[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[Senate]
[Pages 18123-18152]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5268. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 572. ELIGIBILITY OF SPOUSES OF MILITARY PERSONNEL FOR 
                   THE WORK OPPORTUNITY CREDIT.

       (a) In General.--Paragraph (1) of section 51(d) of the 
     Internal Revenue Code of 1986 is amended by striking ``or'' 
     at the end of subparagraph (H), by striking the period at the 
     end of subparagraph (I) and inserting ``, or'', and by adding 
     at the end the following new subparagraph:
       ``(J) either--
       ``(i) a qualified military spouse (as defined in subsection 
     (l)(1)), or
       ``(ii) subject to subsection (l)(2), an eligible 
     teleworking military spouse.''.
       (b) Definitions and Rules Relating to Qualified Military 
     Spouses.--Section 51 of such Code is amended by adding at the 
     end the following new subsection:
       ``(l) Definition of Qualified Military Spouse; Enhanced 
     Credit for Eligible Teleworking Military Spouses.--For 
     purposes of this section--
       ``(1) Definition of qualified military spouse.--For 
     purposes of subsection (d)(1)(J), the term `qualified 
     military spouse' means any individual (other than an eligible 
     teleworking military spouse) who is certified by the 
     designated local agency as being a spouse (determined as of 
     the hiring date) of a member of the Armed Forces of the 
     United States who is serving on a period of extended active 
     duty which includes the hiring date. For purposes of the 
     preceding sentence, the term `extended active duty' means any 
     period of active duty pursuant to a call or order to such 
     duty for a period in excess of 90 days or for an indefinite 
     period.
       ``(2) Enhanced credit for eligible teleworking military 
     spouses.--
       ``(A) In general.--Notwithstanding subsection (a), in the 
     case of an employer with respect to whom an individual is an 
     eligible teleworking military spouse by reason of employment 
     with such employer described in subparagraph (B), the credit 
     determined under this section--
       ``(i) shall be allowable for any taxable year which 
     includes any portion of the eligibility period with respect 
     to the spouse, and
       ``(ii) shall, with respect to any such taxable year, be 
     equal to 40 percent of the qualified wages paid by the 
     employer with respect to such employment occurring during 
     such portion of the eligibility period.
       ``(B) Eligible teleworking military spouse.--For purposes 
     of subsection (d)(1)(J) and this paragraph, the term 
     `eligible teleworking military spouse' means, with respect to 
     any employer, an individual--
       ``(i) who is certified by the designated local agency as 
     being a spouse (determined as of the hiring date) of a member 
     of a regular component of the Armed Forces of the United 
     States,
       ``(ii) substantially all of whose employment with the 
     employer is reasonably expected to consist of services 
     performed at the principal residence (within the meaning of 
     section 121) of the individual, and
       ``(iii) whose qualified wages (expressed as an annual 
     amount) for services performed for the employer are 
     reasonably expected to equal or exceed an amount equal to 150 
     percent of the median annual earnings for the United States 
     (determined on the basis of the most recent occupational 
     employment survey published by the Bureau of Labor Statistics 
     before the calendar year in which the taxable year begins).
       ``(C) Eligibility period.--For purposes of this paragraph--
       ``(i) In general.--The term `eligibility period' means, 
     with respect to any individual who is an eligible teleworking 
     military spouse, the period--

       ``(I) beginning on the hiring date of the individual, and
       ``(II) except as provided in clause (ii), ending on the 
     earlier of the last day of the employment described in 
     subparagraph (B) or the last day of the taxable year in which 
     occurs the date on which the individual's spouse ceases to be 
     a member of a regular component of the Armed Forces of the 
     United States.

       ``(ii) Failure to meet employment and wage requirements.--
     If the requirements of clauses (ii) and (iii) of subparagraph 
     (B) are not met with respect to any individual for any 
     taxable year--

       ``(I) the individual shall cease to be an eligible 
     teleworking military spouse with respect to the employer as 
     of the beginning of the taxable year, and
       ``(II) the employer shall not treat the individual as an 
     eligible teleworking military spouse for any subsequent 
     taxable year.

     This clause shall not apply to any failure which is due to 
     unforeseen circumstances or is beyond the control of the 
     employer.
       ``(D) Qualified wages.--The term `qualified wages' has the 
     meaning given such term by subsection (b)(1), except that the 
     amount of wages which may be taken into account with respect 
     to any eligible teleworking military spouse for any taxable 
     year shall not exceed $12,000.''.
       (c) Effective Date.--The amendments made this section shall 
     apply to amounts paid or incurred after the date of the 
     enactment of this Act to individuals who begin work for the 
     employer after such date.
                                 ______
                                 
  SA 5269. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 572. FEDERAL EMPLOYMENT PREFERENCES FOR MILITARY 
                   SPOUSES.

       (a) Eligibility of Military Spouses for Preference.--
     Section 2108(3) of title 5, United States Code, is amended--
       (1) in subparagraph (F)(iii), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (G)(iii), by striking the semicolon at 
     the end and inserting ``; and''; and
       (3) by inserting after subparagraph (G) the following new 
     subparagraph:
       ``(H) the wife or husband of an individual serving on 
     active duty or with orders to report for a period of active 
     duty in excess of 90 days or for an indefinite period;''.
       (b) Eligibility for Additional Points Above Earned Rating 
     on Competitive Service Examinations.--Section 3309(2) of such 
     title is amended to read as follows:
       ``(2) a preference eligible under subparagraphs (A), (B), 
     or (H) of section 2108(3) of this title--5 points.''.

[[Page 18124]]


                                 ______
                                 
  SA 5270. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table, as follows:

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

     SEC. 572. REPORT ON CREATING WORK OPPORTUNITIES FOR 
                   UNDERGRADUATE AND GRADUATE LEVEL EDUCATED 
                   MILITARY SPOUSES.

       (a) Study.--The Under Secretary of Defense for Personnel 
     and Readiness, in conjunction with the Deputy Under Secretary 
     of Defense for Military Community and Family Policy, shall 
     conduct a study of the challenges that face qualified 
     military spouses who possess an undergraduate or graduate 
     level education in finding and maintaining employment during 
     the terms of service of their active duty spouses.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Under Secretary of Defense for 
     Personnel and Readiness, shall submit to the congressional 
     committees a report on the study conducted under subsection 
     (a).
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description of the major challenges that face 
     qualified military spouses who posses an undergraduate or 
     graduate level education in finding and maintaining 
     employment during the terms of service of their spouses.
       (B) A listing of significant incentive programs the 
     Department of Defense could utilize to create incentives for 
     the hiring of undergraduate and graduate level qualified 
     military spouses, including those the Department can 
     implement independently and those that require statutory 
     changes.
       (C) A description of the resources available to qualified 
     military spouses with graduate and undergraduate educations 
     for assistance in finding and maintaining employment.
       (D) An examination of the retention implications of 
     insufficient employment opportunities for qualified military 
     spouses with undergraduate or graduate level educations.
       (E) A description of current programs to assist qualified 
     military spouses with undergraduate and graduate level 
     educations in securing telecommuting and home office 
     employment.
       (c) Qualified Military Spouse Defined.--In this section, 
     the term ``qualified military spouse'' means a spouse of a 
     member of the Armed Forces who is serving on a period of 
     extended active duty which includes the hiring date. For 
     purposes of the preceding sentence, the term ``extended 
     active duty'' means any period of active duty pursuant to a 
     call or order to such duty for a period in excess of 90 days 
     or for an indefinite period.
                                 ______
                                 
