, 
     which is paid or incurred by a taxpayer and which is 
     deductible from the taxpayer's gross income under section 
     162(a)(1).
       ``(3) Ready reserve-national guard employee.--The term 
     `Ready Reserve-National Guard employee' means an employee who 
     is a member of the Ready Reserve of a reserve component of an 
     Armed Force of the United States as described in sections 
     10142 and 10101 of title 10, United States Code.
       ``(4) Certain rules to apply.--Rules similar to the rules 
     of section 52 shall apply.
       ``(e) Portion of Credit Made Refundable.--
       ``(1) In general.--In the case of an eligible employer of a 
     Ready Reserve-National Guard employee, the aggregate credits 
     allowed to a taxpayer under subpart C shall be increased by 
     the lesser of--

[[Page 18442]]

       ``(A) the credit which would be allowed under this section 
     without regard to this subsection and the limitation under 
     section 38(c), or
       ``(B) the amount by which the aggregate amount of credits 
     allowed by this subpart (determined without regard to this 
     subsection) would increase if the limitation imposed by 
     section 38(c) for any taxable year were increased by the 
     amount of employer payroll taxes imposed on the taxpayer 
     during the calendar year in which the taxable year begins.
     The amount of the credit allowed under this subsection shall 
     not be treated as a credit allowed under this subpart and 
     shall reduce the amount of the credit otherwise allowable 
     under subsection (a) without regard to section 38(c).
       ``(2) Eligible employer.--For purposes of this subsection, 
     the term `eligible employer' means an employer which is a 
     State or local government or subdivision thereof.
       ``(3) Employer payroll taxes.--For purposes of this 
     subsection--
       ``(A) In general.--The term `employer payroll taxes' means 
     the taxes imposed by--
       ``(i) section 3111(b), and
       ``(ii) sections 3211(a) and 3221(a) (determined at a rate 
     equal to the rate under section 3111(b)).
       ``(B) Special rule.--A rule similar to the rule of section 
     24(d)(2)(C) shall apply for purposes of subparagraph (A).''.
       (b) Credit To Be Part of General Business Credit.--
     Subsection (b) of section 38 of such Code (relating to 
     general business credit) is amended by striking ``plus'' at 
     the end of paragraph (309), by striking the period at the end 
     of paragraph (31) and inserting ``, plus'', and by adding at 
     the end the following:
       ``(32) the Ready Reserve-National Guard employee credit 
     determined under section 45O(a).''.
       (c) Denial of Double Benefit.--Section 280C(a) (relating to 
     rule for employment credits) is amended by inserting 
     ``45O(a),'' after ``45A(a),''.
       (d) Conforming Amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to section 45N the following:

``Sec. 45O. Ready Reserve-National Guard employee credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 694. READY RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE 
                   CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.) is amended by adding after section 
     30C the following new section:

     ``SEC. 30D. READY RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE 
                   CREDIT.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an eligible taxpayer, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year the sum of the employment 
     credits for each qualified replacement employee under this 
     section.
       ``(2) Employment credit.--The employment credit with 
     respect to a qualified replacement employee of the taxpayer 
     for any taxable year is equal to 50 percent of the lesser 
     of--
       ``(A) the individual's qualified compensation attributable 
     to service rendered as a qualified replacement employee, or
       ``(B) $12,000.
       ``(b) Qualified Compensation.--The term `qualified 
     compensation' means--
       ``(1) compensation which is normally contingent on the 
     qualified replacement employee's presence for work and which 
     is deductible from the taxpayer's gross income under section 
     162(a)(1),
       ``(2) compensation which is not characterized by the 
     taxpayer as vacation or holiday pay, or as sick leave or pay, 
     or as any other form of pay for a nonspecific leave of 
     absence, and
       ``(3) group health plan costs (if any) with respect to the 
     qualified replacement employee.
       ``(c) Qualified Replacement Employee.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified replacement 
     employee' means an individual who is hired to replace a Ready 
     Reserve-National Guard employee or a Ready Reserve-National 
     Guard self-employed taxpayer, but only with respect to the 
     period during which--
       ``(A) such Ready Reserve-National Guard employee is 
     receiving an actual compensation amount (as defined in 
     section 45O(b)) from the employee's employer and is 
     participating in qualified active duty, including time spent 
     in travel status, or
       ``(B) such Ready Reserve-National Guard self-employed 
     taxpayer is participating in such qualified active duty.
       ``(2) Ready reserve-national guard employee.--The term 
     `Ready Reserve-National Guard employee' has the meaning given 
     such term by section 45O(d)(3).
       ``(3) Ready reserve-national guard self-employed 
     taxpayer.--The term `Ready Reserve-National Guard self-
     employed taxpayer' means a taxpayer who--
       ``(A) has net earnings from self-employment (as defined in 
     section 1402(a)) for the taxable year, and
       ``(B) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States as described 
     in section 10142 and 10101 of title 10, United States Code.
       ``(d) Coordination With Other Credits.--The amount of 
     credit otherwise allowable under sections 51(a), 1396(a), or 
     any other provision of this chapter with respect to any wages 
     or other compensation paid to an employee shall be reduced by 
     the credit allowed by this section with respect to such 
     employee.
       ``(e) Limitations.--
       ``(1) Application with other credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(A) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(2) Disallowance for failure to comply with employment or 
     reemployment rights of members of the reserve components of 
     the armed forces of the united states.--No credit shall be 
     allowed under subsection (a) to a taxpayer for--
       ``(A) any taxable year, beginning after the date of the 
     enactment of this section, in which the taxpayer is under a 
     final order, judgment, or other process issued or required by 
     a district court of the United States under section 4323 of 
     title 38 of the United States Code with respect to a 
     violation of chapter 43 of such title, and
       ``(B) the 2 succeeding taxable years.
       ``(f) General Definitions and Special Rules.--For purposes 
     of this section--
       ``(1) Eligible taxpayer.--The term `eligible taxpayer' 
     means a small business employer or a Ready Reserve-National 
     Guard self-employed taxpayer.
       ``(2) Small business employer.--
       ``(A) In general.--The term `small business employer' 
     means, with respect to any taxable year, any employer who 
     employed an average of 50 or fewer employees on business days 
     during such taxable year.
       ``(B) Controlled groups.--For purposes of subparagraph (A), 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer.
       ``(3) Qualified active duty.--The term `qualified active 
     duty' has the meaning given such term by section 45N(d)(1).
       ``(4) Special rules for certain manufacturers.--
       ``(A) In general.--In the case of any qualified 
     manufacturer--
       ``(i) subsection (a)(2)(B) shall be applied by substituting 
     `$20,000' for `$12,000', and
       ``(ii) paragraph (2)(A) of this subsection shall be applied 
     by substituting `100' for `50'.
       ``(B) Qualified manufacturer.--For purposes of this 
     paragraph, the term `qualified manufacturer' means any person 
     if--
       ``(i) the primary business of such person is classified in 
     sector 31, 32, or 33 of the North American Industrial 
     Classification System, and
       ``(ii) all of such person's facilities which are used for 
     production in such business are located in the United States.
       ``(5) Carryback and carryforward allowed.--
       ``(A) In general.--If the credit allowable under subsection 
     (a) for a taxable year exceeds the amount of the limitation 
     under subsection (e)(1) for such taxable year (in this 
     paragraph referred to as the `unused credit year'), such 
     excess shall be a credit carryback to each of the 3 taxable 
     years preceding the unused credit year and a credit 
     carryforward to each of the 20 taxable years following the 
     unused credit year.
       ``(B) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryback and credit 
     carryforward under subparagraph (A).
       ``(6) Certain rules to apply.--Rules similar to the rules 
     of subsections (c), (d), and (e) of section 52 shall 
     apply.''.
       (b) No Deduction for Compensation Taken Into Account for 
     Credit.--Section 280C(a) of the Internal Revenue Code of 1986 
     (relating to rule for employment credits), as amended by this 
     Act, is amended--
       (1) by inserting ``or compensation'' after ``salaries'', 
     and
       (2) by inserting ``30D,'' before ``45A(a),''.
       (c) Conforming Amendment.--Section 55(c)(3) of the Internal 
     Revenue Code of 1986 is amended by inserting ``30D(e)(1),'' 
     after ``30C(d)(2),''.
       (d) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding after the item 
     relating to section 30C the following new item:

``Sec. 30D. Ready Reserve-National Guard Replacement Employee 
              Credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

[[Page 18443]]



     SEC. 695. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE 
                   PAYMENTS.

       (a) In General.--Section 3401 of the Internal Revenue Code 
     of 1986 (relating to definitions) is amended by adding at the 
     end the following new subsection:
       ``(h) Differential Wage Payments to Active Duty Members of 
     the Uniformed Services.--
       ``(1) In general.--For purposes of subsection (a), any 
     differential wage payment shall be treated as a payment of 
     wages by the employer to the employee.
       ``(2) Differential wage payment.--For purposes of paragraph 
     (1), the term `differential wage payment' means any payment 
     which--
       ``(A) is made by an employer to an individual with respect 
     to any period during which the individual is performing 
     service in the uniformed services while on active duty for a 
     period of more than 30 days, and
       ``(B) represents all or a portion of the wages the 
     individual would have received from the employer if the 
     individual were performing service for the employer.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to remuneration paid after December 31, 2006.

     SEC. 696. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR 
                   RETIREMENT PLAN PURPOSES.

       (a) Pension Plans.--
       (1) In general.--Section 414(u) of the Internal Revenue 
     Code of 1986 (relating to special rules relating to veterans' 
     reemployment rights under USERRA) is amended by adding at the 
     end the following new paragraph:
       ``(11) Treatment of differential wage payments.--
       ``(A) In general.--Except as provided in this paragraph, 
     for purposes of applying this title to a retirement plan to 
     which this subsection applies--
       ``(i) an individual receiving a differential wage payment 
     shall be treated as an employee of the employer making the 
     payment,
       ``(ii) the differential wage payment shall be treated as 
     compensation, and
       ``(iii) the plan shall not be treated as failing to meet 
     the requirements of any provision described in paragraph 
     (1)(C) by reason of any contribution which is based on the 
     differential wage payment.
       ``(B) Special rule for distributions.--
       ``(i) In general.--Notwithstanding subparagraph (A)(i), for 
     purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 
     403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be 
     treated as having been severed from employment during any 
     period the individual is performing service in the uniformed 
     services described in section 3401(h)(2)(A).
       ``(ii) Limitation.--If an individual elects to receive a 
     distribution by reason of clause (i), the plan shall provide 
     that the individual may not make an elective deferral or 
     employee contribution during the 6-month period beginning on 
     the date of the distribution.
       ``(C) Nondiscrimination requirement.--Subparagraph (A)(iii) 
     shall apply only if all employees of an employer performing 
     service in the uniformed services described in section 
     3401(h)(2)(A) are entitled to receive differential wage 
     payments on reasonably equivalent terms and, if eligible to 
     participate in a retirement plan maintained by the employer, 
     to make contributions based on the payments. For purposes of 
     applying this subparagraph, the provisions of paragraphs (3), 
     (4), and (5), of section 410(b) shall apply.
       ``(D) Differential wage payment.--For purposes of this 
     paragraph, the term `differential wage payment' has the 
     meaning given such term by section 3401(h)(2).''.
       (2) Conforming amendment.--The heading for section 414(u) 
     of such Code is amended by inserting ``and to Differential 
     Wage Payments to Members on Active Duty'' after ``USERRA''.
       (b) Differential Wage Payments Treated as Compensation for 
     Individual Retirement Plans.--Section 219(f)(1) of the 
     Internal Revenue Code of 1986 (defining compensation) is 
     amended by adding at the end the following new sentence: 
     ``The term `compensation' includes any differential wage 
     payment (as defined in section 3401(h)(2)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2006.
       (d) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any plan or 
     annuity contract amendment--
       (A) such plan or contract shall be treated as being 
     operated in accordance with the terms of the plan or contract 
     during the period described in paragraph (2)(B)(i), and
       (B) except as provided by the Secretary of the Treasury, 
     such plan shall not fail to meet the requirements of the 
     Internal Revenue Code of 1986 or the Employee Retirement 
     Income Security Act of 1974 by reason of such amendment.
       (2) Amendments to which section applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any amendment made by this section, and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2009.
       (B) Conditions.--This subsection shall not apply to any 
     plan or annuity contract amendment unless--
       (i) during the period beginning on the date the amendment 
     described in subparagraph (A)(i) takes effect and ending on 
     the date described in subparagraph (A)(ii) (or, if earlier, 
     the date the plan or contract amendment is adopted), the plan 
     or contract is operated as if such plan or contract amendment 
     were in effect, and
       (ii) such plan or contract amendment applies retroactively 
     for such period.
                                 ______
                                 
  SA 2077. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 2842. RELOCATION OF UNITS FROM ROBERTS UNITED STATES 
                   ARMY RESERVE CENTER AND NAVY-MARINE CORPS 
                   RESERVE CENTER, BATON ROUGE, LOUISIANA.

       Recommendation # 23 of the September 8, 2005, Final Report 
     of the 2005 Defense Base Closure and Realignment Commission, 
     relating to the relocation of units from the Roberts United 
     States Army Reserve Center and the Navy-Marine Corps Reserve 
     Center, Baton Rouge, Louisiana, shall be interpreted as 
     authorizing the relocation of such units to suitable State 
     property in the vicinity of greater Baton Rouge, Louisiana.
                                 ______
                                 
  SA 2078. Mr. GRAHAM (for himself, Mr. McCain, and Mr. Kyl) submitted 
an amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

     SEC. 1031. SENSE OF CONGRESS ON DWELL TIME BETWEEN 
                   DEPLOYMENTS FOR MEMBERS OF THE ARMED FORCES.

       It is the sense of Congress that--
       (1) the wartime demands placed on the men and women of the 
     Armed Forces, both in the regular and reserve components, and 
     upon their families and loved ones, since the terrorist 
     attacks on the United States on September 11, 2001, have 
     required the utmost in honor, courage, commitment, and 
     dedication to duty, and the sacrifices they have made and 
     continue to make in the defense of our nation will forever be 
     remembered and revered;
       (2) members of the Armed Forces who have completed combat 
     deployments require as much certainty as possible about the 
     amount of time they will be at their home stations before 
     commencing a subsequent extended operational deployment; and
       (3) the goal, consistent with wartime requirements, for 
     dwell time between extended operational deployments of 
     members of the Armed Forces should be--
       (A) for members of the regular components of the Armed 
     Forces, no less 12 months between deployments; and
       (B) for members of the reserve components of the Armed 
     Forces, no less than 5 years between deployments.
                                 ______
                                 
  SA 2079. Mr. ALLARD (for himself and Mr. Salazar) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title III, add the following:

     SEC. 358. REIMBURSEMENT FOR COSTS OF MEETING AIR FORCE SAFETY 
                   REQUIREMENTS FOR FLIGHT TRAINING OPERATIONS, 
                   PUEBLO MEMORIAL AIRPORT, COLORADO.

       None of the funds authorized to be appropriated by section 
     301(4) for operation and maintenance for the Air Force may be 
     made available for Air Force flight training operations at 
     Pueblo Memorial Airport, Colorado, until the Secretary of the 
     Air Force certifies to the congressional defense committees 
     that the Air Force has begun negotiations with the City of 
     Pueblo, Colorado, for the reimbursement of costs incurred by 
     the City in meeting Air Force safety requirements related to 
     fire protection, crash rescue, and other emergency response 
     capabilities required for such flight training operations.

[[Page 18444]]


                                 ______
                                 
  SA 2080. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 555. ANNUAL ASSESSMENTS OF MOOD AMONG CADETS AND 
                   MIDSHIPMEN AT THE SERVICE ACADEMIES.

