[Congressional Record (Bound Edition), Volume 153 (2007), Part 18]
[Senate]
[Pages 25334-25349]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008--Continued

  The PRESIDING OFFICER. Under the previous order, the Senate will 
return to consideration of H.R. 1585.
  The Senator from Michigan.
  Mr. LEVIN. Mr. President, is there a pending amendment?
  The PRESIDING OFFICER. There are amendments to the motion to commit 
with instructions.
  Mr. LEVIN. Other than those amendments that filled up the tree, there 
are no pending amendments; is that correct?
  The PRESIDING OFFICER. There are also amendments to the substitute.


                           Amendment No. 2997

  Mr. LEVIN. Mr. President, we are trying to work out a unanimous 
consent agreement so we can vote on the amendment of the Senator from 
Delaware, hopefully, at 5:30. We are attempting to work out a unanimous 
consent agreement. We do not have it yet.
  I will suggest, if the Senator from Delaware is willing, because 
there is a reasonable chance we are going to get there, that he now 
describe his amendment and offer his amendment, and then--he cannot 
technically offer it, but he can describe his amendment--and, 
hopefully, we can get a unanimous consent agreement. If we do, he could 
then technically offer it.
  So I would suggest that without offering his amendment, the Senator 
from Delaware describe his amendment, debate his amendment, in the 
hopes we can get a unanimous consent agreement to vote on that 
amendment at 5:30. We do not have it yet, but we are working on it.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. BIDEN. Mr. President, I am happy to do that. I see the former 
distinguished ranking member of the Armed Services Committee is on the 
floor. Let me say at the outset how much I appreciate both him and the 
chairman of the committee for making some very constructive suggestions 
as to how to amend my amendment.
  At the appropriate time, I will call up the amendment and move for 
its modification. But I want to, at the outset, tell the Senator from 
Virginia how much I appreciate his leadership. The truth is, he and I 
had a fairly extensive colloquy on the floor last week on this 
amendment. True to his word, the Senator said he was going to take a 
look at this amendment, he was seriously interested in it, and he 
wanted to look at it. As is always the case with the Senator from 
Virginia, he kept his word. He not only kept his word, but he improved 
what Senator Brownback and I and Senator Boxer and others had come 
forward with. Again, at the appropriate time, I will move to amend 
Biden-Brownback along those lines.
  But, as I understood it, there was the possibility that if we had 
gotten the unanimous consent agreement, there would be 15 minutes on a 
side. I know a number of people want to speak. I had an opportunity to 
speak on this amendment at length last week.
  My distinguished colleague from California, who I must say--and I am 
sure my colleagues will fully appreciate this--we would not have gotten 
to this point were it not for the Senator from California. Her embrace 
of this approach well over a year ago, quite frankly, legitimized this 
in a way on my side of the aisle that no one else, quite frankly, could 
have done.
  The fact that it has such, at this point--and, God willing, as my 
grandfather would say, and the ``crick'' not rising--hopefully, when we 
vote, it will bear out what I am about to say. This has genuine 
bipartisan support but not merely bipartisan support. This has genuine 
support that crosses ideological divides as narrow or as wide as they 
are in this body. I think that is a very hopeful sign for the emergence 
of a policy in Iraq that would give us some real opportunity.
  With the Chair's permission and my colleagues' permission, I would 
like to yield the floor to my colleague from California, if she would 
like to speak to this amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California is recognized.
  Mrs. BOXER. Mr. President, are we awaiting, hopefully, an agreement 
at this point? We are speaking on the bill in general? Is that where we 
are?
  The PRESIDING OFFICER. The Senator is correct.
  Mrs. BOXER. Mr. President, I hope my colleagues will indulge me for 
about 5 or 6 minutes while I speak about the Biden-Brownback-Boxer-
Specter, and many other colleagues on both sides of the aisle, 
amendment. I wish to say to my colleague from Delaware how much I 
appreciate what he has done. In the face of so much opposition, he has 
kept to this idea that we need to respect the Iraqis enough to 
understand the reality of their situation.
  I remember before we had the vote on whether to go to war, or give 
the President the authority to go to war, a friend of mine, former 
Congressman John Burton, called me and said: Barbara, I want you to 
read one book before you cast your vote, one book that I think explains 
what Iraq is about. That book is entitled ``The Reckoning,'' and it was 
written by someone named Sandra Mackey, a historian, in 2002. So I read 
the book before we voted on whether to give the President authority to 
go into Iraq. The book detailed how Saddam Hussein egregiously used his 
power as a brutal dictator and a strongman to hold that country 
together. She explains the history of Iraq

[[Page 25335]]

and why the only way to hold it together, in her view, was by such a 
strongman and what a terrible reality she came to. She said that after 
World War I, Iraq was a young, fragile country, patched together by the 
victorious European powers.
  She wrote:

       Within its artificial boundaries, the Iraqis have lived for 
     eight decades as a collection of competing families, tribes, 
     regions, tongues, and faiths. This complex, multilayered 
     mosaic of Arabs and nonArabs, Muslims, and Christians, is 
     trisected by Iraq's three major population groups, each in 
     possession of a distinct identity; each group dominates a 
     region of Iraq--the Sunnis the center, the Shia the south, 
     the Kurds the north.

  She goes on to conclude:

       Iraq is a state, not a nation. Over the 80 years of their 
     common history, the Iraqis have engaged in the conflicted, 
     and at times convoluted search for a common identity. But 
     Iraqis as a whole have never reached consensus.

  What Senator Biden has understood for several years now, and why I 
was so interested in supporting him from the very start as a proud 
member of his Foreign Relations Committee, is we have to deal with the 
Iraq we have, not the Iraq we wish we had. If that sounds similar to 
someone--I understand that is a similar sentence. But we don't have an 
Iraq that we romantically wish we had. After all, as Senator Biden has 
said many times, for Iraq to survive and thrive, they have to want 
democracy as much as we want it for them. I think that quote by Senator 
Biden has been in my mind since the very start of this war that I did 
not vote for.
  So I see a light at the end of a very dark tunnel--a darkness that is 
impacting our Nation. It is impacting the Senate in a way where we are 
paralyzed. We can't get from A to B; we can't see this light. We can't 
grab it. We argue over military tactics such as a surge. Our military 
has done everything we have asked them to do. But every single military 
leader and political leader has told us there is only one solution, and 
it is a diplomatic one. In this very important amendment, what Senator 
Biden and the rest of us are doing is saying, there is a light at the 
end of the tunnel. Look at the Kurds. Look at the Kurdish area. Do my 
colleagues know, and thank God, we haven't lost one soldier in that 
area. Of the approximately 165,000 soldiers we have there, only 100 
soldiers are there.
  The Kurds are running their own lives. They even fly the Kurdish 
flag. They make their own decisions. I think worth repeating is this 
solution we are putting before the Senate today--we hope it is today--
recognizes the Iraqis will decide this for themselves, that this idea 
is consistent with the Constitution, not outside their Constitution. Of 
course, they will be the ones who have to embrace this.
  But what this amendment does is it says to the world we are ready to 
move past a military solution. We understand we are not going to have 
lasting peace when all you have on the table is a gun and bullets. We 
have to put a diplomatic solution on the table.
  So I am very delighted to have this time now. I don't know if I will 
have any time later to speak, but I have said what I need to say. I 
think this is a golden moment for us. I think we could move this debate 
in a better direction, in a direction all of us want to move it, 
whether we are Republicans or Democrats, whether we voted for the war 
or not. We want to craft some type of political solution. We want a 
roadmap. The Senator from Delaware has given it to us. I am proud to be 
a part of this bipartisan group that has cosponsored this.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois is recognized.


                           Amendment No. 3017

  Mr. DURBIN. Mr. President, I wish to thank my colleagues, the Senator 
from California and the Senator from Delaware. They are making a 
sincere effort to find a way out of this terrible morass we are in, in 
Iraq. I can recall 5 years ago when we were called on to vote to give 
an authorization for the use of force to President Bush. It was in 
October, before an election a few weeks away, and there were some who 
argued the President would never use that force. There were some who 
argued he would use it immediately. Unfortunately, history has proven 
he used it in a few months. We now find ourselves enmeshed in a war we 
never bargained for.
  That authorization for the use of force said it was for the purpose 
of deposing a dictator and destroying weapons of mass destruction that 
threatened the United States. The dictator is gone, the weapons of mass 
destruction never existed. Yet we are still there and 3,800 American 
soldiers have been killed so far, 30,000 injured, and 10,000 grievously 
injured. The numbers rise by the day. At one hundred a month, American 
soldiers die. There is violence on the streets. Attempts to have 
meetings for cooperation and compromise are cut short by bombs and 
bullets. It is a situation which we never bargained for, and this 
President has no concept of how to extricate America from that morass.
  I call to the attention of the Senate, though, not the Biden-
Brownback amendment, which I will speak to at a later time but, rather, 
an amendment offered by Senators Lieberman and Kyl. It is an amendment 
which relates to a country next to Iraq--Iran. Iran is a dangerous 
country. Yesterday, there was a lot of controversy about whether its 
President should be allowed to speak at a major university in the 
United States. Many argued he should not have. Whatever your opinion on 
whether he should have been allowed to speak, when it was all said and 
done, when he had finished his speaking, there was no doubt in my mind 
that it was pretty clear how radical and unreliable he is. Some of the 
things he said were preposterous, outrageous, and didn't reflect the 
truth as we know it, either in the United States, the world, or in his 
country of Iran. I can't imagine that President Ahmadi-Nejad won any 
converts yesterday, but he is the head of a dangerous nation, a nation 
which in many respects is moving in directions which the United States 
has to view very warily.
  I have joined with Senator Gordon Smith in a bipartisan resolution 
applying economic pressure and diplomacy to change the Iranian policies 
that might lead to nuclear armaments. I believe that is our first order 
of business and a high priority for the United States. That is why I 
joined him in that resolution. In fact, in the past, I voted for 
resolutions by Senator Lieberman and others acknowledging the potential 
threat of Iran. I think we should be forewarned that this is a 
dangerous country, until they change their ways and perhaps change 
their leadership.
  I wish to commend to every Senator before the vote on the Lieberman-
Kyl amendment that they take a few moments and read it. There is a 
paragraph in this amendment which I find troubling, if not frightening. 
I wish to read it into the Record. I will concede this is a sense-of-
the-Senate amendment and doesn't have the force of law, but I want my 
colleagues to understand what they are voting for if they decide that a 
vote for the Lieberman-Kyl amendment is a vote against Iran. I will 
read it as follows:

       It is the sense of the Senate--

  And now I read from paragraph 4 in the Lieberman-Kyl amendment, and I 
quote verbatim from the latest version I have--

     to support the prudent and calibrated use of all instruments 
     of United States national power in Iraq, including 
     diplomatic, economic, intelligence, and military instruments, 
     in support of the policy described in paragraph (3) with 
     respect to the Government of the Islamic Republic of Iran and 
     its proxies.

  I see the Senator from Connecticut is on the floor. If this language 
has been deleted or changed, I hope he will bring to it my attention, 
because as written and as read, the language that I have been given is 
troubling. Conceding this is a sense-of-the-Senate amendment, we are, 
in fact, saying we support the use of military instruments in Iran. 
What does that mean? Does that mean we are supporting the invasion of 
Iran, that we are supporting military tactics against Iran? Shouldn't 
we be extra careful in the language of these amendments when we find 
that the authorization of force for Iraq has dragged us into a war now 
in its fifth year, a war

[[Page 25336]]

longer than World War II, with bloody and deadly consequences for the 
United States and innocent Iraqis?
  I can't vote for this language as read. If it has been changed or 
will be changed, I am ready to talk, because I certainly have no 
defense of Iran and its intrigue, its activities, and its plans that we 
understand to be the development of nuclear weapons.
  As I have said, I have joined with Senator Smith encouraging economic 
and diplomatic sanctions against Iran, but this amendment goes beyond 
that. I repeat:

       (4) to support the prudent and calibrated use of all 
     instruments of United States national power in Iraq, 
     including diplomatic, economic, intelligence, and military 
     instruments, in support of the policy described in paragraph 
     (3) with respect to the Government of the Islamic Republic of 
     Iran and its proxies.