  SA 5271. Mr. VOINOVICH (for himself, Mr. Bingaman, Mr. Domenici, and 
Mr. Kennedy) submitted an amendment intended to be proposed by him to 
the bill S. 3001, to authorize appropriations for fiscal year 2009 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table, as follows:

       On page 329, after line 14, add the following:

     SEC. 1110. DIRECT HIRE AUTHORITY FOR CERTAIN POSITIONS AT 
                   PERSONNEL DEMONSTRATION LABORATORIES.

       (a) Authority.--The Secretary of Defense may make 
     appointments to positions described in subsection (b) without 
     regard to the provisions of subchapter I of chapter 33 of 
     title 5, United States Code, other than sections 3303 and 
     3328 of such title.
       (b) Positions Described.--This section applies to 
     candidates possessing an advanced degree with respect to any 
     scientific or engineering position within a laboratory 
     identified in section 9902(c)(2) of title 5, United States 
     Code.
       (c) Limitation.--(1) Authority under this section may not, 
     in any calendar year and with respect to any laboratory, be 
     exercised with respect to a number of positions greater than 
     the number equal to 2 percent of the total number of 
     positions within such laboratory that are filled as of the 
     close of the fiscal year last ending before the start of such 
     calendar year.
       (2) For purposes of this subsection, positions shall be 
     counted on a full-time equivalent basis.
       (d) Employee Defined.--As used in this section, the term 
     ``employee'' has the meaning given such term by section 2105 
     of title 5, United States Code.
       (e) Termination.--The authority to make appointments under 
     this section shall not be available after December 31, 2013.
                                 ______
                                 
  SA 5272. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1433. LANGUAGE AND INTELLIGENCE ANALYST TRAINING 
                   PROGRAM.

       (a) In General.--Section 922 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 50 U.S.C. 402 note) is amended to read 
     as follows:

     ``SEC. 922. LANGUAGE AND INTELLIGENCE ANALYST TRAINING 
                   PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     National Intelligence.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(3) Intelligence community.--The term `intelligence 
     community' has the meaning given that term in section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 401a(4)).
       ``(4) Program.--The term `program' means the grant program 
     to promote language and intelligence analysis training 
     authorized by subsection (b).
       ``(b) Authority.--The Director is authorized to carry out a 
     grant program to promote language and intelligence analysis, 
     as described in this section.
       ``(c) Purpose.--The purpose of the program shall be to 
     increase the number of individuals qualified for an entry-
     level language analyst or intelligence analyst position 
     within an element of the intelligence community by 
     providing--
       ``(1) grants to qualified institutions of higher education, 
     as described in subsection (d); and
       ``(2) grants to qualified individuals, as described in 
     subsection (e).
       ``(d) Grants to Institutions of Higher Education.--(1) The 
     Director is authorized to provide a grant through the program 
     to an institution of higher education to develop a course of 
     study to prepare students of such institution for an entry-
     level language analyst or intelligence analyst position 
     within an element of the intelligence community.
       ``(2) An institution of higher education seeking a grant 
     under this subsection shall submit an application describing 
     the proposed use of the grant at such time and in such manner 
     as the Director may require.
       ``(3) The Director shall award a grant to an institution of 
     higher education under this subsection--
       ``(A) on the basis of the ability of such institution to 
     use the grant to prepare students for an entry-level language 
     analyst or intelligence analyst position within an element of 
     the intelligence community upon completion of study at such 
     institution; and
       ``(B) in a manner that provides for geographical diversity 
     among the institutions of higher education that receive such 
     grants.
       ``(4) An institution of higher education that receives a 
     grant under this subsection shall submit to the Director 
     regular reports regarding the use of such grant, including--
       ``(A) a description of the benefits to students who 
     participate in the course of study funded by such grant;
       ``(B) a description of the results and accomplishments 
     related to such course of study; and
       ``(C) any other information that the Director may require.
       ``(5) The Director is authorized to provide an institution 
     of higher education that receives a grant under this section 
     with advice and counsel related to the use of such grant.
       ``(e) Grants to Individuals.--(1) The Director is 
     authorized to provide a grant through the program to an 
     individual to assist such individual in pursuing a course of 
     study--
       ``(A) identified by the Director as meeting a current or 
     emerging mission requirement of an element of the 
     intelligence community; and
       ``(B) that will prepare such individual for an entry-level 
     language analyst or intelligence analyst position within an 
     element of the intelligence community.
       ``(2) The Director is authorized to provide a grant 
     described in paragraph (1) to an individual for the following 
     purposes:
       ``(A) To provide a monthly stipend for each month that the 
     individual is pursuing a course of study described in 
     paragraph (1).
       ``(B) To pay the individual's full tuition to permit the 
     individual to complete such a course of study.
       ``(C) To provide an allowance for books and materials that 
     the individual requires to complete such course of study.
       ``(D) To pay the individual's expenses for travel that is 
     requested by an element of the intelligence community related 
     to the program.

[[Page 18125]]

