[Congressional Record (Bound Edition), Volume 153 (2007), Part 18]
[Senate]
[Pages 25882-25902]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008--Continued

  The PRESIDING OFFICER. The Senate will now resume consideration of 
H.R. 1585. Cloture having been invoked on amendment No. 3035, offered 
by the Senator from Massachusetts, Mr. Kennedy, the pending motion to 
commit with instructions offered by the Senator from Nevada, Mr. Reid, 
falls.
  Amendment No. 3035, offered by the Senator from Massachusetts, Mr. 
Kennedy, having been adopted, amendment No. 2064, offered by the 
Senator from South Carolina, Mr. Graham, falls.
  Mr. WARNER. Mr. President, may we have order?


                Amendment No. 2999, as Further Modified

  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
2999, as modified further. The 2 minutes of debate are evenly divided. 
The Senator from Virginia.
  Mr. WEBB. Mr. President, I would like to briefly say how proud I am 
that this amendment has been worked out, and I express my appreciation, 
both to the senior Senator from Virginia for having helped us work this 
out and also to my colleague from Missouri who did such a great job on 
the floor yesterday, managing the bill. I yield the rest of our time to 
the Senator from Missouri.
  The PRESIDING OFFICER. The Senator from Missouri is recognized.
  Mrs. McCASKILL. Mr. President, ``We intend to see that no man or 
corporate group shall profit inordinately on the blood of the boys in 
the foxhole.''
  That is what Senator Harry Truman said as the Truman committee began 
its work. I think Harry Truman would be very proud of the Senate 
tonight. I, too, thank the senior Senator from Virginia for his 
willingness to sit down and work this out, along with Senator Levin for 
all of his support. I think this commission can do important work in a 
bipartisan way to fix some problems, to make sure we get contracting 
under control whenever our men and women are in danger.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  Mr. WARNER. Mr. President, I compliment my colleagues from Missouri 
and Virginia, Senators McCaskill and Webb.
  The amendment was carefully reviewed by myself and others on this 
side. We made several recommendations. Each of those recommendations 
were accepted. We indicate for the record that the amendment is 
accepted on this side. I ask that we have a voice vote.
  The PRESIDING OFFICER. Under the previous order, the amendment is 
agreed to.
  The Amendment (No. 2999), as further modified, is as follows:

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

     SEC. 1535. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND 
                   CONTRACTING PROCESSES IN OPERATION IRAQI 
                   FREEDOM AND OPERATION ENDURING FREEDOM.

       (a) Commission on Wartime Contracting.--

[[Page 25883]]

       (1) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on Wartime 
     Contracting'' (in this subsection referred to as the 
     ``Commission'').
       (2) Membership matters.--
       (A) Membership.--The Commission shall be composed of 8 
     members, as follows:
       (i) 2 members shall be appointed by the Majority Leader of 
     the Senate, in consultation with the Chairmen of the 
     Committee on Armed Services and the Committee on Homeland 
     Security and Governmental Affairs of the Senate.
       (ii) 2 members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the Chairmen 
     of the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       (iii) 1 member shall be appointed by the Minority Leader of 
     the Senate, in consultation with the Ranking Minority Members 
     of the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       (iv) 1 member shall be appointed by the Minority Leader of 
     the House of Representatives, in consultation with the 
     Ranking Minority Member of the Committee on Armed Services 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives.
       (v) 1 member shall be appointed by the Secretary of 
     Defense.
       (vi) 1 member shall be appointed by the Secretary of State.
       (B) Deadline for appointments.--All appointments to the 
     Commission shall be made not later than 90 days after the 
     date of the enactment of this Act.
       (C) Chairman and vice chairman.--
       (i) Chairman.--The chairman of the Commission shall be a 
     member of the Commission selected by the members appointed 
     under clauses (i) and (ii) of subparagraph (A), but only if 
     approved by the vote of a majority of the members of the 
     Commission.
       (ii) Vice chairman.--The vice chairman of the Commission 
     shall be a member of the Commission selected by the members 
     appointed under clauses (iii) and (iv) of subparagraph (A), 
     but only if approved by the vote of a majority of the members 
     of the Commission.
       (D) Vacancy.--In the event of a vacancy in the Commission, 
     the individual appointed to fill the membership shall be of 
     the same political party as the individual vacating the 
     membership.
       (3) Duties.--
       (A) General duties.--The Commission shall study and 
     investigate the following matters:
       (i) Federal agency contracting for the reconstruction of 
     Iraq and Afghanistan.
       (ii) Federal agency contracting for the logistical support 
     of coalition forces in Operation Iraqi Freedom and Operation 
     Enduring Freedom.
       (iii) Federal agency contracting for the performance of 
     security and intelligence functions in Operation Iraqi 
     Freedom and Operation Enduring Freedom.
       (B) Scope of contracting covered.--The Federal agency 
     contracting covered by this paragraph includes contracts 
     entered into both in the United States and abroad for the 
     performance of activities described in subparagraph (A), 
     whether performed in the United States or abroad.
       (C) Particular duties.--In carrying out the study under 
     this paragraph, the Commission shall assess--
       (i) the extent and impact of the reliance of the Federal 
     Government on contractors to perform functions (including 
     security, intelligence, and management functions) in 
     Operation Iraqi Freedom and Operation Enduring Freedom;
       (ii) the performance of the contracts under review, and the 
     mechanisms used to manage the performance of the contracts 
     under review;
       (iii) the extent of waste, fraud, abuse, or mismanagement 
     under such contracts;
       (iv) the extent to which those responsible for such waste, 
     fraud, abuse, or mismanagement have been held financially or 
     legally accountable;
       (v) the appropriateness of the organizational structure, 
     policies, practices, and resources of the Department of 
     Defense and the Department of State for handling contingency 
     contract management and support; and
       (vi) the extent of the misuse of force and violations of 
     the laws of war or Federal law by contractors.
       (4) Reports.--
       (A) Interim report.--On January 15, 2009, the Commission 
     shall submit to Congress an interim report on the study 
     carried out under paragraph (3), including the results and 
     findings of the study as of that date.
       (B) Other reports.--The Commission may from time to time 
     submit to Congress such other reports on the study carried 
     out under paragraph (3) as the Commission considers 
     appropriate.
       (C) Final report.--Not later than two years after the date 
     of the appointment of all of the members of the Commission 
     under paragraph (2), the Commission shall submit to Congress 
     a report on the study carried out under paragraph (3). The 
     report shall--
       (i) include the findings of the Commission;
       (ii) identify lessons learned on the contracting covered by 
     the study; and
       (iii) include specific recommendations for improvements to 
     be made in--

       (I) the process for developing contract requirements for 
     wartime contracts and contracts for contingency operations;
       (II) the process for awarding contracts and task orders for 
     wartime contracts and contracts for contingency operations;
       (III) the process for managing and providing oversight for 
     the performance of wartime contracts and contracts for 
     contingency operations;
       (IV) the process for holding contractors and their 
     employees accountable for waste, fraud, abuse, or 
     mismanagement under wartime contracts and contracts for 
     contingency operations;
       (V) the process for determining which functions are 
     inherently governmental and which functions are appropriate 
     for performance by contractors in an area of combat 
     operations (including an area of a contingency operation), 
     including a determination whether the use of civilian 
     contractors to provide security in an area of combat 
     operations is a function that is inherently governmental;
       (VI) the organizational structure, resources, policies, and 
     practices of the Department of Defense and the Department of 
     State handling contract management and support for wartime 
     contracts and contracts for contingency operations; and
       (VII) the process by which roles and responsibilities with 
     respect to wartime contracts and contracts for contingency 
     operations are distributed among the various departments and 
     agencies of the Federal Government, and interagency 
     coordination and communication mechanisms associated with 
     wartime contracts and contracts for contingency operations.

       (5) Other powers and authorities.--
       (A) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this 
     subsection--
       (i) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths (provided that the quorum for a hearing 
     shall be three members of the Commission); and
       (ii) provide for the attendance and testimony of such 
     witnesses and the production of such books, records, 
     correspondence, memoranda, papers, and documents,

     as the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (B) Inability to obtain documents or testimony.--In the 
     event the Commission is unable to obtain testimony or 
     documents needed to conduct its work, the Commission shall 
     notify the committees of Congress of jurisdiction and 
     appropriate investigative authorities.
       (C) Access to information.--The Commission may secure 
     directly from the Department of Defense and any other 
     department or agency of the Federal Government any 
     information or assistance that the Commission considers 
     necessary to enable the Commission to carry out the 
     requirements of this subsection. Upon request of the 
     Commission, the head of such department or agency shall 
     furnish such information expeditiously to the Commission. 
     Whenever information or assistance requested by the 
     Commission is unreasonably refused or not provided, the 
     Commission shall report the circumstances to Congress without 
     delay.
       (D) Personnel.--The Commission shall have the authorities 
     provided in section 3161 of title 5, United States Code, and 
     shall be subject to the conditions set forth in such section, 
     except to the extent that such conditions would be 
     inconsistent with the requirements of this subsection.
       (E) Detailees.--Any employee of the Federal Government may 
     be detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (F) Security clearances.--The appropriate departments or 
     agencies of the Federal Government shall cooperate with the 
     Commission in expeditiously providing to the Commission 
     members and staff appropriate security clearances to the 
     extent possible pursuant to existing procedures and 
     requirements, except that no person shall be provided with 
     access to classified information under this section without 
     the appropriate security clearances.
       (G) Violations of law.--
       (i) Referral to attorney general.--The Commission may refer 
     to the Attorney General any violation or potential violation 
     of law identified by the Commission in carrying out its 
     duties under this subsection.
       (ii) Reports on results of referral.--The Attorney General 
     shall submit to Congress a report on each prosecution, 
     conviction, resolution, or other disposition that results 
     from a referral made under this subparagraph.
       (6) Termination.--The Commission shall terminate on the 
     date that is 60 days after the date of the submittal of its 
     final report under paragraph (4)(C).

[[Page 25884]]

       (7) Contingency operation defined.--In this subsection, the 
     term ``contingency operation'' has the meaning given that 
     term in section 101 of title 10, United States Code.
       (b) Investigation of Waste, Fraud, Abuse, and 
     Mismanagement.--
       (1) In general.--The Special Inspector General for Iraq 
     Reconstruction shall, in collaboration with the Inspector 
     General of the Department of Defense, the Inspector General 
     of the Department of State, and the Inspector General of the 
     United States Agency for International Development, conduct a 
     series of audits to identify potential waste, fraud, abuse, 
     or mismanagement in the performance of--
       (A) Department of Defense contracts and subcontracts for 
     the logistical support of coalition forces in Operation Iraqi 
     Freedom and Operation Enduring Freedom; and
       (B) Federal agency contracts and subcontracts for the 
     performance of security and reconstruction functions in 
     Operation Iraqi Freedom and Operation Enduring Freedom.
       (2) Scope of audits of contracts.--Each audit conducted 
     pursuant to paragraph (1)(A) shall focus on a specific 
     contract, task order, or site of performance under a contract 
     or task order and shall examine, at a minimum, one or more of 
     the following issues:
       (A) The manner in which requirements were developed.
       (B) The procedures under which the contract or task order 
     was awarded.
       (C) The terms and conditions of the contract or task order.
       (D) The contractor's staffing and method of performance, 
     including cost controls.
       (E) The efficacy of Department of Defense management and 
     oversight, Department of State management and oversight, and 
     United States Agency for International Development management 
     and oversight, including the adequacy of staffing and 
     training of officials responsible for such management and 
     oversight.
       (F) The flow of information from the contractor to 
     officials responsible for contract management and oversight.
       (3) Scope of audits of other contracts.--Each audit 
     conducted pursuant to paragraph (1)(B) shall focus on a 
     specific contract, task order, or site of performance under a 
     contract or task order and shall examine, at a minimum, one 
     or more of the following issues:
       (A) The manner in which the requirements were developed and 
     the contract or task order was awarded.
       (B) The manner in which the Federal agency exercised 
     control over the contractor's performance.
       (C) The extent to which operational field commanders are 
     able to coordinate or direct the contractor's performance in 
     an area of combat operations.
       (D) The extent to which the functions performed were 
     appropriate for performance by a contractor.
       (E) The degree to which contractor employees were properly 
     screened, selected, trained, and equipped for the functions 
     to be performed.
       (F) The nature and extent of any incidents of misconduct or 
     unlawful activity by contractor employees.
       (G) The extent to which any incidents of misconduct or 
     unlawful activity were reported, documented, investigated, 
     and (where appropriate) prosecuted.
       (4) Continuation of special inspector general.--
       (A) In general.--Notwithstanding section 3001(o) of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 5 U.S.C. App. 8G note), the Office of the Special 
     Inspector General for Iraq Reconstruction shall not terminate 
     until the date that is 60 days after the date of the 
     submittal under paragraph (4)(C) of subsection (a) of the 
     final report of the Commission on Wartime Contracting 
     established by subsection (a).
       (B) Reaffirmation of certain duties and responsibilities.--
     Congress reaffirms that the Special Inspector General for 
     Iraq Reconstruction retains the duties and responsibilities 
     in sections 4 of the Inspector General Act of 1978 (5 U.S.C. 
     App. 4; relating to reports of criminal violations to the 
     Attorney General) and section 5 of the Inspector General Act 
     of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as 
     expressly provided in subsections (f)(3) and (i)(3), 
     respectively, of section 3001 of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be required to carry out 
     the provisions of this section.

  Mr. LEVIN. Mr. President, let me add my commendation to Senators Webb 
and McCaskill and the others who fought so hard for this amendment. The 
heart of this amendment has remained. There have been some changes in 
it. But the substance of this amendment, the crying need for a 
commission to look into the contract abuses and waste and fraud is very 
strong. This amendment is going to do some important work for the 
country and for the next time we are in a situation where we have such 
massive spending as we have in this war.
  Mr. President, I ask unanimous consent--I have cleared this with my 
friend, Senator Warner--that we vitiate the vote on the Menendez 
amendment--that has been done? Fine.
  Mr. WARNER. Mr. President, I further ask unanimous consent that we 
may have printed in the Record at this point such other statements 
relative to the changes that we deem appropriate to support this 
amendment, including a document dated September 25, 2007, by the Deputy 
Secretary of Defense subject: ``Management of DOD Contractors and 
Contract Personnel Accompanying U.S. Armed Forces in Contingency 
Operations Outside the United States.''
  This is a step by the Deputy Secretary to correct some of the 
problems that this commission will be addressing. It underlies the 
necessity for the commission that these two Senators and others have 
advocated.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                              The Deputy Secretary of Defense,

                               Washington, DC, September 25, 2007.