  I think this is entirely too expansive. It is dangerous language. 
Those who vote for it are going on the Record for the use of military 
power in a way that I don't think they fully comprehend. Again, if this 
is being changed, if it is going to be changed before the vote, then I 
will concede that many items before the Senate are works in progress. 
But as written and as read, I cannot accept this language. I think it 
is a dangerous effort to put us on the record for the use of military 
force in Iran. Even if we are militarily capable of doing that today--
and some question whether we are--the simple fact is there is a process 
to call for congressional approval under our Constitution before we 
declare war on any Nation. This, unfortunately, takes us down that road 
toward that goal in a way that I think is unacceptable, and for that 
reason I will oppose it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas is recognized.


                           Amendment No. 2997

  Mrs. HUTCHISON. Mr. President, I rise today to speak on the Biden 
amendment, and I hope we are going to proceed with a vote on this 
amendment. I am an original cosponsor. I appreciate what Senator Biden 
has brought forward. He has talked about the semiautonomous region in 
Iraq for a long time--for over a year. Mr. President, so have I. I, 
too, have written an op-ed piece that says let's look at a long-term 
solution. I think we saw from General Petraeus in the last couple of 
weeks that we should be so proud of our military and what we have done 
to give security to the Iraqi people. It is not perfect, and it is not 
finished, but it is so much better than it has been before. Violence is 
down.
  Mr. President, everybody who has been to Iraq, including myself and 
most Members of the Senate, can see clearly that American forces 
securing Iraq is not a long-term solution. We must have an Iraq that 
has an economic and a political solution. I don't think you can have a 
political solution if you don't have an economy, if people don't have 
jobs, if they cannot start small businesses, if they cannot take their 
children to school. You are not going to be able to have a long-term 
solution without the building of an economy and a political base. That 
is why I support this amendment, why I am an original cosponsor with so 
many Republicans and Democrats coming together.
  When I hear some of my colleagues on the other side of the aisle 
talking about their view of the war, I differ with them about what we 
should do militarily. But I do think all of us are coming together to 
say we should have a long-term solution with fewer American troops in a 
support role, not a frontline role. The way to do that is to have an 
economy and political stability.
  That is what I think the Biden amendment would suggest. We are not 
telling the Iraqi people what to do. They passed their own law to 
implement it. They have a much longer history there than we do. I think 
we should continue to promote this as a solution. I think we need to do 
a few other things in conjunction with this. I think we should work 
more closely with Iraq's neighbors. I think the Bush administration is 
doing that now. I think the Secretary of State is doing a great job of 
bringing the neighbors in and saying: You have a stake here, and 
certainly it is in everyone's interest in the region to have a stable 
Iraq that is not a terrorist breeding ground.
  That should be pursued with the idea that they could also be helpful 
in regions that would work in a semiautonomous way. It is federalism 
with states that have their own self-governance.
  Dr. Henry Kissinger, in an appearance before the Senate Committee on 
Foreign Relations, said:

       I am sympathetic to an outcome that permits large regional 
     autonomy. In fact, I think it is very likely that this will 
     emerge out of the conflict that we are now witnessing.

  Secretary Kissenger went on to say, in a Washington Post op-ed last 
week:

       It is possible that the present structure in Baghdad is 
     incapable of national reconciliation because its elected 
     constituents were elected on a sectarian basis. A wiser 
     course would be to concentrate on the three principal regions 
     and promote technocratic, efficient and humane administration 
     in each. . . . More efficient regional government leading to 
     substantial decrease in the level of violence, to progress 
     towards the rule of law and to functioning markets could 
     then, over a period of time, give the Iraqi people an 
     opportunity for national reconciliation.

  Mr. President, our efforts in the Balkans are instructive here. A 
little over 10 years ago, from 1992 to 1995, the war in the Balkans 
left 250,000 people dead and millions homeless. The Dayton Peace 
Accords ended that conflict. The agreement retained Bosnia and 
Herzegovina's international boundaries and created a joint multiethnic 
and democratic government charged with a very narrow power--to conduct 
foreign, diplomatic, and fiscal policy. That is the overarching 
national government of Bosnia and Herzegovina.
  There is a second tier of government there now, comprised of two 
entities that are roughly equal in size. The Bosniak/Croat Federation 
of Bosnia and Herzegovina and the Bosnian Serb-led Republica Srpska. 
The Federation and the Srpska governments oversee most government 
functions. Since the Dayton Peace Accords was signed, the guns of 
Bosnia have been silent. More than a million people have returned to 
their prewar homes. The success in Bosnia has enabled the number of 
U.S. troops in the region to decline substantially.
  At the end of 1995, there were 20,000 U.S. combat troops in the 
Bosnia region. I visited those troops seven times. The first time I 
went into Bosnia it was undercover. We had on flack jackets and helmets 
because the Serbs were shooting from the hills. In 2006, there were 600 
American troops in Bosnia. Today, there are no combat troops in Bosnia.
  Mr. President, I think this should be a model for Iraq. I think we 
could have a national government that divides the oil royalties, that 
has the diplomatic function that represents Iraq internationally, and 
the national government could be a mixture, as it is today. But then 
you would have semiautonomous regions. We talked about it. You have 
Kurdistan in the north, the Shia area in the south, and the middle 
doesn't have to be one region. I have heard the disagreements about the 
ability to put that middle into one region because there are Shia and 
Sunnis in neighborhood to neighborhood. It will be more difficult, but 
it is also the best opportunity for a long-term solution.
  So why not have smaller units across the middle of Baghdad? Why not 
have some smaller government with an educational system, with the 
religious sect that is the majority in that sector?
  Mr. President, it is so important that we produce more options. Many 
of the best scholars in this country, the best writers in newspapers in 
our country, and many of the best diplomats in our country have said 
this is a potential solution. Some people in this category have said 
this isn't our first choice. Our first choice is to be a national 
government that is mixed--that works. That is all of our first choice. 
But that isn't the choice we have.
  We have to recognize that we could not mold a country so quickly 
after thousands of years of strife along ethnic grounds. So we have to 
step back, in my opinion, and ask what could

[[Page 25337]]

work to stabilize this country so that an economic and a political 
solution will work. With all of the people who are now saying this is 
an option that should be on the table, I hear people saying, in the 
end, that is probably the way it is going to be. That is where I come 
in and say: In the end? Wait a minute. We have a chance to push for 
leadership now. We have a chance to bring the others in the region 
together now, so that the American troops who have done such a 
wonderful job will have two victories. One is that their mission will 
be accomplished in the right way; two, all of the sacrifices they have 
made will not be for naught. We cannot walk away from Iraq. We cannot 
say it is too tough, we are going to surrender. That would make all of 
the sacrifices that have been made irrelevant. We cannot do it that 
way. But we do have a potential solution that can save American lives 
in the future by cutting down the violence right now, by saying if we 
can step back into a support role because Iraq is emerging as an 
economic, political, and stable country, then we will have done right 
by our American troops. We will have done the right thing for future 
generations of Americans because we will have stood our ground against 
terrorists taking over Iraq, and we will do it expeditiously.
  We don't need to talk about this anymore. The Iraqis have adopted it 
in their constitution. They have adopted the implementation of the 
legislation. With some leadership among all of its neighbors in the 
region, along with the United States and our allies who have given so 
much in this cause, we can protect future generations of Americans from 
attacks. We will have built a stable country, which is what we said we 
wanted to do when we went in to take out Saddam Hussein, who was 
abusing his people.
  Mr. President, some may call for surrender, but that is not the 
answer. The answer is to promote a real solution that is a long-term 
solution; that is, allowing the Iraqis to draw their own regions, where 
they can grow an economy and a government that works along the Bosnian 
model, and we will be able to stay strong and do the right thing and 
listen to what people are saying. But that doesn't mean we have to wait 
and say, oh, that is what is going to happen in the end. Well, how many 
American lives are going to be lost between now and the end? Let's 
allow our American troops to take the support role instead of the 
frontline role, as General Petraeus has started so ably. Let's do what 
is right for the Iraqi people and the Middle East region as well 
because a terrorist haven is not in anyone's interest.
  I urge my colleagues to support the Biden amendment of which I am a 
cosponsor, along with a solid Republican and Democratic list of Members 
who are willing to stand up and say we want this war to end honorably, 
we want to complete the mission honorably, and we can do it in the 
right way. And that is to allow them to create their government, which 
would have a national overlay. The time is now, Mr. President.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KERRY. Mr. President, I understand there is no time agreement; is 
that right?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. KERRY. Mr. President, I rise to speak with respect to the Biden 
amendment. I listened carefully to the Senator from Texas, and I must 
say I agreed with a lot of what she said. One thing I violently 
disagreed with was the notion at the end where she said some may call 
for surrender. I have not heard any U.S. Senator call for surrender. I 
think that is part of the sloganeering and talk, unfortunately, that 
has characterized some of the divisions as people try to find a 
sensible way of finding success.
  There are different views about how you find success here. The notion 
of setting a date and requiring leverage out of the Iraqi Government to 
do what it is not doing today is an alternative way of getting them to 
make those decisions and be successful in this endeavor. It is also, in 
the view of many people in the Senate, a more effective way of 
supporting the troops, of honoring their sacrifice with a policy that 
we believe can actually achieve what their sacrifice is being made for.
  I caution colleagues about falling into the easy terminology about 
``choosing to lose,'' ``surrender,'' ``walking away,'' and so forth. 
When we leave the President of the United States discretion, as the 
Levin-Reed and other Senators', myself included, amendment did, you are 
leaving the President the discretion to continue to fight al-Qaida, you 
are leaving the President the discretion to finish standing up the 
Iraqi troops with training that is necessary to do that, and you are 
leaving the President full discretion to protect American forces and 
facilities and interests. What other purpose could there be to be in 
Iraq 5\1/2\ years after the start of war, which is when the date would, 
in fact, have cut in to leverage their change?
  That is not what we are here; in some ways, that is what we are here 
to debate. Specifically, that is not what we are debating about now 
because this is a Biden amendment which is a different amendment. I 
wish to speak to it for a moment.
  I have resisted what has previously been put forward as a partition 
plan because I don't think the United States of America can just walk 
in and ``partition.'' I think that would, in fact, smack of precisely 
part of the ingredients that have created the problem we inherited. 
That is what Winston Churchill and the British did shortly after the 
turn of the last century. The result was that they drew a lot of 
artificial lines between different people and created a state that 
never existed before, and we are inheriting some of the long-term 
impact and realities of those decisions. So we cannot come in and just 
partition it, which is why for over 3 years or more I have been pushing 
for a standing conference, a summit, a peace conference which brings 
the permanent five and the neighbors and the Iraqi factions that are 
struggling all to the table simultaneously to work through diplomacy in 
order to arrive at an understanding of how they can go forward.
  Diplomacy has always been the key to trying to find a political 
settlement in Iraq. It has been absent. One of the reasons I am now a 
cosponsor of this different amendment by Senator Biden and others is 
that it does not specifically seek to partition. Not for the long term, 
certainly, and not even in the short term does it seek to partition. 
What it seeks to do is honor what is already in the Iraqi Constitution 
as well as recognize the realities that have developed on the ground.
  Some 2 million-plus people have been displaced out of the country, 
some 1.1 million people are displaced within the country, and there has 
been an ethnic cleansing taking place over the course of the last few 
years that has resulted, for instance, in the city of Baghdad 
transitioning from a city that at the beginning of the war was 65 
percent Sunni to now it is 75 percent Shia, and the south is almost 
exclusively Shia, and the Sunni triangle is the Sunni triangle, with 
some exceptions, obviously. We know there are intermarriages. There are 
some pockets of places where there are still larger populations of 
either Sunni or Shia living in a larger either Sunni or Shia surrounded 
area.
  But the bottom line is this: There has been a huge shifting of 
populations according to ethnic lines that has taken place. There also 
is an awareness that there is fundamentally a failed government, almost 
failed state. Everyone, from President Bush to Prime Minister Maliki to 
General Petraeus, everybody involved with this at a decisionmaking 
level has acknowledged that there is no military solution, there is 
only a political solution. So if there is no military solution and 
there is only a political solution, what is the political solution? 
Clearly, the political solution--because we have seen over the last 
4\1/2\ years it is not going to be immediately, maybe down the road but 
not immediately--to have a strong central functioning government that 
somehow has the ability to work through the differences of Shia and 
Sunni divisions with a police that is