       (a) United States Military Academy.--
       (1) In general.--Chapter 403 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4362. Cadets: annual assessment of mood among cadets

       ``(a) In General.--The Secretary of the Army shall direct 
     the Superintendent of the Academy to conduct at the Academy 
     during each Academy program year an assessment of the mood 
     among cadets at the Academy. The Superintendent shall conduct 
     each such assessment through a survey of cadets conducted for 
     that purpose.
       ``(b) Matters To Be Assessed.--Each assessment under this 
     section shall be designed to assess the mood and perceptions 
     of cadets with respect to the following at the Academy:
       ``(1) With respect to sexual harassment and sexual 
     violence--
       ``(A) the incidence during the program year covered by such 
     assessment of sexual harassment and sexual violence events, 
     on or off the Academy reservation, that have been reported to 
     officials of the Academy;
       ``(B) the incidence during the program year covered by such 
     assessment of sexual harassment and sexual violence events, 
     on or off the Academy reservation, that have not been 
     reported to officials of the Academy;
       ``(C) the policies, training, and procedures of the Academy 
     on sexual harassment and sexual violence involving cadets or 
     other Academy personnel, including the enforcement of such 
     policies; and
       ``(D) any other issues relating to sexual harassment and 
     sexual violence involving cadets or other Academy personnel.
       ``(2) Race and ethnicity.
       ``(3) Religion.
       ``(4) Alcohol-related behavior.
       ``(5) Trust and confidence in the leadership of the 
     Academy.
       ``(6) Fear of reprisal.
       ``(7) Trust and confidence in the response of the Academy 
     to sexual assault.
       ``(8) Any other matters that the Secretary considers 
     appropriate.
       ``(c) Annual Reports.--(1) The Secretary of the Army shall 
     direct the Superintendent of the Academy to submit to the 
     Secretary each year a report on the assessment conducted 
     under this section for the preceding Academy program year.
       ``(2) Each report shall include the following:
       ``(A) The number of sexual assaults, rapes, and other 
     sexual offenses involving cadets or other Academy personnel 
     that have been reported to Academy officials during the 
     program year covered by such report and, of those reported 
     cases, the number that have been substantiated.
       ``(B) The policies, procedures, and processes implemented 
     by the Secretary and the leadership of the Academy in 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel during such program year.
       ``(C) A plan for the actions that are to be taken in the 
     following Academy program year regarding the prevention of 
     and response to sexual harassment and sexual violence 
     involving cadets or other Academy personnel.
       ``(D) The assessment of the Superintendent with respect to 
     the matters specified in paragraphs (2) through (8) of 
     subsection (b).
       ``(E) Any recommendations that the Superintendent considers 
     appropriate in response to matters raised in or identified by 
     the assessment.
       ``(F) Any other matters that the Superintendent considers 
     appropriate.
       ``(3) The Secretary of the Army shall transmit to the 
     Secretary of Defense, and to the Board of Visitors of the 
     Academy, each report received by the Secretary of the Army 
     under this subsection, together with the comments of the 
     Secretary of the Army on such report.
       ``(4) The Secretary of Defense shall transmit each report 
     received by the Secretary under this subsection, together 
     with the comments of the Secretary on the report, to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 403 of such title is amended by adding 
     at the end the following new item:

``4362. Cadets: annual assessment of mood among cadets.''.
       (3) Conforming repeal.--Section 4361 of such title is 
     amended by striking subsections (c) and (d).
       (b) United States Naval Academy.--
       (1) In general.--Chapter 603 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 6981. Midshipmen: annual assessment of mood among 
       midshipmen

       ``(a) In General.--The Secretary of the Navy shall direct 
     the Superintendent of the Naval Academy to conduct at the 
     Naval Academy during each Academy program year an assessment 
     of the mood among midshipmen at the Academy. The 
     Superintendent shall conduct each such assessment through a 
     survey of midshipmen conducted for that purpose.
       ``(b) Matters To Be Assessed.--Each assessment under this 
     section shall be designed to assess the mood and perceptions 
     of midshipmen with respect to the following at the Academy:
       ``(1) With respect to sexual harassment and sexual 
     violence--
       ``(A) the incidence during the program year covered by such 
     assessment of sexual harassment and sexual violence events, 
     on or off the Academy reservation, that have been reported to 
     officials of the Academy;
       ``(B) the incidence during the program year covered by such 
     assessment of sexual harassment and sexual violence events, 
     on or off the Academy reservation, that have not been 
     reported to officials of the Academy;
       ``(C) the policies, training, and procedures of the Academy 
     on sexual harassment and sexual violence involving midshipmen 
     or other Academy personnel, including the enforcement of such 
     policies; and
       ``(D) any other issues relating to sexual harassment and 
     sexual violence involving midshipmen or other Academy 
     personnel.
       ``(2) Race and ethnicity.
       ``(3) Religion.
       ``(4) Alcohol-related behavior.
       ``(5) Trust and confidence in the leadership of the 
     Academy.
       ``(6) Fear of reprisal.
       ``(7) Trust and confidence in the response of the Academy 
     to sexual assault.
       ``(8) Any other matters that the Secretary considers 
     appropriate.
       ``(c) Annual Reports.--(1) The Secretary of the Navy shall 
     direct the Superintendent of the Academy to submit to the 
     Secretary each year a report on the assessment conducted 
     under this section for the preceding Academy program year.
       ``(2) Each report shall include the following:
       ``(A) The number of sexual assaults, rapes, and other 
     sexual offenses involving midshipmen or other Academy 
     personnel that have been reported to Academy officials during 
     the program year covered by such report and, of those 
     reported cases, the number that have been substantiated.
       ``(B) The policies, procedures, and processes implemented 
     by the Secretary and the leadership of the Academy in 
     response to sexual harassment and sexual violence involving 
     midshipmen or other Academy personnel during such program 
     year.
       ``(C) A plan for the actions that are to be taken in the 
     following Academy program year regarding the prevention of 
     and response to sexual harassment and sexual violence 
     involving midshipmen or other Academy personnel.
       ``(D) The assessment of the Superintendent with respect to 
     the matters specified in paragraphs (2) through (8) of 
     subsection (b).
       ``(E) Any recommendations that the Superintendent considers 
     appropriate in response to matters raised in or identified by 
     the assessment.
       ``(F) Any other matters that the Superintendent considers 
     appropriate.
       ``(3) The Secretary of the Navy shall transmit to the 
     Secretary of Defense, and to the Board of Visitors of the 
     Naval Academy, each report received by the Secretary of the 
     Navy under this subsection, together with the comments of the 
     Secretary of the Navy on such report.
       ``(4) The Secretary of Defense shall transmit each report 
     received by the Secretary under this subsection, together 
     with the comments of the Secretary on the report, to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 603 of such title is amended by adding 
     at the end the following new item:

``6981. Midshipmen: annual assessment of mood among midshipmen.''.
       (3) Conforming repeal.--Section 6980 of such title is 
     amended by striking subsections (c) and (d).
       (c) United States Air Force Academy.--
       (1) In general.--Chapter 903 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 9362. Cadets: annual assessment of mood among cadets

       ``(a) In General.--The Secretary of the Air Force shall 
     direct the Superintendent of the Academy to conduct at the 
     Academy during each Academy program year an assessment of the 
     mood among cadets at the Academy. The Superintendent shall 
     conduct each such assessment through a survey of cadets 
     conducted for that purpose.
       ``(b) Matters To Be Assessed.--Each assessment under this 
     section shall be designed to assess the mood and perceptions 
     of cadets

[[Page 18445]]

     with respect to the following at the Academy:
       ``(1) With respect to sexual harassment and sexual 
     violence--
       ``(A) the incidence during the program year covered by such 
     assessment of sexual harassment and sexual violence events, 
     on or off the Academy reservation, that have been reported to 
     officials of the Academy;
       ``(B) the incidence during the program year covered by such 
     assessment of sexual harassment and sexual violence events, 
     on or off the Academy reservation, that have not been 
     reported to officials of the Academy;
       ``(C) the policies, training, and procedures of the Academy 
     on sexual harassment and sexual violence involving cadets or 
     other Academy personnel, including the enforcement of such 
     policies; and
       ``(D) any other issues relating to sexual harassment and 
     sexual violence involving cadets or other Academy personnel.
       ``(2) Race and ethnicity.
       ``(3) Religion.
       ``(4) Alcohol-related behavior.
       ``(5) Trust and confidence in the leadership of the 
     Academy.
       ``(6) Fear of reprisal.
       ``(7) Trust and confidence in the response of the Academy 
     to sexual assault.
       ``(8) Any other matters that the Secretary considers 
     appropriate.
       ``(c) Annual Reports.--(1) The Secretary of the Air Force 
     shall direct the Superintendent of the Academy to submit to 
     the Secretary each year a report on the assessment conducted 
     under this section for the preceding Academy program year.
       ``(2) Each report shall include the following:
       ``(A) The number of sexual assaults, rapes, and other 
     sexual offenses involving cadets or other Academy personnel 
     that have been reported to Academy officials during the 
     program year covered by such report and, of those reported 
     cases, the number that have been substantiated.
       ``(B) The policies, procedures, and processes implemented 
     by the Secretary and the leadership of the Academy in 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel during such program year.
       ``(C) A plan for the actions that are to be taken in the 
     following Academy program year regarding the prevention of 
     and response to sexual harassment and sexual violence 
     involving cadets or other Academy personnel.
       ``(D) The assessment of the Superintendent with respect to 
     the matters specified in paragraphs (2) through (8) of 
     subsection (b).
       ``(E) Any recommendations that the Superintendent considers 
     appropriate in response to matters raised in or identified by 
     the assessment.
       ``(F) Any other matters that the Superintendent considers 
     appropriate.
       ``(3) The Secretary of the Air Force shall transmit to the 
     Secretary of Defense, and to the Board of Visitors of the 
     Academy, each report received by the Secretary of the Air 
     Force under this subsection, together with the comments of 
     the Secretary of the Air Force on such report.
       ``(4) The Secretary of Defense shall transmit each report 
     received by the Secretary under this subsection, together 
     with the comments of the Secretary on the report, to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 903 of such title is amended by adding 
     at the end the following new item:

``9362. Cadets: annual assessment of mood among cadets.''.
       (3) Conforming repeal.--Section 9361 of such title is 
     amended by striking subsections (c) and (d).
       (d) Conforming Repeal of Requirement for Focus Groups.--
     Subsection (b) of section 532 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2205; 10 U.S.C. 4361 note) is repealed.
                                 ______
                                 
  SA 2081. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division C, add the following:

                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

     SEC. 3301. DISPOSITION OF QUALIFIED OIL SHALE REVENUES.

       Section 7439 of title 10, United States Code, is amended--
       (1) in subsection (f)--
       (A) in paragraph (1)--
       (i) by striking ``all moneys received during the period 
     specified in paragraph (2)'' and inserting ``during the 
     period beginning on November 18, 1997, and ending on December 
     31, 2017, all amounts received''; and
       (ii) by striking ``and shall not be subject to the 
     distribution to the States pursuant to subsection (a) of such 
     section 35'' and inserting ``for distribution in accordance 
     with subsection (g)''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Any amounts deposited under paragraph (1) shall not 
     be subject to distribution to the States under section 35(a) 
     of the Mineral Leasing Act (30 U.S.C. 191(a)).''; and
       (2) by striking subsection (g) and inserting the following:
       ``(g) Use of Revenues.--
       ``(1) Definitions.--In this subsection:
       ``(A) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(B) State.--The term `State' means the State of Colorado.
       ``(C) State fund.--The term `State fund' means the oil 
     shale special fund established under Colo. Rev. Stat. 34-63-
     104.
       ``(2) Distribution of revenues.--Of the amounts deposited 
     under subsection (f)(1)--
       ``(A) 50 percent shall be transferred from the Secretary of 
     the Treasury to the State for deposit in the State fund, for 
     use in accordance with paragraph (3); and
       ``(B) 50 percent shall be deposited in a special account of 
     the Treasury, to be available to the Secretary without 
     further appropriation until expended, for use in accordance 
     with paragraph (4).
       ``(3) Use of state fund.--Amounts deposited in the State 
     fund under paragraph (2)(A) shall be used by the State in 
     accordance with the provisions of the State fund to assist 
     State agencies, school districts, and political subdivisions 
     of the State affected by the development and production of 
     energy resources from oil shale land in planning for and 
     providing facilities and services associated with the 
     development and production.
       ``(4) Use of special account.--
       ``(A) In general.--The Secretary shall use amounts 
     deposited in the special account under paragraph (2)(B) only 
     for 1 or more of the following purposes:
       ``(i) Any necessary environmental restoration, waste 
     management, or environmental compliance activities with 
     respect to Oil Shale Reserve Numbered 3 that are--

       ``(I) the responsibility of the United States; and
       ``(II)(aa) identified in the report relating to Oil Shale 
     Reserve Numbered 3 submitted by the Secretary to Congress in 
     November 2005; or
       ``(bb) identified by the Secretary after the date of the 
     submission of the report described in item (aa).

       ``(ii) Any necessary additional analysis, site 
     characterization, and geotechnical studies or monitoring that 
     the Secretary determines to be necessary to support 
     environmental restoration, waste management, or environmental 
     compliance with respect to Oil Shale Reserve Numbered 3.
       ``(iii) Financial assistance to local governments in the 
     States of Colorado, Utah, and Wyoming affected by the 
     development and production of energy resources from oil shale 
     land in the form of grants awarded in a manner prescribed by 
     the Secretary to carry out planning for, and providing 
     infrastructure that may be necessary to address, community 
     needs created by new energy production and development 
     activities.
       ``(iv) Financial assistance to the States of Colorado, 
     Utah, and Wyoming for purposes of--

       ``(I) conducting studies requested by the Secretary; or
       ``(II) carrying out coordination and consultation 
     activities under this section.

       ``(v) Any additional administrative costs incurred by the 
     Bureau of Land Management for the coordination and processing 
     of use authorizations on Federal land, inspection and 
     enforcement activities, and monitoring necessary to implement 
     section 369 of the Energy Policy Act of 2005 (42 U.S.C. 
     15927).
       ``(B) Coordination.--To ensure accountability and 
     demonstrated results, the Secretary shall coordinate with the 
     Secretary of Energy, the State, local governments, and other 
     interested persons in using amounts in the special account 
     under this paragraph.''.
                                 ______
                                 
  SA 2082. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Short Title.--This section may be cited as the ``Help 
     for Military Children Affected by War Act of 2007''.
       (b) Grants Authorized.--The Secretary of Defense is 
     authorized to award grants to eligible local educational 
     agencies for the additional education, counseling, and other 
     needs of military dependent children who are affected by war 
     or dramatic military decisions.
       (c) Definitions.--In this section:

[[Page 18446]]

       (1) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means a local educational agency 
     that--
       (A)(i) had a number of military dependent children in 
     average daily attendance in the schools served by the local 
     educational agency during the school year preceding the 
     school year for which the determination is made, that--
       (I) equaled or exceeded 20 percent of the number of all 
     children in average daily attendance in the schools served by 
     such agency during the preceding school year; or
       (II) was 1,000 or more,

     whichever is less; and
       (ii) is designated by the Secretary of Defense as impacted 
     by--
       (I) Operation Iraqi Freedom;
       (II) Operation Enduring Freedom;
       (III) the global rebasing plan of the Department of 
     Defense;
       (IV) the realignment of forces as a result of the base 
     closure process;
       (V) the official creation or activation of 1 or more new 
     military units; or
       (VI) a change in the number of required housing units on a 
     military installation, due to the Military Housing 
     Privatization Initiative of the Department of Defense; or
       (B)(i) enrolls not less than 1 military dependent child 
     affected by Operation Iraqi Freedom or Operation Enduring 
     Freedom, as certified by the Secretary of Education; and
       (ii) is not eligible for a payment under section 8002 or 
     8003 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7702, 7703).
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (3) Military dependent child.--The term ``military 
     dependent child''--
       (A) means a child described in subparagraph (B) or (D)(i) 
     of section 8003(a)(1) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(a)(1)); and
       (B) includes a child--
       (i) who resided on Federal property with a parent on active 
     duty in the National Guard or Reserve; or
       (ii) who had a parent on active duty in the National Guard 
     or Reserve but did not reside on Federal property.
       (d) Use of Funds.--Grant funds provided under this section 
     shall be used for--
       (1) tutoring, after-school, and dropout prevention 
     activities for military dependent children with a parent who 
     is or has been impacted by war-related action described in 
     subclause (I), (II), or (III) of subsection (c)(1)(A)(ii);
       (2) professional development of teachers, principals, and 
     counselors on the needs of military dependent children with a 
     parent who is or has been impacted by war-related action 
     described in subclause (I), (II), or (III) of subsection 
     (c)(1)(A)(ii);
       (3) counseling and other comprehensive support services for 
     military dependent children with a parent who is or has been 
     impacted by war-related action described in subclause (I), 
     (II), or (III) of subsection (c)(1)(A)(ii), including the 
     hiring of a military-school liaison; and
       (4) other basic educational activities associated with an 
     increase in military dependent children.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Defense $200,000,000 to carry out this 
     section for fiscal year 2008 and such sums as may be 
     necessary for each of the 3 succeeding fiscal years.
       (2) Special rule.--Funds appropriated under paragraph (1) 
     are in addition to any funds made available to local 
     educational agencies under section 561 or 562 of this Act or 
     section 8003 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7703).
                                 ______
                                 
  SA 2083. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

           TITLE XVI--MILITARY COMMISSION AND RELATED MATTERS

     SEC. 1601. SHORT TITLE.

       (a) Short Title.--This title may be cited as the 
     ``Restoring the Constitution Act of 2007''.
       (b) Ineffectiveness of Certain Provisions.--The amendments 
     made by section 1023 of this Act shall not go into effect.

     SEC. 1602. DEFINITION OF UNLAWFUL ENEMY COMBATANT.

       Paragraph (1) of section 948a of title 10, United States 
     Code, is amended to read as follows:
       ``(1) Unlawful enemy combatant.--The term `unlawful enemy 
     combatant' means an individual who is not a lawful enemy 
     combatant and--
       ``(A) who directly participates in hostilities in a zone of 
     active combat against the United States; or
       ``(B) who--
       ``(i) planned, authorized, committed, or intentionally 
     aided the terrorist acts on the United States of September 
     11, 2001; or
       ``(ii) intentionally harbored any individual described in 
     clause (i).

     The term is used solely to designate individuals triable by 
     military commission under this chapter.''.

     SEC. 1603. CONSTRUCTION WITH GENEVA CONVENTIONS.

       Subsection (g) of section 948b of title 10, United States 
     Code, is amended to read as follows:
       ``(g) Construction With Geneva Conventions.--To the extent 
     that any provision of this chapter is determined to be 
     inconsistent with the obligations of the United States under 
     the Geneva Conventions, the Geneva Conventions shall prevail, 
     and such provision shall be deemed to have no further force 
     or effect.''.

     SEC. 1604. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS 
                   BY COMBATANT STATUS REVIEW TRIBUNAL NOT 
                   DISPOSITIVE FOR PURPOSES OF JURISDICTION OF 
                   MILITARY COMMISSIONS.

       Section 948d of title 10, United States Code, is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).

     SEC. 1605. TRIAL COUNSEL AND DEFENSE COUNSEL.

       (a) Repeal of Authority for Civilian Trial Counsel.--
     Subsection (b) of section 948k of title 10, United States 
     Code, is amended to read as follows:
       ``(b) Military Trial Counsel.--Subject to subsection (e), 
     trial counsel detailed for a military commission under this 
     chapter must be a judge advocate (as that term is defined in 
     section 801 of this title (article 1 of the Uniform Code of 
     Military Justice)) who is--
       ``(1) a graduate of an accredited law school or is a member 
     of the bar of a Federal court or of the highest court of a 
     State; and
       ``(2) certified as competent to perform duties as trial 
     counsel before general courts-martial by the Judge Advocate 
     General of the armed force of which he is a member.''.
       (b) Authority for Civilian Defense Counsel.--Subsection (c) 
     of such section is amended to read as follows:
       ``(c) Defense Counsel.--Subject to subsection (e), trial 
     counsel detailed for a military commission under this chapter 
     must be--
       ``(1) a judge advocate (as so defined) who is--
       ``(A) a graduate of an accredited law school or is a member 
     of the bar of a Federal court or of the highest court of a 
     State; and
       ``(B) certified as competent to perform duties as trial 
     counsel before general courts-martial by the Judge Advocate 
     General of the armed force of which he is a member; or
       ``(2) a civilian who is--
       ``(A) a member of the bar of a Federal court or of the 
     highest court of a State; and
       ``(B) otherwise qualified to practice before the military 
     commission pursuant to regulations prescribed by the 
     Secretary of Defense.''.
       (c) Conforming Amendment.--Subsection (d)(1) of such 
     section is amended by striking ``subsection (b)(1)'' and 
     inserting ``subsection (b)''.