       ``(3)(A) The Director shall select individuals to receive 
     grants under this subsection using such procedures as the 
     Director determines are appropriate.
       ``(B) An individual seeking a grant under this subsection 
     shall submit an application describing the proposed use of 
     the grant at such time and in such manner as the Director may 
     require.
       ``(C) The total number of individuals receiving grants 
     under this subsection at any 1 time may not exceed 400.
       ``(D) The Director is authorized to screen and qualify each 
     individual selected to receive a grant under this subsection 
     for the appropriate security clearance without regard to the 
     date that the employment relationship between the individual 
     and the element of the intelligence community is formed.
       ``(4) An individual who receives a grant under this 
     subsection shall enter into an agreement to perform, upon 
     such individual's completion of a course of study described 
     in paragraph (1), 1 year of service within an element of the 
     intelligence community, as approved by the Director, for each 
     academic year for which such individual received grant funds 
     under this subsection.
       ``(5) If an individual who receives a grant under this 
     subsection--
       ``(A) fails to complete a course of study described in 
     paragraph (1) or the individual's participation in the 
     program is terminated prior to the completion of such course 
     of study, either by the Director for misconduct or 
     voluntarily by the individual, the individual shall reimburse 
     the United States for the amount of such grant (excluding the 
     individual's stipend, pay, and allowances); or
       ``(B) fails to complete the service requirement with an 
     element of the intelligence community described in paragraph 
     (4) after completion of such course of study or if the 
     individual`s employment with such element of the intelligence 
     community is terminated either by the head of such element 
     for misconduct or voluntarily by the individual prior to the 
     individual's completion of such service requirement, the 
     individual shall--
       ``(i) reimburse the United States for full amount of such 
     grant (excluding the individual's stipend, pay, and 
     allowances) if the individual did not complete any portion of 
     such service requirement; or
       ``(ii) reimburse the United States for the percentage of 
     the total amount of such grant (excluding the individual's 
     stipend, pay, and allowances) that is equal to the percentage 
     of the period of such service requirement that the individual 
     did not serve.
       ``(6)(A) If an individual incurs an obligation to reimburse 
     the United States under subparagraph (A) or (B) of paragraph 
     (5), the head of the element of the intelligence community 
     that employed or intended to employ such individual shall 
     notify the Director of such obligation.
       ``(B) Except as provided in subparagraph (D), an obligation 
     to reimburse the United States incurred under such 
     subparagraph (A) or (B), including interest due on such 
     obligation, is for all purposes a debt owing the United 
     States.
       ``(C) A discharge in bankruptcy under title 11, United 
     States Code, shall not release an individual from an 
     obligation to reimburse the United States incurred under such 
     subparagraph (A) or (B) if the final decree of the discharge 
     in bankruptcy is issued within 5 years after the last day of 
     the period of the service requirement described in 
     subparagraph (4).
       ``(D) The Director may release an individual from part or 
     all of the individual's obligation to reimburse the United 
     States incurred under such subparagraph (A) or (B) if the 
     Director determines that equity or the interests of the 
     United States require such a release.
       ``(f) Management.--In carrying out the program, the 
     Director shall--
       ``(1) be responsible for the oversight of the program and 
     the development of policy guidance and implementing 
     procedures for the program;
       ``(2) solicit participation of institutions of higher 
     education in the program through appropriate means; and
       ``(3) provide each individual who participates in the 
     program under subsection (e) information on opportunities 
     available for employment within an element of the 
     intelligence community.
       ``(g) Penalties for Fraud.--An institution of higher 
     education or the officers of such institution or an 
     individual who receives a grant under the program as a result 
     of fraud in any aspect of the grant process may be subject to 
     criminal or civil penalties in accordance with applicable 
     Federal law.
       ``(h) Construction.--Unless mutually agreed to by all 
     parties, nothing in this section may be construed to amend, 
     modify, or abrogate any agreement, contract, or employment 
     relationship that was in effect on the day prior to the date 
     of enactment of the National Defense Authorization Act for 
     Fiscal Year 2009.
       ``(i) Effect of Other Law.--The Director shall administer 
     the program pursuant to the provisions of chapter 63 of title 
     31, United States Code and chapter 75 of such title, except 
     that the Comptroller General of the United States shall have 
     no authority, duty, or responsibility in matters related to 
     this program.''.
       (b) Clerical Amendments.--
       (1) In general.--The table of contents in section 2(b) of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1811) is 
     amended by striking the item relating to section 922 and 
     inserting the following:

``Sec. 922. Language and intelligence analyst training program.''.

       (2) Title ix.--The table of contents in that appears before 
     subtitle A of title IX of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375; 118 Stat. 2023) is amended by striking the item 
     relating to section 922 and inserting the following:

``Sec. 922. Language and intelligence analyst training program.''.
                                 ______
                                 
  SA 5273. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1068. PROVISION TO INJURED MEMBERS OF THE ARMED FORCES 
                   OF INFORMATION CONCERNING BENEFITS.

       Section 1651 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 476; 10 
     U.S.C. 1071 note) is amended to read as follows:

     ``SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON 
                   COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS 
                   INJURIES AND ILLNESSES.

       ``(a) Information on Available Compensation and Benefits.--
     Not later than October 1, 2008, the Secretary of Defense 
     shall develop and maintain, in a handbook and on a 
     publically-available Internet website, a comprehensive 
     description of the compensation and other benefits to which a 
     member of the Armed Forces, and the family of such member, 
     would be entitled upon the separation or retirement of the 
     member from the Armed Forces as a result of a serious injury 
     or illness.
       ``(b) Contents.--The handbook and Internet website shall 
     include the following:
       ``(1) The range of compensation and benefits based on 
     grade, length of service, degree of disability at separation 
     or retirement, and other factors affecting compensation and 
     benefits as the Secretary considers appropriate.
       ``(2) Information concerning the Disability Evaluation 
     System of each military department, including--
       ``(A) an explanation of the process of the Disability 
     Evaluation System;
       ``(B) a general timeline of the process of the Disability 
     Evaluation System;
       ``(C) the role and responsibilities of the military 
     department throughout the process of the Disability 
     Evaluation System; and
       ``(D) the role and responsibilities of a member of the 
     Armed Forces throughout the process of the Disability 
     Evaluation System.
       ``(3) Benefits administered by the Department of Veterans 
     Affairs that a member of the Armed Forces would be entitled 
     upon the separation or retirement from the Armed Forces as a 
     result of a serious injury or illness.
       ``(4) The 20 most common serious injuries or illnesses that 
     result in a member of the Armed Forces separating or retiring 
     from the Armed Forces, and the benefits associated with each 
     injury or illness.
       ``(5) A list of State veterans service organizations and 
     nonprofit veterans service organizations, and their contact 
     information and Internet website addresses.
       ``(c) Consultation.--The Secretary of Defense shall develop 
     and maintain the comprehensive description required by 
     subsection (a) in consultation with the Secretary of Veterans 
     Affairs, the Secretary of Health and Human Services, and the 
     Commissioner of Social Security.
       ``(d) Update.--The Secretary of Defense shall update the 
     comprehensive description required by subsection (a) on a 
     periodic basis, but not less often than annually.
       ``(e) Provision to Members.--The Secretary of the military 
     department concerned shall provide the handbook to each 
     member of the Armed Forces under the jurisdiction of that 
     Secretary as soon as practicable following an injury or 
     illness for which the member may retire or separate from the 
     Armed Forces.
       ``(f) Provision to Representatives.--If a member is 
     incapacitated or otherwise unable to receive the handbook, 
     the handbook shall be provided to the next of kin or a legal 
     representative of the member, as determined in accordance 
     with regulations prescribed by the Secretary of the military 
     department concerned for purposes of this section.''.
                                 ______
                                 
  SA 5274. Mr. SALAZAR (for himself and Mr. Allard) submitted an 
amendment intended to be proposed by him

[[Page 18126]]

to the bill S. 3001, to authorize appropriations for fiscal year 2009 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. ESTABLISHMENT OF NATIONAL CEMETERY IN SOUTHERN 
                   COLORADO REGION.