[[Page 25338]]

dysfunctional and an army that is largely Shia.
  One of the reasons the Sunni in Anbar have decided to fight al-Qaida 
and to join forces now is because they are being armed and trained and, 
in effect, are being put in a position to be able to defend their own 
interests within that region. They made a political decision before 
there was any military decision. The political decision they made was 
that they were tired of al-Qaida literally killing their children and 
abusing their villages. They made the political decision that they 
would be better off creating this power base of their own within the 
region, being trained, getting weapons, creating a Sunni capacity to 
respond and defend themselves. So the violence has, indeed, gone down, 
and al-Qaida has been diminished in its efforts in that region.
  We have to look at what happened. It was a political decision that 
preceded the presence of surge troops, escalated--whatever you want to 
call it--and that political decision has resulted in a transition. But 
there is nothing on the table that indicates the willingness or 
capacity of the central Government in Baghdad to make a similar kind of 
political decision for the Sunni with respect to the differences 
between Sunni and Shia.
  Similarly, you cannot make the difference with respect to the Kurds, 
who are essentially sitting up there in the north, independent of the 
rest of what is happening between Sunni and Shia, dealing with their 
own issue with Turkey and their own issue with some of the dislocation 
that took place in Kirkuk and elsewhere.
  What the Biden amendment does is honor, respect, and build on this 
reality which has developed on the ground. It takes the reality of an 
election, which was built on fundamental mistakes by our Government, by 
the Provisional Authority in the beginning that has created a 
fundamentally sectarian electoral base from which the decisionmaking is 
now being made which does not adequately and fully represent the 
interests that have to be reconciled in the end.
  So the way you get from here to there, which is the big question--how 
do you get from here to there--is through the diplomatic focus that is 
in this amendment. It calls on the international community to come 
together in the standing conference that many of us have talked about 
for several years, and it calls on that conference to recognize these 
realities and begin to build the local capacity. The Iraqis will decide 
in what structure, how many regions, or what those regions are.
  There is a complete respect for the sovereignty of Iraqis to make 
these decisions. What it does is encourage the effort of Americans to 
push in that direction and to create the awareness that may well be the 
best, most effective, most realistic, fastest way of pulling parties 
together to represent the interests that are not currently adequately 
represented within the governing process of Iraq, which is why they 
cannot reach a resolution.
  It is not that Iraqi politicians are not, frankly, tough enough to 
make that decision; it is that their constituencies do not want them to 
make that decision. That is the fundamental problem. The Shias are 
fundamentally committed to a Shia Islamic state, and they are not going 
to give up that notion when they do not have to, and they do not have 
to because they have been told that 130,000 American troops are going 
to be there well into next summer, and we will be right where we were 
last year when the country almost fell apart after all of this effort.
  If you have that kind of guarantee on the table, what leverage is 
there to make you change in a negotiation? What leverage is there if 
your real goal is to have a Shia Islamic state if 60 percent of the 
population has now been given at this unfair ballot box a power they 
could never achieve in 1,300 years of history in their relationship 
with Sunni and Shia? If they have suddenly been given that, what is 
going to make that 60 percent just give it up? They are not about to. 
And the 20 percent Sunni, many of whom are in the state of this 
insurgency, are sitting there saying: We understand that; therefore, we 
are not going to be adequately represented, and because we are not 
going to be adequately represented, we are going to continue to fight. 
There is no ingredient that changes that equation unless you get this 
kind of diplomacy and this kind of recognition of some of these 
realities on the ground.
  One wise observer of the region said to me the other day--a former 
Ambassador who has written much about Iraq and thought about it a lot--
they may just have to live apart before they can live together now in 
some of these places.
  That is not our goal for the long run. This doesn't destroy the idea 
of a national identity of Iraq. It doesn't undo that. It honors their 
own Constitution, which respects the notion of federalism. It allows 
for those entities to be defined by the Iraqis as to how they share the 
interests within those particular regions on which they decide. It 
also, obviously, calls on an oil law to ultimately be the linchpin of 
these kinds of political opinions because if they don't divide the 
revenues, there is no way, ultimately, you will be able to resolve 
these huge sectarian differences.
  I believe this amendment offers us a way forward. I have said since 
day one, back in 2004 when I was running nationally, I said then that 
this could be one of the solutions, the idea of division and federalism 
if the Iraqis decide on it. The only way to get to that point is to 
have the adequacy of diplomacy.
  For months, we have talked--the Senator from Virginia, Mr. Warner, 
Senator Lugar, the ranking member of the Foreign Relations Committee, 
Senator Hagel, and others--we have all talked about the need to get 
this adequate diplomacy going, and that is a central component of this 
sense-of-the-Congress amendment which Senator Biden is offering. We all 
know we cannot impose a solution on the Iraqis, and this amendment does 
not do that. We all know we cannot just walk in and divide up the 
country. This amendment does not do that. This respects the sovereignty 
of the Iraqis, and it respects the notion that Iraq is right now a 
failing state with a barely functioning central government that has not 
to date proven its capacity to be able to reconcile the fundamental 
differences over which the civil war is being fought. In fact, Iraq was 
recently ranked as the second weakest state in the world, second only 
to the Sudan. Nothing the Government in Baghdad does in the foreseeable 
future is going to change that reality.
  I believe this approach has the best opportunity to try to provide 
some of that stability, to help, to work, to buy time, to bring in the 
international community, to get the Perm Five and the neighbors and 
others working toward the longer term solution which this resolution 
also recognizes is important.
  We need to change the mission, yes, and I have voted to do that and 
worked hard with the Senator from Michigan and others to do it. I still 
believe we need a firm deadline because without it, I don't believe we 
have leverage. And in the absence of leverage, we certainly are not 
going to get these kinds of reconciliations and compromises that are 
necessary.
  Senator Biden's amendment recognizes that these are not mutually 
exclusive at all. We can push for those other things and still push for 
this sense-of-the-Congress amendment because accepting federalism, in 
fact, makes it easier to change the mission and makes it easier to 
allow the vast majority of our troops to leave a reasonably stable Iraq 
when they do finally leave.
  For those reasons, Mr. President, I support this amendment, and I 
urge my colleagues to do the same. I congratulate the Senator from 
Delaware for his efforts on this amendment.
  Mr. WARNER. Mr. President, I wish to make it clear that I am inclined 
to support this amendment also.
  Momentarily, the distinguished Senator from Delaware is going to move 
to amend the pending amendment at the desk, to reflect some corrections 
and alleviate some concerns I and other colleagues have. But I wish to 
make it eminently clear this is not a mission

[[Page 25339]]

amendment. This is along the lines of the need for greater diplomatic 
involvement.
  As a matter of fact, I can look back a year or so when my colleague 
was standing at that very desk and we had an amendment at that time on 
the previous authorization bill that he felt very strongly about. As a 
matter of fact, we gave it consideration at that time. It did not 
eventually become the law. Or in some respects it did.
  Mr. KERRY. I say to my friend from Virginia we actually passed my 
amendment that did require the international effort we are talking 
about. Regrettably, we are a year later, and that international 
leverage has still not come to fruition, so I am delighted now.
  Mr. WARNER. Well, Mr. President, I wanted to reflect that the Senator 
from Massachusetts was on this very point some time back, and now I 
think the realization is that, momentarily, we will have the 
opportunity to vote on this. I would not predict the outcome, but I 
thank him very much for his contributions.
  I wonder if I could invite our colleague from Delaware, given there 
is some likelihood that we can get the UC to have a vote, if he might 
want to amend his amendment at this time.
  Mr. BIDEN. Mr. President, before I do that, I would like to ask the 
Senator from Massachusetts----
  Mr. WARNER. Mr. President, I have now been informed there is some 
objection to any amendments at this point in time.
  Mr. LEVIN. If the Senator will yield, I don't believe there is an 
objection to the amendment. I think it is not in order at this moment 
to offer the modification.
  Mr. WARNER. In any event, at this point we will not seek to do the 
amendments, for whatever technical reason there may be, but I would 
like to do it when we can get to it.
  The PRESIDING OFFICER (Mr. Menendez). The Senator from Delaware.
  Mr. BIDEN. Mr. President, I will not bring up the amendment or amend 
it now, but because time is of the essence for a lot of our colleagues, 
I wish to speak to what the changes are that were recommended by 
Senator Warner and others.
  But before the Senator from Massachusetts leaves the floor, I wish to 
say to him--and I hope it will not in any way cause him any 
difficulty--he and I have been close friends for over 30 years, and I 
want him to know, and I want my colleagues to know, that much of what 
this amendment we are hopefully going to vote on is about is what the 
Senator and I have talked about for the last 4 years and that he has 
led on, including the international piece.
  As a matter of fact, he led on it from a different perspective, as a 
candidate, as well. So I wish to tell him how grateful I am for his 
joining in this amendment. Quite frankly, it is a big deal that he is, 
and it adds not only credibility to the amendment in terms of our 
colleagues, but it adds, quite frankly, an international credibility to 
it because an awful lot of people around the world look to my colleague 
for his insights into what we do about the most critical issue facing 
American foreign policy today.
  The truth is, in order for us to regain the kind of leadership in the 
world that I would argue we are lacking, we have to settle Iraq, and we 
cannot do it on our own. There is a need for the international 
community. Even if this answer is the perfect answer, it cannot be made 
in America any longer.
  So I wish to thank my colleague and acknowledge that I have learned 
from him, and I wish to thank him for--and I know we use the phrase 
very blithely around here--his leadership. But I mean that. I wish to 
thank him for his leadership. He has been absolutely totally consistent 
on this point from before the time we actually used force in Iraq until 
today. So I want the record to reflect that.
  Mr. President, while we are waiting to determine whether we are going 
to be able to proceed on the amendment, I think the concerns raised by 
several of my friends have been incorporated in the changes that have 
been made. I am not moving to amend it now, but I am going to tell my 
colleagues what the Biden-Brownback amendment will be.
  In the findings clauses, finding No. (3) has been added, and it is to 
reflect the concern raised by the distinguished Senator from Arizona, 
Senator Kyl--and I suspect others, but Senator Kyl is the one who 
raised this with us, in that he wanted to make it clear--
  Mr. WARNER. The Senator is correct. I brought it to your attention at 
the request of Senator Kyl.
  Mr. BIDEN. We incorporated the exact language I was originally given, 
with the advice of my colleague from Virginia, and it says:

       A central focus of al-Qaida in Iraq has been to turn 
     sectarian division in Iraq into sectarian violence through a 
     concentrated series of attacks, the most significant being 
     the destruction of the Golden Dome.