     SEC. 1606. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF 
                   STATEMENTS OBTAINED BY COERCION.

       Section 948r of title 10, United States Code, is amended by 
     striking subsections (c) and (d) and inserting the following 
     new subsection (c):
       ``(c) Exclusion of Statements Obtained by Coercion.--A 
     statement obtained by use of coercion shall not be admissible 
     in a military commission under this chapter, except against a 
     person accused of coercion as evidence that the statement was 
     made.''.

     SEC. 1607. MODIFICATION OF AUTHORITIES ON RULES FOR MILITARY 
                   COMMISSIONS.

       (a) Rules Generally.--Subsection (a) of section 949a of 
     title 10, United States Code, is amended to read as follows:
       ``(a) Procedures and Rules of Evidence.--(1) Pretrial, 
     trial, and post-trial procedures, including elements and 
     modes of proof, for cases triable by military commission 
     under this chapter may be prescribed by the Secretary of 
     Defense. Such procedures may not be contrary to or 
     inconsistent with this chapter. Except as otherwise provided 
     in this chapter or chapter 47 of this title, the procedures 
     and rules of evidence applicable in trials by general courts-
     martial shall apply in trials by military commission under 
     this chapter.
       ``(2) The Secretary of Defense may, in consultation with 
     the Attorney General, make such exceptions in the 
     applicability in trials by military commission under this 
     chapter from the procedures and rules of evidence otherwise 
     applicable in general courts-martial as may be required by 
     the unique circumstances of the conduct of military or 
     intelligence operations during hostilities. Such exceptions 
     may not be contrary to or inconsistent with this chapter.''.
       (b) Exclusion of Evidence Seized Inside the United States 
     Without Warrant.--

[[Page 18447]]

     Subsection (b)(2)(B) of such section is amended by inserting 
     ``seized outside the United States'' after ``Evidence''.
       (c) Discretion of Military Judge To Exclude Hearsay 
     Evidence Determined To Be Unreliable or Lacking in Probative 
     Value.--Subsection (b)(2)(E)(ii) of such section is amended 
     by striking ``if the party opposing the admission of the 
     evidence demonstrates that the evidence is unreliable or 
     lacking in probative value'' and inserting ``if the military 
     judge determines, upon motion by counsel, that the evidence 
     is unreliable or lacking in probative value''.

     SEC. 1608. SELF-REPRESENTATION OF ACCUSED BEFORE MILITARY 
                   COMMISSIONS.

       Section 949c of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Self-Representation by Accused.--(1) Notwithstanding 
     any provision of subsection (b), the accused may represent 
     himself in his defense before a military commission under 
     this chapter.
       ``(2) The accused's representation of himself in his 
     defense shall be governed by such rules as the Secretary of 
     Defense shall prescribe. Such rules, and any rights, 
     privileges, or limitations under such rules, shall be 
     consistent with rules applicable to self-representation by an 
     accused in a criminal trial under the laws of the United 
     States and international law.
       ``(3) If the accused represents himself under this 
     subsection, the accused--
       ``(A) shall be assisted in his defense by military defense 
     counsel detailed in accordance with subsection (b)(2); or
       ``(B) may be assisted in his defense by civilian defense 
     counsel meeting the requirements of subsection (b)(3), 
     together with military defense counsel so detailed.
       ``(4) Any civilian counsel assisting in the defense of an 
     accused under this subsection shall comply with the 
     provisions of subsection (b)(4).
       ``(5) Subsection (b)(7) shall not apply with respect to any 
     defense counsel assisting in the defense of an accused under 
     this subsection, except to the extent the accused is unable 
     to carry out his defense.''.

     SEC. 1609. ENHANCEMENT OF AUTHORITIES ON DISCOVERY OF 
                   WITNESSES AND OTHER EVIDENCE.

       (a) Discovery of Sources, Methods, and Activities Relating 
     to Certain Government Actions.--Subsection (c) of section 
     949j of title 10, United States Code, is amended--
       (1) in paragraph (2), by striking ``The military judge'' 
     and inserting ``Except as provided in paragraph (3), the 
     military judge''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Notwithstanding any other provision of this chapter, 
     the military judge may, upon motion of defense counsel and at 
     the discretion of the military judge, order trial counsel to 
     disclose to defense counsel the sources, methods, or 
     activities (including classified sources, methods, or 
     activities) by which the United States obtained any out of 
     court statement the United States intends to introduce at 
     trial if the military judge determines, after ex parte 
     review, in camera review, or both, that evidence of such 
     sources, methods, or activities, as the case may be, might 
     reasonably tend to affect the weight given to the out of 
     court statement by the members of the military commission. 
     The military judge shall revoke such an order in the event 
     the United States elects not introduce the out of court 
     statement concerned at trial.''.
       (b) Discretion of Military Judge To Take Certain Actions if 
     Substitute for Classified Exculpatory Evidence Is 
     Insufficient To Protect Right of Defendant to Fair Trial.--
     Subsection (d)(1) of such section is amended by adding at the 
     end the following: ``If the military judge determines that 
     the substitute is not sufficient to protect the right of the 
     defendant to a fair trial, the military judge may--
       ``(A) dismiss the charges in their entirety;
       ``(B) dismiss the charges or specifications or both to 
     which the information relates; or
       ``(C) take such other actions as may be required in the 
     interest of justice.''.

     SEC. 1610. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED 
                   STATES COURT OF APPEALS FOR THE ARMED FORCES 
                   RATHER THAN COURT OF MILITARY COMMISSION 
                   REVIEW.

       (a) Review.--
       (1) In general.--Section 950f of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 950f. Review by Court of Appeals for the Armed Forces

       ``The United States Court of Appeals for the Armed Forces, 
     in accordance with procedures prescribed under regulations of 
     the Secretary, shall review the record in each case that is 
     referred to the Court by the convening authority under 
     section 950c of this title with respect to any matter of law 
     raised by the accused.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter VI of chapter 47A of such title is 
     amended by striking the item relating to section 950f and 
     inserting the following new item:

``950f. Review by Court of Appeals for the Armed Forces.''.

       (b) Conforming Amendments.--
       (1) In general.--Chapter 47A of title 10, United States 
     Code, is further amended as follows:
       (A) In section 950c(a), by striking ``the Court of Military 
     Commission Review'' and inserting ``the United States Court 
     of Appeals for the Armed Forces''.
       (B) In section 950d, by striking ``the Court of Military 
     Commission Review'' each place it appears and inserting ``the 
     United States Court of Appeals for the Armed Forces''.
       (C) In section 950g(a)(2), by striking ``the Court of 
     Military Commission Review'' each place it appears and 
     inserting ``the United States Court of Appeals for the Armed 
     Forces''.
       (D) In section 950h, by striking ``the Court of Military 
     Commission Review'' each place it appears and inserting ``the 
     United States Court of Appeals for the Armed Forces''.
       (2) Uniform code of military justice.--Section 867a(a) of 
     title 10, United States Code (article 67a(a) of the Uniform 
     Code of Military Justice), is amended by striking 
     ``Decisions'' and inserting ``Except as provided in sections 
     950d and 950g of this title, decisions''.

     SEC. 1611. SCOPE OF REVIEW OF DETENTION-RELATED DECISIONS.

       (a) Scope of Review of United States Court of Appeals for 
     the District of Columbia Circuit.--Section 950g of title 10, 
     United States Code, is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (b) Scope of Authority for Review of Military Commission 
     Procedures and Actions.--Subsection (b) of section 950j of 
     such title is amended to read as follows:
       ``(b) Limited Review of Military Commission Procedures and 
     Actions.--Except as otherwise provided in this chapter, 
     section 2241 of title 28, and any other habeas corpus 
     provision, no court, justice, or judge shall have 
     jurisdiction to hear or consider any claim or cause of action 
     whatsoever, including any action pending on or filed after 
     October 17, 2006, relating to the prosecution, trial, or 
     judgment of a military commission under this chapter, 
     including challenges to the lawfulness of procedures of 
     military commissions under this chapter.''.
       (c) Termination of Superseded Authority for Review of 
     CSRTS.--Section 1005(e) of the Detainee Treatment Act of 2005 
     (10 U.S.C. 801 note) is amended by striking paragraphs (2) 
     through (4).

     SEC. 1612. REPEAL OF PROHIBITION ON TREATY OBLIGATIONS AS 
                   ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.

       Section 5 of the Military Commissions Act of 2006 (Public 
     Law 109-366; 120 Stat. 2631; 28 U.S.C. 2241 note) is 
     repealed.

     SEC. 1613. IMPLEMENTATION OF TREATY OBLIGATIONS.

       (a) In General.--Section 6(a) of the Military Commissions 
     Act of 2006 (Public Law 109-366; 120 Stat. 2632; 18 U.S.C. 
     2441 note) is amended--
       (1) in paragraph (2)--
       (A) in the first sentence, by inserting after 
     ``international character'' the following: ``and preserve the 
     capacity of the United States to prosecute nationals of enemy 
     powers for engaging in acts against members of the United 
     States Armed Forces and United States citizens that have been 
     prosecuted by the United States as war crimes in the past''; 
     and
       (B) by striking the second sentence; and
       (2) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking ``the President has the authority for the 
     United States to interpret the meaning and application of the 
     Geneva Conventions and to promulgate'' and inserting ``the 
     President has the authority, subject to congressional 
     oversight and judicial review, to promulgate''; and
       (ii) by striking ``higher standards and'';
       (B) in subparagraph (B), by striking ``interpretations'' 
     and inserting ``rules''; and
       (C) by amending subparagraph (D) to read as follows:
       ``(D) The President shall notify other parties to the 
     Geneva Conventions that the United States expects members of 
     the United States Armed Forces and other United States 
     citizens detained in a conflict not of an international 
     character to be treated in a manner consistent with the 
     standards described in subparagraph (A) and embodied in 
     section 2441 of title 18, United States Code, as amended by 
     subsection (b).''.
       (b) Modification of War Crimes Offenses.--
       (1) Inclusion of denial of trial rights among offenses.--
     Paragraph (1) of section 2441(d) of title 18, United States 
     Code, is amended by adding at the end the following new 
     subparagraph:
       ``(J) Denial of trial rights.--The act of a person who 
     intentionally denies one or more persons the right to be 
     tried before a regularly constituted court affording all the 
     judicial guarantees which are recognized as indispensable by 
     civilized peoples as prescribed by common Article 3.''.
       (2) Inclusion of imposition of cruel, inhuman, or degrading 
     treatment or punishment among offenses.--Such section is 
     further amended--
       (A) in paragraph (1), by adding at the end the following 
     new subparagraph:
       ``(K) Cruel, inhuman, or degrading treatment or 
     punishment.--The act of a person

[[Page 18448]]

     who subjects, or conspires or attempts to subject, an 
     individual in the custody or under the physical control of 
     the United States Government, regardless of nationality or 
     physical location, to cruel, inhuman, or degrading treatment 
     or punishment.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (D), by striking ``and'' at the end;
       (ii) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following new subparagraph:
       ``(F) the term `cruel, inhuman, or degrading treatment or 
     punishment' shall be applied for purposes of paragraph (1)(K) 
     in accordance with the meaning given that term in section 
     6(c)(2) of the Military Commissions Act of 2006 (42 U.S.C. 
     2000dd-0).''.
       (3) Inclusion of certain other violations of common article 
     3 among offenses.--Paragraph (1) of such section is further 
     amended by adding at the end the following new subparagraph:
       ``(L) Certain other violations of common article 3.--The 
     act of a person not subject to chapter 47 of title 10 (the 
     Uniform Code of Military Justice) who commits, or conspires 
     or attempts to commit, an act not otherwise enumerated under 
     this paragraph that constitutes a violation of common Article 
     3 and is an act which, if committed by a person subject to 
     chapter 47 of title 10, would be punishable under that 
     chapter by the penalty of death or confinement for one year 
     or more.''.
       (4) Additional definitional matters.--Paragraph (2) of such 
     section is further amended--
       (A) in subparagraph (D)--
       (i) by striking clause (ii) and inserting the following new 
     clause (ii):
       ``(ii) serious physical pain;''; and
       (ii) in clause (iii), by striking ``(other than cuts, 
     abrasions, or bruises)''; and
       (B) in subparagraph (E)(ii), by striking ``and non-
     transitory''.

     SEC. 1614. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS 
                   DETAINED BY THE UNITED STATES.

       (a) Restoration.--Subsection (e) of section 2241 of title 
     28, United States Code, is repealed.
       (b) Conforming Amendment.--Subsection (b) of section 7 of 
     the Military Commissions Act of 2006 (Public Law 109-366; 120 
     Stat. 2636; 28 U.S.C. 2441 note) is repealed.

     SEC. 1615. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS 
                   ACT OF 2006.

       Notwithstanding any other provision of law, the following 
     rules shall apply to any civil action, including an action 
     for declaratory judgment, that challenges any provision of 
     the Military Commissions Act of 2006 (Public Law 109-366), or 
     any amendment made by that Act, on the ground that such 
     provision or amendment violates the Constitution or the laws 
     of the United States:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard in that 
     Court by a court of three judges convened pursuant to section 
     2284 of title 28, United States Code.
       (2) An interlocutory or final judgment, decree, or order of 
     the United States District Court for the District of Columbia 
     in an action under paragraph (1) shall be reviewable as a 
     matter of right by direct appeal to the Supreme Court of the 
     United States. Any such appeal shall be taken by a notice of 
     appeal filed within 10 days after the date on which such 
     judgment, decree, or order is entered. The jurisdictional 
     statement with respect to any such appeal shall be filed 
     within 30 days after the date on which such judgment, decree, 
     or order is entered.
       (3) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of any action or 
     appeal, respectively, brought under this section.

     SEC. 1616. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this title shall take effect on October 
     17, 2006, the date of the enactment of the Military 
     Commissions Act of 2006 (Public Law 109-366), immediately 
     after the enactment of that Act and shall apply to all cases, 
     without exception, that are pending on or after such date.
       (b) Revisions to War Crimes Offenses.--The amendments made 
     by section 1613(b) shall take effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2084. Mr. OBAMA (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 876. TRANSPARENCY AND ACCOUNTABILITY IN MILITARY AND 
                   SECURITY CONTRACTING.

       (a) Reports on Iraq and Afghanistan Contracts.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of the Interior, the Administrator of the United States 
     Agency for International Development, and the Director of 
     National Intelligence shall each submit to Congress a report 
     that contains the information, current as of the date of the 
     enactment of this Act, as follows:
       (1) The number of persons performing work in Iraq and 
     Afghanistan under contracts (and subcontracts at any tier) 
     entered into by departments and agencies of the United States 
     Government, including the Department of Defense, the 
     Department of State, the Department of the Interior, and the 
     United States Agency for International Development, 
     respectively.
       (2) The companies awarded such contracts and subcontracts.
       (3) The total cost of such contracts.
       (4) The total number of persons who have been killed or 
     wounded in performing work under such contracts.
       (b) Department of Defense Report on Strategy for and 
     Appropriateness of Activities of Contractors Under Department 
     of Defense Contracts in Iraq, Afghanistan, and the Global War 
     on Terror.--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 strategy of the 
     Department of Defense for the use of, and a description of 
     the activities being carried out by, contractors and 
     subcontractors working in Iraq and Afghanistan in support of 
     Department missions in Iraq, Afghanistan, and the Global War 
     on Terror, including its strategy for ensuring that such 
     contracts do not--
       (1) have private companies and their employees performing 
     inherently governmental functions;
       (2) place contractors in supervisory roles over United 
     States Government personnel; or
       (3) threaten the safety of contractor personnel or United 
     States Government personnel.
       (c) Legal Status of Contract Personnel.--
       (1) Inclusion of contractors under military 
     extraterritorial jurisdiction act.--Paragraph (1)(A) of 
     section 3267 of title 18, United States Code, is amended--
       (A) in subparagraph (ii)(II), by inserting before the 
     semicolon the following: ``or is carried out in a region 
     outside the United States in which the Armed Forces are 
     conducting a contingency operation''; and
       (B) in subparagraph (iii)(II), by inserting before the 
     semicolon the following: ``or is carried out in a region 
     outside the United States in which the Armed Forces are 
     conducting a contingency operation''.
       (2) Contingency operation defined.--Such section is further 
     amended by adding at the end the following:
       ``(5) The term `contingency operation' has the meaning 
     given that term in section 101(a)(13) of title 10.''.
       (d) Department of Justice Inspector General Report.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Inspector General of the 
     Department of Justice shall, in consultation with the 
     Inspector General of the Department of State, the Inspector 
     General of the United States Agency for International 
     Development, and the Special Inspector General for Iraq 
     Reconstruction, submit to Congress a report.
       (2) Content of report.--The report shall include--
       (A) a description of the status of Department of Justice 
     investigations of abuses alleged to have been committed by 
     contract personnel performing private security functions, 
     other contract personnel, or contractors under covered 
     contracts, which shall include--
       (i) the number of complaints received by the Department of 
     Justice;
       (ii) the number of investigations into complaints opened by 
     the Department of Justice;
       (iii) the number of criminal cases opened by the Department 
     of Justice; and
       (iv) the number and result of criminal cases closed by the 
     Department of Justice; and
       (B) findings and recommendations about the capacity and 
     effectiveness of the Department of Justice in prosecuting 
     misconduct by such contract personnel.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
                                 ______
                                 
  SA 2085. Mr. OBAMA (for himself and Mrs. Murray) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

[[Page 18449]]



     SEC. 703. POSTDEPLOYMENT MEDICAL AND MENTAL HEALTH SCREENINGS 
                   FOR MEMBERS OF THE ARMED FORCES.