       (a) In General.--The Secretary of Veterans Affairs shall 
     establish, in accordance with chapter 24 of title 38, United 
     States Code, a national cemetery in El Paso County, Colorado, 
     to serve the needs of veterans and their families in the 
     southern Colorado region.
       (b) Consultation in Selection of Site.--Before selecting 
     the site for the national cemetery established under 
     subsection (a), the Secretary shall consult with--
       (1) appropriate officials of the State of Colorado and 
     local officials in the southern Colorado region; and
       (2) appropriate officials of the United States, including 
     the Administrator of General Services, with respect to land 
     belonging to the United States in El Paso County, Colorado, 
     that would be suitable to establish the national cemetery 
     under subsection (a).
       (c) Authority to Accept Donation of Parcel of Land.--
       (1) In general.--The Secretary of Veterans Affairs may 
     accept on behalf of the United States the gift of an 
     appropriate parcel of real property. The Secretary shall have 
     administrative jurisdiction over such parcel of real 
     property, and shall use such parcel to establish the national 
     cemetery under subsection (a).
       (2) Income tax treatment of gift.--For purposes of Federal 
     income, estate, and gift taxes, the real property accepted 
     under paragraph (1) shall be considered as a gift to the 
     United States.
       (d) Report.--As soon as practicable after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the establishment of the national cemetery under 
     subsection (a). The report shall set forth a schedule for 
     such establishment and an estimate of the costs associated 
     with such establishment.
       (e) Relationship to Construction and Five Year Capital 
     Plan.--The requirement to establish a national cemetery under 
     subsection (a) shall be added to the current list of priority 
     projects, but should not take priority over existing projects 
     listed on the National Cemetery Administration's construction 
     and five-year capital plan for fiscal year 2008.
       (f) Southern Colorado Region Defined.--In this Act, the 
     term ``southern Colorado region'' means the geographic region 
     consisting of the following Colorado counties:
       (1) El Paso.
       (2) Pueblo.
       (3) Teller.
       (4) Fremont.
       (5) Las Animas.
       (6) Huerfano.
       (7) Custer.
       (8) Costilla.
       (9) Alamosa.
       (10) Saguache.
       (11) Conejos.
       (12) Mineral.
       (13) Archuleta.
       (14) Hinsdale.
       (15) Gunnison.
       (16) Pitkin.
       (17) La Plata.
       (18) Montezuma.
       (19) San Juan.
       (20) Ouray.
       (21) San Miguel.
       (22) Dolores.
       (23) Montrose.
       (24) Delta.
       (25) Mesa.
       (26) Crowley.
       (27) Kiowa.
       (28) Bent.
       (29) Baca.
                                 ______
                                 
  SA 5275. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. THEME STUDY FOR COMMEMORATING AND INTERPRETING THE 
                   COLD WAR.

       (a) Definitions.--In this section:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Cold War Advisory Committee established under 
     subsection (c).
       (2) Theme study.--The term ``theme study'' means the 
     national historic landmark theme study conducted under 
     subsection (b)(1).
       (b) Cold War Theme Study.--
       (1) In general.--The Secretary of the Interior shall 
     conduct a national historic landmark theme study to identify 
     sites and resources in the United States that are significant 
     to the Cold War.
       (2) Resources.--In conducting the theme study, the 
     Secretary of the Interior shall consider--
       (A) the inventory of sites and resources associated with 
     the Cold War completed by the Secretary of Defense under 
     section 8120(b)(9) of the Department of Defense 
     Appropriations Act, 1991 (Public Law 101-511; 104 Stat. 
     1906); and
       (B) historical studies and research of Cold War sites and 
     resources, including--
       (i) intercontinental ballistic missiles;
       (ii) flight training centers;
       (iii) manufacturing facilities;
       (iv) communications and command centers (such as Cheyenne 
     Mountain, Colorado);
       (v) defensive radar networks (such as the Distant Early 
     Warning Line);
       (vi) nuclear weapons test sites (such as the Nevada test 
     site); and
       (vii) strategic and tactical aircraft.
       (3) Contents.--The theme study shall include--
       (A) recommendations for commemorating and interpreting 
     sites and resources identified by the theme study, 
     including--
       (i) sites for which studies for potential inclusion in the 
     National Park System should be authorized;
       (ii) sites for which new national historic landmarks should 
     be nominated; and
       (iii) other appropriate designations;
       (B) recommendations for cooperative agreements with--
       (i) State and local governments;
       (ii) local historical organizations; and
       (iii) other appropriate entities; and
       (C) an estimate of the amount required to carry out the 
     recommendations under subparagraphs (A) and (B).
       (4) Consultation.--In conducting the theme study, the 
     Secretary of the Interior shall consult with--
       (A) the Secretary of the Air Force;
       (B) State and local officials;
       (C) State historic preservation offices; and
       (D) other interested organizations and individuals.
       (5) Report.--Not later than 3 years after the date on which 
     funds are made available to carry out this section, the 
     Secretary of the Interior shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report that 
     describes the findings, conclusions, and recommendations of 
     the theme study.
       (c) Cold War Advisory Committee.--
       (1) Establishment.--As soon as practicable after funds are 
     made available to carry out this section, the Secretary of 
     the Interior shall establish an advisory committee, to be 
     known as the ``Cold War Advisory Committee'', to assist the 
     Secretary of the Interior in carrying out this section.
       (2) Composition.--The Advisory Committee shall be composed 
     of 9 members, to be appointed by the Secretary of the 
     Interior, of whom--
       (A) 3 shall have expertise in Cold War history;
       (B) 2 shall have expertise in historic preservation;
       (C) 1 shall have expertise in the history of the United 
     States; and
       (D) 3 shall represent the general public.
       (3) Chairperson.--The Advisory Committee shall select a 
     chairperson from among the members of the Advisory Committee.
       (4) Compensation.--A member of the Advisory Committee shall 
     serve without compensation but may be reimbursed by the 
     Secretary of the Interior for expenses reasonably incurred in 
     the performance of the duties of the Advisory Committee.
       (5) Meetings.--On at least 3 occasions, the Secretary of 
     the Interior (or a designee) shall meet and consult with the 
     Advisory Committee on matters relating to the theme study.
       (d) Interpretive Handbook on the Cold War.--Not later than 
     4 years after the date on which funds are made available to 
     carry out this section, the Secretary of the Interior shall--
       (1) prepare and publish an interpretive handbook on the 
     Cold War; and
       (2) disseminate information in the theme study by other 
     appropriate means.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000.
                                 ______
                                 
  SA 5276. Ms. COLLINS (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed by her to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 812 and insert the following:

     SEC. 812. CONTINGENCY CONTRACTING CORPS.

       (a) In General.--The Office of Federal Procurement Policy 
     Act (41 U.S.C. 403 et seq.) is

[[Page 18127]]

     amended by adding at the end the following new section:

     ``SEC. 44. CONTINGENCY CONTRACTING CORPS.