  So that is one change, one addition we made. A second change we made 
was at the request, I believe, and I would stand corrected, of both the 
chairman and the ranking member of the Armed Services Committee, which 
was deleting a word. It says:

       Iraq must reach a comprehensive and sustainable political 
     settlement in order--

  No, that is not true. I am getting the wrong section. I will ask my 
staff what the second change is, and I will go to the third change. The 
reason I can't find the change is because we took out the word, and I 
am trying to recall where we took the word out.
  The third thing we changed is the provision in the original 
resolution to incorporate the strongly held view of the chairman of the 
Armed Services Committee that we not be forcing upon Iraq anything that 
is inconsistent with their wishes. The paragraph originally read:

       The United States should actively support a political 
     settlement in Iraq based upon the final provisions of the 
     Constitution of Iraq that create a federal system of 
     government and allow for certain federal regions consistent 
     with the wishes of the Iraqi people and their elected 
     leaders.

  And then, I believe at the request or suggestion of the distinguished 
ranking member from Virginia, the actual last paragraph of the 
resolution, paragraph 5, says:

       Nothing in this act should be construed in any way to 
     infringe on the sovereign rights of the Nation of Iraq.
  Again, both my colleagues can explain their motivation better than I, 
but the central point that is attempted to be achieved is to make it 
clear that neither Senator Brownback nor I, nor any of the cosponsors, 
believe we should be imposing a political solution on the Iraqi people. 
It is sort of self-evident to me that you cannot impose a political 
solution. A political solution has to be arrived at by the competing 
parties. I would argue, as I think my colleagues in the Armed Services 
Committee would agree now, that what we are doing is consistent with 
Iraq's Constitution and consistent with the ability of the Iraqis to 
further amend their Constitution to come to a different conclusion.
  Mr. WARNER. If the Senator will yield for the purpose of my 
commenting on this.
  Mr. BIDEN. I will be delighted to yield to the Senator from Virginia.
  Mr. WARNER. Paragraph 5 is the language recommended by the Senator 
from Virginia.
  Incidentally, Senator McCain is the ranking member. I had that job 
off and on for 18 years.
  Mr. BIDEN. I am sorry. I am so used to the Senator being chairman.
  Mr. WARNER. I wished to reflect that my colleague, Senator McCain, is 
the distinguished ranking member.
  But I put in paragraph 5, because this is a very challenging 
amendment, and I wanted to make certain that in no way did we overstep 
on the question of sovereignty. The word ``sovereignty'' is well 
described in international law and in other means as an accepted term, 
and it is well understood, so I am delighted the Senator agreed to put 
that in.
  Lastly, when we look at the enormity of the sacrifices of our country 
over these many years now--most notably the tragic loss of some 3,000, 
almost 3,800 individuals and many more wounded, and expenditures of so 
much of the taxpayers' funds--the contributions of all of that has 
gotten us to

[[Page 25340]]

where we are today. The keystone of those achievements is the 
sovereignty that has been given to the Iraqi people. That is the major 
contribution of the enormity of our sacrifice through these years. So 
in no way did we want to backstep from all of this hard-fought ground 
to achieve sovereignty for the Iraqi people.
  So I am delighted the Senator accepted that. Then, if we can look at 
one other paragraph, Senator, and that was on page 2, paragraph (4), 
the Senator was going to consider deleting the word ``increasing'' 
correct?
  Mr. BIDEN. As I understand, the distinguished ranking member of the 
Foreign Relations Committee, Senator Lugar, suggested that instead of 
`` . . . Iraqis to reach such a settlement is a primary cause of 
increasing violence in Iraq,'' he wished the word ``increasing'' be 
struck from the language. It now reads: `` . . . settlement is the 
primary cause of violence in Iraq.''
  So we have struck that. To the best of my knowledge, I say to my 
friend from Virginia, I think we have accommodated all the changes that 
were suggested.
  Mr. WARNER. Mr. President, first going to paragraph (4), deleting 
``increasing'' and the concern of the distinguished ranking member, 
Senator Lugar, it was also a concern to the Department of State. So 
that has been done.
  All the concerns that have been brought to this Senator's attention, 
the Senator from Virginia, I think have been met by the Senator from 
Delaware, and it is for that reason I am pleased, if and when we get to 
the vote, to cast a vote in favor of this because I think it is an 
important amendment.
  Also, if I may say, it reflects a goal that I and many others have 
had for a long time; namely, to have a showing of some bipartisanship. 
I am hopeful this will draw votes from not only your side of the aisle 
but this side of the aisle, and it can be viewed as a truly bipartisan 
amendment. Certainly, you have distinguished cosponsors on it, Senator 
Brownback, Senator Hutchison, Senator Specter, and others, so I believe 
it will be viewed as a bipartisan amendment. And that in and of itself 
is an important contribution to this debate all around.
  Mr. BIDEN. Mr. President, I see the chairman has risen. Does he wish 
to speak?
  Mr. LEVIN. If the Senator will yield.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I wish to briefly thank and commend the 
Senator from Delaware for his ongoing leadership in a very critical 
area, and that is the area of federalism in Iraq. He has made it clear 
in his amendment, he has made it clear in his remarks that the 
federalism he is referring to is the federalism which the Iraqis have 
placed in their Constitution.
  Mr. BIDEN. That is correct.
  Mr. LEVIN. There is no effort here to impose our view of federalism 
or an outside view of federalism on the Iraqis. It is their view of 
federalism, reflected in their own Constitution, that the Senator has 
viewed as a real potential solution to the violence in the provinces in 
Iraq.
  So I wish to thank the Senator from Delaware, and perhaps at this 
point, if I could get the attention of the Senator from Delaware, in 
order to save time later, he and I have entered into a colloquy which 
doesn't need to be made part of the Record at this time, it could be 
put in the Record after the amendment is modified.
  So I ask unanimous consent that after the amendment is modified to 
have printed in the Record a colloquy between myself and the Senator 
from Delaware.
  The PRESIDING OFFICER. Is there objection?
  Mr. THUNE. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. LEVIN. Mr. President, the colloquy which we will offer then at a 
later time refers to two changes that have been made, or will be 
offered to the amendment by the Senator from Delaware, modifying his 
own amendment, which he has a right to do.
  The first suggestion I made, which he has readily accepted, is to 
make it clear the federalism that is being referred to in his language 
is the federalism in the Iraqi Constitution as it now reads or as it 
may be amended. In the event that the Iraqis' constitutional commission 
makes recommendations on that subject, and if those recommendations are 
accepted by the people, it is their view of federalism, in the current 
Constitution or in an amended Constitution, the word he added being 
``final,'' that he is referring to. I thank him for that.
  Also, I thank him for accepting language which makes it clear that 
the federalism he is referring to is a system of government that allows 
for the creation of Federal regions. The words that are now added, or 
would be added when it is modified are ``consistent with the wishes of 
the Iraqi people and their elected leaders.''
  The reason I propose that is we have to be very clear that what the 
Senator from Delaware is focusing on is a Federal system which the 
Iraqi people either have adopted or will adopt. This is something 
consistent with their wishes, not ours. What we wish them to do is get 
on with their solutions, their political solutions. What the Senator 
from Delaware is so properly focusing on, and I think this Nation 
should be in his debt for it, is the potential of a Federal system as 
they designed it for addressing their problems.
  We have seen the value of federalism here, but it is not our version 
of it that the Senator is talking about. It is the idea of federalism 
and how you are able to adjust powers between the central government 
and regions which has such potential for finally ending the violence in 
Iraq. He recommends it. We all, I hope, will support that as being a 
potential solution--not imposed on them but one which they have 
fashioned in their own Constitution, have adopted in their own 
Constitution, can amend in their own Constitution. That, it seems to 
me, is a very valuable contribution for which I commend the Senator.
  He can offer, on our behalf, a colloquy at the appropriate time 
relative to the modification when it is offered.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KYL. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arizona is recognized.
  Mr. KYL. I wanted to clarify one thing. Through no fault of the 
Senator from Delaware--he was under the impression that certain 
language he agreed to, to change his resolution, had come from me, and 
he had reason to believe that. It did not come from me, but that is not 
his mistake. But I did want to clarify the record that the language 
that he had agreed to had not been language that came from me. For 
reasons I will not go into at this point, I still have concerns about 
the resolution as a result. But it is not the fault of the Senator from 
Delaware that he was under the impression that it was language from me.
  The PRESIDING OFFICER. The Senator from Delaware is recognized.
  Mr. BIDEN. Mr. President, I understand. The Senator is correct; I was 
under a misimpression.
  As I understand it, for our colleagues here--and I say to my 
colleague from Michigan, the chairman, I understand it would 
accommodate other Senators if we were to set a time certain to vote 
tomorrow morning on this amendment and, I guess, I don't know, the 
Lieberman amendment--Lieberman/Kyl. I don't know that. But if it is at 
all possible, I know it should not be a consideration of the Senate and 
obviously whatever the Senate's will I would abide by it, but it would 
be very helpful to me as a practical matter--there are these pesky 
little Presidential debates that intervene and there is one tomorrow in 
New Hampshire. If it accommodates the body I would be delighted to do 
it this evening, but if we could consider doing it at 10 o'clock in the 
morning, it would be very much appreciated by the

[[Page 25341]]

Senator from Delaware--if that is possible.
  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  Mr. WARNER. Mr. President, the situation the Senator has stated is 
under consideration by the leadership at this very moment and I am 
hopeful the body can be informed shortly with respect to the leaders' 
wishes with respect to time.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEVIN. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


Amendments Nos. 2952, as Modified; 2870, 2917, 2973, 2095, 2975, 2951, 
2978, 2956, 2932, 2979, 2943, 2982, 2981, 2158, 2977, 2962, 2950, 2969, 
3021, 2920, 2929, 2197, 2290, 2936, 3007, 2995, 3029, 2980, 3023, 3024, 
     2963, 3030, as Modified; 3044, to amendment No. 2011, en bloc

  Mr. LEVIN. Mr. President, I send a series of 34 amendments to the 
desk, which have been cleared by myself and the ranking member. 
Therefore, I ask unanimous consent that the Senate consider those 
amendments en bloc, the amendments be agreed to, the motions to 
reconsider be laid on the table, and I ask that any statements relating 
to any of these individual amendments be printed in the Record.
  Mr. WARNER. No objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments were agreed to, as follows:


                    Amendment No. 2952, as Modified

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

     SEC. 827. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE 
                   PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES.

       (a) Authority To Procure.--The Secretary of Defense may 
     procure fire resistant rayon fiber for the production of 
     uniforms that is manufactured in a foreign country referred 
     to in subsection (d) if the Secretary determines either of 
     the following:
       (1) That fire resistant rayon fiber for the production of 
     uniforms is not available from sources within the national 
     technology and industrial base.
       (2) That--
       (A) procuring fire resistant rayon fiber manufactured from 
     suppliers within the national technology and industrial base 
     would result in sole-source contracts or subcontracts for the 
     supply of fire resistant rayon fiber; and
       (B) such sole-source contracts or subcontracts would not be 
     in the best interests of the Government or consistent with 
     the objectives of section 2304 of title 10, United States 
     Code.
       (b) Submission to Congress.--Not later than 30 days after 
     making a determination under subsection (a), the Secretary 
     shall submit to Congress a copy of the determination.
       (c) Applicability to Subcontracts.--The authority under 
     subsection (a) applies with respect to subcontracts under 
     Department of Defense contracts as well as to such contracts.
       (d) Foreign Countries Covered.--The authority under 
     subsection (a) applies with respect to a foreign country 
     that--
       (1) is a party to a defense memorandum of understanding 
     entered into under section 2531 of this title; and
       (2) does not discriminate against defense items produced in 
     the United States to a greater degree than the United States 
     discriminates against defense items produced in that country.
       (e) National Technology and Industrial Base Defined.--In 
     this section, the term ``national technology and industrial 
     base'' has the meaning given that term in section 2500 of 
     title 10, United States Code.
       (f) Sunset.--The authority under subsection (a) shall 
     expire on the date that is five years after the date of the 
     enactment of this Act.