  Management of DoD Contractors and Contractor Personnel Accompanying 
 U.S. Armed Forces in Contingency Operations Outside the United States

       Defense contractors fulfill a variety of important 
     functions for the Department of Defense, both inside the 
     United States and abroad. These functions encompass vital 
     support to our military forces engaged in combat operations 
     in Iraq and Afghanistan to include security for convoys, 
     sites, personnel and the like.
       While investigations are still ongoing and no findings of 
     wrongdoing determined, recent events regarding non-DoD 
     contractors performing security service in Iraq have 
     identified a need to better ensure that relevant DoD policies 
     and processes are being followed. This review is applicable 
     for all policies and processes to manage DoD contractors 
     accompanying U.S. armed forces in contingency operations 
     outside the United States. DoDI 3020.41, ``Contractor 
     Personnel Authorized to Accompany the U.S. Armed Forces,'' is 
     the comprehensive source of policy and procedures concerning 
     DoD contractor personnel.
       Geographic Combatant Commanders are responsible for 
     establishing lines of command responsibility within their 
     Area of Responsibility (AOR) for oversight and management of 
     DoD contractors and for discipline of DoD contractor 
     personnel when appropriate. Accordingly, addressees will 
     ensure the consistency of their implementing guidance for 
     policies outlined in DoDI 3020.41 and ensure contracts being 
     executed within an AOR require DoD contractors to comply with 
     the respective geographic Combatant Commander's guidance for 
     the AOR including, for example, Rules on the Use of Force 
     (RUF).
       DoD contractor personnel (regardless of nationality) 
     accompanying U.S. armed forces in contingency operations are 
     currently subject to UCMJ jurisdiction. Commanders have UCMJ 
     authority to disarm, apprehend, and detain DoD contractors 
     suspected of having committed a felony offense in violation 
     of the RUF, or outside the scope of their authorized mission, 
     and to conduct the basic UCMJ pretrial process and trial 
     procedures currently applicable to the courts-martial of 
     military servicemembers. Commanders also have available to 
     them contract and administrative remedies, and other 
     remedies, including discipline and possible criminal 
     prosecution.
       Under the Military Extraterritorial Jurisdiction Act 
     (MEJA), federal jurisdiction exists over felony offenses 
     committed outside the U.S. by contractor personnel of any 
     federal agency or provisional authority whose employment 
     relates to supporting the DoD mission. Implementing guidance 
     under this Act is included in DoDI 5525.11, ``Criminal 
     Jurisdiction Over Civilians Employed by or Accompanying the 
     Armed Forces Outside the United States, Certain Service 
     Members, and Former Service Members,'' and military 
     department regulations. This instruction requires DoD 
     coordination with the Department of Justice for the return to 
     the U.S. of contractor personnel subject to MEJA for 
     prosecution.
       Pursuant to these authorities, addressees as appropriate 
     will:
       1. Ensure that all required clauses are included in DoD 
     contracts when contract performance requires contractors and 
     contractor personnel to accompany U.S. forces in contingency 
     operations.
       2. Verify that all DoD contractors ensure that their 
     personnel authorized to carry weapons as security personnel 
     or for personal protection have been properly trained and 
     licensed for the weapons they are authorized to carry and 
     appropriately trained on the applicable RUF.
       3. Provide appropriate discipline for unauthorized 
     possession, carrying, or discharging weapons.

[[Page 25885]]


       4. Ensure that instructions have been issued to their 
     command and to their contractors to prevent contractor 
     personnel who are suspected of having committed a felony act 
     or of having committed an act in violation of the RUF from 
     being allowed to leave the country until approved by the 
     senior commander in the country or until an investigation is 
     completed and a decision is rendered by the flag officer 
     court martial convening authority. Officials of contracting 
     firms who arrange for, facilitate, or allow such personnel to 
     leave the country before being cleared will be subject to 
     disciplinary action under either UCMJ or MEJA.
       5. Review periodically the existing RUF and make any 
     changes necessary to minimize the risk of innocent civilian 
     casualties or unnecessary destruction of civilian property.
       6. Require DoD contractors performing security services to 
     provide to the Combatant Commander copies of their Standard 
     Operating Procedures (SOPs) and guidance to their contractor 
     personnel on escalation of the use of force, the use of 
     deadly force, and on the rules for interaction with host 
     country nationals who may be present and/or potentially 
     involved in a situation perceived by contractor personnel as 
     a potential threat to their mission or to themselves. Require 
     that such SOPs and guidance be modified as necessary to be 
     consistent with the RUF.
       7. Review periodically the guidance and authorization for 
     DoD contractor personnel to possess and carry weapons.
       Over the past several months, the Department has been 
     developing and staffing additional guidance regarding this 
     UCMJ disciplinary authority over persons serving with or 
     accompanying the armed forces during contingency operations. 
     The UCMJ authority referenced in this memorandum remains in 
     effect until modified by promulgation of such additional 
     guidance.

  Mr. WARNER. I think we are prepared to vote.
  The PRESIDING OFFICER. Under the previous order, the amendment has 
been agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2196

  The PRESIDING OFFICER. The next question is on amendment No. 2196, 
offered by Senator Coburn. Ten minutes will be evenly divided.
  Mr. COBURN. Mr. President, this is a very simple amendment. We voted 
to increase the debt limit. We have a project that the Department of 
Justice, the DEA, and all the other drug enforcement agencies say is 
ineffective.
  I am going to give you some quotes from the people who worked there 
and what they had said. Former official of the Drug Czar's office put 
it bluntly: ``We see nothing from this.''
  The former, most recently resigned, Director: ``I recognize that many 
of the reports were god-awful, poorly written, poorly researched, and 
in many cases just plain wrong.''
  Jim Milford, former NDIC Deputy, admitted: ``I have never come to 
terms with the justification for the NDIC, and the bottom line is we 
actually have to search for a mission.''
  These are good people who work there. It is not about them. It is 
about whether we are going to be prudent with the money we spend. They 
have one program that is effective. It is called DOCX. The problem with 
it being where it is, is it cannot be applied there, it has to be 
applied at other drug intelligence centers and the other DEA centers 
throughout the country.
  The administration, the Department of Justice, the DEA and all the 
other drug centers, especially the one in El Paso, is where this 
information ought to be processed.
  We have spent half a billion dollars and gotten very little return. 
It is a recommendation that we have a chance to do something. We have a 
chance to eliminate a program that is not effective by any metric that 
the Government has applied or the former Directors have applied or the 
Deputy Directors have applied who have worked there, saying it is not 
effective.
  My hope is this body will approve this amendment and start us down 
the road of eliminating programs that are ineffective.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I will yield half the time in opposition to 
the Coburn amendment to the two Senators from Pennsylvania, half to 
Senator Specter and half to Senator Casey.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. Mr. President, will you advise me when the 2\1/2\ 
minutes have expired?
  The PRESIDING OFFICER. Yes.
  Mr. SPECTER. Mr. President, contrary to the arguments of the Senator 
from Oklahoma, the National Drug Intelligence Center has been 
functioning since 1993 and has never been challenged on this floor in 
any respect. It has not been challenged until today because it has 
performed so well.
  Yesterday I had printed in the Record the extensive compliments which 
have been paid by the FBI in an expansive letter on November 21, 2001, 
by DEA, the Drug Enforcement Agency; on June 21, 2006, by FBI field 
offices around the country, including Tampa, Detroit, and Charlotte, by 
U.S. attorneys around the country. It has performed with very strategic 
results. It is important to decentralize operations such as the 
National Drug Intelligence Center. Everything does not have to be in 
Washington. It costs about a third to do it in Johnstown as it would in 
Washington.
  When the Senator from Oklahoma says it ought to be in El Paso because 
all the drugs come from El Paso, that is simply not true. Drugs come 
into this country from Miami, from New York, from Detroit, from 
California. They come from everywhere.
  It has been in existence for 14 years and is functioning 
successfully. It is not a minor matter that it has 340 jobs. Johnstown 
has become accustomed to having this. Johnstown, as is well known 
historically, has had its tough time with two major floods. It doesn't 
deserve another flood by having this body saying the office ought to be 
removed at this time.
  I yield to my distinguished colleague from Scranton, PA.
  Mr. CASEY. I wish to reiterate much of what Senator Specter already 
said. This center is providing important law enforcement services right 
now, helping out on international drug trafficking, which helps out in 
the fight against terrorism.
  If we came to this floor every week and talked about what some 
Government agency said about a particular facility such as this, we 
would be having these votes all the time. I was the auditor of 
Pennsylvania. I know a lot about waste, fraud, and abuse. I know how to 
find it and root it out. But I also know you cannot take one Government 
agency's word for it. This center is providing an important service 
right now, in crime fighting, in keeping local law enforcement working 
with the Federal Government.
  It is an important facility in the State of Pennsylvania. There are 
people there who are working hard in Johnstown, PA. This is a diversion 
from some other things we have been doing.
  This is very important that we support this kind of facility. All the 
answers do not reside in Washington, DC. There are some people out 
there who know how to fight crime, some people out there who know how 
to root out and crack down on drug trafficking.
  This center plays that role. I urge my colleagues to vote against 
this amendment.
  Mr. COBURN. Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER. There are 3 minutes 11 seconds.
  Mr. COBURN. What you did not hear is what is the mission of the NDIC. 
It has no mission. That is the problem. The agency running this center 
says it should be closed--for very good reasons. It does not have an 
international mandate. They have had people fired because they are 
doing things that are outside of what restricted mission they have.
  The one program that works is DOSX, and those people who are 
functioning with DOSX have to go to wherever the information is, which 
they are extracting in the investigation. None of that is done in 
Johnstown. So if they travel, it doesn't matter where they start.
  The point is, the people who work there, who have run it, the people 
who are managing it, and the rest of the Drug Enforcement Agency and 
the rest

[[Page 25886]]

of our drug intelligence says it has no mission. It has accomplished 
very little. I rest my case and would appreciate a vote.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware Mr. (Biden) the 
Senator from New York (Mrs. Clinton), and the Senator from Illinois 
(Mr. Obama) are necessarily absent.
  Mr. LOTT. The following Senators are necessarily absent: The Senator 
from Kansas (Mr. Brownback) and the Senator from Arizona (Mr. McCain).
  The PRESIDING OFFICER (Mr. Pryor). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 26, nays 69, as follows:

                      [Rollcall Vote No. 356 Leg.]

                                YEAS--26

     Alexander
     Allard
     Barrasso
     Bunning
     Burr
     Carper
     Coburn
     Cornyn
     DeMint
     Dole
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Inhofe
     Kyl
     Lott
     Lugar
     Martinez
     McConnell
     Rockefeller
     Sessions
     Sununu
     Thune
     Vitter

                                NAYS--69

     Akaka
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Casey
     Chambliss
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Craig
     Crapo
     Dodd
     Domenici
     Dorgan
     Durbin
     Feinstein
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inouye
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Salazar
     Sanders
     Schumer
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Tester
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Biden
     Brownback
     Clinton
     McCain
     Obama
     The amendment (No. 2196) was rejected.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. Mr. President, I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


 Amendment Nos. 2902, 3000, 3041, 3073, 2127, as Modified; 3088, 2983, 
  3076, 2991, 2989, 3081, 3078, 3104, 2133, 3077, 2265, as Modified; 
3087, 2954, 2049, 2101, 2261, 2074, 2000, 2161, 2925, 2912, 2066, 2984, 
   as Modified; 3075, as Modified; 3089, as Modified; 3090, 2993, as 
 Modified; 2872, as Modified; 2214, as Modified; 2942, as Modified, to 
                           amendment No. 2011

  Mr. LEVIN. Mr. President, I call up the managers' package at the 
desk. This package has been agreed to in our unanimous consent 
agreement. This is the package that is referred to in that unanimous 
consent agreement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments were agreed to, as follows:


                           amendment no. 2902

     (Purpose: To provide for an enhancement of the utility of the 
Certificate of Release or Discharge from Active Duty of members of the 
                             Armed Forces)

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

     SEC. 594. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY.

       The Secretary of Defense shall, in consultation with the 
     Secretary of Veterans Affairs, modify the Certificate of 
     Release or Discharge from Active Duty (Department of Defense 
     from DD214) in order to permit a member of the Armed Forces, 
     upon discharge or release from active duty in the Armed 
     Forces, to elect the forwarding of the Certificate to the 
     following:
       (1) The Central Office of the Department of Veterans 
     Affairs in Washington, District of Columbia.
       (2) The appropriate office of the United States Department 
     of Veterans in the State in which the member will first 
     reside after such discharge or release.


                           amendment no. 3000

(Purpose: To provide for the relocation of the Joint Spectrum Center in 
 Annapolis, Maryland, to Fort Meade. Maryland, and the termination of 
                   the existing lease for the Center)

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

     SEC. 2842. AUTHORITY TO RELOCATE THE JOINT SPECTRUM CENTER TO 
                   FORT MEADE, MARYLAND.

       (a) Authority to Carry Out Relocation Agreement.--If deemed 
     to be in the best interest of national security and to the 
     physical protection of personnel and missions of the 
     Department of Defense, the Secretary of Defense may carry out 
     an agreement to relocate the Joint Spectrum Center, a 
     geographically separated unit of the Defense Information 
     Systems Agency, from Annapolis, Maryland to Fort Meade, 
     Maryland or another military installation, subject to an 
     agreement between the lease holder and the Department of 
     Defense for equitable and appropriate terms to facilitate the 
     relocation.
       (b) Authorization.--Any facility, road or infrastructure 
     constructed or altered on a military installation as a result 
     of the agreement must be authorized in accordance with 
     section 2802 of title 10, United States Code.
       (c) Termination of Existing Lease.--Upon completion of the 
     relocation of the Joint Spectrum Center, all right, title, 
     and interest of the United States in and to the existing 
     lease for the Joint Spectrum Center shall be terminated, as 
     contemplated under Condition 29.B of the lease.