       ``(a) Establishment.--The Administrator shall establish a 
     government-wide Contingency Contracting Corps (in this 
     section, referred to as the `Corps'). The members of the 
     Corps shall be available for deployment in responding to 
     disasters, natural and man-made, and contingency operations 
     both within and outside the continental United States.
       ``(b) Membership.--Membership in the Corps shall be 
     voluntary and open to all Federal employees, including 
     uniformed members of the Armed Services, who are currently 
     members of the Federal acquisition workforce.
       ``(c) Education and Training.--The Administrator may 
     establish additional educational and training requirements, 
     and may pay for these additional requirements from funds 
     available in the acquisition workforce training fund.
       ``(d) Salary.--The salaries for members of the Corps shall 
     be paid by their parent agencies out of existing 
     appropriations.
       ``(e) Authority To Deploy the Corps.--The Administrator, or 
     the Administrator's designee, shall have the authority, upon 
     the request of an executive agency, to determine when 
     civilian agency members of the Corps shall be deployed, in 
     consultation with the head of the agency or agencies 
     employing the members to be deployed. With respect to members 
     of the Corps who are also members of the Armed Forces or 
     civilian personnel of the Department of Defense, the 
     Secretary of Defense, or the Secretary's designee, must 
     concur in the Administrator's deployment determinations.
       ``(f) Annual Report.--
       ``(1) In general.--The Administrator shall provide to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Armed Services of the Senate and the 
     Committee on Oversight and Government Reform and the 
     Committee on Armed Services of the House of Representatives 
     an annual report on the status of the Contingency Contracting 
     Corps.
       ``(2) Content.--At a minimum, each report under paragraph 
     (1) shall include the number of members of the Contingency 
     Contracting Corps, the fully burdened cost of operating the 
     program, the number of deployments of members of the program, 
     and the performance of members of the program in 
     deployment.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end the 
     following new item:

``Sec. 44. Contingency Contracting Corps.''.
                                 ______
                                 
  SA 5277. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Coleman, Mr. 
Carper, Mr. Akaka, Mr. Tester, and Mrs. McCaskill) submitted an 
amendment intended to be proposed by her to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 240, between lines 6 and 7, insert the following:

           Subtitle G--Governmentwide Contracting Provisions

     SEC. 861. SHORT TITLE.

       This subtitle may be cited as the ``Accountability in 
     Government Contracting Act''.

     SEC. 862. DEFINITIONS.

       In this subtitle:
       (1) Except as otherwise provided, the term ``executive 
     agency'' has the meaning given such term in section 4 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 403).
       (2) The term ``assisted acquisition'' means the type of 
     interagency contracting through which acquisition officials 
     of an agency (the servicing agency) award a contract or task 
     or delivery order for the procurement of goods or services on 
     behalf of another agency (the requesting agency). The term 
     includes acquisitions under section 1535 of title 31, United 
     States Code (commonly referred to as the ``Economy Act''), 
     title III of the Federal Property and Administrative Services 
     Act of 1949 (41 U.S.C. 251 et seq.), the Clinger-Cohen Act of 
     1996 (division E of Public Law 104-106), and the Government 
     Management Reform Act of 1994 (Public Law 103-356; 108 Stat. 
     3410).
       (3) The term ``multi-agency contract'' means a task-order 
     or delivery-order contract established for use by more than 
     one agency to obtain supplies and services, consistent with 
     the Economy Act (31 U.S.C. 1535). The term does not include 
     contracts established and used solely within one executive 
     department or independent establishment, as those terms are 
     specified in section 101 of title 5, United States Code, and 
     defined in section 104(1) of such title, respectively.

     SEC. 863. FEDERAL ACQUISITION WORKFORCE.

       (a) Designation of Acquisition Workforce.--
       (1) In general.--Section 37 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 433) is amended by adding 
     at the end the following new subsection:
       ``(j) Acquisition Workforce Designation.--
       ``(1) In general.--The Federal Acquisition Regulation shall 
     be amended to designate those positions that are acquisition 
     positions in all executive agencies except the Department of 
     Defense. Such positions shall principally perform duties and 
     have responsibilities related to acquisition (as that term is 
     defined in section 4).
       ``(2) Required positions.--The positions designated under 
     paragraph (1) shall include, at a minimum, the following 
     positions:
       ``(A) Program management.
       ``(B) Systems planning, research, development, engineering, 
     and testing.
       ``(C) Procurement, including contracting.
       ``(D) Industrial property management.
       ``(E) Logistics.
       ``(F) Quality control and assurance.
       ``(G) Manufacturing and production.
       ``(H) Business, cost estimating, financial management, and 
     auditing.
       ``(I) Education, training, and career development.
       ``(J) Construction.
       ``(K) Joint development and production with other executive 
     agencies and foreign countries.
       ``(3) Management headquarters activities.--The positions 
     designated under paragraph (1) may include positions that are 
     in management headquarters activities and in management 
     headquarters support activities and perform acquisition-
     related functions.
       ``(4) Other acquisition positions.--The Federal Acquisition 
     Regulation, as amended under paragraph (1), may provide that 
     the Chief Acquisition Officer or Senior Procurement 
     Executive, as appropriate, of an executive agency may 
     designate as acquisition positions those additional positions 
     that perform significant acquisition-related functions within 
     that agency.
       ``(5) Database identification of acquisition workforce.--
     The Director of the Office of Management and Budget, in 
     conjunction with the Director of the Office of Personnel 
     Management, shall add a data element to the appropriate 
     database to allow for the identification and tracking of 
     members of the Federal acquisition workforce.
       ``(6) Applicability.--The Department of Defense shall 
     continue to be subject to the guidelines under section 1721 
     of title 10, United States Code.''.
       (2) Deadline for regulations.--Not later than one year 
     after the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be amended as described under 
     subsection (j) of section 37 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 433), as added by paragraph 
     (1).
       (3) Report.--Not later than one year after the date of the 
     enactment of this Act, the Administrator for Federal 
     Procurement Policy shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Government Reform of the House of 
     Representatives a report on the designation of acquisition 
     positions pursuant to subsection (j) of section 37 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 433), as 
     added by paragraph (1).
       (b) Government-Wide Acquisition Intern Program.--
       (1) 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. 44. GOVERNMENT-WIDE ACQUISITION INTERN PROGRAM.