       Section 1074f(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``The system'';
       (2) by striking the second sentence; and
       (3) by adding at the end the following new paragraph:
       ``(2) The postdeployment examination shall be conducted not 
     later than 90 days after the date of the return of a member 
     to the United States from a deployment as described in 
     subsection (a). The examination shall include a comprehensive 
     medical and mental health assessment conducted on an 
     individualized basis by personnel qualified to conduct such 
     examinations.''.
                                 ______
                                 
  SA 2086. Mr. OBAMA (for himself, Mr. Bond, Mrs. Boxer, Mrs. 
McCaskill, and Mrs. Murray) submitted an amendment intended to be 
proposed by him to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 593. DISCHARGE OF MEMBERS OF THE ARMED FORCES FOR 
                   PERSONALITY DISORDER.

       (a) Temporary Moratorium on Discharges.--Effective as of 
     the date of the enactment of this Act, the Secretary of a 
     military department may not, except as provided in subsection 
     (b), discharge from the Armed Forces for personality disorder 
     any member of the Armed Forces (including a member of the 
     National Guard or Reserve) who has served on active duty in a 
     combat zone until the later of the dates as follows:
       (1) The date of the completion by the Secretary of Defense 
     of a review of the policies and procedures of the Department 
     of Defense for diagnosing a personality disorder in members 
     of the Armed Forces.
       (2) The date of the issuance by the Secretary of Defense of 
     policies and procedures to ensure the appropriate use of 
     discharge of members of the Armed Forces for personality 
     disorder, which discharges shall be based on standard 
     clinical diagnostic practices, including the practices 
     outlined in the most recent edition of the Diagnostic 
     Statistical Manual for Mental Disorders.
       (3) The date of the establishment by the Secretary of 
     Defense of an independent review board for discharges of 
     members of the Armed Forces for personality discharge, 
     including for members so discharged on or after September 12, 
     2001, and before the date of the enactment of this Act.
       (4) The date of the submittal by the Secretary of Defense 
     of a report to Congress on the progress in implementing the 
     requirements of paragraphs (1) through (3).
       (5) The date that is 45 days after the date of the 
     submittal of the report referred to in paragraph (4), which 
     period shall permit Congress to consider the report.
       (b) Exception.--The limitation in subsection (a) shall not 
     apply with respect to any member of the Armed Forces who 
     provided false or misleading information, or omitted 
     providing information about past criminal behavior, that is 
     material to a discharge for personality disorder during 
     recruitment for or enlistment in the Armed Forces.
                                 ______
                                 
  SA 2087. Mr. LEVIN (for himself, Mr. Reed, Mr. Smith, Mr. Hagel, Mr. 
Kerry, Ms. Snowe, Mr. Biden, Mr. Obama, Mrs. Clinton, and Mr. Durbin) 
proposed an amendment to amendment SA 2011 proposed by Mr. Nelson of 
Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

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

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

       (a) Deadline for Commencement of Reduction.--The Secretary 
     of Defense shall commence the reduction of the number of 
     United States forces in Iraq not later than 120 days after 
     the date of the enactment of this Act.
       (b) Implementation of Reduction as Part of Comprehensive 
     Strategy.--The reduction of forces required by this section 
     shall be implemented as part of a comprehensive diplomatic, 
     political, and economic strategy that includes sustained 
     engagement with Iraq's neighbors and the international 
     community for the purpose of working collectively to bring 
     stability to Iraq. As part of this effort, the President 
     shall direct the United States Permanent Representative to 
     the United Nations to use the voice, vote, and influence of 
     the United States at the United Nations to seek the 
     appointment of an international mediator in Iraq, under the 
     auspices of the United Nations Security Council, who has the 
     authority of the international community to engage political, 
     religious, ethnic, and tribal leaders in Iraq in an inclusive 
     political process.
       (c) Limited Presence After Reduction and Transition.--After 
     the conclusion of the reduction and transition of United 
     States forces to a limited presence as required by this 
     section, the Secretary of Defense may deploy or maintain 
     members of the Armed Forces in Iraq only for the following 
     missions:
       (1) Protecting United States and Coalition personnel and 
     infrastructure.
       (2) Training, equipping, and providing logistic support to 
     the Iraqi Security Forces.
       (3) Engaging in targeted counterterrorism operations 
     against al Qaeda, al Qaeda affiliated groups, and other 
     international terrorist organizations.
       (d) Completion of Transition.--The Secretary of Defense 
     shall complete the transition of United States forces to a 
     limited presence and missions as described in subsection (c) 
     by April 30, 2008.
                                 ______
                                 
  SA 2088. Mr. REED proposed an amendment to amendment SA 2087 proposed 
by Mr. Levin (for himself, Mr. Reed, Mr. Smith, Mr. Hagel, Mr. Kerry, 
Ms. Snowe, Mr. Biden, Mr. Obama, Mrs. Clinton, and Mr. Durbin) to the 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military actvities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes, as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after the date of 
     this bill's enactment.
                                 ______
                                 
  SA 2089. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 2019 submitted by Mr. Levin (for himself and Mr. 
McCain) and intended to be proposed to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 50, strike lines 11 and 12 and insert the 
     following:
       ``(13) To develop a program on comprehensive pain 
     management, including management of acute and chronic pain, 
     to utilize current and develop new treatments for pain, and 
     to identify and disseminate best practices on pain 
     management.
       ``(14) Such other responsibilities as the Secretary shall 
     specify.''.
                                 ______
                                 
  SA 2090. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 2019 submitted by Mr. Levin (for himself and Mr. 
McCain) and intended to be proposed to the H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 46, strike lines 17 and 18 and insert the 
     following:
       ``(14) To develop a program on comprehensive pain 
     management, including management of acute and chronic pain, 
     to utilize current and develop new treatments for pain, and 
     to identify and disseminate best practices on pain 
     management.
       ``(15) Such other responsibilities as the Secretary shall 
     specify.''.
                                 ______
                                 
  SA 2091. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 358. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE 
                   SUPPORT FOR CERTAIN SPORTING EVENTS.

       (a) Provision of Support.--Section 2564 of title 10, United 
     States Code, is amended--

[[Page 18450]]

       (1) in subsection (c), by adding at the end the following 
     new paragraphs:
       ``(4) A sporting event sanctioned by the United States 
     Olympic Committee through the Paralympic Military Program.
       ``(5) Any national or international paralympic sporting 
     event (other than a sporting event described in paragraph (1) 
     through (4))--
       ``(A) that--
       ``(i) is held in the United States or any of its 
     territories or commonwealths;
       ``(ii) is governed by the International Paralympic 
     Committee; and
       ``(iii) is sanctioned by the United States Olympic 
     Committee; and
       ``(B) for which participation exceeds 100 amateur 
     athletes.''; and
       (2) by adding at the end the following new subsection:
       ``(g) Funding for Support of Certain Events.--(1) Amounts 
     for the provision of support for a sporting event described 
     in paragraph (4) or (5) of subsection (c) shall be derived 
     from the Support for International Sporting Competitions, 
     Defense account established by section 5802 of the Omnibus 
     Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note), 
     notwithstanding any limitation under that section relating to 
     the availability of funds in such account for the provision 
     of support for international sporting competitions.
       ``(2) The total amount expended for any fiscal year to 
     provide support for sporting events described in subsection 
     (c)(5) may not exceed $1,000,000.''.
       (b) Source of Funds.--Section 5802 of the Omnibus 
     Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note) 
     is amended--
       (1) by inserting after ``international sporting 
     competitions'' the following: ``and for support of sporting 
     competitions authorized under section 2564(c)(4) and (5), of 
     title 10, United States Code,''; and
       (2) by striking ``45 days'' and inserting ``15 days''.
                                 ______
                                 
  SA 2092. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VI, add the following

     SEC. 604. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED 
                   FORCES OF ONE-HALF OF ONE PERCENTAGE POINT 
                   HIGHER THAN EMPLOYMENT COST INDEX.

       Section 1009(c)(2) of title 37, United States Code, is 
     amended by striking ``fiscal years 2004, 2005, and 2006'' and 
     inserting ``fiscal years 2009 through 2012''.

                                 ______
                                 
  SA 2093. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1532.
                                 ______
                                 
  SA 2094. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 510. EVALUATION OF POLICIES AND PRACTICES ON 
                   RECRUITMENT, RETENTION, AND PROMOTION OF 
                   OFFICERS WHO ARE MEMBERS OF MINORITIES.

       (a) Panel for Evaluation.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall establish a panel of distinguished individuals 
     in the private sector to carry out an evaluation of the 
     policies, procedures, and practices of the military 
     departments on the recruitment, retention, and promotion of 
     commissioned officers of the Armed Forces who are members or 
     minority groups to identify potential improvements to such 
     policies, procedures, and practices in order to improve and 
     enhance the recruitment, retention, and promotion of 
     commissioned officers of the Armed Forces who are members of 
     minority groups.
       (b) Report.--Not later than 180 days after the 
     establishment of the panel required by subsection (a), the 
     panel shall submit to the Secretary and Congress a report on 
     the evaluation carried out under that subsection, including--
       (1) a description of the evaluation; and
       (2) such recommendations for legislative or administrative 
     action as the panel considers appropriate in order to improve 
     and enhance the recruitment, retention, and promotion of 
     commissioned officers of the Armed Forces who are members of 
     minority groups.
                                 ______
                                 
  SA 2095. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 656. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF 
                   THE ARMED FORCES AND CERTAIN OTHER PERSONS.

       Section 1482(a)(8) of title 10, United States Code, is 
     amended by adding at the end the following new sentence: 
     ``When transportation of the remains includes transportation 
     by aircraft, the Secretary concerned shall provide, to the 
     maximum extent possible, for delivery of the remains by air 
     to the commercial, general aviation, or military airport 
     nearest to the place selected by the designee or, if such a 
     selection is not made, nearest to the cemetery selected by 
     the Secretary.''.
                                 ______
                                 
  SA 2096. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 501, between lines 2 and 3, insert the following:

     SEC. 2842. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO 
                   ENSURE TIMELY IMPLEMENTATION OF 2005 DEFENSE 
                   BASE CLOSURE AND REALIGNMENT COMMISSION 
                   RECOMMENDATIONS.

       The Secretary of Defense shall submit to Congress with the 
     budget materials for fiscal year 2009 a comprehensive 
     accounting of the funding required to ensure that the plan 
     for implementing the final recommendations of the 2005 
     Defense Base Closure and Realignment Commission remains on 
     schedule.
                                 ______
                                 
  SA 2097. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1044. REPORT ON COST OF REESTABLISHMENT OF THE READINESS 
                   OF THE ARMED FORCES TO STATUS BEFORE 
                   COMMENCEMENT OF HOSTILITIES IN IRAQ.

       (a) Report Required.--The Secretary of Defense shall submit 
     to the congressional defense committee a report setting forth 
     the current estimate of the cost of reestablishing the 
     readiness status of the Armed Forces to the readiness status 
     of the Armed Forces immediately before the commencement of 
     hostilities in Iraq in 2003, including any costs associated 
     with replacement or repair of equipment and other assets of 
     the Armed Forces.
       (b) Submittal Date.--The report required by subsection (a) 
     shall be submitted not later than the date of the submittal 
     to Congress of the budget of the President for fiscal year 
     2009 as submitted under section 1105(a) of title 31, United 
     States Code.
                                 ______
                                 
  SA 2098. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1044. REPORT ON COST OF TRANSITIONING TROOPS INTO 
                   MILITARY AND CIVILIAN LIFE IN THE UNITED STATES 
                   AFTER THE COMPLETION OF OPERATION IRAQI 
                   FREEDOM.

       (a) Report Required.--The Secretary of Defense shall submit 
     to the congressional defense committee a report setting forth 
     the

[[Page 18451]]

     current estimate of the costs of transitioning members of the 
     Armed Forces into military and civilian life in the United 
     States after the completion of Operation Iraqi Freedom, 
     including the costs of any logistics associated with the 
     return of such members and their equipment to the United 
     States and the costs of any transition assistance and other 
     support programs anticipated to be required to assist such 
     members in returning and adjusting to military or civilian 
     life, as applicable, in the United States.
       (b) Submittal Date.--The report required by subsection (a) 
     shall be submitted not later than the date of the submittal 
     to Congress of the budget of the President for fiscal year 
     2009 as submitted under section 1105(a) of title 31, United 
     States Code.
                                 ______
                                 
  SA 2099. Mr. VOINOVICH (for himself, Mr. Bayh, Mr. Bingaman, Mr. 
Brown, Mr. Domenici, Mr. Lieberman, Mr. Lott, and Mr. Reed) submitted 
an amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1070. EXTENSION OF DATE OF APPLICATION OF NATIONAL 
                   SECURITY PERSONNEL SYSTEM TO DEFENSE 
                   LABORATORIES.

       Section 9902(c)(1) of title 5, United States Code, is 
     amended by striking ``October 1, 2008'' each place such term 
     appears and inserting ``October 1, 2011'' in each such place.
                                 ______
                                 
  SA 2100. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XV, insert the following:

     SEC. 1535. SENSE OF THE SENATE ON THE CONSEQUENCES OF A 
                   FAILED STATE IN IRAQ.

       (a) Findings.--The Senate makes the following findings:
       (1) A failed state in Iraq would become a safe haven for 
     Islamic radicals, including al Qaeda and Hezbollah, who are 
     determined to attack the United States and United States 
     allies.
       (2) The Iraq Study Group report found that ``[a] chaotic 
     Iraq could provide a still stronger base of operations for 
     terrorists who seek to act regionally or even globally''.
       (3) The Iraq Study Group noted that ``Al Qaeda will portray 
     any failure by the United States in Iraq as a significant 
     victory that will be featured prominently as they recruit for 
     their cause in the region and around the world''.
       (4) A National Intelligence Estimate concluded that the 
     consequences of a premature withdrawal from Iraq would be 
     that--
       (A) Al Qaeda would attempt to use Anbar province to plan 
     further attacks outside of Iraq;
       (B) neighboring countries would consider actively 
     intervening in Iraq; and
       (C) sectarian violence would significantly increase in 
     Iraq, accompanied by massive civilian casualties and 
     displacement.
       (5) The Iraq Study Group found that ``a premature American 
     departure from Iraq would almost certainly produce greater 
     sectarian violence and further deterioration of 
     conditions.... The near-term results would be a significant 
     power vacuum, greater human suffering, regional 
     destabilization, and a threat to the global economy. Al Qaeda 
     would depict our withdrawal as a historic victory.''
       (6) A failed state in Iraq could lead to broader regional 
     conflict, possibly involving Syria, Iran, Saudi Arabia, and 
     Turkey.
       (7) The Iraq Study group noted that ``Turkey could send 
     troops into northern Iraq to prevent Kurdistan from declaring 
     independence''.
       (8) The Iraq Study Group noted that ``Iran could send 
     troops to restore stability in southern Iraq and perhaps gain 
     control of oil fields. The regional influence of Iran could 
     rise at a time when that country is on a path to producing 
     nuclear weapons.''
       (9) A failed state in Iraq would lead to massive 
     humanitarian suffering, including widespread ethnic cleansing 
     and countless refugees and internally displaced persons, many 
     of whom will be tortured and killed for having assisted 
     Coalition forces.
       (10) A recent editorial in the New York Times stated, 
     ``Americans must be clear that Iraq, and the region around 
     it, could be even bloodier and more chaotic after Americans 
     leave. There could be reprisals against those who worked with 
     American forces, further ethnic cleansing, even genocide. 
     Potentially destabilizing refugee flows could hit Jordan and 
     Syria. Iran and Turkey could be tempted to make power 
     grabs.''
       (11) The Iraq Study Group found that ``[i]f we leave and 
     Iraq descends into chaos, the long-range consequences could 
     eventually require the United States to return''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Senate should commit itself to a strategy that will 
     not leave a failed state in Iraq; and
       (2) the Senate should not pass legislation that will 
     undermine our military's ability to prevent a failed state in 
     Iraq.
                                 ______
                                 
  SA 2101. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 673. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN 
                   MEMBERS OF RESERVE COMPONENTS.