                           Amendment No. 2870

(Purpose: To require an annual report on cases reviewed by the National 
        Committee for Employer Support of the Guard and Reserve)

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

     SEC. 1044. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL 
                   COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND 
                   RESERVE.

       Section 4332 of title 38, United States Code, is amended--
       (1) by redesignating paragraphs (2), (3), (4), (5), and (6) 
     as paragraphs (3), (4), (5), (6), and (7) respectively;
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The number of cases reviewed by the Secretary of 
     Defense under the National Committee for Employer Support of 
     the Guard and Reserve of the Department of Defense during the 
     fiscal year for which the report is made.''; and
       (3) in paragraph (5), as so redesignated, by striking 
     ``(2), or (3)'' and inserting ``(2), (3), or (4)''.


                           Amendment No. 2917

  (Purpose: To extend and enhance the authority for temporary lodging 
 expenses for members of the Armed Forces in areas subject to a major 
    disaster declaration or for installations experiencing a sudden 
                     increase in personnel levels)

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

     SEC. 604. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR 
                   TEMPORARY LODGING EXPENSES FOR MEMBERS OF THE 
                   ARMED FORCES IN AREAS SUBJECT TO MAJOR DISASTER 
                   DECLARATION OR FOR INSTALLATIONS EXPERIENCING 
                   SUDDEN INCREASE IN PERSONNEL LEVELS.

       (a) Maximum Period of Receipt of Expenses.--Section 
     404a(c)(3) of title 37, United States Code, is amended by 
     striking ``20 days'' and inserting ``60 days''.
       (b) Extension of Authority for Increase in Certain BAH.--
     Section 403(b)(7)(E) of such title is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007.


                           Amendment No. 2973

    (Purpose: To express the sense of Congress on the provision of 
   equipment for the National Guard for the defense of the homeland)

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

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

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


                           Amendment No. 2095

  (Purpose: To expedite the prompt return of the remains of deceased 
      members of the Armed Forces to their loved ones for burial)

       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.''.


                           amendment no. 2975

 (Purpose: to require a report on the status of the application of the 
 Uniform Code of Military Justice during a time of war or contingency 
                               operation)

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


                           AMENDMENT NO. 2951

   (Purpose: To require the Secretary of the Navy to make reasonable 
 efforts to notify certain former residents and civilian employees at 
 Camp Lejeune, North Carolina, of their potential exposure to certain 
                      drinking water contaminants)

       At the end of title X, add the following:

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

       (a) Notification of Individuals Served by Tarawa Terrace 
     Water Distribution System, Including Knox Trailer Park.--Not

[[Page 25342]]

     later than one year after the date of the enactment of this 
     Act, the Secretary of the Navy shall make reasonable efforts 
     to identify and notify directly individuals who were served 
     by the Tarawa Terrace Water Distribution System, including 
     Knox Trailer Park, at Camp Lejeune, North Carolina, during 
     the years 1958 through 1987 that they may have been exposed 
     to drinking water contaminated with tetrachloroethylene 
     (PCE).
       (b) Notification of Individuals Served by Hadnot Point 
     Water Distribution System.--Not later than one year after the 
     Agency for Toxic Substances and Disease Registry (ATSDR) 
     completes its water modeling study of the Hadnot Point water 
     distribution system, the Secretary of the Navy shall make 
     reasonable efforts to identify and notify directly 
     individuals who were served by the system during the period 
     identified in the study of the drinking water contamination 
     to which they may have been exposed.
       (c) Notification of Former Civilian Employees at Camp 
     Lejeune.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of the Navy shall make 
     reasonable efforts to identify and notify directly civilian 
     employees who worked at Camp Lejeune during the period 
     identified in the ATSDR drinking water study of the drinking 
     water contamination to which they may have been exposed.
       (d) Circulation of Health Survey.--
       (1) Finding.--Congress makes the following findings:
       (A) Notification and survey efforts related to the drinking 
     water contamination described in this section are necessary 
     due to the potential negative health impacts of these 
     contaminants.
       (B) The Secretary of the Navy will not be able to identify 
     or contact all former residents due to the condition, non-
     existence, or accessibility of records.
       (C) It is the intent of Congress is that the Secretary of 
     the Navy contact as many former residents as quickly as 
     possible.
       (2) ATSDR health survey.--
       (A) Development.--Not later than 120 days after the date of 
     the enactment of this Act, the ATSDR, in consultation with 
     the National Opinion Research Center, shall develop a health 
     survey that would voluntarily request of individuals 
     described in subsections (a), (b), and (c) personal health 
     information that may lead to scientifically useful health 
     information associated with exposure to TCE, PCE, vinyl 
     chloride, and the other contaminants identified in the ATSDR 
     studies that may provide a basis for further reliable 
     scientific studies of potentially adverse health impacts of 
     exposure to contaminated water at Camp Lejeune.
       (B) Inclusion with notification.--The survey developed 
     under subparagraph (A) shall be distributed by the Secretary 
     of the Navy concurrently with the direct notification 
     required under subsections (a), (b), and (c).
       (e) Use of Media to Supplement Notification.--The Secretary 
     of the Navy may use media notification as a supplement to 
     direct notification of individuals described under 
     subsections (a), (b), and (c). Media notification may reach 
     those individuals not identifiable via remaining records; 
     once individuals respond to media notifications, the 
     Secretary will add them to the contact list to be included in 
     future information updates.


                           AMENDMENT NO. 2978

  (Purpose: To require a report on housing privatization initiatives)

       At the end of title XXVIII, add the following:

     SEC. 2864. REPORT ON HOUSING PRIVATIZATION INITIATIVES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on housing privatization transactions carried out by 
     the Department of Defense that are behind schedule or in 
     default.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A list of current housing privatization transactions 
     carried out by the Department of Defense that are behind 
     schedule or in default.
       (2) In each case in which a transaction is behind schedule 
     or in default, a description of --
       (A) the reasons for schedule delays, cost overruns, or 
     default;
       (B) how solicitations and competitions were conducted for 
     the project;
       (C) how financing, partnerships, legal arrangements, 
     leases, or contracts in relation to the project were 
     structured;
       (D) which entities, including Federal entities, are bearing 
     financial risk for the project, and to what extent;
       (E) the remedies available to the Federal Government to 
     restore the transaction to schedule or ensure completion of 
     the terms of the transaction in question at the earliest 
     possible time;
       (F) the extent to which the Federal Government has the 
     ability to affect the performance of various parties involved 
     in the project;
       (G) remedies available to subcontractors to recoup liens in 
     the case of default, non-payment by the developer or other 
     party to the transaction or lease agreement, or re-
     structuring;
       (H) remedies available to the Federal Government to affect 
     receivership actions or transfer of ownership of the project; 
     and
       (I) names of the developers for the project and any history 
     of previous defaults or bankruptcies by these developers or 
     their affiliates.
       (3) In each case in which a project is behind schedule or 
     in default, recommendations regarding the opportunities for 
     the Federal Government to ensure that all terms of the 
     transaction are completed according to the original schedule 
     and budget.


                           AMENDMENT NO. 2956

(Purpose: To express the sense of the Senate on use by the Air Force of 
                 towbarless aircraft ground equipment)

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

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

       It is the sense of the Senate to encourage the Air Force to 
     give full consideration to the potential operational utility, 
     cost savings, and increased safety afforded by the 
     utilization of towbarless aircraft ground equipment.


                           AMENDMENT NO. 2932

   (Purpose: To provide for the provision of contact information on 
 separating members of the Armed Forces to the veterans department or 
   agency of the State in which such members intend to reside after 
                              separation)

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

     SEC. 1031. PROVISION OF CONTACT INFORMATION ON SEPARATING 
                   MEMBERS OF THE ARMED FORCES TO STATE VETERANS 
                   AGENCIES.

       For each member of the Armed Forces pending separation from 
     the Armed Forces or who detaches from the member's regular 
     unit while awaiting medical separation or retirement, not 
     later than the date of such separation or detachment, as the 
     case may be, the Secretary of Defense shall, upon the request 
     of the member, provide the address and other appropriate 
     contact information of the member to the State veterans 
     agency in the State in which the member will first reside 
     after separation or in the State in which the member resides 
     while so awaiting medical separation or retirement, as the 
     case may be.


                           AMENDMENT NO. 2979

    (Purpose: To express the sense of Congress on the future use of 
                  synthetic fuels in military systems)

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

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

       It is the sense of Congress to encourage the Department of 
     Defense to continue and accelerate, as appropriate, the 
     testing and certification of synthetic fuels for use in all 
     military air, ground, and sea systems.


                           AMENDMENT NO. 2943

(Purpose: To require a report on the workforce required to support the 
       nuclear missions of the Navy and the Department of Energy)

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

     SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE 
                   NUCLEAR MISSIONS OF THE NAVY AND THE DEPARTMENT 
                   OF ENERGY.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of Energy shall each submit to Congress a report on 
     the requirements for a workforce to support the nuclear 
     missions of the Navy and the Department of Energy during the 
     10-year period beginning on the date of the report.
       (b) Elements.--The report shall address anticipated changes 
     to the nuclear missions of the Navy and the Department of 
     Energy during the 10-year period beginning on the date of the 
     report, anticipated workforce attrition, and retirement, and 
     recruiting trends during that period and knowledge retention 
     programs within the Department of Defense, the Department of 
     Energy, the national laboratories, and federally funded 
     research facilities.


                           AMENDMENT NO. 2982

(Purpose: To authorize the establishment of special reimbursement rates 
  for the provision of mental health care services under the TRICARE 
                                program)

       At the end of title VII, add the following:

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

       (a) Authority.--Section 1079(h)(5) of title 10, United 
     States Code, is amended in the first sentence by inserting 
     ``, including mental health care services,'' after ``health 
     care services''.
       (b) Report on Access to Mental Health Care Services.--Not 
     later than one year after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the Committees 
     on Armed Services of the Senate

[[Page 25343]]

     and the House of Representatives a report on the adequacy of 
     access to mental health services under the TRICARE program, 
     including in the geographic areas where surveys on the 
     continued viability of TRICARE Standard and TRICARE Extra are 
     conducted under section 702 of this Act.


                           AMENDMENT NO. 2981

 (Purpose: To require an evaluation of the strategic plan for advanced 
       computing of the National Nuclear Security Administration)

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

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

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


                           AMENDMENT NO. 2158

 (Purpose: To ensure the eligibility of certain heavily impacted local 
 educational agencies for impact aid payments under section 8003(b)(2) 
 of the Elementary and Secondary Education Act of 1965 for fiscal year 
                   2008 and succeeding fiscal years)

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

     SECTION 565. HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--For fiscal year 2008 and each succeeding 
     fiscal year, the Secretary of Education shall--
       (1) deem each local educational agency that was eligible to 
     receive 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 basic support 
     payment for heavily impacted local educational agencies under 
     such section for the fiscal year for which the determination 
     is made under this subsection; and
       (2) make a payment to such local educational agency under 
     such section for such fiscal year.
       (b) Effective Dates.--Subsection (a) shall remain in effect 
     until the date that a Federal statute is enacted authorizing 
     the appropriations for, or duration of, any program under 
     title VIII of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7701 et seq.) for fiscal year 2008 or any 
     succeeding fiscal year.