                           Amendment no. 3041

              (Purpose: To protect small high-tech firms)

       At the end of title X, add the following:

     SEC. 1070. SMALL HIGH-TECH FIRMS.

       Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) 
     is amended by striking ``2008'' and inserting ``2010''.


                           amendment no. 3073

 (Purpose: To provide for transparency and accountability in military 
                       and security contracting)

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

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

       (a) Reports on Iraq and Afghanistan Contracts.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of the Interior, the Administrator of the United States 
     Agency for International Development, and the Director of 
     National Intelligence shall each submit to Congress a report 
     that contains the information, current as of the date of the 
     enactment of this Act, as follows:
       (1) The number of persons performing work in Iraq and 
     Afghanistan under contracts (and subcontracts at any tier) 
     entered into by departments and agencies of the United States 
     Government, including the Department of Defense, the 
     Department of State, the Department of the Interior, and the 
     United States Agency for International Development, 
     respectively, and a brief description of the functions 
     performed by these persons.
       (2) The companies awarded such contracts and subcontracts.
       (3) The total cost of such contracts.
       (4) A method for tracking the number of persons who have 
     been killed or wounded in performing work under such 
     contracts.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of Defense, the Secretary of State, the 
     Secretary of the Interior, the Administrator of the United 
     States Agency for International Development, and the Director 
     of National Intelligence should make their best efforts to 
     compile the most accurate accounting of the number of 
     civilian contractors killed or wounded in Iraq and 
     Afghanistan since October 1, 2001.
       (c) Department of Defense Report on Strategy for and 
     Appropriateness of Activities of Contractors Under Department 
     of Defense Contracts in Iraq, Afghanistan, and the Global War 
     on Terror.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth the strategy of the 
     Department of Defense for the use of, and a description of 
     the activities being carried out by, contractors and 
     subcontractors working in Iraq and Afghanistan in support of 
     Department missions in Iraq, Afghanistan, and the Global War 
     on Terror, including its strategy for ensuring that such 
     contracts do not--
       (1) have private companies and their employees performing 
     inherently governmental functions; or
       (2) place contractors in supervisory roles over United 
     States Government personnel.


                    Amendment No. 2127, as modified

       On page 236, line 8, strike ``and accounting for'' and 
     insert ``accounting for, and keeping appropriate records 
     of''.
       On page 236, between lines 14 and 15, insert the following:
       (C) a process for the registration and identification of 
     armored vehicles, helicopters, and other military vehicles 
     operated by contractors and subcontractors performing private 
     security functions in an area of combat operations;
       On page 236, line 15, strike ``(C)'' and insert ``(D)''.
       On page 236, beginning on line 15, strike ``for the 
     reporting of all incidents in which


[[Page 25887]]

     --'' and insert ``under which contractors are required to 
     report all incidents, and persons other than contractors are 
     permitted to report incidents, in which--''.
       On page 236, line 19, strike ``or''.
       On page 236, strike line 22 and insert the following:
     ations are filled or injured; or
       (iii) persons are killed or injured, or property is 
     destroyed, as a result of conduct by contractor personnel;
       On page 236, line 23, strike ``(D)'' and insert ``(E)''.
       On page 236, line 23, strike ``investigating--'' and insert 
     ``the independent review and, where appropriate, 
     investigation of--''.
       On page 236, line 25, strike ``(C)'' and insert ``(D)''.
       On page 237, line 4, strike ``(E)'' and insert ``(F)''.
       On page 237, line 8, strike ``(F)'' and insert ``(G)''.
       On page 237, strike line 15 and insert the following:
       (ii) predeployment training requirements for personnel 
     performing private security functions in an area of combat 
     operations, addressing the requirements of this section, 
     resources and assistance available to contractor personnel, 
     country information and cultural training, and guidance on 
     working with host country nationals and military; and
       On page 237, line 16, strike ``(ii)'' and insert ``(iii)''.
       On page 237, line 16, strike ``rules of engagement'' and 
     insert ``rules on the use of force''.
       On page 237, line 18, strike ``and'' at the end.
       On page 237, line 19, strike ``(G)'' and insert ``(H)''.
       On page 237, line 21, strike the period at the end and 
     insert the following: ``; and
       (I) a process by which the Department of Defense shall 
     implement the training requirements referred to in 
     subparagraph (G)(ii).
       (3) Availability of orders, directives, and instructions.--
     The regulations prescribed under subsection (a) shall include 
     mechanisms to ensure the provision and availability of the 
     orders, directives, and instructions referred to in paragraph 
     (2)(G)(i) to contractors and subcontractors referred to in 
     that paragraph, including through the maintenance of a single 
     location (including an Internet website) at or through which 
     such contractors and subcontractors may access such orders, 
     directives, and instructions.
       On page 238, beginning on line 15, strike ``and accounting 
     for'' and insert ``accounting for, and keeping appropriate 
     records of''.
       On page 238, strike line 23 and insert the following:
     ations;
       (iii) registration and identification of armored vehicles, 
     helicopters, and other military vehicles operated by 
     contractors and subcontractors performing private security 
     functions in an area of combat operations; and
       On page 238, line 24, strike ``(iii)'' and insert ``(iv)''.
       On page 239, line 4, strike ``or''.
       On page 239, strike line 7 and insert the following:

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

       On page 239, line 10, strike ``comply with--'' and insert 
     ``are briefed on and understand their obligation to comply 
     with--''.
       On page 240, line 3, strike ``rules of engagement'' and 
     insert ``rules on the use of force''.


                           amendment no. 3088

   (Purpose: To require a report on medical physical examinations of 
          members of the Armed Forces before their deployment)

       At the end of title VII, add the following:

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

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


                           amendment no. 2983

 (Purpose: To modify authorities relating to the Office of the Special 
               Inspector General for Iraq Reconstruction)

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

     SEC. 1535. MODIFICATION OF AUTHORITIES RELATED TO THE OFFICE 
                   OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ 
                   RECONSTRUCTION.

       (a) Termination Date.--Subsection (o)(1) of section 3001 of 
     the Emergency Supplemental Appropriations Act for Defense and 
     for the Reconstruction of Iraq and Afghanistan, 2004 (Public 
     Law 108-106; 117 Stat. 1238; 5 U.S.C. App., note to section 
     8G of Public Law 95-452), as amended by section 1054(b) of 
     the John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2397), section 2 of 
     the Iraq Reconstruction Accountability Act of 2006 (Public 
     Law 109-440), and section 3801 of the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 147) 
     is amended to read as follows:
       ``(1) The Office of the Inspector General shall terminate 
     90 days after the balance of funds appropriated or otherwise 
     made available for the reconstruction of Iraq is less than 
     $250,000,000.''.
       (b) Jurisdiction Over Reconstruction Funds.--Such section 
     is further amended by adding at the end the following new 
     subsection:
       ``(p) Rule of Construction.--For purposes of carrying out 
     the duties of the Special Inspector General for Iraq 
     Reconstruction, any United States funds appropriated or 
     otherwise made available for fiscal years 2006 through 2008 
     for the reconstruction of Iraq, irrespective of the 
     designation of such funds, shall be deemed to be amounts 
     appropriated or otherwise made available to the Iraq Relief 
     and Reconstruction Fund.''.
       (c) Hiring Authority.--Subsection (h)(1) of such section is 
     amended by inserting after ``pay rates'' the following: ``, 
     and may exercise the authorities of subsections (b) through 
     (i) of section 3161 of title 5, United States Code (without 
     regard to subsection (a) of such section)''.


                           amendment no. 3076

(Purpose: To require a report on family reunions between United States 
              citizens and their relatives in North Korea)

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

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

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

[[Page 25888]]




                           amendment no. 2991

   (Purpose: To require the Secretary of State and the Secretary of 
 Defense to prepare reports assessing capabilities to provide training 
and guidance to the command of an international intervention force that 
                   seeks to prevent mass atrocities)

       At the end of title XII, add the following:

     SEC. 1234. REPORTS ON PREVENTION OF MASS ATROCITIES.

       (a) Department of State Report.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit to the congressional defense committees, the 
     Committee on Foreign Relations of the Senate, and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report assessing the capability of the Department of State 
     to provide training and guidance to the command of an 
     international intervention force that seeks to prevent mass 
     atrocities.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) An evaluation of any doctrine currently used by the 
     Secretary of State to prepare for the training and guidance 
     of the command of an international intervention force.
       (B) An assessment of the role played by the United States 
     in developing the ``responsibility to protect'' doctrine 
     described in paragraphs 138 through 140 of the outcome 
     document of the High-level Plenary Meeting of the General 
     Assembly adopted by the United Nations in September 2005, and 
     an update on actions taken by the United States Mission to 
     the United Nations to discuss, promote, and implement such 
     doctrine.
       (C) An assessment of the potential capability of the 
     Department of State and other Federal departments and 
     agencies to support the development of new doctrines for the 
     training and guidance of an international intervention force 
     in keeping with the ``responsibility to protect'' doctrine.
       (D) Recommendations as to the steps necessary to allow the 
     Secretary of State to provide more effective training and 
     guidance to an international intervention force.
       (b) Department of Defense Report.--
       (1) Report required.--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, the 
     Committee on Foreign Relations of the Senate, and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report assessing the capability of the Department of 
     Defense to provide training and guidance to the command of an 
     international intervention force that seeks to prevent mass 
     atrocities.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) An evaluation of any doctrine currently used by the 
     Secretary of Defense to prepare for the training and guidance 
     of the command of an international intervention force.
       (B) An assessment of the potential capability of the 
     Department of Defense and other Federal departments and 
     agencies to support the development of new doctrines for the 
     training and guidance of an international intervention force 
     in keeping with the ``responsibility to protect'' doctrine.
       (C) Recommendations as to the steps necessary to allow the 
     Secretary of Defense to provide more effective training and 
     guidance to an international intervention force.
       (D) A summary of any assessments or studies of the 
     Department of Defense or other Federal departments or 
     agencies relating to ``Operation Artemis'', the 2004 French 
     military deployment and intervention in the eastern region of 
     the Democratic Republic of Congo to protect civilians from 
     local warring factions.
       (c) International Intervention Force.--For the purposes of 
     this section, ``international intervention force'' means a 
     military force that--
       (1) is authorized by the United Nations; and
       (2) has a mission that is narrowly focused on the 
     protection of civilian life and the prevention of mass 
     atrocities such as genocide.


                           amendment no. 2989

   (Purpose: To provide accurate monitoring and tracking of weapons 
provided to the Government of Iraq and other individuals and groups in 
                                 Iraq)

       At the end of title XV, add the following:

     SEC. 1535. TRACKING AND MONITORING OF DEFENSE ARTICLES 
                   PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER 
                   INDIVIDUALS AND GROUPS IN IRAQ.

       (a) Export and Transfer Control Policy.--The President, in 
     coordination with the Secretary of State and the Secretary of 
     Defense, shall implement a policy to control the export and 
     transfer of defense articles into Iraq, including 
     implementation of the registration and monitoring system 
     under subsection (c).
       (b) Requirement To Implement Control System.--
     Notwithstanding any other provision of law, no defense 
     articles may be provided to the Government of Iraq or any 
     other group, organization, citizen, or resident of Iraq until 
     the Secretary of State certifies that a registration and 
     monitoring system meeting the requirements set forth in 
     subsection (c) has been established.
       (c) Registration and Monitoring System.--The registration 
     and monitoring system required under this section shall 
     include--
       (1) the registration of the serial numbers of all small 
     arms provided to the Government of Iraq or to other groups, 
     organizations, citizens, or residents of Iraq;
       (2) a program of enhanced end-use monitoring of all lethal 
     defense articles provided to such entities or individuals; 
     and
       (3) a detailed record of the origin, shipping, and 
     distribution of all defense articles transferred under the 
     Iraq Security Forces Fund or any other security assistance 
     program to such entities or individuals in Iraq.
       (d) Review.--The President shall periodically review the 
     items subject to the registration and monitoring requirements 
     under subsection (c) to determine what items, if any, no 
     longer warrant export controls under such subsection. The 
     results of such reviews shall be reported to the Speaker of 
     the House of Representatives and to the Committee on Foreign 
     Relations, the Committee on Armed Services, and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate. The 
     President may not exempt any item from such requirements 
     until 30 days after the date on which the President has 
     provided notice of the proposed removal to the Committee on 
     Foreign Affairs of the House of Representatives and to the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate in accordance with the procedures 
     applicable to reprogramming notifications under section 
     634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2394-1). Such notice shall describe the nature of any 
     controls to be imposed on that item under any other provision 
     of law.
       (e) Definitions.--In this section:
       (1) Defense article.--The term ``defense article'' has the 
     meaning given the term in section 644(d) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403)(d)).
       (2) Small arms.--The term ``small arms'' means--
       (A) handguns;
       (B) shoulder-fired weapons;
       (C) light automatic weapons up to and including .50 caliber 
     machine guns;
       (D) recoilless rifles up to and including 106mm;
       (E) mortars up to and including 81mm;
       (F) rocket launchers, man-portable;
       (G) grenade launchers, rifle and shoulder fired; and
       (H) individually operated weapons which are portable or can 
     be fired without special mounts or firing devices and which 
     have potential use in civil disturbances and are vulnerable 
     to theft.
       (f) Effective Date.--This section shall take effect 90 days 
     after the date of the enactment of this Act, unless the 
     President certifies in writing to Congress that it is in the 
     vital interest of the United States to delay the effective 
     date of this section by an additional period of up to 90 
     days, including an explanation of such vital interest, in 
     which case the section shall take effect on such later 
     effective date.


                           amendment no. 3081

  (The Amendment is printed in today's Record under ``Text of 
Amendments.)