       (a) Accelerated Payment of Educational Assistance for 
     Members of the Selected Reserve.--
       (1) In general.--Chapter 1606 of title 10, United States 
     Code, is amended by inserting after section 16131 the 
     following new section:

     ``Sec. 16131A. Accelerated payment of educational assistance

       ``(a) The educational assistance allowance payable under 
     section 16131 of this title with respect to an eligible 
     person described in subsection (b) may, upon the election of 
     such eligible person, be paid on an accelerated basis in 
     accordance with this section.
       ``(b) An eligible person described in this subsection is a 
     person entitled to educational assistance under this chapter 
     who is--
       ``(1) enrolled in an approved program of education not 
     exceeding two years in duration and not leading to an 
     associate, bachelors, masters, or other degree, subject to 
     subsection (g); and
       ``(2) charged tuition and fees for the program of education 
     that, when divided by the number of months (and fractions 
     thereof) in the enrollment period, exceeds the amount equal 
     to 200 percent of the monthly rate of educational assistance 
     allowance otherwise payable with respect to the person under 
     section 16131 of this title.
       ``(c)(1) The amount of the accelerated payment of 
     educational assistance payable with respect to an eligible 
     person making an election under subsection (a) for a program 
     of education shall be the lesser of--
       ``(A) the amount equal to 60 percent of the established 
     charges for the program of education; or
       ``(B) the aggregate amount of educational assistance 
     allowance to which the person remains entitled under this 
     chapter at the time of the payment.
       ``(2)(A) In this subsection, except as provided in 
     subparagraph (B), the term `established charges', in the case 
     of a program of education, means the actual charges (as 
     determined pursuant to regulations prescribed by the 
     Secretary) for tuition and fees which similarly circumstanced 
     individuals who are not eligible for benefits under this 
     chapter and who are enrolled in the program of education 
     would be required to pay. Established charges shall be 
     determined on the following basis:
       ``(i) In the case of an individual enrolled in a program of 
     education offered on a term, quarter, or semester basis, the 
     tuition and fees charged the individual for the term, 
     quarter, or semester.
       ``(ii) In the case of an individual enrolled in a program 
     of education not offered on a term, quarter, or semester 
     basis, the tuition and fees charged the individual for the 
     entire program of education.
       ``(B) In this subsection, the term `established charges' 
     does not include any fees or payments attributable to the 
     purchase of a vehicle.
       ``(3) The educational institution providing the program of 
     education for which an accelerated payment of educational 
     assistance allowance is elected by an eligible person under 
     subsection (a) shall certify to the Secretary of Veterans 
     Affairs the amount of the established charges for the program 
     of education.
       ``(d) An accelerated payment of educational assistance 
     allowance made with respect to an eligible person under this 
     section for a program of education shall be made not later 
     than the last day of the month immediately following the 
     month in which the Secretary of Veterans Affairs receives a 
     certification from the educational institution regarding--
       ``(1) the person's enrollment in and pursuit of the program 
     of education; and
       ``(2) the amount of the established charges for the program 
     of education.
       ``(e)(1) Except as provided in paragraph (2), for each 
     accelerated payment of educational assistance allowance made 
     with respect to an eligible person under this section, the 
     person's entitlement to educational assistance

[[Page 18452]]

     under this chapter shall be charged the number of months (and 
     any fraction thereof) determined by dividing the amount of 
     the accelerated payment by the full-time monthly rate of 
     educational assistance allowance otherwise payable with 
     respect to the person under section 16131 of this title as of 
     the beginning date of the enrollment period for the program 
     of education for which the accelerated payment is made.
       ``(2) If the monthly rate of educational assistance 
     allowance otherwise payable with respect to an eligible 
     person under section 16131 of this title increases during the 
     enrollment period of a program of education for which an 
     accelerated payment of educational assistance allowance is 
     made under this section, the charge to the person's 
     entitlement to educational assistance under this chapter 
     shall be determined by prorating the entitlement chargeable, 
     in the manner provided for under paragraph (1), for the 
     periods covered by the initial rate and increased rate, 
     respectively, in accordance with regulations prescribed by 
     the Secretary of Veterans Affairs.
       ``(f) The Secretary of Veterans Affairs shall prescribe 
     regulations to carry out this section. The regulations shall 
     include requirements, conditions, and methods for the 
     request, issuance, delivery, certification of receipt and 
     use, and recovery of overpayment of an accelerated payment of 
     educational assistance allowance under this section. The 
     regulations may include such elements of the regulations 
     prescribed under section 3014A of title 38 as the Secretary 
     of Veterans Affairs considers appropriate for purposes of 
     this section.
       ``(g) The aggregate amount of educational assistance 
     payable under this section in any fiscal year for enrollments 
     covered by subsection (b)(1) may not exceed $4,000,000.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1606 of such title is amended by 
     inserting after the item relating to section 16131 the 
     following new item:

       ``16131A. Accelerated payment of educational assistance.''.

       (3) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2008, and shall only apply to 
     initial enrollments in approved programs of education after 
     such date.
       (b) Accelerated Payment of Educational Assistance for 
     Reserve Component Members Supporting Contingency Operations 
     and Other Operations.--
       (1) In general.--Chapter 1607 of title 10, United States 
     Code, is amended by inserting after section 16162 the 
     following new section:

     ``Sec. 16162A. Accelerated payment of educational assistance

       ``(a) The educational assistance allowance payable under 
     section 16162 of this title with respect to an eligible 
     member described in subsection (b) may, upon the election of 
     such eligible member, be paid on an accelerated basis in 
     accordance with this section.
       ``(b) An eligible member described in this subsection is a 
     member of a reserve component entitled to educational 
     assistance under this chapter who is--
       ``(1) enrolled in an approved program of education not 
     exceeding two years in duration and not leading to an 
     associate, bachelors, masters, or other degree, subject to 
     subsection (g); and
       ``(2) charged tuition and fees for the program of education 
     that, when divided by the number of months (and fractions 
     thereof) in the enrollment period, exceeds the amount equal 
     to 200 percent of the monthly rate of educational assistance 
     allowance otherwise payable with respect to the member under 
     section 16162 of this title.
       ``(c)(1) The amount of the accelerated payment of 
     educational assistance payable with respect to an eligible 
     member making an election under subsection (a) for a program 
     of education shall be the lesser of--
       ``(A) the amount equal to 60 percent of the established 
     charges for the program of education; or
       ``(B) the aggregate amount of educational assistance 
     allowance to which the member remains entitled under this 
     chapter at the time of the payment.
       ``(2)(A) In this subsection, except as provided in 
     subparagraph (B), the term `established charges', in the case 
     of a program of education, means the actual charges (as 
     determined pursuant to regulations prescribed by the 
     Secretary) for tuition and fees which similarly circumstanced 
     individuals who are not eligible for benefits under this 
     chapter and who are enrolled in the program of education 
     would be required to pay. Established charges shall be 
     determined on the following basis:
       ``(i) In the case of an individual enrolled in a program of 
     education offered on a term, quarter, or semester basis, the 
     tuition and fees charged the individual for the term, 
     quarter, or semester.
       ``(ii) In the case of an individual enrolled in a program 
     of education not offered on a term, quarter, or semester 
     basis, the tuition and fees charged the individual for the 
     entire program of education.
       ``(B) In this subsection, the term `established charges' 
     does not include any fees or payments attributable to the 
     purchase of a vehicle.
       ``(3) The educational institution providing the program of 
     education for which an accelerated payment of educational 
     assistance allowance is elected by an eligible member under 
     subsection (a) shall certify to the Secretary of Veterans 
     Affairs the amount of the established charges for the program 
     of education.
       ``(d) An accelerated payment of educational assistance 
     allowance made with respect to an eligible member under this 
     section for a program of education shall be made not later 
     than the last day of the month immediately following the 
     month in which the Secretary of Veterans Affairs receives a 
     certification from the educational institution regarding--
       ``(1) the member's enrollment in and pursuit of the program 
     of education; and
       ``(2) the amount of the established charges for the program 
     of education.
       ``(e)(1) Except as provided in paragraph (2), for each 
     accelerated payment of educational assistance allowance made 
     with respect to an eligible member under this section, the 
     member's entitlement to educational assistance under this 
     chapter shall be charged the number of months (and any 
     fraction thereof) determined by dividing the amount of the 
     accelerated payment by the full-time monthly rate of 
     educational assistance allowance otherwise payable with 
     respect to the member under section 16162 of this title as of 
     the beginning date of the enrollment period for the program 
     of education for which the accelerated payment is made.
       ``(2) If the monthly rate of educational assistance 
     allowance otherwise payable with respect to an eligible 
     member under section 16162 of this title increases during the 
     enrollment period of a program of education for which an 
     accelerated payment of educational assistance allowance is 
     made under this section, the charge to the member's 
     entitlement to educational assistance under this chapter 
     shall be determined by prorating the entitlement chargeable, 
     in the manner provided for under paragraph (1), for the 
     periods covered by the initial rate and increased rate, 
     respectively, in accordance with regulations prescribed by 
     the Secretary of Veterans Affairs.
       ``(f) The Secretary of Veterans Affairs shall prescribe 
     regulations to carry out this section. The regulations shall 
     include requirements, conditions, and methods for the 
     request, issuance, delivery, certification of receipt and 
     use, and recovery of overpayment of an accelerated payment of 
     educational assistance allowance under this section. The 
     regulations may include such elements of the regulations 
     prescribed under section 3014A of title 38 as the Secretary 
     of Veterans Affairs considers appropriate for purposes of 
     this section.
       ``(g) The aggregate amount of educational assistance 
     payable under this section in any fiscal year for enrollments 
     covered by subsection (b)(1) may not exceed $3,000,000.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1607 of such title is amended by 
     inserting after the item relating to section 16162 the 
     following new item:

       ``16162A. Accelerated payment of educational assistance.''.

       (3) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2008, and shall only apply to 
     initial enrollments in approved programs of education after 
     such date.
       (c) Enhancement of Educational Assistance for Reserve 
     Component Members Supporting Contingency Operations and Other 
     Operations.--
       (1) Assistance for three years cumulative service.--
     Subsection (c)(4)(C) of section 16162 of title 10, United 
     States Code, is amended by striking ``for two continuous 
     years or more.'' and inserting ``for--
       ``(i) two continuous years or more; or
       ``(ii) an aggregate of three years or more.''.
       (2) Contributions for increased amount of educational 
     assistance.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(f) Contributions for Increased Amount of Educational 
     Assistance.--(1)(A) Any individual eligible for educational 
     assistance under this section may contribute amounts for 
     purposes of receiving an increased amount of educational 
     assistance as provided for in paragraph (2).
       ``(B) An individual covered by subparagraph (A) may make 
     the contributions authorized by that subparagraph at any time 
     while a member of a reserve component, but not more 
     frequently than monthly.
       ``(C) The total amount of the contributions made by an 
     individual under subparagraph (A) may not exceed $600. Such 
     contributions shall be made in multiples of $20.
       ``(D) Contributions under this subsection shall be made to 
     the Secretary concerned. Such Secretary shall deposit any 
     amounts received as contributions under this subsection into 
     the Treasury as miscellaneous receipts.
       ``(2) Effective as of the first day of the enrollment 
     period following the enrollment period in which an individual 
     makes contributions under paragraph (1), the monthly amount 
     of educational assistance allowance applicable to such 
     individual under this section shall be the monthly rate 
     otherwise provided for under subsection (c) increased by--

[[Page 18453]]

       ``(A) an amount equal to $5 for each $20 contributed by 
     such individual under paragraph (1) for an approved program 
     of education pursued on a full-time basis; or
       ``(B) an appropriately reduced amount based on the amount 
     so contributed as determined under regulations that the 
     Secretary of Veterans Affairs shall prescribe, for an 
     approved program of education pursued on less than a full-
     time basis.''.
                                 ______
                                 
  SA 2102. Mr. PRYOR (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed to amendment SA 2019 submitted by Mr. 
Levin (for himself and Mr. McCain) and intended to be proposed to the 
bill H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 16, between lines 16 and 17, insert the following:
       (vii) A standard for the appointment of a physician or 
     other health care professional who is independent of the 
     medical evaluation board and who shall--

       (I) serve to inform the servicemember of the process and 
     procedures for the medical evaluation board; and
       (II) provide the servicemember with advice and counsel 
     regarding the medical condition of the servicemember and the 
     findings and recommendations of the medical evaluation board.

                                 ______
                                 
  SA 2103. Mr. CARDIN (for himself, Mr. Biden, and Mr. Feingold) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

     SEC. 1234. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 
                   PREVENTION OF MASS ATROCITIES.

       (a) Report Required.--Not later than 180 days after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Armed Services 
     and the Committee on Foreign Relations of the Senate and the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives a report assessing 
     the capability of the Secretary of Defense and the Secretary 
     of State to provide training and advice to the command of an 
     international intervention force that seeks to prevent mass 
     atrocities.
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) An evaluation of any doctrine currently used by the 
     Secretary of Defense or the Secretary of State to prepare for 
     training and advising the command of an international 
     intervention force.
       (2) An assessment of the current capability of the 
     Secretary of Defense and the Secretary of State to provide 
     training and advice to the command of an international 
     intervention force in keeping with the ``responsibility to 
     protect'' doctrine described in paragraphs 138 through 140 of 
     the outcome document of the High-level Plenary Meeting of the 
     General Assembly adopted by the United Nations in September 
     2005.
       (3) An assessment of the potential capability of the 
     Secretary of Defense and the Secretary of State to support 
     the development of new doctrine for training and advising an 
     international intervention force in keeping with the 
     ``responsibility to protect'' doctrine.
       (4) Recommendations as to the steps necessary to allow the 
     Secretary of Defense and the Secretary of State to provide 
     more effective training and advice to international 
     intervention forces.
       (c) International Intervention Force.--For the purposes of 
     this section, ``international intervention force'' means a 
     military force that--
       (1) is authorized by an international organization such as 
     the United Nations, the Economic Community of West African 
     States (ECOWAS), the North Atlantic Treaty Organization 
     (NATO), the European Union, or the African Union; and
       (2) has a mission that is narrowly focused on the 
     protection of civilian life and the prevention of mass 
     atrocities such as genocide.
                                 ______
                                 
  SA 2104. Mr. OBAMA (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 876. TRANSPARENCY AND ACCOUNTABILITY IN MILITARY AND 
                   SECURITY CONTRACTING.

       (a) Reports on Iraq and Afghanistan Contracts.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of the Interior, the Administrator of the United States 
     Agency for International Development, and the Director of 
     National Intelligence shall each submit to Congress a report 
     that contains the information, current as of the date of the 
     enactment of this Act, as follows:
       (1) The number of persons performing work in Iraq and 
     Afghanistan under contracts (and subcontracts at any tier) 
     entered into by departments and agencies of the United States 
     Government, including the Department of Defense, the 
     Department of State, the Department of the Interior, and the 
     United States Agency for International Development, 
     respectively.
       (2) The companies awarded such contracts and subcontracts.
       (3) The total cost of such contracts.
       (4) The total number of persons who have been killed or 
     wounded in performing work under such contracts.
       (b) Department of Defense Report on Strategy for and 
     Appropriateness of Activities of Contractors Under Department 
     of Defense Contracts in Iraq, Afghanistan, and the Global War 
     on Terror.--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 strategy of the 
     Department of Defense for the use of, and a description of 
     the activities being carried out by, contractors and 
     subcontractors working in Iraq and Afghanistan in support of 
     Department missions in Iraq, Afghanistan, and the Global War 
     on Terror, including its strategy for ensuring that such 
     contracts do not--
       (1) have private companies and their employees performing 
     inherently governmental functions;
       (2) place contractors in supervisory roles over United 
     States Government personnel; or
       (3) threaten the safety of contractor personnel or United 
     States Government personnel.
       (c) Legal Status of Contract Personnel.--
       (1) Inclusion of contractors under military 
     extraterritorial jurisdiction act.--Paragraph (1)(A) of 
     section 3267 of title 18, United States Code, is amended--
       (A) in subparagraph (ii)(II), by inserting before the 
     semicolon the following: ``or is carried out in a region 
     outside the United States in which the Armed Forces are 
     conducting a contingency operation''; and
       (B) in subparagraph (iii)(II), by inserting before the 
     semicolon the following: ``or is carried out in a region 
     outside the United States in which the Armed Forces are 
     conducting a contingency operation''.
       (2) Contingency operation defined.--Such section is further 
     amended by adding at the end the following:
       ``(5) The term `contingency operation' has the meaning 
     given that term in section 101(a)(13) of title 10.''.
       (d) Department of Justice Inspector General Report.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Inspector General of the 
     Department of Justice shall, in consultation with the 
     Inspector General of the Department of State, the Inspector 
     General of the United States Agency for International 
     Development, and the Special Inspector General for Iraq 
     Reconstruction, submit to Congress a report.
       (2) Content of report.--The report shall include--
       (A) a description of the status of Department of Justice 
     investigations of abuses alleged to have been committed under 
     all Federal agency contracts and subcontracts in support of 
     military and reconstruction efforts in Iraq and Afghanistan, 
     including--
       (i) the number of complaints received by the Department of 
     Justice;
       (ii) the number of investigations into complaints opened by 
     the Department of Justice;
       (iii) the number of criminal cases opened by the Department 
     of Justice; and
       (iv) the number and result of criminal cases closed by the 
     Department of Justice; and
       (B) findings and recommendations about the capacity and 
     effectiveness of the Department of Justice in prosecuting 
     misconduct by such contract personnel.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
                                 ______
                                 
  SA 2105. Mr. NELSON of Nebraska (for Mr. Johnson) submitted an 
amendment intended to be proposed by Mr. Nelson, of Nebraska to the 
bill H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities

[[Page 18454]]

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

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

     SECTION 565. HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.

       The Secretary of Education shall--
       (1) deem each local educational agency that received a 
     fiscal year 2007 basic support payment for heavily impacted 
     local educational agencies under section 8003(b)(2) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703(b)(2)) as eligible to receive a fiscal year 2008 basic 
     support payment for heavily impacted local educational 
     agencies under such section; and
       (2) make a payment to such local educational agency under 
     such section for fiscal year 2008.
                                 ______
                                 
  SA 2106. Mr. OBAMA (for himself and Mrs. McCaskill, and Mr. Harkin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Prohibition.--A family member of a recovering 
     servicemember described in subsection (b) shall not be denied 
     retention in employment, promotion, or any benefit of 
     employment by an employer on the basis of the family member's 
     absence from employment as described in that subsection, for 
     a period of not more than 52 workweeks.
       (b) Covered Family Members.--A family member described in 
     this subsection is a family member of a recovering 
     servicemember who is--
       (1) on invitational orders while caring for the recovering 
     servicemember;
       (2) a non-medical attendee caring for the recovering 
     servicemember; or
       (3) receiving per diem payments from the Department of 
     Defense while caring for the recovering servicemember.
       (c) Treatment of Actions.--An employer shall be considered 
     to have engaged in an action prohibited by subsection (a) 
     with respect to a person described in that subsection if the 
     absence from employment of the person as described in that 
     subsection is a motivating factor in the employer's action, 
     unless the employer can prove that the action would have been 
     taken in the absence of the absence of employment of the 
     person.
       (d) Definitions.--In this section:
       (1) The term ``benefit of employment'' has the meaning 
     given such term in section 4303 of title 38, United States 
     Code.
       (2) The term ``caring for'', used with respect to a 
     recovering servicemember, means providing personal, medical, 
     or convalescent care to the recovering servicemember, under 
     circumstances that substantially interfere with an employee's 
     ability to work.
       (3) The term ``employer'' has the meaning given such term 
     in section 4303 of title 38, United States Code, except that 
     the term does not include any person who is not considered to 
     be an employer under title I of the Family and Medical Leave 
     Act of 1993 (29 U.S.C. 2611 et seq.) because the person does 
     not meet the requirements of section 101(4)(A)(i) of such Act 
     (29 U.S.C. 2611(4)(A)(i)).
       (4) The term ``family member'', with respect to a 
     recovering servicemember, has the meaning given that term in 
     section 411h(b) of title 37, United States Code.
       (5) The term ``recovering servicemember'' means a member of 
     the Armed Forces, including a member of the National Guard or 
     a Reserve, who is undergoing medical treatment, recuperation, 
     or therapy, or is otherwise in medical hold or medical 
     holdover status, for an injury, illness, or disease incurred 
     or aggravated while on active duty in the Armed Forces.
                                 ______
                                 
  SA 2107. Mr. BROWN (for himself and Mr. Voinovich, and Ms. Stabenow) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 593, add the following:
       (g) Gary Lee McKiddy.--Subsection (a) applies with respect 
     to Garry Lee McKiddy for conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty between October 25, 1969, and May 6, 1970, the day he 
     died during a combat operation in Cambodia while serving as a 
     Specialist Four in the 1st Cavalry Division of the United 
     States Army during the Vietnam era.
                                 ______
                                 
  SA 2108. Mrs. CLINTON (for herself, Mr. Feingold, and Ms. Mikulski) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

     SEC. 1205. REPORT ON PLANNING AND IMPLEMENTATION OF UNITED 
                   STATES ENGAGEMENT AND POLICY TOWARD DARFUR.