                           AMENDMENT NO. 2977

    (Purpose: To provide for physician and health care professional 
  comparability allowances to improve and enhance the recruitment and 
 retention of medical and health care personnel for the Department of 
                                Defense)

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

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

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

[[Page 25344]]

     chapter 81 or 87 of such title, or other benefits related to 
     basic pay.
       (2) Payment.--Any allowance under this section for a 
     Department of Defense physician or Department of Defense 
     health care professional shall be paid in the same manner and 
     at the same time as the basic pay of the physician or health 
     care professional is paid.
       (3) Construction with certain authority.--The authority to 
     pay allowances under this section may not be exercised 
     together with the authority in section 5948 of title 5, 
     United States Code.
       (h) Annual Report.--
       (1) Annual report.--Not later than June 30 each year, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a written report on the operation of 
     this section during the preceding year. Each report shall 
     include--
       (A) with respect to the year covered by such report, 
     information as to--
       (i) the nature and extent of the recruitment or retention 
     problems justifying the use by the Department of Defense of 
     the authority under this section;
       (ii) the number of physicians and health care professionals 
     with whom agreements were entered into by the Department of 
     Defense;
       (iii) the size of the allowances and the duration of the 
     agreements entered into; and
       (iv) the degree to which the recruitment or retention 
     problems referred to in clause (i) were alleviated under this 
     section; and
       (B) such recommendations as the Secretary considers 
     appropriate for actions (including legislative actions) to 
     improve or enhance the authorities in this section to achieve 
     the purpose specified in subsection (a)(1).
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committees on Armed Services and Homeland Security 
     and Governmental Affairs of the Senate; and
       (B) the Committees on Armed Services and Homeland Security 
     of the House of Representatives.
       (i) Definitions.--In this section:
       (1) The term ``Department of Defense health care 
     professional'' means any individual employed by the 
     Department of Defense who is a qualified health care 
     professional employed as a health care professional and paid 
     under any provision of law specified in subparagraphs (A) 
     through (G) of paragraph (2).
       (2) The term ``Department of Defense physician'' means any 
     individual employed by the Department of Defense as a 
     physician or dentist who is paid under a provision or 
     provisions of law as follows:
       (A) Section 5332 of title 5, United States Code, relating 
     to the General Schedule.
       (B) Subchapter VIII of chapter 53 of title 5, United States 
     Code, relating to the Senior Executive Service.
       (C) Section 5371 of title 5, United States Code, relating 
     to certain health care positions.
       (D) Section 5376 of title 5, United States Code, relating 
     to certain senior-level positions.
       (E) Section 5377 of title 5, United States Code, relating 
     to critical positions.
       (F) Subchapter IX of chapter 53 of title 5, United States 
     Code, relating to special occupational pay systems.
       (G) Section 9902 of title 5, United States Code, relating 
     to the National Security Personnel System.
       (3) The term ``qualified health care professional'' means 
     any individual who is--
       (A) a psychologist who meets the Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Psychologist as required by the position to be 
     filled;
       (B) a nurse who meets the applicable Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Nurse as required by the position to be filled;
       (C) a nurse anesthetist who meets the applicable Office of 
     Personnel Management Qualification Standards for the 
     Occupational Series of Nurse as required by the position to 
     be filled;
       (D) a physician assistant who meets the applicable Office 
     of Personnel Management Qualification Standards for the 
     Occupational Series of Physician Assistant as required by the 
     position to be filled;
       (E) a social worker who meets the applicable Office of 
     Personnel Management Qualification Standards for the 
     Occupational Series of Social Worker as required by the 
     position to be filled; or
       (F) any other health care professional designated by the 
     Secretary of Defense for purposes of this section.
       (j) Termination.--No agreement may be entered into under 
     this section after September 30, 2012.


                           amendment no. 2962

(Purpose: To implement the recommendations of the Department of Defense 
                      Task Force on Mental Health)

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

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

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


                           amendment no. 2950

(Purpose: To require a study and report on the feasibility of including 
   additional elements in the pilot program utilizing an electronic 
 clearinghouse for support of the disability evaluation system of the 
                         Department of Defense)

       At the end of title II, add the following:

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

       (a) Study Required.--In conjunction with the development of 
     the pilot program utilizing an electronic clearinghouse for 
     support of the disability evaluation system of the Department 
     of Defense authorized under this Act, the Secretary of 
     Defense shall conduct a study on the feasibility of including 
     in the required pilot program the following additional 
     elements:
       (1) A means to allow each recovering service member, each 
     family member of such a member, each commander of a military 
     installation retaining medical holdover patients, each 
     patient navigator, and ombudsman office personnel, at all 
     times, to be able to locate and understand exactly where a 
     recovering service member is in the medical holdover process.
       (2) A means to ensure that the commander of each military 
     medical facility where recovering service members are located 
     is able to track appointments of such members to ensure they 
     are meeting timeliness and other standards that serve the 
     member.
       (3) A means to ensure each recovering service member is 
     able to know when his or her appointments and other medical 
     evaluation board or physical evaluation board deadlines will 
     be and that they have been scheduled in a timely and accurate 
     manner.

[[Page 25345]]

       (4) Any other information needed to conduct oversight of 
     care of the member through out the medical holdover process.
       (5) Information that will allow the Secretaries of the 
     military departments and the Under Secretary of Defense for 
     Personnel and Readiness to monitor trends and problems.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the results of the 
     study, with such findings and recommendations as the 
     Secretary considers appropriate.


                           amendment no. 2969

(Purpose: To provide for the establishment of a Center of Excellence in 
  Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of 
                         Military Eye Injuries)

       At the end of title VII, add the following:

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

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

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

       ``(a) In General.--The Secretary of Defense shall establish 
     within the Department of Defense a center of excellence in 
     the prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of military eye injuries to carry out the 
     responsibilities specified in subsection (c). The center 
     shall be known as a `Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of 
     Military Eye Injuries'.
       ``(b) Partnerships.--The Secretary shall ensure that the 
     Center collaborates to the maximum extent practicable with 
     the Department of Veterans Affairs, institutions of higher 
     education, and other appropriate public and private entities 
     (including international entities) to carry out the 
     responsibilities specified in subsection (c).
       ``(c) Responsibilities.--(1) The Center shall--
       ``(A) develop, implement, and oversee a registry of 
     information for the tracking of the diagnosis, surgical 
     intervention or other operative procedure, other treatment, 
     and follow up for each case of eye injury incurred by a 
     member of the armed forces in combat that requires surgery or 
     other operative intervention; and
       ``(B) ensure the electronic exchange with Secretary of 
     Veterans Affairs of information obtained through tracking 
     under subparagraph (A).
       ``(2) The registry under this subsection shall be known as 
     the `Military Eye Injury Registry'.
       ``(3) The Center shall develop the Registry in consultation 
     with the ophthalmological specialist personnel and optometric 
     specialist personnel of the Department of Defense. The 
     mechanisms and procedures of the Registry shall reflect 
     applicable expert research on military and other eye 
     injuries.
       ``(4) The mechanisms of the Registry for tracking under 
     paragraph (1)(A) shall ensure that each military medical 
     treatment facility or other medical facility shall submit to 
     the Center for inclusion in the Registry information on the 
     diagnosis, surgical intervention or other operative 
     procedure, other treatment, and follow up for each case of 
     eye injury described in that paragraph as follows (to the 
     extent applicable):
       ``(A) Not later than 72 hours after surgery or other 
     operative intervention.
       ``(B) Any clinical or other operative intervention done 
     within 30 days, 60 days, or 120 days after surgery or other 
     operative intervention as a result of a follow-up 
     examination.
       ``(C) Not later than 180 days after surgery or other 
     operative intervention.
       ``(5)(A) The Center shall provide notice to the Blind 
     Service or Low Vision Optometry Service, as applicable, of 
     the Department of Veterans Affairs on each member of the 
     armed forces described in subparagraph (B) for purposes of 
     ensuring the coordination of the provision of visual 
     rehabilitation benefits and services by the Department of 
     Veterans Affairs after the separation or release of such 
     member from the armed forces.
       ``(B) A member of the armed forces described in this 
     subparagraph is a member of the armed forces as follows:
       ``(i) A member with an eye injury incurred in combat who 
     has a visual acuity of \20/200\ or less in either eye.
       ``(ii) A member with an eye injury incurred in combat who 
     has a loss of peripheral vision of twenty degrees or less.
       ``(d) Utilization of Registry Information.--The Secretary 
     of Defense and the Secretary of Veterans Affairs shall 
     jointly ensure that information in the Military Eye Injury 
     Registry is available to appropriate ophthalmological and 
     optometric personnel of the Department of Veterans Affairs 
     for purposes of encouraging and facilitating the conduct of 
     research, and the development of best practices and clinical 
     education, on eye injuries incurred by members of the armed 
     forces in combat.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1105 the following new 
     item:

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

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


                           AMENDMENT NO. 3021

  (Purpose: To require a Comptroller General report on actions by the 
 Defense Finance and Accounting Service in response to the decision in 
                 Butterbaugh v. Department of Justice)

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

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

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

[[Page 25346]]

       (7) A statement of the number of claims by members of the 
     reserve components of the Armed Forces under the decision in 
     Butterbaugh v. Department of Justice that have been 
     adjudicated by the Defense Finance and Accounting Service.
       (8) A statement of the number of claims by members of the 
     reserve components of the Armed Forces under the decision in 
     Butterbaugh v. Department of Justice that have been denied by 
     the Defense Finance and Accounting Service.
       (9) A comparative assessment of the average amount of time 
     required for the Defense Finance and Accounting Service to 
     resolve a claim under the decision in Butterbaugh v. 
     Department of Justice with the average amount of time 
     required by other Federal agencies (as so selected) to 
     resolve a claim under that decision.
       (10) A comparative statement of the backlog of claims with 
     the Defense Finance and Accounting Service under the decision 
     in Butterbaugh v. Department of Justice with the backlog of 
     claims of other Federal agencies (as so selected) under that 
     decision.
       (11) An estimate of the amount of time required for the 
     Defense Finance and Accounting Service to resolve all 
     outstanding claims under the decision in Butterbaugh v. 
     Department of Justice.
       (12) An assessment of the reasonableness of the requirement 
     of the Defense Finance and Accounting Service for the 
     submittal by members of the reserve components of the Armed 
     Forces of supporting documentation for claims under the 
     decision in Butterbaugh v. Department of Justice.
       (13) A comparative assessment of the requirement of the 
     Defense Finance and Accounting Service for the submittal by 
     members of the reserve components of the Armed Forces of 
     supporting documentation for claims under the decision in 
     Butterbaugh v. Department of Justice with the requirement of 
     other Federal agencies (as so selected) for the submittal by 
     such members of supporting documentation for such claims.
       (14) Such recommendations for legislative action as the 
     Comptroller General considers appropriate in light of the 
     decision in Butterbaugh v. Department of Justice and the 
     decision in Hernandez v. Department of the Air Force.


                           amendment no. 2920

   (Purpose: To require a report on the Pinon Canyon Maneuver Site, 
                               Colorado)

       At the end of title XXVIII, add the following:

     SEC. 2864. REPORT ON THE PINON CANYON MANEUVER SITE, 
                   COLORADO.

       (a) Report on the Pinon Canyon Maneuver Site.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall submit to the congressional defense committees a report 
     on the Pinon Canyon Maneuver Site (referred to in this 
     section as ``the Site'').
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) An analysis of whether existing training facilities at 
     Fort Carson, Colorado, and the Site are sufficient to support 
     the training needs of units stationed or planned to be 
     stationed at Fort Carson, including the following:
       (i) A description of any new training requirements or 
     significant developments affecting training requirements for 
     units stationed or planned to be stationed at Fort Carson 
     since the 2005 Defense Base Closure and Realignment 
     Commission found that the base has ``sufficient capacity'' to 
     support four brigade combat teams and associated support 
     units at Fort Carson.
       (ii) A study of alternatives for enhancing training 
     facilities at Fort Carson and the Site within their current 
     geographic footprint, including whether these additional 
     investments or measures could support additional training 
     activities.
       (iii) A description of the current training calendar and 
     training load at the Site, including--

       (I) the number of brigade-sized and battalion-sized 
     military exercises held at the Site since its establishment;
       (II) an analysis of the maximum annual training load at the 
     Site, without expanding the Site; and
       (III) an analysis of the training load and projected 
     training calendar at the Site when all brigades stationed or 
     planned to be stationed at Fort Carson are at home station.