                           amendment no. 3078

  (Purpose: Relating to administrative separations of members of the 
                 Armed Forces for personality disorder)

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

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

       (a) Clinical Review of Administrative Separations Based on 
     Personality Disorder.--
       (1) Review of separations of certain members.--Not later 
     than 30 days after the date of the enactment of this Act, and 
     continuing until the Secretary of Defense submits to Congress 
     the report required by subsection (b), a covered member of 
     the Armed Forces may not, except as provided in paragraph 
     (2), be administratively separated from the Armed Forces on 
     the basis of a personality disorder.
       (2) Clinical review of proposed separations based on 
     personality disorder.--
       (A) In general.--A covered member of the Armed Forces may 
     be administratively separated from the Armed Forces on the 
     basis of a personality disorder under this paragraph if a 
     clinical review of the case is conducted by a senior officer 
     in the office of the Surgeon General of the Armed Force 
     concerned who is a credentialed mental health provider and 
     who is fully qualified to review cases involving maladaptive 
     behavior (personality disorder), diagnosis and treatment of 
     post-traumatic stress disorder, or other mental health 
     conditions.
       (B) Purposes of review.--The purposes of the review with 
     respect to a member under subparagraph (A) are as follows:
       (i) To determine whether the diagnosis of personality order 
     in the member is correct and fully documented.
       (ii) To determine whether evidence of other mental health 
     conditions (including depression, post-traumatic stress 
     disorder, substance abuse, or traumatic brain injury) 
     resulting from service in a combat zone may exist in the 
     member which indicate that the separation of the member from 
     the Armed

[[Page 25889]]

     Forces on the basis of a personality disorder is 
     inappropriate pending diagnosis and treatment, and, if so, 
     whether initiation of medical board procedures for the member 
     is warranted.
       (b) Secretary of Defense Report on Administrative 
     Separations Based on Personality Disorder.--
       (1) Report required.--Not later than April 1, 2008, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on all cases of administrative separation from the 
     Armed Forces of covered members of the Armed Forces on the 
     basis of a personality disorder.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A statement of the total number of cases, by Armed 
     Force, in which covered members of the Armed Forces have been 
     separated from the Armed Forces on the basis of a personality 
     disorder, and an identification of the various forms of 
     personality order forming the basis for such separations.
       (B) A statement of the total number of cases, by Armed 
     Force, in which covered members of the Armed Forces who have 
     served in Iraq and Afghanistan since October 2001 have been 
     separated from the Armed Forces on the basis of a personality 
     disorder, and the identification of the various forms of 
     personality disorder forming the basis for such separations.
       (C) A summary of the policies, by Armed Forces, controlling 
     administrative separations of members of the Armed Forces 
     based on personality disorder, and an evaluation of the 
     adequacy of such policies for ensuring that covered members 
     of the Armed Forces who may be eligible for disability 
     evaluation due to mental health conditions are not separated 
     from the Armed Forces prematurely or unjustly on the basis of 
     a personality order.
       (D) A discussion of measures being implemented to ensure 
     that members of the Armed Forces who should be evaluated for 
     disability separation or retirement due to mental health 
     conditions are not prematurely or unjustly processed for 
     separation from the Armed Forces on the basis of a 
     personality disorder, and recommendations regarding how 
     members of the Armed Forces who may have been so separated 
     from the Armed Forces should be provided with expedited 
     review by the applicable board for the correction of military 
     records.
       (c) Comptroller General Report on Policies on 
     Administrative Separation Based on Personality Disorder.--
       (1) Report required.--Not later than June 1, 2008, the 
     Comptroller General shall submit to Congress a report on the 
     policies and procedures of the Department of Defense and of 
     the military departments relating to the separation of 
     members of the Armed Forces based on a personality disorder.
       (2) Elements.--The report required by paragraph (1) shall--
       (A) include an audit of a sampling of cases to determine 
     the validity and clinical efficacy of the policies and 
     procedures referred to in paragraph (1) and the extent, if 
     any, of the divergence between the terms of such policies and 
     procedures and the implementation of such policies and 
     procedures; and
       (B) include a determination by the Comptroller General of 
     whether, and to what extent, the policies and procedures 
     referred to in paragraph (1)--
       (i) deviate from standard clinical diagnostic practices and 
     current clinical standards; and
       (ii) provide adequate safeguards aimed at ensuring that 
     members of the Armed Forces who suffer from mental health 
     conditions (including depression, post-traumatic stress 
     disorder, or traumatic brain injury) resulting from service 
     in a combat zone are not prematurely or unjustly separated 
     from the Armed Forces on the basis of a personality disorder.
       (d) Covered Member of the Armed Forces Defined.--In this 
     section, the term ``covered member of the Armed 
     Forces''includes the following:
       (1) Any member of a regular component of the Armed Forces 
     of the Armed Forces who has served in Iraq or Afghanistan 
     since October 2001.
       (2) Any member of the Selected Reserve of the Ready Reserve 
     of the Armed Forces who served on active duty in Iraq or 
     Afghanistan since October 2001.


                           amendment no. 3104

 (Purpose: To express the sense of Congress on the Air Force strategy 
   for the replacement of the aerial refueling tanker aircraft fleet)

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

     SEC. 143. SENSE OF CONGRESS ON THE AIR FORCE STRATEGY FOR THE 
                   REPLACEMENT OF THE AERIAL REFUELING TANKER 
                   AIRCRAFT FLEET.

       (a) Findings.--Congress makes the following findings:
       (1) A properly executed comprehensive strategy to replace 
     Air Force tankers will allow the United States military to 
     continue to project combat capability anywhere in the world 
     on short notice without relying on intermediate bases for 
     refueling.
       (2) With an average age of 45 years, it is estimated that 
     it will take over 30 years to replace the KC-135 aircraft 
     fleet with the funding currently in place.
       (3) In addition to the KC-X program of record, which 
     supports the tanker replacement strategy, the Air Force 
     should immediately pursue that part of the tanker replacement 
     strategy that would support, augment, or enhance the Air 
     Force air refueling mission, such as Fee-for-Service support 
     or modifications and upgrades to maintain the viability of 
     the KC-135 aircraft force structure as the Air Force 
     recapitalizes the tanker fleet.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the timely modernization of the Air Force aerial 
     refueling tanker fleet is a vital national security priority; 
     and
       (2) in furtherance of meeting this priority, the Secretary 
     of the Air Force has initiated, and Congress approves of, a 
     comprehensive strategy for replacing the aerial refueling 
     tanker aircraft fleet, which includes the following elements:
       (A) Replacement of the aging tanker aircraft fleet with 
     newer and improved capabilities under the KC-X program of 
     record which supports the tanker replacement strategy, 
     through the purchase of new commercial derivative aircraft.
       (B) Sustainment and extension of the legacy tanker aircraft 
     fleet until replacement through depot-type modifications and 
     upgrades of KC-135 aircraft and KC-10 aircraft.
       (C) Augmentation of the aerial refueling capability through 
     aerial refueling Fee-for-Service.


                           amendment no. 2133

 (Purpose: To modify the calculation of back pay for persons who were 
 approved for promotion as members of the Navy and Marine Corps while 
 interned as prisoners of war during World War II to take into account 
                  changes in the Consumer Price Index)

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

     SEC. 683. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF 
                   NAVY AND MARINE CORPS SELECTED FOR PROMOTION 
                   WHILE INTERNED AS PRISONERS OF WAR DURING WORLD 
                   WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER 
                   PRICE INDEX.

       (a) Modification.--Section 667(c) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-170) 
     is amended by adding at the end the following new paragraph:
       ``(3) The amount determined for a person under paragraph 
     (1) shall be increased to reflect increases in cost of living 
     since the basic pay referred to in paragraph (1)(B) was paid 
     to or for that person, calculated on the basis of the 
     Consumer Price Index (all items--United States city average) 
     published monthly by the Bureau of Labor Statistics.''.
       (b) Recalculation of Previous Payments.--In the case of any 
     payment of back pay made to or for a person under section 667 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 before the date of the enactment of this 
     Act, the Secretary of the Navy shall--
       (1) recalculate the amount of back pay to which the person 
     is entitled by reason of the amendment made by subsection 
     (a); and
       (2) if the amount of back pay, as so recalculated, exceeds 
     the amount of back pay so paid, pay the person, or the 
     surviving spouse of the person, an amount equal to the 
     excess.


                           amendment no. 3077

        (Purpose: Relating to the Littoral Combat Ship program)

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

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

       (a) Findings.--Congress makes the following findings:
       (1) The plan of the Chief of Naval Operations to 
     recapitalize the United States Navy to at least 313 battle 
     force ships is essential for meeting the long-term 
     requirements of the National Military Strategy.
       (2) Fiscal challenges to the plan to build a 313-ship fleet 
     require that the Navy exercise discipline in determining 
     warfighter requirements and responsibility in estimating, 
     budgeting, and controlling costs.
       (3) The 55-ship Littoral Combat Ship (LCS) program is 
     central to the shipbuilding plan of the Navy. The inability 
     of the Navy to control requirements and costs on the two lead 
     ships of the Littoral Combat Ship program raises serious 
     concerns regarding the capacity of the Navy to affordably 
     build a 313-ship fleet.
       (4) According to information provided to Congress by the 
     Navy, the cost growth in the Littoral Combat Ship program was 
     attributable to several factors, most notably that--
       (A) the strategy adopted for the Littoral Combat Ship 
     program, a so-called ``concurrent design-build'' strategy, 
     was a high-risk strategy that did not account for that risk 
     in the cost and schedule for the lead ships in the program;

[[Page 25890]]

       (B) inadequate emphasis was placed on ``bid realism'' in 
     the evaluation of contract proposals under the program;
       (C) late incorporation of Naval Vessel Rules into the 
     program caused significant design delays and cost growth;
       (D) the Earned Value Management System of the contractor 
     under the program did not adequately measure shipyard 
     performance, and the Navy program organizations did not 
     independently assess cost performance;
       (E) the Littoral Combat Ship program organization was 
     understaffed and lacking in the experience and qualifications 
     required for a major defense acquisition program;
       (F) the Littoral Combat Ship program organization was aware 
     of the increasing costs of the Littoral Combat Ship program, 
     but did not communicate those cost increases directly to the 
     Assistant Secretary of the Navy in a time manner; and
       (G) the relationship between the Naval Sea Systems Command 
     and the program executive offices for the program was 
     dysfunctional.
       (b) Requirement.--In order to halt further cost growth in 
     the Littoral Combat Ship program, costs and government 
     liability under future contracts under the Littoral Combat 
     Ship program shall be limited as follows:
       (1) Limitation of costs.--The total amount obligated or 
     expended for the procurement costs of the fifth and sixth 
     vessels in the Littoral Combat Ship (LCS) class of vessels 
     shall not exceed $460,000,000 per vessel.
       (2) Procurement costs.--For purposes of paragraph (1), 
     procurement costs shall include all costs for plans, basic 
     construction, change orders, electronics, ordnance, 
     contractor support, and other costs associated with 
     completion of production drawings, ship construction, test, 
     and delivery, including work performed post-delivery that is 
     required to meet original contract requirements.
       (3) Contract type.--The Navy shall employ a fixed-price 
     type contract for construction of the fifth and following 
     ships of the Littoral Combat Ship class of vessels.
       (4) Limitation of government liability.--The Navy shall not 
     enter into a contract, or modify a contract, for construction 
     of the fifth or sixth vessel of the Littoral Combat Ship 
     class of vessels if the limitation of the Government's cost 
     liability, when added to the sum of other budgeted 
     procurement costs, would exceed $460,000,000 per vessel.
       (5) Adjustment of limitation amount.--The Secretary of the 
     Navy may adjust the amount set forth in paragraphs (1) and 
     (4) for either vessel referred to in such paragraph by the 
     following:
       (A) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2007.
       (B) The amounts of outfitting costs and costs required to 
     complete post-delivery test and trials.
       (c) Repeal of Superseded Authority.--Section 124 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3157) is repealed.


                    amendment no. 2265, as modified

       On page 299, line 7, strike ``fifth fiscal year'' and 
     insert ``fourth fiscal year''.
       On page 299, line 9, strike ``fifth fiscal year'' and 
     insert ``fourth fiscal year''.


                           Amendment no. 3087

 (Purpose: To require reports on the utilization of tuition assistance 
                benefits by members of the Armed Forces)

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

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

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


                           Amendment no. 2954

  (Purpose: To increase the amount authorized to repair, restore, and 
   preserve the Lafayette Escadrille Memorial in Marnes-la-Coquette, 
                                France)

       At the end of title X, add the following:

     SEC. 1070. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND 
                   PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL, 
                   MARNES-LA-COQUETTE, FRANCE.

       Section 1065 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1233) is 
     amended--
       (1) in subsection (a)(2), by striking ``$2,000,000'' and 
     inserting ``$2,500,000''; and
       (2) in subsection (e), by striking ``under section 
     301(a)(4)''.


                           Amendment no. 2049

    (Purpose: To modify the effective date of applicability of the 
      commencement or receipt of non-regular service retired pay)

       On page 155, beginning on line 18, strike ``the date of the 
     enactment of this subsection'' and insert ``September 11, 
     2001''.


                           amendment no. 2101

  (Purpose: To enhance education benefits for certain members of the 
                          reserve components)

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

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

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

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

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

[[Page 25891]]

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

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

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

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

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

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

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

[[Page 25892]]

       ``(A) an amount equal to $5 for each $20 contributed by 
     such individual under paragraph (1) for an approved program 
     of education pursued on a full-time basis; or
       ``(B) an appropriately reduced amount based on the amount 
     so contributed as determined under regulations that the 
     Secretary of Veterans Affairs shall prescribe, for an 
     approved program of education pursued on less than a full-
     time basis.''.


                           Amendment No. 2261

(Purpose: To extend the period of entitlement to educational assistance 
 for certain members of the Selected Reserve affected by force shaping 
                              initiatives)

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

     SEC. 673. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL 
                   ASSISTANCE FOR CERTAIN MEMBERS OF THE SELECTED 
                   RESERVE AFFECTED BY FORCE SHAPING INITIATIVES.

       Section 16133(b)(1)(B) of title 10, United States Code, is 
     amended by inserting ``or the period beginning on October 1, 
     2007, and ending on September 30, 2014,'' after ``December 
     31, 2001,''.


                           Amendment No. 2074

     (Purpose: To modify the time limit for use of entitlement to 
    educational assistance for reserve component members supporting 
              contingency operations and other operations)

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

     SEC. 673. MODIFICATION OF TIME LIMIT FOR USE OF ENTITLEMENT 
                   TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT 
                   MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND 
                   OTHER OPERATIONS.