       (a) Requirement for Reports.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of State shall submit to the 
     appropriate congressional committees a report on the policy 
     of the United States to address the crisis in Darfur, in 
     eastern Chad, and in north-eastern Central African Republic, 
     and on the contributions of the Department of Defense and the 
     Department of State to the North Atlantic Treaty Organization 
     (NATO), the United Nations, and the African Union in support 
     of the current African Union Mission in Sudan (AMIS) or any 
     covered United Nations mission.
       (b) Elements.--Each report under subsection (a) shall 
     include the following:
       (1) An assessment of the extent to which the Government of 
     Sudan is in compliance with its obligations under 
     international law and as a member of the United Nations, 
     including under United Nations Security Council Resolutions 
     1706 (2006) and 1591 (2005), and a description of any 
     violations of such obligations, including violations relating 
     to the denial of or delay in facilitating access by AMIS and 
     United Nations peacekeepers to conflict areas, failure to 
     implement responsibilities to demobilize and disarm the 
     Janjaweed militias, obstruction of the voluntary safe return 
     of internally displaced persons and refugees, and degradation 
     of security of and access to humanitarian supply routes.
       (2) A comprehensive explanation of the policy of the United 
     States to address the crisis in Darfur, including the 
     activities of the Department of Defense and the Department of 
     State.
       (3) A comprehensive assessment of the impact of a no-fly 
     zone for Darfur, including an assessment of the impact of 
     such a no-fly zone on humanitarian efforts in Darfur and the 
     region and a plan to minimize any negative impact on such 
     humanitarian efforts during the implementation of such a no-
     fly zone.
       (4) A description of contributions made by the Department 
     of Defense and the Department of State in support of NATO 
     assistance to AMIS and any covered United Nations mission.
       (5) An assessment of the extent to which additional 
     resources are necessary to meet the obligations of the United 
     States to AMIS and any covered United Nations mission.
       (c) Form and Availability of Reports.--
       (1) Form.--Each report submitted under this section shall 
     be in an unclassified form, but may include a classified 
     annex.
       (2) Availability.--The unclassified portion of any report 
     submitted under this section shall be made available to the 
     public.
       (d) Repeal of Superseded Report Requirement.--Section 1227 
     of the John Warner National Defense Authorization Act for 
     Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2426) is 
     repealed.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Covered united nations mission.--The term ``covered 
     United Nations mission'' means any United Nations-African 
     Union hybrid peacekeeping operation in Darfur, and any United 
     Nations peacekeeping operating in Darfur, eastern Chad, or 
     northern Central African Republic, that is deployed on or 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2109. Mrs. CLINTON (for herself and Mr. Whitehouse) submitted an 
amendment intended to be proposed by her to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction,

[[Page 18455]]

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

       At the end of title XXXI, add the following:

                Subtitle D--Nuclear Terrorism Prevention

     SEC. 3131. SHORT TITLE.

       This subtitle may be cited as the ``Nuclear Terrorism 
     Prevention Act of 2007''.

     SEC. 3132. DEFINITIONS.

       In this subtitle:
       (1) The term ``Convention on the Physical Protection of 
     Nuclear Material'' means the Convention on the Physical 
     Protection of Nuclear Material, signed at New York and Vienna 
     March 3, 1980.
       (2) The term ``formula quantities of strategic special 
     nuclear material'' means uranium-235 (contained in uranium 
     enriched to 20 percent or more in the U-235 isotope), 
     uranium-233, or plutonium in any combination in a total 
     quantity of 5,000 grams or more computed by the formula, 
     grams = (grams contained U-235) + 2.5 (grams U-233 + grams 
     plutonium), as set forth in the definitions of ``formula 
     quantity'' and ``strategic special nuclear material'' in 
     section 73.2 of title 10, Code of Federal Regulations.
       (3) The term ``Nuclear Non-Proliferation Treaty'' means the 
     Treaty on the Non-Proliferation of Nuclear Weapons, done at 
     Washington, London, and Moscow July 1, 1968, and entered into 
     force March 5, 1970 (21 UST 483).
       (4) The term ``nuclear weapon'' means any device utilizing 
     atomic energy, exclusive of the means for transporting or 
     propelling the device (where such means is a separable and 
     divisible part of the device), the principal purpose of which 
     is for use as, or for the development of, a weapon, a weapon 
     prototype, or a weapon test device.

     SEC. 3133. FINDINGS.

       Congress makes the following findings:
       (1) The possibility that terrorists may acquire and use a 
     nuclear weapon against the United States is the most horrific 
     threat that our Nation faces.
       (2) The September 2006 ``National Strategy for Combating 
     Terrorism'' issued by the White House states, ``Weapons of 
     mass destruction in the hands of terrorists is one of the 
     gravest threats we face.''
       (3) Former Senator and cofounder of the Nuclear Threat 
     Initiative Sam Nunn has stated, ``Stockpiles of loosely 
     guarded nuclear weapons material are scattered around the 
     world, offering inviting targets for theft or sale. We are 
     working on this, but I believe that the threat is outrunning 
     our response.''.
       (4) Existing programs intended to secure, monitor, and 
     reduce nuclear stockpiles, redirect nuclear scientists, and 
     interdict nuclear smuggling have made substantial progress, 
     but additional efforts are needed to reduce the threat of 
     nuclear terrorism as much as possible.
       (5) Former United Nations Secretary-General Kofi Annan has 
     said that a nuclear terror attack ``would not only cause 
     widespread death and destruction, but would stagger the world 
     economy and thrust tens of millions of people into dire 
     poverty''.
       (6) United Nations Security Council Resolution 1540 (2004) 
     reaffirms the need to combat by all means, in accordance with 
     the Charter of the United Nations, threats to international 
     peace and security caused by terrorist acts, and directs all 
     countries, in accordance with their national procedures, to 
     adopt and enforce effective laws that prohibit any non-state 
     actor from manufacturing, acquiring, possessing, developing, 
     transporting, transferring, or using nuclear, chemical, or 
     biological weapons and their means of delivery, in particular 
     for terrorist purposes, and to prohibit attempts to engage in 
     any of the foregoing activities, participate in them as an 
     accomplice, or assist or finance them.
       (7) The Director General of the International Atomic Energy 
     Agency, Dr. Mohammed ElBaradei, has said that it is a ``race 
     against time'' to prevent a terrorist attack using a nuclear 
     weapon.
       (8) The International Atomic Energy Agency plays a vital 
     role in coordinating efforts to protect nuclear materials and 
     to combat nuclear smuggling.
       (9) Legislation sponsored by Senator Richard Lugar, Senator 
     Pete Domenici, and former Senator Sam Nunn has resulted in 
     groundbreaking programs to secure nuclear weapons and 
     materials and to help ensure that such weapons and materials 
     do not fall into the hands of terrorists.

     SEC. 3134. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR 
                   TERRORISM.

       It is the sense of Congress that--
       (1) the President should make the prevention of a nuclear 
     terrorist attack on the United States of the highest 
     priority;
       (2) the President should accelerate programs, requesting 
     additional funding as appropriate, to prevent nuclear 
     terrorism, including combating nuclear smuggling, securing 
     and accounting for nuclear weapons, and eliminating, 
     removing, or securing and accounting for formula quantities 
     of strategic special nuclear material wherever such 
     quantities may be;
       (3) the United States, together with the international 
     community, should take a comprehensive approach to reducing 
     the danger of nuclear terrorism, including by making 
     additional efforts to identify and eliminate terrorist groups 
     that aim to acquire nuclear weapons, to ensure that nuclear 
     weapons worldwide are secure and accounted for and that 
     formula quantities of strategic special nuclear material 
     worldwide are eliminated, removed, or secure and accounted 
     for to a degree sufficient to defeat the threat that 
     terrorists and criminals have shown they can pose, and to 
     increase the ability to find and stop terrorist efforts to 
     manufacture nuclear explosives or to transport nuclear 
     explosives and materials anywhere in the world;
       (4) within such a comprehensive approach, a high priority 
     must be placed on ensuring that all nuclear weapons worldwide 
     are secure and accounted for and that all formula quantities 
     of strategic special nuclear material worldwide are 
     eliminated, removed, or secure and accounted for; and
       (5) the International Atomic Energy Agency should be funded 
     appropriately to fulfill its role in coordinating 
     international efforts to protect nuclear material and to 
     combat nuclear smuggling.

     SEC. 3135. SENIOR ADVISOR TO THE PRESIDENT FOR THE PREVENTION 
                   OF NUCLEAR TERRORISM.

       (a) Designation of Position.--The President shall designate 
     an individual to serve in the Executive Office of the 
     President as the Senior Advisor to the President for the 
     Prevention of Nuclear Terrorism.
       (b) Duties.--The Senior Advisor to the President, under the 
     direction of the Assistant to the President for National 
     Security Affairs, shall be responsible for--
       (1) advising the President on all matters relating to 
     preventing nuclear terrorism and responding to a nuclear 
     terrorism event;
       (2) directing and coordinating the formulation of United 
     States policies for preventing nuclear terrorism, including--
       (A) developing plans, including timelines, measurable 
     milestones, and targets to which the departments and agencies 
     of the United States Government can be held accountable, to 
     better prevent nuclear terrorism;
       (B) identifying and addressing gaps, duplication, and 
     inefficiencies in existing programs and taking other 
     appropriate actions to overcome obstacles to accelerated 
     progress to prevent nuclear terrorism;
       (C) overseeing and coordinating the development, by the 
     departments and agencies of the United States Government, of 
     accelerated and strengthened program implementation 
     strategies and diplomatic strategies with respect to the 
     prevention of nuclear terrorism;
       (D) overseeing and coordinating the development of budget 
     requests for programs to prevent nuclear terrorism and 
     ensuring that such requests adequately reflect the priority 
     of the threat of nuclear terrorism; and
       (E) identifying such new initiatives to prevent nuclear 
     terrorism as may be needed; and
       (3) coordinating United States efforts to implement such 
     policies.

     SEC. 3136. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND 
                   FORMULA QUANTITIES OF STRATEGIC SPECIAL NUCLEAR 
                   MATERIAL.

       (a) Policy.--It is the policy of the United States to work 
     with the international community to take all possible steps 
     to ensure that all nuclear weapons around the world are 
     secure and accounted for and that all formula quantities of 
     strategic special nuclear material are eliminated, removed, 
     or secure and accounted for to a level sufficient to defeat 
     the threats posed by terrorists and criminals.
       (b) International Nuclear Security Standard.--In 
     furtherance of the policy described in subsection (a), and 
     consistent with the requirement for ``appropriate effective'' 
     physical protection contained in United Nations Security 
     Council Resolution 1540 (2004), as well as the Nuclear Non-
     Proliferation Treaty and the Convention on the Physical 
     Protection of Nuclear Material, the President, in 
     consultation with the Senior Advisor to the President for the 
     Prevention of Nuclear Terrorism and relevant Federal 
     departments and agencies, shall seek the broadest possible 
     international agreement on a global standard for nuclear 
     security that--
       (1) ensures that nuclear weapons and formula quantities of 
     strategic special nuclear material are secure and accounted 
     for to a sufficient level to defeat the threats posed by 
     terrorists and criminals;
       (2) takes into account the limitations of equipment and 
     human performance; and
       (3) includes steps to provide confidence that the needed 
     measures have in fact been implemented.
       (c) International Efforts.--In furtherance of the policy 
     described in subsection (a), the President, in consultation 
     with the Senior Advisor to the President for the Prevention 
     of Nuclear Terrorism and relevant Federal departments and 
     agencies, shall--
       (1) work with other countries and the International Atomic 
     Energy Agency to assist as appropriate, and if necessary, 
     work to convince, the governments of any and all countries in 
     possession of nuclear weapons or formula quantities of 
     strategic special nuclear material to ensure that security is 
     upgraded to meet the standard described in

[[Page 18456]]

     subsection (b) as rapidly as possible and in a manner that--
       (A) accounts for the nature of the terrorist and criminal 
     threat in each such country; and
       (B) ensures that any measures to which the United States 
     and any such country agree are sustained after United States 
     and other international assistance ends;
       (2) ensure that United States financial and technical 
     assistance is available as appropriate to countries for which 
     the provision of such assistance would accelerate the 
     implementation of, or improve the effectiveness of, such 
     security upgrades; and
       (3) work with the governments of other countries to ensure 
     that effective nuclear security rules, accompanied by 
     effective regulation and enforcement, are put in place to 
     govern all nuclear weapons and formula quantities of 
     strategic special nuclear material around the world.

     SEC. 3137. ANNUAL REPORT.

       (a) In General.--Not later than September 1 of each year, 
     the President, in consultation with the Senior Advisor to the 
     President for the Prevention of Nuclear Terrorism and 
     relevant Federal departments and agencies, shall submit to 
     Congress a report on the security of nuclear weapons, formula 
     quantities of strategic special nuclear material, 
     radiological materials, and related equipment worldwide.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A section on the programs for the security and 
     accounting of nuclear weapons and the elimination, removal, 
     and security and accounting of formula quantities of 
     strategic special nuclear material and radiological 
     materials, established under section 3132(b) of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (50 U.S.C. 2569(b)), which shall include the following:
       (A) A survey of the facilities and sites worldwide that 
     contain nuclear weapons or related equipment, formula 
     quantities of strategic special nuclear material, or 
     radiological materials.
       (B) A list of such facilities and sites determined to be of 
     the highest priority for security and accounting of nuclear 
     weapons and related equipment, or the elimination, removal, 
     or security and accounting of formula quantities of strategic 
     special nuclear material and radiological materials, taking 
     into account risk of theft from such facilities and sites, 
     and organized by level of priority.
       (C) A prioritized diplomatic and technical plan, including 
     measurable milestones, metrics, estimated timetables, and 
     estimated costs of implementation, on the following:
       (i) The security and accounting of nuclear weapons and 
     related equipment and the elimination, removal, or security 
     and accounting of formula quantities of strategic special 
     nuclear material and radiological materials at such 
     facilities and sites worldwide.
       (ii) Ensuring that security upgrades and accounting reforms 
     implemented at such facilities and sites worldwide using the 
     financial and technical assistance of the United States are 
     effectively sustained after such assistance ends.
       (iii) The role that international agencies and the 
     international community have committed to play, together with 
     a plan for securing contributions.
       (D) An assessment of the progress made in implementing the 
     plan described in subparagraph (C), including a description 
     of the efforts of foreign governments to secure and account 
     for nuclear weapons and related equipment and to eliminate, 
     remove, or secure and account for formula quantities of 
     strategic special nuclear material and radiological 
     materials.
       (2) A section on efforts to establish and implement the 
     international nuclear security standard described in section 
     3136(b) and related policies.
       (c) Form.--The report may be submitted in classified form 
     but shall include a detailed unclassified summary.
                                 ______
                                 
  SA 2110. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XXVIII, add the following:

     SEC. 2864. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS 
                   TO ADDRESS ENCROACHMENT OF MILITARY 
                   INSTALLATIONS.