       ``(a) Establishment of Program.--The Administrator, in 
     consultation with the Director of the Office of Personnel and 
     Management, shall establish a government-wide Acquisition 
     Intern Program to strengthen the ability of the Federal 
     acquisition workforce to carry out its key missions through 
     the Federal procurement process. The Administrator shall have 
     a goal of involving not less than 200 college graduates per 
     year in the Acquisition Intern Program.
       ``(b) Administration of Programs.--The Associate 
     Administrator for Acquisition Workforce Programs designated 
     under section 855(a) of the National Defense Authorization 
     Act for Fiscal Year 2008 (41 U.S.C. 433a(a)) shall be 
     responsible for the management, oversight, and administration 
     of the Acquisition Intern Program and shall give 
     consideration to integrating existing intern programs.
       ``(c) Terms of Acquisition Intern Program.--
       ``(1) Business-related course work requirement.--
       ``(A) In general.--Each participant in the Acquisition 
     Intern Program shall have completed 24 credit hours of 
     business-related college course work by not later than 3 
     years after admission into the program.
       ``(B) Certification criteria.--The Administrator shall 
     establish criteria for certifying the completion of the 
     course work requirement under subparagraph (A).
       ``(2) Structure of program.--The Acquisition Intern Program 
     shall consist of one year of preparatory education and 
     training in Federal procurement followed by 3 years of on-
     the-job training and development focused

[[Page 18128]]

     on Federal procurement but including rotational assignments 
     in other functional areas.
       ``(3) Employment status of interns.--Interns participating 
     in the Acquisition Intern Program shall be considered 
     probationary employees without civil service protections 
     under chapter 33 of title 5, United States Code. In 
     administering any personnel ceiling applicable to an 
     executive agency or a unit of an executive agency, an 
     individual assigned as an intern under the program shall not 
     be counted.
       ``(4) Employment status of current federal employees.--
     Current Federal employees may participate in the Acquisition 
     Intern Program without losing existing benefits and rights.
       ``(5) Agency management of program.--The Chief Acquisition 
     Officer or the Senior Procurement Executive of each executive 
     agency, as appropriate, in consultation with the Chief Human 
     Capital Officer of such agency, shall establish a central 
     intern management function in the agency to supervise and 
     manage interns participating in the Acquisition Intern 
     Program.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end the 
     following new item:

``Sec. 44. Government-wide Acquisition Intern Program.''.
       (c) Acquisition Workforce Development Fund.--
       (1) Establishment.--There is hereby established in the 
     Treasury of the United States a fund to be known as the 
     ``Acquisition Workforce Development Fund'' (in this 
     subsection referred to as the ``Fund'').
       (2) Use of funds.--Amounts in the Fund shall be used for--
       (A) the establishment and operations of the Acquisition 
     Intern Program and the Contingency Contracting Corps; and
       (B) the costs of administering the Fund, not to exceed 10 
     percent of the total funds available in the Fund.
       (3) Deposits to fund.--The Fund shall consist of amounts 
     appropriated or otherwise made available to the Fund.
       (d) Qualifications of Chief Acquisition Officers.--Section 
     16(a) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 414) is amended by adding at the end the following new 
     paragraph:
       ``(2) Chief Acquisition Officers shall be appointed from 
     among persons who have an extensive management background.''.

     SEC. 864. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES 
                   PURSUANT TO MULTIPLE AWARD CONTRACTS.

       (a) Regulations Required.--Not later than one year after 
     the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be amended to require enhanced 
     competition in the purchase of property and services by all 
     executive agencies pursuant to multiple award contracts.
       (b) Content of Regulations.--
       (1) In general.--The regulations required by subsection (a) 
     shall provide, at a minimum, that each individual purchase of 
     property or services in excess of the simplified acquisition 
     threshold that is made under a multiple award contract shall 
     be made on a competitive basis unless a contracting officer--
       (A) waives the requirement on the basis of a determination 
     that--
       (i) one of the circumstances described in paragraphs (1) 
     through (4) of section 303J(b) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253j(b)) or 
     section 2304c(b) of title 10, United States Code, applies to 
     such individual purchase; or
       (ii) a law expressly authorizes or requires that the 
     purchase be made from a specified source; and
       (B) justifies the determination in writing.
       (2) Competitive basis procedures.--For purposes of this 
     subsection, an individual purchase of property or services is 
     made on a competitive basis only if it is made pursuant to 
     procedures that--
       (A) except as provided in paragraph (3), require fair 
     notice of the intent to make that purchase (including a 
     description of the work to be performed and the basis on 
     which the selection will be made) to be provided to all 
     contractors offering such property or services under the 
     multiple award contract; and
       (B) afford all contractors responding to the notice a fair 
     opportunity to make an offer and have that offer fairly 
     considered by the official making the purchase.
       (3) Exception to notice requirement.--
       (A) In general.--Notwithstanding paragraph (2), and subject 
     to subparagraph (B), notice may be provided to fewer than all 
     contractors offering such property or services under a 
     multiple award contract as described in subsection (d)(2)(A) 
     if notice is provided to as many contractors as practicable.
       (B) Limitation on exception.--A purchase may not be made 
     pursuant to a notice that is provided to fewer than all 
     contractors under subparagraph (A) unless--
       (i) offers were received from at least 3 qualified 
     contractors; or
       (ii) a contracting officer of the executive agency 
     determines in writing that no additional qualified 
     contractors were able to be identified despite reasonable 
     efforts to do so.
       (c) Public Notice Requirements Related to Sole Source Task 
     or Delivery Orders.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Federal Acquisition Regulation 
     shall be amended to require the head of each executive 
     agency--
       (A) to publish on FedBizOpps notice of all sole source task 
     or delivery orders in excess of the simplified acquisition 
     threshold that are placed against multiple award contracts 
     not later than 14 days after such orders are placed, except 
     in the event of extraordinary circumstances or classified 
     orders; and
       (B) to publish on the website of the agency and through a 
     government-wide website selected by the Administrator for 
     Federal Procurement Policy the determination required under 
     subsection (b)(1) related to sole source task or delivery 
     orders placed against multiple award contracts not later than 
     14 days after such orders are placed, except in the event of 
     extraordinary circumstances or classified orders.
       (2) Exception.--This subsection does not require the public 
     availability of information that is exempt from public 
     disclosure under section 552(b) of title 5, United States 
     Code.
       (d) Definitions.--In this section:
       (1) The term ``individual purchase'' means a task order, 
     delivery order, or other purchase.
       (2) The term ``multiple award contract'' means--
       (A) a contract that is entered into by the Administrator of 
     General Services under the multiple award schedule program 
     referred to in section 2302(2)(C) of title 10, United States 
     Code;
       (B) a multiple award task order contract that is entered 
     into under the authority of sections 2304a through 2304d of 
     title 10, United States Code, or sections 303H through 303K 
     of the Federal Property and Administrative Services Act of 
     1949 (41 U.S.C. 253h through 253k); and
       (C) any other indefinite delivery, indefinite quantity 
     contract that is entered into by the head of an executive 
     agency with 2 or more sources pursuant to the same 
     solicitation.
       (e) Applicability.--The regulations required by subsection 
     (a) shall apply to all individual purchases of property or 
     services that are made under multiple award contracts on or 
     after such effective date, without regard to whether the 
     multiple award contracts were entered into before, on, or 
     after such effective date.