       (B) A report of need for any proposed addition of training 
     land to support units stationed or planned to be stationed at 
     Fort Carson, including the following:
       (i) A description of additional training activities, and 
     their benefits to operational readiness, which would be 
     conducted by units stationed at Fort Carson if, through 
     leases or acquisition from consenting landowners, the Site 
     were expanded to include--

       (I) the parcel of land identified as ``Area A'' in the 
     Potential PCMS Land expansion map;
       (II) the parcel of land identified as ``Area B'' in the 
     Potential PCMS Land expansion map;
       (III) the parcels of land identified as ``Area A'' and 
     ``Area B'' in the Potential PCMS Land expansion map;
       (IV) acreage sufficient to allow simultaneous exercises of 
     a light infantry brigade and a heavy infantry brigade at the 
     Site;
       (V) acreage sufficient to allow simultaneous exercises of 
     two heavy infantry brigades at the Site;
       (VI) acreage sufficient to allow simultaneous exercises of 
     a light infantry brigade and a battalion at the Site; and
       (VII) acreage sufficient to allow simultaneous exercises of 
     a heavy infantry brigade and a battalion at the Site.

       (ii) An analysis of alternatives for acquiring or utilizing 
     training land at other installations in the United States to 
     support training activities of units stationed at Fort 
     Carson.
       (iii) An analysis of alternatives for utilizing other 
     federally owned land to support training activities of units 
     stationed at Fort Carson.
       (C) An analysis of alternatives for enhancing economic 
     development opportunities in southeastern Colorado at the 
     current Site or through any proposed expansion, including the 
     consideration of the following alternatives:
       (i) The leasing of land on the Site or any expansion of the 
     Site to ranchers for grazing.
       (ii) The leasing of land from private landowners for 
     training.
       (iii) The procurement of additional services and goods, 
     including biofuels and beef, from local businesses.
       (iv) The creation of an economic development fund to 
     benefit communities, local governments, and businesses in 
     southeastern Colorado.
       (v) The establishment of an outreach office to provide 
     technical assistance to local businesses that wish to bid on 
     Department of Defense contracts.
       (vi) The establishment of partnerships with local 
     governments and organizations to expand regional tourism 
     through expanded access to sites of historic, cultural, and 
     environmental interest on the Site.
       (vii) An acquisition policy that allows willing sellers to 
     minimize the tax impact of a sale.
       (viii) Additional investments in Army missions and 
     personnel, such as stationing an active duty unit at the 
     Site, including--

       (I) an analysis of anticipated operational benefits; and
       (II) an analysis of economic impacts to surrounding 
     communities.

       (3) Potential pcms land expansion map defined.--In this 
     subsection, the term ``Potential PCMS Land expansion map'' 
     means the June 2007 map entitled ``Potential PCMS Land 
     expansion''.
       (b) Comptroller General Review of Report.--Not later than 
     180 days after the Secretary of Defense submits the report 
     required under subsection (a), the Comptroller General of the 
     United States shall submit to Congress a review of the report 
     and of the justification of the Army for expansion at the 
     Site.
       (c) Public Comment.--After the report required under 
     subsection (b) is submitted to Congress, the Army shall 
     solicit public comment on the report for a period of not less 
     than 90 days. Not later than 30 days after the public comment 
     period has closed, the Secretary shall submit to Congress a 
     written summary of comments received.


                           amendment no. 2929

 (Purpose: To require a report assessing the facilities and operations 
 of the Darnall Army Medical Center at Fort Hood Military Reservation, 
                                 Texas)

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

     SEC. 1044. REPORT ON FACILITIES AND OPERATIONS OF DARNALL 
                   ARMY MEDICAL CENTER, FORT HOOD MILITARY 
                   RESERVATION, TEXAS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     assessing the facilities and operations of the Darnall Army 
     Medical Center at Fort Hood Military Reservation, Texas.
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) A specific determination of whether the facilities 
     currently housing Darnall Army Medical Center meet Department 
     of Defense standards for Army medical centers.
       (2) A specific determination of whether the existing 
     facilities adequately support the operations of Darnall Army 
     Medical Center, including the missions of medical treatment, 
     medical hold, medical holdover, and Warriors in Transition.
       (3) A specific determination of whether the existing 
     facilities provide adequate physical space for the number of 
     personnel that would be required for Darnall Army Medical 
     Center to function as a full-sized Army medical center.
       (4) A specific determination of whether the current levels 
     of medical and medical-related personnel at Darnall Army 
     Medical Center are adequate to support the operations of a 
     full-sized Army medical center.
       (5) A specific determination of whether the current levels 
     of graduate medical education and medical residency programs 
     currently in place at Darnall Army Medical Center are 
     adequate to support the operations of a full-sized Army 
     medical center.
       (6) A description of any and all deficiencies identified by 
     the Secretary.
       (7) A proposed investment plan and timeline to correct such 
     deficiencies.

[[Page 25347]]




                           amendment no. 2197

  (Purpose: To lift the moratorium on improvements at Fort Buchanan, 
                              Puerto Rico)

       At the end of title XXVIII, add the following:

     SEC. 2864. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT 
                   BUCHANAN, PUERTO RICO.

       Section 1507 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (Public Law 106-398; 
     114 Stat. 1654A-355) is repealed.


                           amendment no. 2290

 (Purpose: To require a report on funding of the Department of Defense 
 for health care in the budget of the President in any fiscal year in 
    which the Armed Forces are engaged in a major military conflict)

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

     SEC. 1008. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE FOR 
                   HEALTH CARE FOR ANY FISCAL YEAR IN WHICH THE 
                   ARMED FORCES ARE ENGAGED IN A MAJOR MILITARY 
                   CONFLICT.

       If the Armed Forces are involved in a major military 
     conflict when the President submits to Congress the budget 
     for a fiscal year under section 1105 of title 31, United 
     States Code, and the aggregate amount included in that budget 
     for the Department of Defense for health care for such fiscal 
     year is less than the aggregate amount provided by Congress 
     for the Department for health care for such preceding fiscal 
     year, and, in the case of the Department, the total 
     allocation from the Defense Health Program to any military 
     department is less than the total such allocation in the 
     preceding fiscal year, the President shall submit to Congress 
     a report on--
       (1) the reasons for the determination that inclusion of a 
     lesser aggregate amount or allocation to any military 
     department is in the national interest; and
       (2) the anticipated effects of the inclusion of such lesser 
     aggregate amount or allocation to any military department on 
     the access to and delivery of medical and support services to 
     members of the Armed Forces and their family members.


                           amendment no. 2936

   (Purpose: To designate the Department of Veterans Affairs Medical 
  Center in Augusta, Georgia, as the ``Charlie Norwood Department of 
                   Veterans Affairs Medical Center'')

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

     SEC. 1070. DESIGNATION OF CHARLIE NORWOOD DEPARTMENT OF 
                   VETERANS AFFAIRS MEDICAL CENTER.

       (a) Findings.--Congress makes the following findings:
       (1) Charlie Norwood volunteered for service in the United 
     States Army Dental Corps in a time of war, providing dental 
     and medical services in the Republic of Vietnam in 1968, 
     earning the Combat Medical Badge and two awards of the Bronze 
     Star.
       (2) Captain Norwood, under combat conditions, helped 
     develop the Dental Corps operating procedures, that are now 
     standard, of delivering dentists to forward-fire bases, and 
     providing dental treatment for military service dogs.
       (3) Captain Norwood provided dental, emergency medical, and 
     surgical care for United States personnel, Vietnamese 
     civilians, and prisoners-of-war.
       (4) Dr. Norwood provided military dental care at Fort 
     Gordon, Georgia, following his service in Vietnam, then 
     provided private-practice dental care for the next 25 years 
     for patients in the greater Augusta, Georgia, area, including 
     care for military personnel, retirees, and dependents under 
     Department of Defense programs and for low-income patients 
     under Georgia Medicaid.
       (5) Congressman Norwood, upon being sworn into the United 
     States House of Representatives in 1995, pursued the 
     advancement of health and dental care for active duty and 
     retired military personnel and dependents, and for veterans, 
     through his public advocacy for strengthened Federal support 
     for military and veterans' health care programs and 
     facilities.
       (6) Congressman Norwood co-authored and helped pass into 
     law the Keep our Promises to America's Military Retirees Act, 
     which restored lifetime healthcare benefits to veterans who 
     are military retirees through the creation of the Department 
     of Defense TRICARE for Life Program.
       (7) Congressman Norwood supported and helped pass into law 
     the Retired Pay Restoration Act providing relief from the 
     concurrent receipt rule penalizing disabled veterans who were 
     also military retirees.
       (8) Throughout his congressional service from 1995 to 2007, 
     Congressman Norwood repeatedly defeated attempts to reduce 
     Federal support for the Department of Veterans Affairs 
     Medical Center in Augusta, Georgia, and succeeded in 
     maintaining and increasing Federal funding for the center.
       (9) Congressman Norwood maintained a life membership in the 
     American Legion, the Veterans of Foreign Wars, and the 
     Military Order of the World Wars.
       (10) Congressman Norwood's role in protecting and improving 
     military and veteran's health care was recognized by the 
     Association of the United States Army through the 
     presentation of the Cocklin Award in 1998, and through his 
     induction into the Association's Audie Murphy Society in 
     1999.
       (b) Designation.--
       (1) In general.--The Department of Veterans Affairs Medical 
     Center located at 1 Freedom Way in Augusta, Georgia, shall 
     after the date of the enactment of this Act be known and 
     designated as the ``Charlie Norwood Department of Veterans 
     Affairs Medical Center''.
       (2) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     medical center referred to in paragraph (1) shall be 
     considered to be a reference to the Charlie Norwood 
     Department of Veterans Affairs Medical Center.


                           amendment no. 3007

    (Purpose: To clarify the requirement for military construction 
       authorization and the definition of military construction)

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

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

       (a) Clarification of Requirement for Authorization.--
     Section 2802(a) of title 10, United States Code, is amended 
     by inserting after ``military construction projects'' the 
     following: ``, land acquisitions, and defense access road 
     projects (as described under section 210 of title 23)''.
       (b) Clarification of Definition.--Section 2801(a) of such 
     title is amended by inserting after ``permanent 
     requirements'' the following: ``, or any acquisition of land 
     or construction of a defense access road (as described in 
     section 210 of title 23)''.


                           amendment no. 2995

(Purpose: To require a report on the plans of the Secretary of the Army 
 and the Secretary of Veterans Affairs to replace the monument at the 
     Tomb of the Unknowns at Arlington National Cemetery, Virginia)

       On page 326, between lines 17 and 18, insert the following:

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

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     and the Secretary of Veterans Affairs shall jointly submit to 
     Congress a report setting forth the following:
       (1) The current plans of the Secretaries with respect to--
       (A) replacing the monument at the Tomb of the Unknowns at 
     Arlington National Cemetery, Virginia; and
       (B) disposing of the current monument at the Tomb of the 
     Unknowns, if it were removed and replaced.
       (2) An assessment of the feasibility and advisability of 
     repairing the monument at the Tomb of the Unknowns rather 
     than replacing it.
       (3) A description of the current efforts of the Secretaries 
     to maintain and preserve the monument at the Tomb of the 
     Unknowns.
       (4) An explanation of why no attempt has been made since 
     1989 to repair the monument at the Tomb of the Unknowns.
       (5) A comprehensive estimate of the cost of replacement of 
     the monument at the Tomb of the Unknowns and the cost of 
     repairing such monument.
       (6) An assessment of the structural integrity of the 
     monument at the Tomb of the Unknowns.
       (b) Limitation on Action.--The Secretary of the Army and 
     the Secretary of Veterans Affairs may not take any action to 
     replace the monument at the Tomb of the Unknowns at Arlington 
     National Cemetery, Virginia, until 180 days after the date of 
     the receipt by Congress of the report required by subsection 
     (a).
       (c) Exception.--The limitation in subsection (b) shall not 
     prevent the Secretary of the Army or the Secretary of 
     Veterans Affairs from repairing the current monument at the 
     Tomb of the Unknowns or from acquiring any blocks of marble 
     for uses related to such monument, subject to the 
     availability of appropriations for that purposes.