       (a) Findings.--In light of the initial report of the 
     Department of Defense submitted pursuant to section 2684a(g) 
     of title 10, United States Code, and of the RAND Corporation 
     report entitled ``The Thin Green Line: An Assessment of DoD's 
     Readiness and Environmental Protection Initiative to Buffer 
     Installation Encroachment'', Congress makes the following 
     findings:
       (1) Development and loss of habitat in the vicinity of, or 
     in areas ecologically related to, military installations, 
     ranges, and airspace pose a continuing and significant threat 
     to the readiness of the Armed Forces.
       (2) The Range Sustainability Program (RSP) of the 
     Department of Defense, and in particular the Readiness and 
     Environmental Protection Initiative (REPI) involving 
     agreements pursuant to section 2684a of title 10, United 
     States Code, have been effective in addressing this threat to 
     readiness with regard to a number of important installations, 
     ranges, and airspace.
       (3) Increasing and appropriate emphasis is being given to 
     regional, landscape-scale efforts such as the Southeast 
     Regional Partnership for Planning and Sustainability 
     (SERPPAS) and the Western Regional Partnership (WRP).
       (4) The opportunities to take effective action to protect 
     installations, ranges, and airspace from encroachment is in 
     many cases transient, and delay in taking action will result 
     in either higher costs or permanent loss of the opportunity 
     effectively to address encroachment.
       (5) With the exception of the Air Force, the military 
     departments are working to fully integrate the authority 
     provided by section 2684a of title 10, United States Code, 
     into their programs to address encroachment.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should--
       (1) develop additional policy guidance on the further 
     implementation of the Range and Environmental Protection 
     Initiative (REPI), to include additional emphasis on 
     protecting biodiversity and on further refining procedures;
       (2) continue to give emphasis to regional, landscape-scale 
     partnerships and initiatives such as the Southeastern 
     Regional Partnership for Planning and Sustainability 
     (SERPPAS) and the Western Regional Partnership (WRP);
       (3) give greater emphasis to effective cooperation and 
     collaboration on matters of mutual concern with other Federal 
     agencies charged with managing Federal land;
       (4) ensure that the Department of the Air Force takes full 
     advantages of the authorities provided by section 2684a of 
     title 10, United States Code, in addressing encroachment 
     adversely affecting, or threatening to adversely affect, the 
     installations, ranges, and military airspace of the Air 
     Force; and
       (5) provide significant additional resources to the 
     program, to include dedicated staffing at the installation 
     level and additional emphasis on outreach programs at all 
     levels.
       (c) Reporting Requirements.--
       (1) Recommendations for proposed legislation.--The 
     Secretary of Defense shall include with the budget 
     justification materials submitted to Congress in support of 
     the budget of the President for fiscal year 2009 (as 
     submitted with the budget of the President under section 1105 
     of title 31, United States Code)--
       (A) recommendations for proposed legislation to address the 
     issues highlighted by the Department of Defense in Chapter 6 
     of the initial report submitted to Congress under section 
     2684a(g) of title 10, United States Code; or
       (B) an explanation of the reasons for not recommending any 
     such legislation.
       (2) Reporting of certain actions taken.--The Secretary of 
     Defense shall include information on actions taken to address 
     the matters addressed under subsection (b) in the report 
     submitted to Congress by not later than March 1, 2008, under 
     section 2684a(g) of title 10, United States Code.
                                 ______
                                 
  SA 2111. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

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

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) there is no military solution to the ongoing conflict 
     in Iraq;
       (2) the President should change direction in Iraq if he 
     wants to find a solution to the conflict in that country; and
       (3) the President should launch a new diplomatic offensive 
     in order to promote reconciliation and stability in Iraq, by 
     appointing a special envoy to engage Iraqi leaders, regional 
     leaders, and international organizations, such as the United 
     Nations and the Arab League.
       (b) Redeployment of United States Combat Forces.--
       (1) Redeployment required.--The Secretary of Defense shall 
     begin the phased redeployment of members of the Armed Forces 
     from Iraq not later than 30 days after the date of the 
     enactment of this Act, and shall redeploy all such forces, 
     except those who are essential for the limited purposes set 
     forth in paragraph (2), by April 30, 2008.

[[Page 18457]]

       (2) Exception for limited purposes.--The requirement to 
     redeploy forces under paragraph (1) does not apply to forces 
     essential--
       (A) to conduct targeted operations, limited in duration and 
     scope, against members of al Qaeda and other international 
     terrorist organizations;
       (B) to provide security for United States infrastructure 
     and personnel; or
       (C) to train and equip Iraqi security forces.
       (c) Armed Forces Readiness.--Upon completion of the 
     redeployment required under subsection (b), funds authorized 
     to be appropriated by this title for Operation Iraqi Freedom 
     may be available to be expended in accordance with the lists 
     of program priorities or requirements not included in the 
     President's proposed budget for fiscal year 2008 submitted to 
     the Committees on Armed Forces of the Senate and the House of 
     Representatives by the Chief of the National Guard Bureau, 
     the Chief of Staff of the Army, the Commandant of the Marine 
     Corps, the Chief of Staff of the Air Force, and the Chief of 
     Naval Operations. Such amounts may not exceed--
       (1) $1,000,000,000 for the National Guard Reserve Equipment 
     Account;
       (2) $10,288,000,000 for the Army;
       (3) $3,189,600,000 for the Marine Corps;
       (4) $16,943,600,000 for the Air Force; and
       (5) $5,657,000,000 for the Navy.
       (d) Limitation on Use of Funds in Event of Failure to 
     Redeploy Forces.--Twenty-five percent of the funds 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2008 for activities in Iraq may 
     not be obligated or expended unless the number of members of 
     the Armed Forces deployed in Iraq by December 31, 2007, is at 
     least 50,000 fewer than the number so deployed as of July 11, 
     2007, unless the President certifies to the congressional 
     defense committees that it is still possible to redeploy all 
     such forces, except those who are essential for the limited 
     purposes set forth in subsection (b)(2), by April 30, 2008.
       (e) Report.--Not later than 60 days after the date of the 
     enactment of this Act, and every 30 days thereafter until May 
     31, 2008, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the status of 
     redeployment efforts under this section.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed as prohibiting funding for personal protective 
     equipment or other equipment or materiel necessary for 
     improving the safety of members of the Armed Forces.
                                 ______
                                 
  SA 2112. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 583. STUDY ON IMPROVING SUPPORT SERVICES FOR CHILDREN, 
                   INFANTS, AND TODDLERS OF MEMBERS OF THE ACTIVE 
                   AND RESERVE COMPONENTS UNDERGOING DEPLOYMENT.

       (a) Study Required.--
       (1) Study.--The Secretary of Defense shall conduct a study 
     to evaluate the feasibility and advisability of entering into 
     a contract or other agreement with a private sector entity 
     having expertise in the health and well-being of families and 
     children, infants, and toddlers in order to enhance and 
     develop support services for children of members of the 
     Active and Reserve Components who are deployed.
       (2) Types of support services.--In conducting the study, 
     the Secretary shall consider the need--
       (A) to develop materials for parents and other caretakers 
     of children of members of the Active and Reserve Components 
     who are deployed to assist such parents and caretakers in 
     responding to the adverse implications of such deployment 
     (and the death or injury of such members during such 
     deployment) for such children, including the role such 
     parents and caretakers can play in addressing and mitigating 
     such implications;
       (B) to develop programs and activities to increase 
     awareness throughout the military and civilian communities of 
     the adverse implications of such deployment (and the death or 
     injury of such members during such deployment) for such 
     children and their families and to increase collaboration 
     within such communities to address and mitigate such 
     implications;
       (C) to develop training for early child care and education, 
     mental health, health care, and family support professionals 
     to enhance the awareness of such professionals of their role 
     in assisting families in addressing and mitigating the 
     adverse implications of such deployment (and the death or 
     injury of such members during such deployment) for such 
     children; and
       (D) to conduct research on best practices for building 
     psychological and emotional resiliency in such children in 
     coping with the deployment of such members.
       (b) 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 containing the results of the study 
     conducted under subsection (a).

     SEC. 584. STUDY ON ESTABLISHMENT OF PILOT PROGRAM ON FAMILY-
                   TO-FAMILY SUPPORT FOR FAMILIES OF DEPLOYED 
                   MEMBERS OF THE ACTIVE AND RESERVE COMPONENTS.

       (a) Study.--The Secretary of Defense shall carry out a 
     study to evaluate the feasibility and advisability of 
     establishing a pilot program on family-to-family support for 
     families of deployed members of the Active and Reserve 
     Components. The study shall include an assessment of the 
     following:
       (1) The effectiveness of family-to-family support programs 
     in--
       (A) providing peer support for families of deployed members 
     of the Active Reserve and Components;
       (B) identifying and preventing family problems in such 
     families;
       (C) reducing adverse outcomes for children of such 
     families, including poor academic performance, behavioral 
     problems, stress, and anxiety; and
       (D) improving family readiness and post-deployment 
     transition for such families.
       (2) The feasibility and advisability of utilizing spouses 
     of members of the Armed Forces as counselors for families of 
     deployed members of the Active and Reserve Components, in 
     order to assist such families in coping throughout the 
     deployment cycle.
       (3) Best practices for training spouses of members of the 
     Armed Forces to act as counselors for families of deployed 
     members of the Active and Reserve Components.
       (b) Report.--The Secretary of Defense shall submit to 
     Congress a report containing the results of the study 
     conducted under subsection (a) not later than 180 days after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 2113. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

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

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

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

       ``2410r. Multiyear procurement authority: purchase of 
           synthetic fuels.''.
                                 ______
                                 
  SA 2114. Mr. CRAIG (for himself and Mr. Akaka) submitted an amendment 
intended to be proposed to amendment SA 2019 submitted by Mr. Levin 
(for himself and Mr. McCain) and intended to be proposed to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe

[[Page 18458]]

military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 43, strike lines 8 through 11 and insert the 
     following:
       ``(b) Partnerships.--The Secretary shall ensure that the 
     Center collaborates to the maximum extent practicable with 
     the Department of Veterans Affairs, institu-
                                 ______
                                 
  SA 2115. Mr. CRAIG (for himself and Mr. Akaka) submitted an amendment 
intended to be proposed to amendment SA 2019 submitted by Mr. Levin 
(for himself and Mr. McCain) and intended to be proposed to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 47, strike lines 15 through 18 and insert the 
     following:
       ``(b) Partnerships.--The Secretary shall ensure that the 
     Center collaborates to the maximum extent practicable with 
     the National Center for Post-Traumatic Stress
                                 ______
                                 
  SA 2116. Mr. CHAMBLISS (for himself, Mr. Coleman, Mr. Isakson, and 
Ms. Klobuchar) submitted an amendment intended to be proposed by him to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 683. NATIONAL GUARD YELLOW RIBBON REINTEGRATION PROGRAM.

       (a) Establishment.--The Secretary of Defense, in 
     coordination with the Chief of the National Guard Bureau, 
     shall establish a national combat veteran reintegration 
     program to provide National Guard members and their families 
     with sufficient information, services, referral, and 
     proactive outreach opportunities throughout the entire 
     deployment cycle. This program shall be known as the Yellow 
     Ribbon Reintegration Program. The Secretary may also use 
     funds made available to carry out this section to support 
     reintegration programs for members of the Army Reserve, 
     Marine Corps Reserve, Navy Reserve, and Air Force Reserve and 
     their families.
       (b) Purpose.--The Yellow Ribbon Reintegration Program shall 
     consist of informational events and activities for Reserve 
     Component members, their families, and community members 
     through the four phases of the deployment cycle:
       (1) Pre-Deployment.
       (2) Deployment.
       (3) Demobilization.
       (4) Post-Deployment-Reconstitution.
       (c) Consultation.--The National Guard Bureau Chief shall 
     consult with the following parties during establishment of 
     the program:
       (1) The Adjutant General of the Minnesota National Guard 
     and officials associated with the State's ``Beyond the Yellow 
     Ribbon'' Reintegration Program, the Adjutant General of New 
     Hampshire, the Adjutant General of Oregon, and the Adjutant 
     General of Washington.
       (2) Adjutants General of the remaining States and 
     territories.
       (d) Organization.--
       (1) Executive agent.--The Secretary shall designate the 
     National Guard Bureau as the Department of Defense executive 
     agent for the Yellow Ribbon Reintegration Program.
       (2) Establishment of the office for reintegration 
     programs.--
       (A) In general.--The National Guard Bureau shall establish 
     the Office for Reintegration Programs within the National 
     Guard Bureau Joint Staff. The office shall administer all 
     reintegration programs in coordination with State National 
     Guard organizations. The office shall be responsible for 
     coordination with existing National Guard family and support 
     programs. The Directors of the Army National Guard and Air 
     National Guard may appoint liaison officers to work with the 
     permanent office staff. The office shall closely coordinate 
     with the Army National Guard and Air National Guard 
     Directorates for Manpower and Personnel with respect to 
     existing family support structure, mobilization schedules, 
     training schedules, training plans and programs, and any 
     other personnel issues.
       (B) Establishment of a center for excellence in 
     reintegration.--The Office for Reintegration Programs shall 
     establish a Center for Excellence in Reintegration within the 
     office. The Center shall collect and analyze ``lessons 
     learned'' and suggestions from State National Guard 
     organizations with existing or developing reintegration 
     programs. The Center shall also assist in developing training 
     aids and briefing materials and training representatives from 
     State National Guard organizations. Representatives from 
     State National Guard organizations with successful 
     reintegration programs may augment the office staff.
       (3) Advisory board.--
       (A) Appointment.--The Chief of the National Guard Bureau 
     shall appoint an advisory board to analyze and report areas 
     of success and areas for necessary improvements. The advisory 
     board shall include, but is not limited to, the Director of 
     the Army National Guard, the Director of the Air National 
     Guard, the Assistant Secretary of Defense for Reserve 
     Affairs, an Adjutant General on a rotational basis as 
     determined by the Chief of the National Guard Bureau, the 
     Director of the National Guard Bureau Manpower and Personnel 
     Directorate (J-1), and any other Department of Defense, 
     Federal Government agency, or outside organization as 
     determined by the Chief of the National Guard Bureau. The 
     members of the advisory board may designate representatives 
     in their stead.
       (B) Schedule.--The advisory board shall meet on a schedule 
     as determined by the Chief of the National Guard Bureau.
       (C) Initial reporting requirement.--The advisory board 
     shall issue internal reports as necessary and shall submit an 
     initial report to the Committees on Armed Services not later 
     than 180 days after the end of a one-year period from 
     establishment of the Office for Reintegration Programs. This 
     report shall contain--
       (i) an evaluation of the reintegration program's 
     implementation by State National Guard organizations;
       (ii) an assessment of any unmet resource requirements;
       (iii) an assessment of the reintegration program's further 
     inclusion of other Reserve Component members and the 
     necessity for further expansion to incorporate all the 
     Reserve Components; and
       (iv) recommendations regarding closer coordination between 
     the Office of Reintegration Programs and State National Guard 
     organizations.
       (D) Annual reports.--The advisory board shall submit annual 
     reports to the Committees on Armed Services of the Senate and 
     the House of Representatives following the initial report by 
     the first week in March of subsequent years following the 
     initial report.
       (4) State deployment cycle support teams.--The Office for 
     Reintegration Programs shall employ personnel to administer 
     the Yellow Ribbon Reintegration Program at the State level. 
     The Chief of the National Guard Bureau shall assign State 
     Deployment Cycle Support Team members based on State need, 
     geographical dispersion, and military population. The Office 
     for Reintegration Programs is encouraged to employ wounded 
     service members and returning combat veterans whenever 
     possible. The primary function of team members shall be--
       (A) developing and managing the reintegration curriculum;
       (B) contracting and recruiting for necessary service 
     providers; and
       (C) ensuring that providers' skills adapt to the unique 
     military nature of the reintegration program.
       (e) Program.--
       (1) In general.--The Office for Reintegration Programs 
     shall analyze the demographics, placement of State Family 
     Assistance Centers (FAC), and FAC resources before a 
     mobilization alert is issued to affected State National Guard 
     organizations. The Office of Reintegration Programs shall 
     consult with affected State National Guard organizations 
     following the issuance of a mobilization alert and implement 
     the reintegration events in accordance with the Reintegration 
     Program phase model.
       (2) Pre-deployment phase.--The Pre-Deployment Phase shall 
     constitute the time from first notification of mobilization 
     until deployment of the mobilized National Guard unit. Events 
     and activities shall focus on providing education and 
     ensuring the readiness of service members, families, and 
     communities for the rigors of a combat deployment.
       (3) Deployment phase.--The Deployment Phase shall 
     constitute the period from deployment of the mobilized 
     National Guard unit until the unit arrives at a 
     demobilization station inside the continental United States. 
     Events and services provided shall focus on the challenges 
     and stress associated with separation and having a member in 
     a combat zone. Information sessions shall utilize State 
     National Guard resources in coordination with the Employer 
     Support of Guard and Reserve Office, Transition Assistance 
     Advisors, and the State Family Programs Director.
       (4) Demobilization phase.--
       (A) In general.--The Demobilization Phase shall constitute 
     the period from arrival of the National Guard unit at the 
     demobilization station until its departure for home station. 
     In the interest of returning members as soon as possible to 
     their home stations, reintegration briefings during the 
     Demobilization Phase shall be minimized. State Deployment 
     Cycle Support Teams are encouraged, however, to assist 
     demobilizing

[[Page 18459]]

     members in enrolling in the Department of Veterans Affairs 
     system using Form 1010EZ during the Demobilization Phase. 
     State Deployment Cycle Support Teams may provide other events 
     from the Initial Reintegration Activity as determined by the 
     State National Guard organizations. Remaining events shall be 
     conducted during the Post-Deployment-Reconstitution Phase.
       (B) Initial reintegration activity.--The purpose of this 
     reintegration program is to educate service members about the 
     resources that are available to them and to connect members 
     to service providers who can assist them in overcoming the 
     challenges of reintegration.
       (5) Post-deployment-reconstitution phase.--
       (A) In general.--The Post-Deployment-Reconstitution Phase 
     shall constitute the period from arrival at home station 
     until 180 days following demobilization. Activities and 
     services provided shall focus on reconnecting service members 
     with their families and communities and providing resources 
     and information necessary for successful reintegration. 
     Reintegration events shall begin with elements of the Initial 
     Reintegration Activity program that were not completed during 
     the Demobilization Phase.
       (B) 30-day, 60-day, and 90-day reintegration activities.--
     The State National Guard organizations shall hold 
     reintegration activities at the 30-day, 60-day, and 90-day 
     interval following demobilization. These activities shall 
     focus on reconnecting service members and family members with 
     the service providers from Initial Reintegration Activity to 
     ensure service members and their families understand what 
     benefits they are entitled to and what resources are 
     available to help them overcome the challenges of 
     reintegration. The Reintegration Activities shall also 
     provide a forum for service members and families to address 
     negative behaviors related to combat stress and transition.
       (C) Service member pay.--Service members shall receive 
     appropriate pay for days spent attending the Reintegration 
     Activities at the 30-day, 60-day, and 90-day intervals.
       (D) Monthly individual reintegration program.--The Office 
     for Reintegration Programs, in coordination with State 
     National Guard organizations, shall offer a monthly 
     reintegration program for individual service members released 
     from active duty or formerly in a medical hold status. The 
     program shall focus on the special needs of this service 
     member subset and the Office for Reintegration Programs shall 
     develop an appropriate program of services and information.
       (f) Funding.--For purposes of carrying out this section, 
     the following amounts may be available:
       (1) From amounts authorized to be appropriated by section 
     421(9) for the Army National Guard for personnel, 
     $100,000,000.
       (2) From amounts authorized to be appropriated by section 
     301(5) for operation and maintenance, Defense-wide 
     activities, $23,000,000.
                                 ______
                                 
  SA 2117. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 416. REVISION OF AUTHORIZED VARIANCES IN END STRENGTHS 
                   FOR SELECTED RESERVE PERSONNEL.