     SEC. 865. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE 
                   CONTRACTS.

       (a) Civilian Agency Contracts.--Section 303(d) of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253(d)) is amended by adding at the end the following 
     new paragraph:
       ``(3)(A) The contract period of a contract described in 
     subparagraph (B) that is entered into by an executive agency 
     pursuant to the authority provided under subsection (c)(2)--
       ``(i) may not exceed the time necessary--
       ``(I) to meet the unusual and compelling requirements of 
     the work to be performed under the contract; and
       ``(II) for the executive agency to enter into another 
     contract for the required goods or services through the use 
     of competitive procedures; and
       ``(ii) may not exceed 270 days unless the head of the 
     executive agency entering into such contract determines that 
     exceptional circumstances apply.
       ``(B) This paragraph applies to any contract in an amount 
     greater than the simplified acquisition threshold.''.
       (b) Defense Contracts.--Section 2304(d) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(3)(A) The contract period of a contract described in 
     subparagraph (B) that is entered into by an agency pursuant 
     to the authority provided under subsection (c)(2)--
       ``(i) may not exceed the time necessary--
       ``(I) to meet the unusual and compelling requirements of 
     the work to be performed under the contract; and
       ``(II) for the agency to enter into another contract for 
     the required goods or services through the use of competitive 
     procedures; and
       ``(ii) may not exceed 270 days unless the head of the 
     agency entering into such contract determines that 
     exceptional circumstances apply.
       ``(B) This paragraph applies to any contract in an amount 
     greater than the simplified acquisition threshold.''.

     SEC. 866. REGULATIONS ON USE OF TIERED EVALUATIONS OF OFFERS 
                   FOR CONTRACTS AND TASK OR DELIVERY ORDERS UNDER 
                   CONTRACTS.

       (a) Regulations Required.--Not later than one year after 
     the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be amended to provide guidance 
     for executive agencies on the use of tiered evaluations of 
     offers for contracts and for task or delivery orders under 
     contracts.
       (b) Elements.--The regulations prescribed under subsection 
     (a) shall include a prohibition on the initiation by a 
     contracting officer of a tiered evaluation of an offer for a 
     contract or for a task or delivery order under a contract 
     unless the contracting officer--
       (1) has conducted market research in accordance with part 
     10 of the Federal Acquisition Regulation in order to 
     determine whether or not a sufficient number of qualified

[[Page 18129]]

     small businesses are available to justify limiting 
     competition for the award of such contract or task or 
     delivery order under applicable law and regulations;
       (2) is unable, after conducting market research under 
     paragraph (1), to make the determination described in that 
     paragraph; and
       (3) includes in the contract file a written explanation of 
     why such contracting officer was unable to make such 
     determination.
       (c) Applicability.--The Department of Defense shall 
     continue to be subject to the guidance prescribed by the 
     Secretary of Defense under section 816 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 10 U.S.C. 2305 note).

     SEC. 867. GUIDANCE ON USE OF COST-REIMBURSEMENT CONTRACTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator for Federal 
     Procurement Policy shall promulgate in the Federal 
     Acquisition Regulation, regulations outlining the proper use 
     of cost-reimbursement contracts.
       (b) Content.--The regulations promulgated under subsection 
     (a) shall include at minimum guidance regarding--
       (1) when and under what circumstances cost reimbursement 
     contracts are appropriate;
       (2) the acquisition plan findings necessary to support a 
     decision to use cost reimbursement contracts; and
       (3) the acquisition workforce resources necessary to award 
     and manage cost reimbursement contracts.
       (c) Inspector General Review.--The Inspector General for 
     each executive agency shall develop and submit as part of its 
     annual audit plan a review of the use of cost reimbursement 
     contracts.

     SEC. 868. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION 
                   OUTCOMES.

       (a) Guidance on Linking of Award and Incentive Fees to 
     Acquisition Outcomes.-- Not later than one year after the 
     date of the enactment of this Act, the Federal Acquisition 
     Regulation shall be amended to provide executive agencies 
     other than the Department of Defense with instructions, 
     including definitions, on the appropriate use of award and 
     incentive fees in Federal acquisition programs.
       (b) Elements.--The regulations under subsection (a) shall--
       (1) ensure that all new contracts using award fees link 
     such fees to acquisition outcomes (which shall be defined in 
     terms of program cost, schedule, and performance);
       (2) establish standards for identifying the appropriate 
     level of officials authorized to approve the use of award and 
     incentive fees in new contracts;
       (3) provide guidance on the circumstances in which 
     contractor performance may be judged to be ``excellent'' or 
     ``superior'' and the percentage of the available award fee 
     which contractors should be paid for such performance;
       (4) establish standards for determining the percentage of 
     the available award fee, if any, which contractors should be 
     paid for performance that is judged to be ``acceptable'', 
     ``average'', ``expected'', ``good'', or ``satisfactory'';
       (5) ensure that no award fee may be paid for contractor 
     performance that is judged to be below satisfactory 
     performance or performance that does not meet the basic 
     requirements of the contract;
       (6) provide specific direction on the circumstances, if 
     any, in which it may be appropriate to roll over award fees 
     that are not earned in one award fee period to a subsequent 
     award fee period or periods;
       (7) ensure consistent use of guidelines and definitions 
     relating to award and incentive fees across the Federal 
     Government;
       (8) ensure that each executive agency--
       (A) collects relevant data on award and incentive fees paid 
     to contractors; and
       (B) has mechanisms in place to evaluate such data on a 
     regular basis;
       (9) include performance measures to evaluate the 
     effectiveness of award and incentive fees as a tool for 
     improving contractor performance and achieving desired 
     program outcomes; and
       (10) provide mechanisms for sharing proven incentive 
     strategies for the acquisition of different types of products 
     and services among contracting and program management 
     officials.
       (c) Applicability.--The Department of Defense shall 
     continue to be subject to guidance on award fees issued by 
     the Department pursuant to section 814 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364; 120 Stat. 2321).

     SEC. 869. DEFINITIZING OF LETTER CONTRACTS.