       (a) Modification.--Section 16164(a) of title 10, United 
     States Code, is amended by striking ``this chapter while 
     serving--'' and all that follows and inserting ``this 
     chapter--
       ``(1) while the member is serving--
       ``(A) in the Selected Reserve of the Ready Reserve, in the 
     case of a member called or ordered to active service while 
     serving in the Selected Reserve; or
       ``(B) in the Ready Reserve, in the case of a member ordered 
     to active duty while serving in the Ready Reserve (other than 
     the Selected Reserve); and
       ``(2) in the case of a person who separates from the 
     Selected Reserve of the Ready Reserve after completion of a 
     period of active service described in section 16163 of this 
     title and completion of a service contract under other than 
     dishonorable conditions, during the 10-year period beginning 
     on the date on which the person separates from the Selected 
     Reserve.''.
       (b) Conforming Amendment.--Paragraph (2) of section 
     16165(a) of such title is amended to read as follows:
       ``(2) when the member separates from the Ready Reserve as 
     provided in section 16164(a)(1) of this title, or upon 
     completion of the period provided for in section 16164(a)(2) 
     of this title, as applicable.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 28, 2004, as if included in the 
     enactment of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375), 
     to which such amendments relate.


                           amendment no. 2000

(Purpose: To repeal the requirement for reduction of survivor annuities 
 under the Survivor Benefit Plan by veterans' dependency and indemnity 
   compensation and to modify the date of paid-up coverage under the 
                         Survivor Benefit Plan)

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

     SEC. 656. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR 
                   BENEFIT PLAN SURVIVOR ANNUITIES BY DEPENDENCY 
                   AND INDEMNITY COMPENSATION.

       (a) Repeal.--
       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e); and
       (ii) by striking subsection (k).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d)(2) of such title is amended--
       (1) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children.--In the 
     case of a member described in paragraph (1),''; and
       (2) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--The sections and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.

     SEC. 657. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER SURVIVOR 
                   BENEFIT PLAN.

       (a) Survivor Benefit Plan.--Section 1452(j) of title 10, 
     United States Code, is amended by striking ``October 1, 
     2008'' and inserting ``October 1, 2007''.
       (b) Retired Serviceman's Family Protection Plan.--Section 
     1436a of such title is amended by striking ``October 1, 
     2008'' and inserting ``October 1, 2007''.


                           AMENDMENT NO. 2161

(Purpose: To repeal the annual limit on the number of Reserve Officers' 
 Training Corps scholarships under the Army Reserve and Army National 
                  Guard financial assistance program)

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

     SEC. 555. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC 
                   SCHOLARSHIPS UNDER ARMY RESERVE AND ARMY 
                   NATIONAL GUARD FINANCIAL ASSISTANCE PROGRAM.

       Section 2107a(h) of title 10, United States Code, is 
     amended by striking ``not more than 416 cadets each year 
     under this section, to include'' and inserting ``each year 
     under this section''.


                           AMENDMENT NO. 2925

(Purpose: To provide that veterans with service-connected disabilities 
  rated as total by virtue of unemployability shall be covered by the 
 termination of the phase-in of concurrent receipt of retired pay and 
        veterans disability compensation for military retirees).

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

     SEC. 656. INCLUSION OF VETERANS WITH SERVICE-CONNECTED 
                   DISABILITIES RATED AS TOTAL BY REASON OF 
                   UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN 
                   OF CONCURRENT RECEIPT OF RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION.

       (a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, 
     United States Code, is amended by striking ``except that'' 
     and all that follows and inserting ``except that payment of 
     retired pay is subject to subsection (c) only during the 
     period beginning on January 1, 2004, and ending on December 
     31, 2004, in the case of the following:
       ``(A) A qualified retiree receiving veterans' disability 
     compensation for a disability rated as 100 percent.
       ``(B) A qualified retiree receiving veterans' disability 
     compensation at the rate payable for a 100 percent disability 
     by reason of a determination of individual 
     unemployability.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on December 31, 2004.


                           AMENDMENT NO. 2912

 (Purpose: Relating to increases in charges and fees for medical care)

       At the end of title VII, add the following:

[[Page 25893]]



     SEC. 703. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN 
                   CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE 
                   UNIFORMED SERVICES.

       (a) Charges Under Contracts for Medical Care.--Section 
     1097(e) of title 10, United States Code, is amended by 
     striking ``September 30, 2007'' and inserting ``September 30, 
     2008''.
       (b) Charges for Inpatient Care.--Section 1086(b)(3) of such 
     title is amended by striking ``September 30, 2007'' and 
     inserting ``September 30, 2008''.
       (c) Premiums Under TRICARE Coverage for Certain Members in 
     the Selected Reserve.--Section 1076d(d)(3) of such title is 
     amended by striking ``September 30, 2007'' and inserting 
     ``September 30, 2008''.
       (d) Premiums Under TRICARE Coverage for Members of the 
     Ready Reserve.--Section 1076b(e)(3) of such title is amended 
     by striking ``September 30, 2007'' and inserting ``September 
     30, 2008''.

     SEC. 704. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 
                   UNDER RETAIL PHARMACY SYSTEM OF PHARMACY 
                   BENEFITS PROGRAM.

       During the period beginning on October 1, 2007, and ending 
     on September 30, 2008, the cost sharing requirements 
     established under paragraph (6) of section 1074g(a) of title 
     10, United States Code, for pharmaceutical agents available 
     through retail pharmacies covered by paragraph (2)(E)(ii) of 
     such section may not exceed amounts as follows:
       (1) In the case of generic agents, $3.
       (2) In the case of formulary agents, $9.
       (3) In the case of nonformulary agents, $22.

     SEC. 705. SENSE OF CONGRESS ON FEES AND ADJUSTMENTS UNDER THE 
                   TRICARE PROGRAM.

       It is the sense of Congress that--
       (1) career members of the uniformed services and their 
     families endure unique and extraordinary demands, and make 
     extraordinary sacrifices, over the course of 20-year to 30-
     year careers in protecting freedom for all Americans;
       (2) these demands and sacrifices are such that few 
     Americans are willing to accept them for a multi-decade 
     career;
       (3) a primary benefit of enduring the extraordinary 
     sacrifices inherent in a military career is a system of 
     exceptional retirement benefits that a grateful Nation 
     provides for those who choose to subordinate much of their 
     personal life to the national interest for so many years;
       (4) proposals to compare cash fees paid by retired military 
     members and their families to fees paid by civilians fail to 
     recognize adequately that military members prepay the 
     equivalent of very large advance premiums for health care in 
     retirement through their extended service and sacrifice, in 
     addition to cash fees, deductibles, and copayments;
       (5) the Department of Defense and the Nation have a 
     committed obligation to provide health care benefits to 
     active duty, National Guard, Reserve and retired members of 
     the uniformed services and their families and survivors that 
     considerably exceeds the obligation of corporate employers to 
     provide health care benefits to their employees; and
       (6) the Department of Defense has options to constrain the 
     growth of health care spending in ways that do not 
     disadvantage retired members of the uniformed services, and 
     should pursue any and all such options as a first priority.


                           Amendment No. 2066

    (Purpose: To provide for the retention of reimbursement for the 
           provision of reciprocal fire protection services)

       At the end of title X, add the following:

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

       Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 
     67; 42 U.S.C. 1856d) is amended--
       (1) by striking ``Funds'' and inserting ``(a) Funds''; and
       (2) by adding at the end the following new subsection:
       ``(b) Notwithstanding the provisions of subsection (a), all 
     sums received for any Department of Defense activity for fire 
     protection rendered pursuant to this Act shall be credited to 
     the appropriation fund or account from which the expenses 
     were paid. Amounts so credited shall be merged with funds in 
     such appropriation fund or account and shall be available for 
     the same purposes and subject to the same limitations as the 
     funds with which the funds are merged.''.


                    Amendment No. 2984, as modified

       At the appropriate place, insert the following:

     SEC. __. NATIONAL CENTER FOR HUMAN PERFORMANCE.

       The scientific institute to perform research and education 
     in medicine and related sciences to enhance human performance 
     that is located at the Texas Medical Center shall hereafter 
     be known as the ``National Center for Human Performance''. 
     Nothing in this section shall be construed to convey on such 
     institute status as a center of excellence under the Public 
     Health Service Act or as a Center of the National Institutes 
     of Health under Title IV of such act.


                    Amendment No. 3075, as modified

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

     SEC. 1535. IMPROVISED EXPLOSIVE DEVICE PROTECTION FOR 
                   MILITARY VEHICLES.

       (a) Procurement of Additional Mine Resistant Ambush 
     Protected Vehicles.--
       (1) Additional amount for army other procurement.--The 
     amount authorized to be appropriated by section 1501(5) for 
     other procurement for the Army is hereby increased by 
     $23,600,000,000.
       (2) Availability for procurement of additional mrap 
     vehicles.--Of the amount authorized to be appropriated by 
     section 1501(5) for other procurement for the Army, as 
     increased by paragraph (1), $23,600,000,000 may be available 
     for the procurement of 15,200 Mine Resistant Ambush Protected 
     (MRAP) Vehicles.


                    AMENDMENT NO. 3089, as modified

       At the end of title VII, add the following:

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

       Section 1145(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (3), by striking ``Transitional health 
     care'' and inserting ``Except as provided in paragraph (6), 
     transitional health care''; and
       (2) by adding at the end the following new paragraph:
       ``(6) A member who has a medical condition relating to 
     service on active duty that warrants further medical care 
     shall be entitled to receive medical and dental care for such 
     medical condition as if the member were a member of the armed 
     forces on active duty until such medical condition is 
     resolved.
       ``(C) The Secretary concerned shall ensure that the Defense 
     Enrollment and Eligibility Reporting System (DEERS) is 
     continually updated in order to reflect the continuing 
     entitlement of members covered by subparagraph (B) to the 
     medical and dental care referred to in that subparagraph.''.


                           AMENDMENT NO. 3090

 (Purpose: To enhance the computation of years of service for purposes 
                of retired pay for non-regular service)

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

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

       Section 12733(3) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period and 
     inserting ``before the year of service that includes October 
     30, 2007; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) 130 days in the year of service that includes October 
     30, 2007, and any subsequent year of service.''.


                    amendment no. 2993, as modified

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

     SEC. 1535. SENSE OF CONGRESS ON THE CAPTURE OF OSAMA BIN 
                   LADEN AND THE AL QAEDA LEADERSHIP.

       It is the Sense of Congress that it should be the policy of 
     the United States Government that the foremost objective of 
     United States counterterrorist operations is to protect 
     United States persons and property from terrorist attacks by 
     capturing or killing Osama bin Laden, Ayman al-Zawahiri, and 
     other leaders of al Qaeda and destroying the al Qaeda 
     network.


                    AMENDMENT NO. 2872, as modified

                    Subtitle D--Iraq Refugee Crisis

     SEC. 1541. SHORT TITLE.

       This subtitle may be cited as the ``Refugee Crisis in Iraq 
     Act''.

     SEC. 1542. PROCESSING MECHANISMS.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall establish or 
     use existing refugee processing mechanisms in Iraq and in 
     countries, where appropriate, in the region in which--
       (1) aliens described in section 1543 may apply and 
     interview for admission to the United States as refugees; and
       (2) aliens described in section 1544(b) may apply and 
     interview for admission to United States as special 
     immigrants.
       (b) Suspension.--The Secretary of State, in consultation 
     with the Secretary of Homeland of Security, may suspend in-
     country processing for a period not to exceed 90 days. Such 
     suspension may be extended by the Secretary of State upon 
     notification to the Committee on the Judiciary of the Senate, 
     the Committee on Foreign Relations of the Senate, the 
     Committee on the Judiciary of the House of Representatives, 
     and the Committee on Foreign Affairs of the House of 
     Representatives. The Secretary of State shall submit a report 
     to the Committees of jurisdiction outlining the basis of such 
     suspension and any extensions.
       (c) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     submit a report that contains the plans and assessment 
     described in paragraph (2) to--
       (A) the Committee on the Judiciary of the Senate;

[[Page 25894]]

       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (I) 
     shall--
       (A) describe the Secretary's plans to establish the 
     processing mechanisms described in subsection (a);
       (B) contain an assessment of in-country processing that 
     makes use of videoconferencing; and
       (C) describe the Secretary of State's diplomatic efforts to 
     improve issuance of entry and exit visas or permits to United 
     States personnel and refugees.

     SEC. 1543. UNITED STATES REFUGEE PROGRAM PROCESSING 
                   PRIORITIES.

       (a) In General.--Refugees of special humanitarian concern 
     eligible for Priority 2 processing under the refugee 
     resettlement priority system who may apply directly to the 
     United States Admission Program shall include--
       (1) Iraqis who were or are employed by, or worked for the 
     United States Government, in Iraq;
       (2) Iraqis who establish to the satisfaction of the 
     Secretary of State in coordination with the Secretary of 
     Homeland Security that they are or were employed in Iraq by--
       (A) a media or nongovernmental organization headquartered 
     in the United States; or
       (B) an organization or entity closely associated with the 
     United States mission in Iraq that has received United States 
     Government funding through an official and documented 
     contract, award, grant, or cooperative agreement; and
       (3) spouses, children, and parents who are not accompanying 
     or following to join and sons, daughters, and siblings of 
     aliens described in paragraph (1) or section 1544(b)(1); and
       (4) Iraqis who are members of a religious or minority 
     community, have been identified by the Department of State 
     with the concurrence of the Department of Homeland Security 
     as a persecuted group, and have close family members (as 
     described in section 201 (b)(2)(A)(i) or 203(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) 
     and 1153(a))) in the United States.
       (b) Identification of Other Persecuted Groups.-- The 
     Secretary of State and the Secretary of Homeland Security are 
     authorized to identify other Priority 2 groups in Iraq.
       (c) Ineligible Organizations and Entities.--Organizations 
     and entities described in section 1543 shall not include any 
     that appear on the Department of the Treasury's list of 
     Specially Designated Nationals or any entity specifically 
     excluded by the Secretary of Homeland Security, after 
     consultation with the Department of State and relevant 
     intelligence agencies.
       (d) Aliens under this section who qualify for Priority 2 
     processing must meet the requirements of section 207 of the 
     Immigration and Nationality Act.