                           AMENDMENT NO. 3029

  (Purpose: To require a comprehensive review of safety measures and 
     encroachment issues at Warren Grove Gunnery Range, New Jersey)

       At the end of title III, add the following:

     SEC. 358. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES 
                   AT WARREN GROVE GUNNERY RANGE, NEW JERSEY.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Air Force has 32 training sites in 
     the United States for aerial bombing and gunner training, of 
     which Warren Grove Gunnery Range functions in the densely 
     populated Northeast.
       (2) A number of dangerous safety incidents caused by the 
     Air National Guard have repeatedly impacted the residents of 
     New Jersey, including the following:
       (A) On May 15, 2007, a fire ignited during an Air National 
     Guard practice mission at Warren Grove Gunnery Range, 
     scorching 17,250

[[Page 25348]]

     acres of New Jersey's Pinelands, destroying 5 houses, 
     significantly damaging 13 others, and temporarily displacing 
     approximately 6,000 people from their homes in sections of 
     Ocean and Burlington Counties.
       (B) In November 2004, an F-16 Vulcan cannon piloted by the 
     District of Columbia Air National Guard was more than 3 miles 
     off target when it blasted 1.5-inch steel training rounds 
     into the roof of the Little Egg Harbor Township Intermediate 
     School.
       (C) In 2002, a pilot ejected from an F-16 aircraft just 
     before it crashed into the woods near the Garden State 
     Parkway, sending large pieces of debris onto the busy 
     highway.
       (D) In 1999, a dummy bomb was dumped a mile off target from 
     the Warren Grove target range in the Pine Barrens, igniting a 
     fire that burned 12,000 acres of the Pinelands forest.
       (E) In 1997, the pilots of F-16 aircraft uplifting from the 
     Warren Grove Gunnery Range escaped injury by ejecting from 
     their aircraft just before the planes collided over the ocean 
     near the north end of Brigantine. Pilot error was found to be 
     the cause of the collision.
       (F) In 1986, a New Jersey Air National Guard jet fighter 
     crashed in a remote section of the Pine Barrens in Burlington 
     County, starting a fire that scorched at least 90 acres of 
     woodland.
       (b) Annual Report on Safety Measures.--Not later than 90 
     days after the date of the enactment of this Act, and 
     annually thereafter for two years, the Secretary of the Air 
     Force shall submit to the congressional defense committees a 
     report on efforts made to provide the highest level of safety 
     by all of the military departments utilizing the Warren Grove 
     Gunnery Range.
       (c) Study on Encroachment at Warren Grove Gunnery Range.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a study 
     on encroachment issues at Warren Grove Gunnery Range.
       (2) Content.--The study required under paragraph (1) shall 
     include a master plan for the Warren Grove Gunnery Range and 
     the surrounding community, taking into consideration military 
     mission, land use plans, urban encroachment, the economy of 
     the region, and protection of the environment and public 
     health, safety, and welfare.
       (3) Required input.--The study required under paragraph (1) 
     shall include input from all affected parties and relevant 
     stakeholders at the Federal, State, and local level.


                           AMENDMENT NO. 2980

  (Purpose: To require a report on the establishment of a scholarship 
           program for civilian mental health professionals)

       At the end of title VII, add the following:

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

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


                           AMENDMENT NO. 3023

 (Purpose: To improve the Commercialization Pilot Program for defense 
                               contracts)

       At the end of title X, add the following:

     SEC. 10__. COMMERCIALIZATION PILOT PROGRAM.

       Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) 
     is amended--
       (1) in paragraph (1), by adding at the end the following: 
     ``The authority to create and administer a Commercialization 
     Pilot Program under this subsection may not be construed to 
     eliminate or replace any other SBIR program that enhances the 
     insertion or transition of SBIR technologies, including any 
     such program in effect on the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3136).'';
       (2) by redesignating paragraphs (5) and (6) as paragraphs 
     (7) and (8), respectively;
       (3) by inserting after paragraph (4) the following:
       ``(5) Insertion incentives.--For any contract with a value 
     of not less than $100,000,000, the Secretary of Defense is 
     authorized to--
       ``(A) establish goals for transitioning Phase III 
     technologies in subcontracting plans; and
       ``(B) require a prime contractor on such a contract to 
     report the number and dollar amount of contracts entered into 
     by that prime contractor for Phase III SBIR projects.
       ``(6) Goal for sbir technology insertion.--The Secretary of 
     Defense shall--
       ``(A) set a goal to increase the number of Phase II 
     contracts awarded by that Secretary that lead to technology 
     transition into programs of record or fielded systems;
       ``(B) use incentives in effect on the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2008, 
     or create new incentives, to encourage prime contractors to 
     meet the goal under subparagraph (A); and
       ``(C) submit to the Committee on Armed Services and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Armed Services and the Committee 
     on Small Business of the House of Representatives an annual 
     report regarding the percentage of contracts described in 
     subparagraph (A) awarded by that Secretary.''; and
       (4) in paragraph (8), as so redesignated, by striking 
     ``fiscal year 2009'' and inserting ``fiscal year 2012''.


                           amendment no. 3024

  (Purpose: To improve small business programs for veterans, and for 
                            other purposes)

  (The amendment (No. 3024) is printed in today's Record under ``Text 
of Amendments.'')


                           AMENDMENT NO. 2963

(Purpose: To authorize the Secretary of the Army to use land under the 
 control of the State of Louisiana adjacent to, or in the vicinity of 
  the Baton Rouge airport, Baton Rouge, Louisiana for the purpose of 
  siting an Army Reserve Center and Navy-Marine Corps Reserve Center)

       At the end of title XXVI, add the following:

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

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


                    AMENDMENT NO. 3030, as modified

       On page 510, strike lines 1 through 7 and insert in lieu 
     thereof the following:

     SEC. 2862. MODIFICATION OF LAND MANAGEMENT RESTRICTIONS 
                   APPLICABLE TO UTAH NATIONAL DEFENSE LANDS.

       Section 2815 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852) is 
     amended--
       (1) in subsection (a), by striking ``that are adjacent to 
     or near the Utah Test and Training Range and Dugway Proving 
     Ground or beneath'' and inserting ``that are beneath''; and
       (2) by adding at the end the following new subsection:
       ``(e) Sunset Date.--This section shall expire on October 1, 
     2013.''.


                           AMENDMENT NO. 3044

(Purpose: To prohibit the use of earmarks for awarding no-bid contracts 
                      and non-competitive grants)

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

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

       (a) Prohibition.--
       (1) Contracts.--
       (A) In general.--Notwithstanding any other provision of 
     this Act, all contracts awarded by the Department of Defense 
     to implement new programs or projects pursuant to 
     congressional initiatives shall be awarded using competitive 
     procedures in accordance with the requirements of section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (B) Bid requirement.--Except as provided in paragraph (3), 
     no contract may be awarded by the Department of Defense to 
     implement a new program or project pursuant to a 
     congressional initiative unless more than one bid is received 
     for such contract.
       (2) Grants.--Notwithstanding any other provision of this 
     Act, no funds may be awarded by the Department of Defense by 
     grant or cooperative agreement to implement a new program or 
     project pursuant to a congressional initiative unless the 
     process used to award such grant or cooperative agreement 
     uses competitive or merit-based procedures to select the 
     grantee or award recipient. Except as provided in paragraph 
     (3), no such grant or cooperative agreement may be awarded 
     unless applications for such

[[Page 25349]]

     grant or cooperative agreement are received from two or more 
     applicants that are not from the same organization and do not 
     share any financial, fiduciary, or other organizational 
     relationship.
       (3) Waiver authority.--
       (A) In general.--If the Secretary of Defense does not 
     receive more than one bid for a contract under paragraph 
     (1)(B) or does not receive more than one application from 
     unaffiliated applicants for a grant or cooperative agreement 
     under paragraph (2), the Secretary may waive such bid or 
     application requirement if the Secretary determines that the 
     new program or project--
       (i) cannot be implemented without a waiver; and
       (ii) will help meet important national defense needs.
       (B) Congressional notification.--If the Secretary of 
     Defense waives a bid requirement under subparagraph (A), the 
     Secretary must, not later than 10 days after exercising such 
     waiver, notify Congress and the Committees on Armed Services 
     of the Senate and the House of Representatives.
       (4) Contracting authority.--The Secretary of Defense may, 
     as appropriate, utilize existing contracts to carry out 
     congressional initiatives.
       (b) Annual Report.--
       (1) In general.--Not later than December 31, 2008, and 
     December 31 of each year thereafter, the Secretary of Defense 
     shall submit to Congress a report on congressional 
     initiatives for which amounts were appropriated or otherwise 
     made available for the fiscal year ending during such year.
       (2) Content.--Each report submitted under paragraph (1) 
     shall include with respect to each contract, grant, or 
     cooperative agreement awarded to implement a new program or 
     project pursuant to a congressional initiative--
       (A) the name of the recipient of the funds awarded through 
     such contract or grant;
       (B) the reason or reasons such recipient was selected for 
     such contract or grant; and
       (C) the number of entities that competed for such contract 
     or grant.
       (3) Publication.--Each report submitted under paragraph (1) 
     shall be made publicly available through the Internet website 
     of the Department of Defense.
       (c) Congressional Initiative Defined.--In this section, the 
     term ``congressional initiative'' means a provision of law or 
     a directive contained within a committee report or joint 
     statement of managers of an appropriations Act that 
     specifies--
       (1) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress;
       (2) the specific location at which the work for a project 
     is to be done; and
       (3) the amount of the funds appropriated or otherwise made 
     available for such project.
       (d) Applicability.--This section shall apply with respect 
     to funds appropriated or otherwise made available for fiscal 
     years beginning after September 30, 2007, and to 
     congressional initiatives initiated after the date of the 
     enactment of this Act.

  Mr. LEVIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. Chairman, there will be no more votes tonight. We have 
tried to work something out on the Kyl-Lieberman amendment and the 
Biden amendment. We have been unable to do that.
  We have been very close a few times, but we have just been informed 
that Senator Biden will not have a vote anytime in the near future. 
There will not be a vote on the other one anytime in the near future. 
We hope tonight will bring more clearness on the issue.
  But right now, I think it is fair to say there will be no votes 
tonight.
  Does the Senator from South Dakota have any comments?
  Mr. THUNE. No, I do not. I would say to the leader, that is good for 
our Members to know. We have Members who have been inquiring whether 
they will be able to vote.
  Mr. REID. Let me say this: One thing I have done is, anytime I know 
there is going to be no votes, Senator McConnell is the first to know. 
If there is a Monday we are not going to have votes, I let everybody 
know; nighttime vote. I think that has worked pretty well. There are no 
surprises.
  Now, sometimes things just do not work out. But anytime we decide, on 
this side, the majority, there are not going to be votes, Senator 
McConnell knows. That is an arrangement I made with him. I have stuck 
to that for the last 8 months.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DURBIN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________