       (a) Increase.--Section 115(f)(3) of title 10, United States 
     Code, is amended by striking ``2 percent'' and inserting ``3 
     percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2007, and shall apply with 
     respect to fiscal years beginning on or after that date.
                                 ______
                                 
  SA 2118. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of section 1061(b), add following:
       (8) If any plan referred to in paragraph (7) includes 
     replacing or modifying warheads--
       (A) an assessment of the estimated cost of the replacement 
     or modification of warheads under such plan during the 10-
     year period beginning on the date of the implementation of 
     such plan; and
       (B) a statement of the anticipated schedule for the 
     replacement of warheads in the stockpile over time.
                                 ______
                                 
  SA 2119. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of section 871(b), add following:
       (5) Inspector general report on pilot program on imposition 
     of fines for noncompliance of personnel with clause.--Not 
     later than January 30, 2008, the Inspector General of the 
     Department of Defense shall submit to Congress a report 
     assessing the feasibility and advisability of carrying out a 
     pilot program for the imposition of fines on contractors or 
     subcontractors for personnel who violate or fail to comply 
     with applicable requirements of the clause required by this 
     section as a mechanism for enhancing the compliance of such 
     personnel with the clause. The report shall include--
       (A) an assessment of the feasibility and advisability of 
     carrying out the pilot program; and
       (B) if the Inspector General determines that carrying out 
     the pilot program is feasible and advisable--
       (i) recommendations on the range of contracts and 
     subcontracts to which the pilot program should apply; and
       (ii) a schedule of fines to be imposed under the pilot 
     program for various types of personnel actions or failures.
                                 ______
                                 
  SA 2120. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 415, between lines 2 and 3, insert the following:
       (C) activities for the coordination of research technology 
     development and concepts of operations on improvised 
     explosive defeat with the military departments, the Defense 
     Agencies, the combatant commands, the Department of Homeland 
     Security, and other appropriate departments and agencies of 
     the Federal Government.
                                 ______
                                 
  SA 2121. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 827. MODIFICATION OF AUTHORITIES RELATING TO 
                   UNDEFINITIZED CONTRACTUAL ACTIONS.

       (a) Approval Required for Certain Actions.--Section 2326 of 
     title 10, United States Code, is amended--
       (1) by redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Approval Required for Certain Actions.--(1) A 
     contracting officer may not take an action described in 
     paragraph (2) unless the contracting officer has documented 
     the need for the action in writing and received the approval 
     of the head of the contracting activity.
       ``(2) An action described in this paragraph is an action as 
     follows:
       ``(A) Entry into an undefinitized contractual action for or 
     on behalf of the Department of Defense.
       ``(B) Obligation of more than 25 percent of the negotiated 
     overall ceiling price for an undefinitized contractual action 
     before the contractual terms, specifications, and price are 
     definitized.
       ``(C) Obligation of more than 50 percent of the negotiated 
     overall ceiling price for an undefinitized contractual action 
     before the contractual terms, specifications, and price are 
     definitized.''.
       (b) Allowable Profit.--Subsection (f) of such section, as 
     redesignated by subsection (a)(1) of this section, is amended 
     to read as follows:
       ``(f) Allowable Profit.--A contracting officer shall--
       ``(1) address the reduced cost risk to a contractor with 
     respect to costs incurred pursuant to an undefinitized 
     contractual action before the contractual terms, 
     specifications, and price are definitized by allowing a 
     profit or fee on such costs that does not exceed 50 percent 
     of the profit or fee that would otherwise be allowable for 
     such costs; and

[[Page 18460]]

       ``(2) ensure that the profit allowed with respect to costs 
     incurred during the performance of the remaining part of the 
     contract reflects any reduced risk to the contractor with 
     respect to such performance.''.
       (c) Scope of Undefinitized Contractual Actions.--Paragraph 
     (1) of subsection (h) of such section, as so redesignated, is 
     amended by striking ``procurement action'' and inserting 
     ``procurement action (including a contract, a task or 
     delivery order issued against an existing contract, or a 
     modification that changes the scope of an existing 
     contract)''.
       (d) Conforming Amendment.--Paragraph (3) of subsection (c) 
     of such section, as so redesignated, is amended by striking 
     ``subsection (g)'' and inserting ``subsection (h)''.
       (e) Annual Reports.--Not later than 30 days after the end 
     of each of fiscal years 2008 through 2012, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on undefinitized contractual actions that are not 
     definitized within established time frames and not-to-exceed 
     guidelines. Each report shall include the following:
       (1) The number and total dollar value of undefinitized 
     contractual actions entered into for or on behalf of the 
     Department of Defense that have not been definitized--
       (A) within 180 days of award;
       (B) before 40 percent of the work is complete; and
       (C) before 50 percent of the funds have been obligated.
       (2) The actions that the Department of Defense has taken 
     and plans to take to reduce the number and dollar value of 
     undefinitized contractual actions in each of the categories 
     listed in paragraph (1).
                                 ______
                                 
  SA 2122. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 827. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR 
                   SERVICES.

       (a) Reviews Required.--Section 2330 of title 10, United 
     States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Independent Management Reviews.--(1) Each senior 
     official responsible for the management of acquisition of 
     contract services shall ensure that an independent management 
     review is conducted on an annual basis for any contract for 
     services entered for or on behalf of the Department of 
     Defense valued in excess of--
       ``(A) $250,000,000, in the case of a contract awarded to a 
     single contractor; or
       ``(B) $1,000,000,000, in the case of a contract awarded to 
     multiple contractors.
       ``(2) An independent management review under this 
     subsection shall be conducted by a team of Department of 
     Defense employees with an expertise in the acquisition of 
     contract services who do not have direct responsibility for 
     the management of the contract to be reviewed.
       ``(3) Each independent management review of a contract for 
     services conducted under this subsection shall, at a 
     minimum--
       ``(A) evaluate contract performance in terms of cost, 
     schedule and requirements;
       ``(B) assess the contracting mechanisms used, including the 
     use of competition, the contract structure and type, the 
     definition of contract requirements, cost and pricing 
     methods, the award and negotiation of task orders, and 
     management and oversight mechanisms;
       ``(C) evaluate the contractor's use, management, and 
     oversight of subcontractors;
       ``(D) review the staffing of contract management and 
     oversight functions;
       ``(E) assess alternative contracting approaches;
       ``(F) make specific recommendations to ensure that the 
     contract is managed and performed in a manner that is 
     consistent with applicable requirements of law and regulation 
     and best protects the interests of the Department of Defense; 
     and
       ``(G) develop lessons learned that can be applied to other 
     contracts for services entered for or on behalf of the 
     Department of Defense.
       ``(4) An annual review shall not be required under this 
     subsection for any contract under which the work has been 
     substantially completed (as determined by the Secretary of 
     Defense).''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to contracts awarded before, on, or after 
     that date.
       (2) Limitation on future exercise of options under covered 
     contracts.--Beginning on the date that is one year after the 
     date of the enactment of this Act, no option shall be 
     exercised under a contract that is subject to the 
     requirements of subsection (c) of section 2330 of title 10, 
     United States Code (as amended by subsection (a) of this 
     section), unless an independent management review of the 
     contract has been performed in accordance with the 
     requirements of such subsection (c) in the previous year.
                                 ______
                                 
  SA 2123. Mr. CARPER (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 865. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL 
                   OUTSIDE THE ACQUISITION WORKFORCE.

       (a) Training Requirement.--Section 2333 of title 10, United 
     States Code is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Training for Personnel Outside Acquisition 
     Workforce.--(1) The joint policy for requirements definition, 
     contingency program management, and contingency contracting 
     required by subsection (a) shall provide for training of 
     military personnel outside the acquisition workforce 
     (including operational field commanders and officers 
     performing key staff functions for operational field 
     commanders) who are expected to have acquisition 
     responsibility, including oversight duties associated with 
     contracts or contractors, during combat operations, post-
     conflict operations, and contingency operations.
       ``(2) Training under paragraph (1) shall be sufficient to 
     ensure that the military personnel referred to in that 
     paragraph understand the scope and scale of contractor 
     support they will experience in contingency operations and 
     are prepared for their roles and responsibilities with regard 
     to requirements definition, program management (including 
     contractor oversight), and contingency contracting.
       ``(3) The joint policy shall also provide for the 
     incorporation of contractors and contract operations in 
     mission readiness exercises for operations that will include 
     contracting and contractor support.''.
       (b) Comptroller General Report.--Section 854(c) of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2346) is amended by 
     adding at the end the following new paragraph:
       ``(3) Comptroller general report.--Not later than 180 days 
     after the date on which the Secretary of Defense submits the 
     final report required by paragraph (2), the Comptroller 
     General of the United States shall--
       ``(A) review the joint policies developed by the Secretary, 
     including the implementation of such policies; and
       ``(B) submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     extent to which such policies. and the implementation of such 
     policies, comply with the requirements of section 2333 of 
     title 10, United States Code (as so added).''.
                                 ______
                                 
  SA 2124. Mr. NELSON of Nebraska (for himself and Ms. Collins) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1585, to authorize appropriations for fiscal year 2008 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1535. TRANSITION OF MISSION OF UNITED STATES FORCES IN 
                   IRAQ.

       (a) In General.--Commencing as of the date of the enactment 
     of this Act, the President shall immediately begin the 
     transition of mission for all United States forces in Iraq.
       (b) Transition of Mission.--United States forces in Iraq 
     shall be limited to--
       (1) protecting United States personnel and infrastructure 
     in Iraq;
       (2) continuing the training and equipping of Iraqi security 
     forces;
       (3) securing Iraq's borders in order to halt and prevent 
     the influx of foreign and al Qaeda fighters into Iraq; and
       (4) continuing the conduct of counterterrorism operations 
     against al Qaeda, al Qaeda-affiliated forces, and other 
     terrorist groups engaged in destabilization efforts in Iraq.
       (c) Goal for Actions.--The goal of completing the 
     transition and redeployment of United States forces to a new 
     mission in accordance with this section shall be March 31,

[[Page 18461]]

     2008, as outlined in the report of the Iraq Study Group.
                                 ______
                                 
  SA 2125. Mrs. FEINSTEIN (for herself, Mr. Harkin, Mr. Dodd, Mrs. 
Clinton, Mr. Brown, Mr. Bingaman, Mr. Kennedy, Mr. Whitehouse, and Mr. 
Obama) submitted an amendment intended to be proposed by her to the 
bill H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following new section:

     SECTION 1070. REQUIRED CLOSURE OF GUANTANAMO BAY DETENTION 
                   FACILITY.

       (a) Closure of Detention Facility.--Not later than one year 
     after the date of the enactment of this Act--
       (1) the President shall close the Department of Defense 
     detention facility at Guantanamo Bay, Cuba; and
       (2) all detainees held at such facility shall be 
     transferred from the facility.
       (b) Restriction on Transfer of Detainees Outside the United 
     States.--No detainee transferred under subsection (a)(2) who 
     is kept in the custody or control of the United States may be 
     transferred to a facility that is located outside the 
     continental United States.
       (c) Reporting Requirements.--
       (1) Implementation plan.--Not later than 90 days after the 
     date of the enactment of this Act, the President shall submit 
     to Congress a report describing plans to implement subsection 
     (a), including the legal justification for continuing to 
     detain any individual under United States custody under such 
     plans.
       (2) Updates.--The President shall keep Congress fully and 
     currently informed of the steps taken to implement subsection 
     (a).
       (d) Rules of Construction.--
       (1) No additional detention authority.--Nothing in this 
     section shall be construed as altering or adding to existing 
     authorities for the detention or treatment of individuals in 
     United States custody.
       (2) Immigration status.--The transfer of an individual 
     under subsection (a) shall not be considered an entry into 
     the United States for purposes of immigration status.
                                 ______
                                 
  SA 2126. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FLEXIBILITY IN PAYING ANNUITIES TO CERTAIN FEDERAL 
                   RETIREES WHO RETURN TO WORK.

       Section 9902(j) of title 5, United States Code, is amended 
     to read as follows:
       ``(j) Provisions Relating to Reemployment.--
       ``(1) Except as provided under paragraph (2), if an 
     annuitant receiving an annuity from the Civil Service 
     Retirement and Disability Fund becomes employed in a position 
     within the Department of Defense, his annuity shall continue. 
     An annuitant so reemployed shall not be considered an 
     employee for purposes of chapter 83 or 84.
       ``(2)(A) An annuitant receiving an annuity from the Civil 
     Service Retirement and Disability Fund who becomes employed 
     in a position within the Department of Defense following 
     retirement under section 8336(d) or 8414(b) shall be subject 
     to section 8344 or 8468.
       ``(B) The Secretary of Defense may, under procedures and 
     criteria prescribed under subparagraph (C), waive the 
     application of the provisions of section 8344 or 8468 on a 
     case-by-case or group basis, for employment of an annuitant 
     referred to in subparagraph (A) in a position in the 
     Department of Defense.
       ``(C) The Secretary shall prescribe procedures for the 
     exercise of any authority under this paragraph, including 
     criteria for any exercise of authority and procedures for a 
     delegation of authority.
       ``(D) An employee as to whom a waiver under this paragraph 
     is in effect shall not be considered an employee for purposes 
     of subchapter III of chapter 83 or chapter 84.
       ``(3) An annuitant receiving an annuity from the Civil 
     Service Retirement and Disability Fund who was employed in a 
     position within the Department of Defense following 
     retirement under section 8336(d) or 8414(b) after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 103-160) shall, within 90 days 
     after the Department of Defense issues regulations on this 
     subsection and after the Department takes reasonable efforts 
     to notify employees, be able to elect to be covered by 
     paragraph (1) or (2) of this subsection.''.
                                 ______
                                 
  SA 2127. Mr. WEBB (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 236, line 8, strike ``and accounting for'' and 
     insert ``accounting for, and keeping appropriate records 
     of''.
       On page 236, between lines 14 and 15, insert the following:
       (C) a process for the registration and identification of 
     armored vehicles, helicopters, and other military vehicles 
     operated by contractors and subcontractors performing private 
     security functions in an area of combat operations;
       On page 236, line 15, strike ``(C)'' and insert ``(D)''.
       On page 236, beginning on line 15, strike ``for the 
     reporting of all incidents in
     which--'' and insert ``under which contractors are required 
     to report all incidents, and persons other than contractors 
     are permitted to report incidents, in which--''.
       On page 236, line 19, strike ``or''.
       On page 236, strike line 22 and insert the following:
     ations are filled or injured; or
       (iii) persons are killed or injured, or property is 
     destroyed, as a result of conduct by contractor personnel;
       On page 236, line 23, strike ``(D)'' and insert ``(E)''.
       On page 236, line 23, strike ``investi-
     gating--''and insert ``the independent review and, where 
     appropriate, investigation of--''.
       On page 236, line 25, strike ``(C)'' and insert ``(D)''.
       On page 237, line 4, strike ``(E)'' and insert ``(F)''.
       On page 237, line 8, strike ``(F)'' and insert ``(G)''.
       On page 237, strike line 15 and insert the following:
       (ii) predeployment training requirements for personnel 
     performing private security functions in an area of combat 
     operations, addressing the requirements of this section, 
     resources and assistance available to contractor personnel, 
     country information and cultural training, and guidance on 
     working with host country nationals; and
       On page 237, line 16, strike ``(ii)'' and insert ``(iii)''.
       On page 237, line 16, strike ``rules of engagement'' and 
     insert ``rules on the use of force''.
       On page 238, beginning on line 15, strike ``and accounting 
     for'' and insert ``accounting for, and keeping appropriate 
     records of''.
       On page 238, strike line 23 and insert the following:
     ations;
       (iii) registration and identification of armored vehicles, 
     helicopters, and other military vehicles operated by 
     contractors and subcontractors performing private security 
     functions in an area of combat operations; and
       On page 238, line 24, strike ``(iii)'' and insert ``(iv)''.
       On page 239, line 4, strike ``or''.
       On page 239, strike line 7 and insert the following:

     bat operations are killed or injured; or
       (III) persons are killed or injured, or property is 
     destroyed, as a result of conduct by contractor personnel;

       On page 239, line 10, strike ``comply with--'' and insert 
     ``are briefed on and understand their obligation to comply 
     with--''.
       On page 240, line 3, strike ``rules of engagement'' and 
     insert ``rules on the use of force''.
                                 ______
                                 
  SA 2128. Mr. REID (for Mr. Lautenberg) proposed an amendment to the 
resolution S. Res. 226, recognizing the month of November 2007 as 
``National Homeless Youth Awareness Month''; as follows:

       On page 3 line 5 after ``November.'' Strike the period and 
     insert ``2007.''
                                 ______
                                 
  SA 2129. Mr. REID (for Mr. Lautenberg) proposed an amendment to the 
resolution S. Res. 226, recognizing the month of November 2007 as 
``National Homeless Youth Awareness Month''; as follows:

       Amend the title to read:
       ``Recognizing the month of November 2007 as ``National 
     Homeless Youth Awareness Month''.
                                 ______
                                 
  SA 2130.  Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page 18462]]

       At the end of title XII, add the following:

     SEC. 1234. REPORT ON SECURITY CAPABILITIES NEEDED TO 
                   STABILIZE DARFUR, SUDAN.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should assemble a multinational 
     coalition to stabilize the Darfur region of Sudan; and
       (2) the United States Government, with the concurrence of 
     the Government of Chad, should help provide for the necessary 
     improvements to the airfield located in Abeche, Chad, in 
     order to support potential multinational operations, 
     facilitate a possible United Nations deployment to Chad and 
     Darfur, and support humanitarian operations.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall submit to 
     Congress a report on the security capabilities needed to 
     stabilize Darfur.
       (2) Content.--The report required under paragraph (1) 
     shall--
       (A) identify countries and multinational organizations, 
     including the North Atlantic Treaty Organization, with the 
     capacity to contribute to the stabilization of Darfur;
       (B) describe the current operational status of the airfield 
     located in Abeche, Chad, and include recommendations for 
     upgrades to the Abeche airfield to support enhanced 
     operations and a large increase in air traffic, including a 
     cost-estimate for such upgrades; and
       (C) identify the level of forces needed to achieve and 
     maintain stability in Darfur.

                          ____________________