     SEC. 1544. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

       (a) In General.--Subject to subsection (c)(1) and 
     notwithstanding any other provision of law, for purposes of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     the Secretary of Homeland Security may provide an alien 
     described in subsection (b) with the status of a special 
     immigrant under section 101(a)(27) of such Act (8 U.S.C. 
     1101(a)(27)'', if the alien--
       (1) or an agent acting on behalf of the alien, submits to 
     the Secretary a petition under section 204 of such Act (8 
     U.S.C. 1154) for classification under section 203(b)(4) of 
     such Act (8 U.S.C. 1153(b)(4));
       (2) is otherwise eligible to receive an immigrant visa;
       (3) is otherwise admissible to the United States for 
     permanent residence (excluding the grounds for 
     inadmissibility specified in section 212(a)(4) of such Act (8 
     U.S.C. 1182(a)(4)); and
       (4) cleared a background check and appropriate screening, 
     as determined by the Secretary of Homeland Security.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if the alien--
       (A) is a national of Iraq;
       (B) was or is employed by, or worked for the United States 
     Government in Iraq, in or after 2003, for a period of not 
     less than 1 year;
       (C) provided faithful and valuable service to the United 
     States Government, which is documented in a positive 
     recommendation or evaluation from the employee's senior 
     supervisor. Such evaluation or recommendation must be 
     accompanied by approval from the Chief of Mission or his 
     designee who shall conduct a risk assessment of the alien and 
     an independent review of records maintained by the hiring 
     organization or entity to confirm employment and faithful and 
     valuable service prior to approval of a petition under this 
     section; and
       (D) has experienced or is experiencing an ongoing serious 
     threat as a consequence of their employment by the United 
     States Government.
       (2) Spouses and children.--An alien is described in this 
     subsection if the alien is--
       (A) the spouse or child of a principal alien described in 
     paragraph (l); and
       (B) is accompanying or following to join the principal 
     alien in the United States.
       (3) Treatment of surviving spouse or child--An alien shall 
     also fall within subsection (b) of section 1544 of this Act, 
     if--
       (1) the alien was the spouse or child of a principal alien 
     who had an approved petition with the Secretary of Homeland 
     Security or the Secretary of State pursuant to section 1544 
     of this Act or section 1059 of the National Defense 
     Authorization Act for the Fiscal Year 2006, Public Law 109-
     163, as amended by Public Law 110-36, which included the 
     alien as an accompanying spouse or child; and
       (2) due to the death of the petitioning alien, such 
     petition was revoked or terminated (or otherwise rendered 
     null) after its approval.
       (c) Numerical Limitations.--
       (1) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this section 
     may not exceed 5,000 per year for each of the 5 fiscal years 
     beginning after the date of the enactment of this Act. The 
     authority provided by subsection (a) of this section shall 
     expire on September 30 of the fiscal year that is the fifth 
     fiscal year beginning after the date of enactment of this 
     Act.
       (2) Exclusion from numerical limitations.--Aliens provided 
     special immigrant status under this section shall not be 
     counted against any numerical limitation under sections 
     20l(d), 202(a), or 203 (b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. l15l(d), 1 152(a), and 1 1 
     53(b)(4)).
       (3) Carry forward.--If the numerical limitation under 
     paragraph (1) is not reached during a given fiscal year, the 
     numerical limitation under paragraph (1) for the following 
     fiscal year shall be increased by a number equal to the 
     difference between--
       (A) the number of visas authorized under paragraph (1) for 
     the given fiscal year; and
       (B) the number of principal aliens provided special 
     immigrant status under this section during the given fiscal 
     year.
       (d) Visa and Passport Issuance and Fees.--Neither the 
     Secretary of State nor the Secretary of Homeland Security may 
     charge an alien described in subsection (b) any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa. The Secretary of State shall make a 
     reasonable effort to ensure that aliens described in this 
     section who are issued special immigrant visas are provided 
     with the appropriate series Iraqi passport necessary to enter 
     the United States.
       (e) Protection of Aliens.--The Secretary of State, in 
     consultation with other relevant Federal agencies, shall make 
     a reasonable effort to provide an alien described in this 
     section who is applying for a special immigrant visa with 
     protection or the immediate removal from Iraq, if possible, 
     of such alien if the Secretary determines after consultation 
     that such alien is in imminent danger.
       (f) Definitions.--The terms defined in this Act shall have 
     the same meaning as those terms in the Immigration and 
     Nationality Act.
       (g) Savings Provision.--Nothing in this section may be 
     construed to affect the authority of the Secretary of 
     Homeland Security under section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163).

     SEC. 1545. MINISTER COUNSELORS FOR IRAQI REFUGEES AND 
                   INTERNALLY DISPLACED PERSONS.

       (a) In General.--The Secretary of State shall establish in 
     the embassy of the United States located in Baghdad, Iraq, a 
     Minister Counselor for Iraqi Refugees and Internally 
     Displaced Persons (referred to in this section as the 
     ``Minister Counselor for Iraq'').
       (b) Duties.--The Minister Counselor for Iraq shall be 
     responsible for the oversight of processing for resettlement 
     of persons considered Priority 2 refugees of special 
     humanitarian concern, special immigrant visa programs in 
     Iraq, and the development and implementation of other 
     appropriate policies and programs concerning Iraqi refugees 
     and internally displaced persons. The Minister Counselor for 
     Iraq shall have the authority to refer persons to the United 
     States refugee resettlement program.
       (c) Designation of Minister Counselors.--The Secretary of 
     State shall designate in the embassies of the United States 
     located in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and 
     Beirut, Lebanon a Minister Counselor to oversee resettlement 
     to the United States of persons considered Priority 2 
     refugees of special humanitarian concern in those countries 
     to ensure their applications to the United States refugee 
     resettlement program are processed in an orderly manner and 
     without delay.

     SEC. 1546. COUNTRIES WITH SIGNIFICANT POPULATIONS OF 
                   DISPLACED IRAQIS.

       (a) In General.--With respect to each country with a 
     significant population of displaced Iraqis, including Iraq, 
     Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of 
     State shall--
       (1) as appropriate, consult with other countries regarding 
     resettlement of the most vulnerable members of such refugee 
     populations; and
       (2) as appropriate, except where otherwise prohibited by 
     the laws of the United States,

[[Page 25895]]

     develop mechanisms in and provide assistance to countries 
     with a significant population of displaced Iraqis to ensure 
     the well-being and safety of such populations in their host 
     environments.
       (b) Numerical Limitations.--In determining the number of 
     Iraqi refugees who should be resettled in the United States 
     under sections (a) and (b) of section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157), the President shall 
     consult nongovernmental organizations that have a presence in 
     Iraq or experience in assessing the problems faced by Iraqi 
     refugees.
       (c) Eligibility for Admission as Refugee.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section solely because such alien qualifies as an immediate 
     relative or is eligible for classification as a special 
     immigrant.

     SEC. 1547. DENIAL OR TERMINATION OF ASYLUM.

       (a) Motion to Reopen.--Section 208(b) of the Immigration 
     and Nationality Act is amended by adding at the end the 
     following:
       ``(4) Changed country conditions.--An applicant for asylum 
     or withholding of removal, whose claim was denied by an 
     immigration judge solely on the basis of changed country 
     conditions on or after March 1, 2003, may file a motion to 
     reopen his or her claim not later than 6 months after the 
     date of the enactment of the Refugee Crisis in Iraq Act if 
     the applicant--
       ``(A) is a national of Iraq; and
       ``(B) remained in the United States on such date of 
     enactment.''.
       (b) Procedure.--A motion filed under this section shall be 
     made in accordance with section 240(c)(7)(A) and (B) of the 
     Immigration and Nationality Act.

     SEC. 1548. REPORTS.

       (a) Secretary of Homeland Security.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a report containing plans to expedite the 
     processing of Iraqi refugees for resettlement to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall--
       (A) detail the plans of the Secretary for expediting the 
     processing of Iraqi refugees for resettlement including 
     through temporary expansion of the Refugee Corps of United 
     States Citizenship and Immigration Services;
       (B) describe the plans of the Secretary for increasing the 
     number of Department of Homeland Security personnel devoted 
     to refugee processing in the noted regions;
       (C) describe the plans of the Secretary for enhancing 
     existing systems for conducting background and security 
     checks of persons applying for Special Immigrant Visas and of 
     persons considered Priority 2 refugees of special 
     humanitarian concern under this subtitle, which enhancements 
     shall support immigration security and provide for the 
     orderly processing of such applications without delay; and
       (D) detail the projections of the Secretary, per country 
     and per month, for the number of refugee interviews that will 
     be conducted in fiscal year 2008 and fiscal year 2009.
       (b) President.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to Congress an unclassified report, 
     with a classified annex if necessary, which includes--
       (1) an assessment of the financial, security, and personnel 
     considerations and resources necessary to carry out the 
     provisions of this subtitle;
       (2) the number of aliens described in section 1543(1);
       (3) the number of such aliens who have applied for special 
     immigrant visas;
       (4) the date of such applications; and
       (5) in the case of applications pending for more than 6 
     months, the reasons that visas have not been expeditiously 
     processed.
       (c) Report on Iraqi Nationals Employed by the United States 
     Government and Federal Contractors in Iraq.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, the 
     Secretary of State, the Administrator of the United States 
     Agency for International Development, the Secretary of the 
     Treasury, and the Secretary of Homeland Security shall--
       (A) review internal records and databases of their 
     respective agencies for information that can be used to 
     verify employment of Iraqi nationals by the United States 
     Government; and
       (B) solicit from each prime contractor or grantee that has 
     performed work in Iraq since March 2003 under a contract, 
     grant, or cooperative agreement with their respective 
     agencies that is valued in excess of $25,000 information that 
     can be used to verify the employment of Iraqi nationals by 
     such contractor or grantee.
       (2) Information required.--To the extent data is available, 
     the information referred to in paragraph (1) shall include 
     the name and dates of employment of, biometric data for, and 
     other data that can be used to verify the employment of, each 
     Iraqi national that has performed work in Iraq since March 
     2003 under a contract, grant, or cooperative agreement with 
     an executive agency.
       (3) Executive agency defined.--In this subsection, the term 
     ``executive agency'' has the meaning given the term in 
     section 4(1) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 403(1)).
       (d) Report on Establishment of Database.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Defense, in consultation with the Secretary of 
     State, the Administrator of the United States Agency for 
     International Development, the Secretary of the Treasury, and 
     the Secretary of Homeland Security, shall submit to Congress 
     a report examining the options for establishing a unified, 
     classified database of information related to contracts, 
     grants, or cooperative agreements entered into by executive 
     agencies for the performance of work in Iraq since March 
     2003, including the information described and collected under 
     subsection (c), to be used by relevant Federal departments 
     and agencies to adjudicate refugee, asylum, special immigrant 
     visa, and other immigration claims and applications.
       (e) Noncompliance Report.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall 
     submit a report to Congress that describes--
       (1) the inability or unwillingness of any contractors or 
     grantees to provide the information requested under 
     subsection (c); and
       (2) the reasons for failing to provide such information.

     SEC. 1549. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.


                    Amendment no. 2214, as modified

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

     SEC. 143. SENSE OF CONGRESS ON RAPID FIELDING OF ASSOCIATE 
                   INTERMODAL PLATFORM SYSTEM AND OTHER INNOVATIVE 
                   LOGISTICS SYSTEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Use of the Associate Intermodal Platform (AIP) pallet 
     system, developed two years ago by the United States 
     Transportation Command, could save the United States as much 
     as $1,300,000 for every 1,000 pallets deployed.
       (2) The benefits of the usage of the Associate Intermodal 
     Platform pallet system include the following:
       (A) The Associate Intermodal Platform pallet system can be 
     used to transport cargo alone within current International 
     Standard of Organization containers and thereby provide 
     further savings in costs of transportation of cargo.
       (B) The Associate Intermodal Platform pallet system has 
     successfully passed rigorous testing by the United States 
     Transportation Command at various military installations in 
     the United States, at a Navy testing lab, and in the field in 
     Iraq, Kuwait, and Antarctica.
       (C) By all accounts the Associate Intermodal Platform 
     pallet system has performed well beyond expectations and is 
     ready for immediate production and deployment.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should--
       (1) rapidly field innovative logistic systems such as the 
     Associated Intermodal Platform pallet system; and
       (2) seek to fully procure innovative logistic systems such 
     as the Associate Intermodal Platform pallet system in future 
     budgets.


                    Amendment no. 2942, as modified

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

     SEC. 1044. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION 
                   PLAN REGARDING CHEYENNE MOUNTAIN AIR STATION, 
                   COLORADO.

       (a) Report on Relocation of North American Aerospace 
     Defense Command Center.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the relocation of the North 
     American Aerospace Defense command center and related 
     functions from Cheyenne Mountain Air Station, Colorado, to 
     Peterson Air Force Base, Colorado.
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) an analysis comparing the total costs associated with 
     the relocation, including costs determined as part of ongoing 
     security-related studies of the relocation, to anticipated 
     operational benefits from the relocation; and
       (B) a detailed explanation of those backup functions that 
     will remain located at Cheyenne Mountain Air Station, and how 
     those functions planned to be transferred out of Cheyenne 
     Mountain Air Station, including the Space Operations Center, 
     will maintain operational connectivity with their related 
     commands and relevant communications centers.
       (b) Master Infrastructure Recapitalization Plan.--
       (1) In general.--Not later than March 16, 2008, the 
     Secretary of the Air Force shall submit to Congress a master 
     infrastructure

[[Page 25896]]

     recapitalization plan for Cheyenne Mountain Air Station.
       (2) Content.--The plan required under paragraph (1) shall 
     include--
       (A) A description of the projects that are needed to 
     improve the infrastructure required for supporting missions 
     associated with Cheyenne Mountain Air Station; and
       (B) a funding plan explaining the expected timetable for 
     the Air Force to support such projects.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will state.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the pending 
     substitute amendment to Calendar No. 189, H.R. 1585, National 
     Defense Authorization Act for Fiscal Year 2008.
         Mitch McConnell, C.S. Bond, David Vitter, Lisa Murkowski, 
           R.F. Bennett, Tom Coburn, Lindsey Graham, Jon Kyl, 
           Wayne Allard, John Thune, Norm Coleman, Richard Burr, 
           Ted Stevens, Jeff Sessions, J.M. Inhofe, Thad Cochran, 
           Michael B. Enzi.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that debate on 
Amendment No. 2011, offered by the Senator from Michigan, Mr. Levin, in 
the nature of a substitute to H.R. 1585, the National Defense 
Authorization Act for Fiscal Year 2008, shall be brought to a close?
  Mr. LEVIN. Mr. President, just 30 seconds. I hope the Senate will 
vote for cloture. Let me give the rundown of amendments we have now 
adopted.
  One hundred ninety-one amendments have now been adopted through 
either clearance in voice vote or rollcall. We have a lot of amendments 
left. We will be here tomorrow, and we will be here on Monday. If 
cloture is invoked, we will work the best we can to see if we can get 
some germane amendments adopted, even those that we agree by unanimous 
consent may not be germane but should be adopted. I hope cloture is 
invoked. We will be here tomorrow and Monday to work on amendments.
  Mr. FEINGOLD. Mr. President, I support many of the priorities in this 
bill, and I do not think the Senate should extend debate on it 
indefinitely. But, if we invoke cloture on the bill, as it currently 
stands, we will be ensuring that it contains no language to bring our 
involvement in the Iraq war to a close. That would be a mistake. The 
war in Iraq is taking a tremendous toll on our servicemembers and our 
military preparedness--not to mention our national security and our 
pocketbook. It is irresponsible for Congress to pass legislation 
authorizing the activities of the Department of Defense that fails to 
bring our troops home and this war to an end.
  The PRESIDING OFFICER. The yeas and nays are mandatory under the 
rule.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from New York (Mrs. Clinton), and the Senator from Illinois 
(Mr. Obama) are necessarily absent.
  Mr. LOTT. The following Senators are necessarily absent: The Senator 
from Kansas (Mr. Brownback) and the Senator from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 89, nays 6, as follows:

                      [Rollcall Vote No. 357 Leg.]

                                YEAS--89

     Akaka
     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Coleman
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune
     Vitter
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--6

     Collins
     Dodd
     Feingold
     Leahy
     Sanders
     Voinovich

                             NOT VOTING--5

     Biden
     Brownback
     Clinton
     McCain
     Obama
  The PRESIDING OFFICER. On this vote, the yeas are 89, the nays are 6. 
Three-fifths of the Senators duly chosen and sworn having voted in the 
affirmative, the motion is agreed to.
  The Senator from Virginia.
  Mr. WARNER. Mr. President, we are now in the postcloture status.
  The PRESIDING OFFICER. The majority leader.


                           Amendment No. 3058

      (Purpose: To provide for certain public-private competition 
                             requirements)

  Mr. REID. Mr. President, on behalf of Senators Kennedy and Mikulski, 
I call up amendment No. 3058.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Nevada [Mr. Reid}, for Mr. Kennedy and Ms. 
     Mikulski, proposes an amendment numbered 3058.

  Mr. REID. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in the Record of Wednesday, September 26, 
2007 under ``Text of Amendments.'')


                Amendment No. 3109 to Amendment No. 3058

  Mr. REID. Mr. President, I call up amendment No. 3109.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Kennedy, 
     proposes an amendment numbered 3109 to amendment No. 3058.

  Mr. REID. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

      (Purpose: To provide for certain public-private competition 
                             requirements)

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

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

       (a) Comparison of Retirement System Costs.--Section 
     2461(a)(1) of title 10, United States Code, is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (F) the following new 
     subparagraph (G):
       ``(G) requires that the contractor shall not receive an 
     advantage for a proposal that would reduce costs for the 
     Department of Defense by--
       ``(i) not making an employer-sponsored health insurance 
     plan (or payment that could be used in lieu of such a plan), 
     health savings account, or medical savings account, available 
     to the workers who are to be employed to perform the function 
     under the contract;
       ``(ii) offering to such workers an employer-sponsored 
     health benefits plan that requires the employer to contribute 
     less towards the premium or subscription share than the 
     amount that is paid by the Department of Defense for health 
     benefits for civilian employees of the Department under 
     chapter 89 of title 5; or
       ``(iii) offering to such workers a retirement benefit that, 
     in any year, costs less than the annual retirement cost 
     factor applicable to civilian employees of the Department of 
     Defense under chapter 84 of title 5; and''.
       (b) Conforming Amendments.--Such title is further amended--
       (1) by striking section 2467; and
       (2) in section 2461--
       (A) by redesignating subsections (b) through (d) as 
     subsections (c) through (e); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Requirement to Consult DOD Employees.--(1) Each 
     officer or employee of the Department of Defense responsible 
     for determining under Office of Management and Budget 
     Circular A-76 whether to convert to contractor performance 
     any function of the Department of Defense--
       ``(A) shall, at least monthly during the development and 
     preparation of the performance work statement and the 
     management

[[Page 25897]]

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

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

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

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

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

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

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

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

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

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

[[Page 25898]]

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

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

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

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

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

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

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

       Section 2461(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) A military department or defense agency may not be 
     required to conduct a public-private competition under Office 
     of Management and Budget Circular A-76 or any other provision 
     of law at the end of the period specified in the performance 
     agreement entered into in accordance with this section for 
     any function of the Department of Defense performed by 
     Department of Defense civilian employees.''.
       This section shall take effect one day after the date of 
     this bill's enactment.

  Mr. WARNER. Mr. President, I ask for the yeas and nays on this 
amendment.

[[Page 25899]]

  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. WARNER. Mr. President, we are now on the bill in a postcloture 
status. The distinguished chairman, Senator Levin, is here. I am here. 
We are prepared to deal with whatever amendments come forward this 
evening and, again, we will be here tomorrow.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I rise to speak on behalf of the 
Kennedy-Mikulski amendment, as amended by the distinguished majority 
leader.
  I know the hour is late so I will not speak at length, but I will 
speak with passion about what this amendment is all about.
  This is about contracting out. I am here to join in an amendment that 
protects our Civil Service, protects our taxpayers, and protects 
Government workers. I think we would all agree that America needs an 
independent Civil Service and that our Federal employees are on the 
front lines every day working hard for America. This administration's 
plan for privatization is a quota-driven plan that costs money, morale, 
and the integrity of the Civil Service. It forces Federal employees 
into unfair competition and forces them to spend time and money 
competing for their jobs instead of doing their jobs. The 
administration has stacked the deck against Federal employees with 
their A-76 competitions, but I am here to level the playing field along 
with my colleagues.
  This amendment is simple. It helps Federal employees compete for 
their jobs and at the same time, makes sure the Federal Government 
saves money. My other colleagues who are cosponsors will focus on 
different pieces of this amendment, but I am here to talk about three 
specific parts.
  First of all, this amendment saves taxpayers money. When the 
administration passed these new quota-driven bounty-hunting A-76 rules, 
contractors were not even required to show they would save the 
Government any money--but we thought that was the point of it--so we 
had some private contracts that actually cost the Government more money 
than if Federal employees were doing the work.
  Now, the amendment that is pending would require that all contracts 
save $10 million or 10 percent. You must save money: $10 million or 10 
percent. So Federal workers will not be losing their jobs to contractor 
bids that do not even save the Government or the taxpayers money.
  Second, it deals with the issue of health and retirement benefits. 
Right now, a private contractor can win a bid on Federal work simply 
because they provide either no health and retirement benefits or skimpy 
or Spartan benefits, this is bad for Federal employees and bad for the 
contractors doing the work.
  This amendment would prohibit contractors from winning a bid if the 
only cost savings are from bad or no benefits. This is to prevent 
bagging benefits in order to win the contract. This helps level the 
playing field for Federal employees who have to submit their own best 
bids, but they have to include these health and retiree benefits.
  Number 3, really, this is what I think is crucial, and I hope my 
colleagues from the other side of the aisle will hear this. This 
amendment eliminates privatization quotas. Remember, the new Bush rules 
are quota driven. It makes those who are pushing the A-76 in an agency 
the equivalent of a bounty hunter.
  Now, let's deal with the word ``quota.'' I have heard a lot about 
quotas in my day, usually from the other side in a very pejorative way. 
Hey, what happened to goals and timetables? I thought we did not go for 
quotas in this Senate. I thought we were for goals and timetables. 
Remember discussions on affirmative action? ``We don't want no 
quotas.'' Well, I do not want quotas in privatization. Quite frankly, I 
do not even want goals and timetables in privatization. But OMB imposes 
privatization quotas on all Federal agencies, forcing them to conduct 
A-76 competitions on as many as 150,000 jobs each year. What a huge 
waste of money. These quota-driven bounty hunters force these wasteful 
A-76 reviews, even on agencies that do not want to do them or in 
categories that give them pause to pursue. It wastes time. It wastes 
taxpayers' dollars.
  This amendment would stop OMB from using quotas to force agencies to 
conduct these privatization reviews. This would not prevent agencies 
from contracting out work. It would simply allow Federal agencies to 
make their own decisions about when to use the A-76 process.
  Now let me be very clear. I am not opposed to contracting out. I am 
not opposed to privatization. In my own State it has worked well. Look 
at Goddard Space Flight Center. We have 3,000 civil service jobs, but 
9,000 private contractor jobs. In this way, we get incredible value for 
our space dollar. I am proud of them both, and they work well together. 
They serve the Nation well.
  But the way this administration is going about privatization does not 
work. We need this amendment because the way contracting is being 
pursued is irresponsible. It even puts our Nation's security at risk.
  I want to give one specific issue--contracting out at Walter Reed. 
Before my dear colleague Senator Paul Sarbanes left, we were on this 
floor fighting an A-76 contract for contracting out facilities 
management for people who handle the grounds and so on at Walter Reed. 
We challenged that A-76 because there had been over three to six 
appeals. Each time the Federal employees won. However, the 
administration pushed and pushed and pushed. As we were battling it out 
on the floor, I read a letter from the colonel who said: If you 
contract this out, I am concerned there will be a degradation of 
service at Walter Reed.
  Well--guess what--we lost the amendment. Walter Reed contracted out 
its facilities management. We went from 300 employees, who kept Walter 
Reed tip top for our wounded warriors, down to 50 people, and we ended 
up with a national scandal.
  Now, you tell me, what did we gain from that contracting out? How 
could you look in the eyes of a wounded warrior at Walter Reed and at a 
hospital that was ridden with mold and rot, for which we all had to go 
out and pound on the table and pound on our chest about the outrage? We 
could have stopped the scandal at Walter Reed if we had stopped that 
contracting out--300 people to 50. Why did it take 300 people at Walter 
Reed? Because it is an older building. It is several buildings. Our 
wounded warriors were in hospitals that made international headlines 
because we could not take care of our own.
  Well, I am now taking care of this contracting out. So this amendment 
is the ``remember the Walter Reed scandal'' amendment. I hope my 
colleagues will join with me. Yes, we will privatize where appropriate. 
Yes, we will privatize where we will get value for our dollar. But I 
don't want any kind of privatization that ends up in a national scandal 
and a national disgrace.
  I urge my colleagues to vote for this amendment.
  Mr. FEINGOLD. Mr. President, I am deeply concerned about the threat 
posed by Iran, but I voted against the amendment offered by Senators 
Kyl and Lieberman because it could be interpreted as an authorization 
to keep U.S. troops in Iraq indefinitely to police the Iraqi civil war 
and engage in a proxy war with Iran. Maintaining a significant U.S. 
troop presence in Iraq is undermining our ability to deter Iran as it 
increases its influence in Iraq, becomes bolder in its nuclear 
aspirations, and continues to support Hezbollah. The administration 
needs to end its myopic focus on Iraq and develop comprehensive, 
effective strategies for dealing with Iran and the other serious 
challenges we face around the world.
  Mr. President, I voted against Senator Biden's amendment because, 
while we should support a comprehensive political settlement in Iraq, 
the U.S. Government shouldn't tell the Iraqi people how to run their 
country.
  Ms. MIKULSKI. Mr. President, I am proud to cosponsor Senator Biden's

[[Page 25900]]

amendment calling on the United States to actively support a Federal 
system of government in Iraq.
  The brutal reality is that Iraq today is being torn apart by 
sectarian violence. The Maliki government in Baghdad is too weak and 
too corrupt to lead Iraq's Sunni, Shia and Kurdish communities to the 
political reconciliation they need to end the fighting. Iraq is being 
torn apart by civil war, and U.S. military forces are caught in the 
middle.
  It is clear to me that President Bush has no strategy for ending the 
war in Iraq. It is up to Congress to provide the way forward to bring 
stability to Iraq and to bring our troops home. Our military has done 
everything we have asked them to do, valiantly and skillfully. But the 
experts all agree: there is no military solution in Iraq. We need a 
comprehensive political settlement that gives the Iraqi people control 
over their own fate and allows our troops to come home.
  Senator Biden has proposed a plan to maintain a united Iraq by 
decentralizing it. Rather than putting our troops between warring 
factions, this plan would give the Kurds, Sunni and Shia control over 
their own land and people, while leaving a central government in 
Baghdad responsible for protecting common national Iraqi interests. 
This plan has five major parts.
  Step one is establishing three autonomous regions in Iraq with a 
functional central government in Baghdad. Each region would have 
authority over its own domestic laws, administration, and internal 
security. The central government would control border defense, foreign 
policy, and oil revenues. This would give Iraq's sectarian groups 
control over their own destiny and ensure that Iraq does not splinter 
into pieces, creating regional chaos.
  Step two of the Biden plan is to secure the cooperation of Iraq's 
Sunni minority. The Sunni Arabs in Iraq do not have access to the same 
oil wealth enjoyed by the Kurds in the north and the Shia in the south. 
Under this plan, Iraq's central Government would guarantee the Sunni's 
economic viability by pledging 20-percent of Iraq's oil revenue. It 
would address Sunni political concerns by allowing former members of 
the Baath party to join Iraq's national Government. Iraq's Sunnis must 
have confidence that they can prosper and thrive in a peaceful Iraq, so 
they will lay down their arms and end their destructive insurgency.
  Step three of this plan is to call on the international community and 
Iraq's neighbors to help stabilize Iraq by accepting this federal 
arrangement and respecting Iraq's borders and sovereignty. Iraq will 
need strong support from the international community to ensure that its 
neighbors do not try to expand their influence into any of the three 
autonomous regions created under this federalist system.
  Step four calls for the withdrawal of most U.S. military forces from 
Iraq. We would leave a small but effective residual force behind to 
help Iraq's security forces combat terrorism and protect Iraq's 
borders, but most U.S. forces would be out of Iraq before the end of 
2008. We know there is no military solution to Iraq's current problems, 
and we know the armed militias that are tearing Iraq apart will never 
lay down their arms as long as the U.S. military has a large presence 
in their country. Withdrawing most U.S. troops will demonstrate to the 
Iraqi people that they must take responsibility for building a 
peaceful, stable Iraq. A small but lethal contingent of U.S. forces 
that remains either in Iraq or nearby can help the Iraqis combat 
terrorism and deter mischief by Iraq's neighbors.
  Finally, the Biden plan calls for robust international support for 
reconstruction in Iraq. This economic assistance must be conditioned on 
respect for minority and women's rights. The international community 
has an interest in seeing a vital, healthy Iraq, but we should use our 
resources to help Iraq build a society based on equality for all. By 
providing economic opportunities for every Iraqi, we can help end the 
violence and build a strong, stable Iraq.
  We know that President Bush has no plan for stabilizing Iraq or 
ending the war. The Biden plan can lead to a lasting political solution 
in Iraq that stops the violence and allows our military forces to come 
home. I am proud to support it, and I am proud to cosponsor this 
amendment.
  Mr. DOMENICI. Mr. President, I want to take a moment to inform the 
Senate about amendment No. 2981. I greatly appreciate Chairman Levin's 
and Ranking Member McCain's cooperation in including it in the 
managers' package.
  My amendment to the Defense authorization bill calls for a review of 
the Department of Energy's strategic plan for advanced computing. This 
review would be completed by the independent scientific advisory group 
and assess where the Department is headed in this important area.
  The measure focuses attention on the essential role our national 
laboratories play in advancing the state of the art for high 
performance computing a vital area for our national security and 
scientific leadership.
  Our laboratories have been instrumental in pressing the limits of raw 
computing power and creating more sophisticated simulation 
capabilities.
  Since the early days of scientific computing and continuing through 
the development of today's advanced parallel computing systems, the 
laboratories pioneered the development of high performance computing 
and software development. From developing advanced computing 
architectures and algorithms to effective means for storing and viewing 
the enormous amounts of data generated by these machines, the 
laboratories have made high performance computing a reality.
  These capabilities have become a requirement for certifying the 
nation's nuclear weapons stockpile without nuclear testing. They also 
find application far outside laboratory walls.
  The Stockpile Stewardship Program was created as the alternative to 
underground nuclear testing, to ensure that our nuclear weapons systems 
would remain safe, secure and reliable. Doing so without nuclear 
testing required significant investments in computer modeling and 
simulation.
  This investment has paid enormous dividends. Every year, computing 
power increases at a pace set by America's national laboratories. The 
world's current fastest supercomputer is Lawrence Livermore's ``Blue 
Gene,'' which recently exceeded 280 ``teraflops'' or trillions of 
calculations per second. Oak Ridge's ``Jaguar'' system and Sandia 
National Laboratory's ``Red Storm'' are second and third, each 
exceeding 100 teraflops.
  The applications go well beyond security and basic science. The 
laboratories have worked hard to transition these capabilities to 
academia and industry, simulating complex industrial processes and 
their environmental impact including global climate change.
  Collaborations with the private sector have also driven down the 
cost, so that now high performance does not mean high expense. This has 
had an enormous impact, making advanced computing within the reach of 
an ever wider circle of users including the Department of Energy's 
Office of Science.
  At the labs today, not only do these computers run advanced 
experimental models that give us confidence in our nuclear deterrent, 
but they also help us decipher the human genome and develop improved 
medicines. Advanced computing has also helped Sandia engineers 
understand the safety risks to the Space Shuttle, when the foam from 
the fuel tank hit and damaged the heat tiles.
  We will continue to use advanced computing to support engineering 
design work to ensure that our bridges and infrastructure are safe, as 
well as filter massive amounts of data in an effort to predict where 
terrorists are planning to attack next.
  These achievements did not happen by accident. They required 
planning, commitment and follow through.
  Unfortunately, I am concerned that we may be losing this focus and 
commitment to support long term research on advance computing 
architectures and continue the search for even greater simulation 
capabilities. The Department of Energy and the National Nuclear 
Security Administration appear

[[Page 25901]]

not to have a coordinated strategy for advancing the state-of-the-art 
in computing and instead propose to actually reduce computing capacity 
within the laboratory system. I believe this is a mistake.
  In the Senate Energy and Water Development appropriations bill for 
fiscal year 2008, Chairman Dorgan and I have proposed to establish a 
joint program office for high performance computing led by the NNSA 
Administrator and the Under Secretary for Science. This office will 
have the primary responsibility of ensuring a well balanced portfolio 
of computing platforms for the DOE and the Nation.
  The proposed office will develop a high performance computing 
technology roadmap and acquisition strategy for the DOE. I strongly 
believe that DOE and NNSA must pool their resources and establish an 
advanced computing R&D program. A long term, Department-wide strategy 
is necessary to ensure that the world class simulation capabilities 
within the complex are maintained and investments are made to drive 
innovation. If the past success of the program is a predictor, there 
will be amazing new technological innovations and the cost of computing 
will fall like a stone. This will ensure that universities, 
laboratories, U.S. businesses and law enforcement will have the 
computing capability necessary for their success.
  We must continue to raise the bar, giving our best and brightest new 
targets to aim for, ensuring that America will retain its technical 
leadership in advanced computing.
  I would like to pay tribute to the men and women of Sandia, Los 
Alamos and Livermore National labs and their private sector 
counterparts at Cray, IBM, and Intel, and the Department of Energy and 
the NNSA. These individuals have worked extraordinarily hard to solve 
complex computing architecture and software challenges. This work has 
paid off and we must remain committed to future excellence in this 
field.
  Mr. President, I ask unanimous consent that a listing of the world's 
fastest computers be printed in the Record. I would like for my 
colleagues to note that 8 of the top 10 computers are located at U.S. 
Department of Energy national labs and universities and this would not 
be the case except for the investments made by the Department of 
Energy.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

        Top 10 Fastest Supercomputers in the World (June 2007)*

       Name, Location--Speed (TFlops/s).
       1. Blue Gene/L (IBM), Lawrence Livermore (DOE)--280.6.
       2. Jaguar (Cray), Oak Ridge (DOE)--101.7.
       3. Red Storm (Cray), Sandia (DOE)--101.4
       4. Blue Gene Watson (IBM), IBM Thomas Watson--Research 
     Center--91.2.
       5. New York Blue (IBM), Stony Brook/Brookhaven (DOE)--82.1.
       6. ASC Purple (IBM), Lawrence Livermore (DOE)--75.7.
       7. eService Blue Gene (IBM), Rensselaer Polytechnic 
     Institute (Troy, NY)--73.0.
       8. Abe (Dell), NSF-NCSA--62.6
       9. MareNostrum (IBM), Barcelona Supercomputing Center--
     62.6.
       10. HLRB-II (SGI), Leibniz Rechenzentrum--56.5.
       *Ranking from the TOP500 Project (http://www.top500.org)

  Mr. ENZI. Mr. President, I wish to express my concern about the 
current agenda of the U.S. Senate.
  For about 16 days, we have been debating the National Defense 
Authorization Act for fiscal year 2008. I do not think that any Member 
of this Chamber believes this is an unimportant or throwaway piece of 
legislation. This bill is about our troops and our veterans. It is 
about their health care. It is about their equipment. It is about how 
we treat those individuals who have put on the uniforms of our Armed 
Forces and served our Nation.
  The Defense bill before us authorizes $24.6 billion for the defense 
health program, including a $1.9 billion adjustment to fund TRICARE 
benefits. The bill includes authorization for the purchase of upgrades 
to Bradley fighting vehicles and the purchase of Stryker vehicles. This 
legislation authorized research into technology that will keep our 
troops safer while they carry out their current missions and research 
into medical technology that will help with battlefield diagnostics and 
care for any wounded warrior.
  In the midst of considering this troop-related bill, we are now 
considering amendments on items completely unrelated to the men and 
women in uniform. This kind of political gamesmanship is precisely why 
congressional approval ratings are at an all-time low.
  Are we going to provide the resources our men and women in the 
military need by passing this Defense bill or are we going to stuff 
this bill so full of nondefense policy and programs that the 
legislation blows up like a makeshift terrorist explosive device? The 
majority party is in charge of getting critical bills through, yet they 
are delaying passage of these bills by trying to empty their outbox 
full of controversial issues. Unfortunately, the authors of these 
unrelated special interest amendments have chosen the latter.
  The first amendment set to come before us for a vote is legislation 
on hate crimes. When it is the appropriate time to be debating the 
merits of a hate crime bill then I will debate that. Debating it in 
relation to a bill we need in order to provide for our military is not 
the appropriate time. We have also been told to expect amendments 
related to immigration. The Senate earlier this year spent weeks on 
immigration legislation--that is where debate on that amendment should 
occur.
  As my colleague from Texas, Senator Cornyn, stated, there is a time 
and a place for everything. A bill drafted to address our national 
defense and our troops is not the place for these amendments.
  Instead of focusing on the needs of our troops in the field, our 
wounded warriors needing medical attention, and our veterans who have 
served us all, the authors of these amendments seek to distract our 
attention and delay progress on this bill.
  I sincerely hope all Members of the Senate will put these issues 
aside for a more appropriate time for debate and let us proceed on 
improving the lives of our troops. Let's put our troops first on the 
Senate agenda.
  Mr. CONRAD. Mr. President, I was pleased to join my co-chair of the 
Senate Tanker Caucus, the senior Senator from Utah, in introducing 
amendment No. 2895. And I am very glad that the distinguished ranking 
member of the Armed Services Committee chose to join with our caucus in 
preparing a compromise amendment, No. 3104, that makes clear how 
crucial recapitalizing our tanker fleet is to our national security.
  I thank Senator McCain and Senator Levin for their leadership on this 
issue and their willingness to accept this amendment.
  In October of last year, the Secretary and Chief of Staff of the Air 
Force made a very important announcement. They declared that their top 
acquisition priority for the future is the replacement of our Nation's 
aerial refueling tanker fleet. This program could cost about $13 
billion over the next 5 years, and perhaps $100 billion over the next 
three decades.
  The senior Senator from Utah and I joined forces to form a caucus in 
support of this vital objective. We believe that updating our aerial 
tanker fleet is crucial if we are to continue to be able to project 
American military power around the globe.
  The U.S. national security strategy depends on a robust air refueling 
capability, as do our coalition partners. No other nation in the world 
has a comparable capability. The U.S. advantage in tankers is at the 
center of almost all the other strategic capabilities of our Air Force.
  Yet today, our tanker fleet is the oldest part of the Air Force 
inventory making maintenance difficult and expensive. The KC-135 makes 
up over 90 percent of our refueling capability, but the average age of 
that fleet is over 45 years. The ``E-Model'' aircraft have the oldest 
engines and are rapidly declining in utility. Their mission capable 
rates have dropped significantly, and their cost-per-flying hour has 
increased.
  Despite generations of meticulous maintenance, these tankers are 
getting toward the end of their economic service life. Uncertainty 
about corrosion

[[Page 25902]]

problems creates a significant vulnerability--we could find a serious 
problem in a few of these aircraft that could result in the whole fleet 
being grounded.
  And that would have catastrophic results, as General Michael Moseley 
made very clear in comments on October 12. ``In this global business 
we're in, the single point of failure of an air bridge, or the single 
point failure for global intelligence, surveillance and reconnaissance, 
or the single point of failure for global strike is the tanker,'' he 
said. ``To be able to bridge the Atlantic, to be able to bridge the 
Pacific, or to be able to let business in the theater be persistent 
business in the theater, it's the tanker.''
  To reverse that vulnerability, the Air Force is taking steps to 
replace these tankers. The tanker caucus supports that effort. The Air 
Force is also taking steps to make sure that a portion of the current 
tanker fleet is kept viable as they work to develop and buy the next 
generation tanker. This amendment supports that effort as well, by 
specifically referencing the Air Force's strategy to modify and upgrade 
an appropriate portion of the KC-135 fleet to ensure that it remains 
viable as the Air Force waits for new tankers to be delivered. Nothing 
in this amendment would further constrain the Air Force's ability to 
retire the oldest tankers as they deem necessary.
  Finally, this amendment recognizes that the procurement of aerial 
refueling on a fee-for-service basis may also end up being part of the 
solution to preventing a temporary gap in tanker capability--though I 
doubt that it will make up a major portion of our overall tanker 
capacity.
  The Air Force is working through two competing submissions for tanker 
replacement in response to the request for proposals it issued last 
year. This full, free and open competition will help to achieve the 
best value possible for the taxpayer on this major program.
  As General Moseley noted, ``It's important to get started'' on this 
important acquisition program. The time is right to begin 
recapitalizing this vital national asset. The Air Force predicts that a 
funding shortfall this year would likely lead to a 6 to 9 month delay 
in fielding the new tankers.
  The original amendment that Senator Hatch and I offered was co-
sponsored by Senators Dorgan, Gregg, Roberts, Sununu, Cantwell and 
Inhofe. It simply expressed the sense of the Congress that timely 
replacement of the Air Force tanker fleet is a vital national security 
priority, and presented the reasons for that judgment. The McCain-
Conrad amendment makes the same point in expressing that modernizing 
the tanker force is a vital national security priority.
  While some members and some committees differ on the amount of 
funding that they believe is required to carry out this program fiscal 
year 2008, I believe that the Senate can agree that carrying out this 
program is a vital national security priority. I appreciate my 
colleagues' support for this amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, is there any objection if we proceed to 
morning business?
  Mr. WARNER. Mr. President, there is no objection on this side. We 
will resume the bill tomorrow morning, I presume, around 10 o'clock.

                          ____________________