       (a) Guidance and Instructions.--Not later than one year 
     after the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be amended to ensure that 
     executive agencies other than the Department of Defense 
     implement and enforce requirements applicable to 
     undefinitized contractual actions.
       (b) Elements.--The regulations prescribed pursuant to 
     subsection (a) shall address, at a minimum--
       (1) the circumstances in which it is, and is not, 
     appropriate to use undefinitized contractual actions;
       (2) approval requirements (including thresholds) for the 
     use of undefinitized contractual actions;
       (3) procedures for ensuring that timelines for the 
     definitization of undefinitized contractual actions are met;
       (4) procedures for ensuring compliance with regulatory 
     limitations on the obligation of funds pursuant to 
     undefinitized contractual actions;
       (5) procedures for ensuring compliance with regulatory 
     limitations on profit or fees with respect to costs incurred 
     before the definitization of an undefinitized contractual 
     action; and
       (6) reporting requirements for undefinitized contractual 
     actions that fail to meet required timelines for 
     definitization or fail to comply with regulatory limitations 
     on the obligation of funds or on profit or fees.
       (c) Annual Report.--
       (1) In general.--The Administrator for Federal Procurement 
     Policy shall submit to Congress an annual report on the use 
     of undefinitized contracts and orders over the preceding 
     fiscal year.
       (2) Content.--The annual report under paragraph (1) shall 
     include--
       (A) the number and value of undefinitized actions;
       (B) the reasons for awarding undefinitized contracts or 
     issuing undefinitized orders;
       (C) the average number of days such actions were 
     undefinitized; and
       (D) the actions taken to better enable contracts and orders 
     to be definitized when awarded or issued.
       (d) Applicability.--The Department of Defense shall 
     continue to be subject to guidance on definitizing of letter 
     contracts issued by the Department pursuant to section 809 of 
     the National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181).

     SEC. 870. PREVENTING ABUSE OF INTERAGENCY ACQUISITIONS AND 
                   ENTERPRISE-WIDE CONTRACTS.

       (a) Office of Management and Budget Survey of Interagency 
     Acquisitions and Enterprise-Wide Contracts.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget shall submit to Congress a 
     comprehensive survey on interagency acquisitions and 
     enterprise-wide contracts, including their frequency of use 
     and management controls.
       (2) Content.--The survey under paragraph (1) shall include 
     the following information:
       (A) The name and number of interagency contracts with 
     aggregate ceilings in excess of $50,000,000 (including all 
     options) that are currently in effect or under solicitation, 
     the rationale or authority for establishing such contracts, 
     the scope of such contracts, the servicing agencies, the 
     ceiling amount and the number of contractors under each 
     contract, and activity levels (in terms of primary users and 
     value of orders issued) under each contract for the most 
     recent fiscal year.
       (B) The name and authorities of the agencies conducting 
     assisted acquisitions (excluding mandatory sources) and the 
     level of assisted acquisition activity (in terms of primary 
     users and value of obligations created for the most recent 
     fiscal year).
       (C) The name and number of enterprise-wide contracts that 
     are currently in effect or under solicitation, the rationale 
     or authority for establishing such contracts, the scope of 
     such contracts, the servicing agencies, the ceiling amount 
     and the number of contractors under each contract, and 
     activity levels (in terms of primary users and value of 
     orders issued) under each contract for the most recent fiscal 
     year.
       (3) Publication.--The Director of the Office of Management 
     and Budget shall make the survey under this subsection 
     publicly available on the website of the Office, subject to 
     the limitations established pursuant to section 552(b) of 
     title 5, United States Code.
       (b) Review of Cost-Effectiveness.--Not later than 180 days 
     after submission of the survey required under subsection 
     (a)(1), the Administrator for Federal Procurement Policy, in 
     consultation with the Administrator of General Services and 
     the Secretary of Defense, shall review all contracts 
     identified in the survey and determine whether each contract 
     is cost effective or redundant considering all existing 
     contracts available for multi-agency use. In determining 
     whether a contract is cost effective, the Administrator for 
     Federal Procurement Policy shall consider all direct and 
     indirect costs to the Federal Government of awarding and 
     administering the contract and the impact the contract will 
     have on the ability of the Federal Government to leverage its 
     purchasing power. Any determination under this subsection 
     that an enterprise-wide contract of the Department of Defense 
     is not cost effective, or is redundant, shall be made jointly 
     by the Administrator for Federal Procurement Policy and the 
     Secretary of Defense.
       (c) Office of Management and Budget Guidelines.--
       (1) Guidelines on interagency acquisitions.--Not later than 
     180 days after submission of the survey required under 
     subsection (a)(1), the Director of the Office of Management 
     and Budget, in consultation with the

[[Page 18130]]

     Administrator of General Services and the Secretary of 
     Defense, shall issue guidelines to assist the heads of 
     executive agencies in improving the management of interagency 
     acquisitions.
       (2) Guidelines on enterprise-wide contracts.--Not later 
     than 180 days after submission of the survey required under 
     subsection (a)(1), the Director of the Office of Management 
     and Budget, the Administrator of General Services, and the 
     Secretary of Defense shall jointly issue guidelines to assist 
     the heads of executive agencies in improving the management 
     of enterprise-wide contracts.
       (3) Content.--The guidelines under paragraphs (1) and (2) 
     shall include the following information, as applicable:
       (A) Procedures for the creation, continuation, and use of 
     interagency acquisitions or enterprise-wide contracts to 
     maximize competition, measure cost effectiveness and savings, 
     deliver best value to executive agencies, and minimize waste, 
     fraud, and abuse.
       (B) Categories of contracting appropriate for interagency 
     acquisition or enterprise-wide contracts.
       (C) Requirements for training acquisition workforce 
     personnel in the proper use of interagency acquisitions or 
     enterprise-wide contracts.
       (d) Regulations.--
       (1) Regulations required for assisted acquisitions.--Not 
     later than one year after the date of the enactment of this 
     Act, the Federal Acquisition Regulation shall be revised to 
     require that all assisted acquisitions include--
       (A) a written agreement between the requesting agency and 
     the servicing agency assigning responsibility for the 
     administration of the contract; and
       (B) a determination that an assisted acquisition is in the 
     best interests of the Federal Government.
       (2) Regulations required for multi-agency and enterprise-
     wide contracts.--
       (A) In general.--Subject to subparagraph (B), not later 
     than one year after the date of the enactment of this Act, 
     the Federal Acquisition Regulation shall be amended to 
     require any new multi-agency or enterprise-wide contract to 
     be supported by a business case analysis justifying the award 
     and detailing the administration of the contract, including 
     an analysis of all direct and indirect costs to the Federal 
     Government of awarding and administering the contract and the 
     impact the contract will have on the ability of the Federal 
     Government to leverage its purchasing power.
       (B) Department of defense enterprise-wide contracts.--In 
     the case of an enterprise-wide contract of the Department of 
     Defense, the Department shall conduct a business case 
     analysis in accordance with regulations implementing the 
     requirements of section 2330 of title 10, United States Code, 
     including a review of the available Multiple Award Schedule 
     pursuant to section 2302(2)(C) of such title and Government-
     wide acquisition contracts under section 11302(e) of title 
     40, United States Code, to determine whether such contracts 
     may be used to fulfill the needs of the Department more 
     economically or expeditiously.
       (e) Required Approvals.--
       (1) Approval required for creation of multi-agency and 
     enterprise-wide contracts.--Following the promulgation of the 
     regulations required under subsection (d)(2), no executive 
     agency may award a new multi-agency or enterprise-wide 
     contract without a business case that has been approved in 
     accordance with such regulations.
       (2) Approval required for continuation of multi-agency and 
     enterprise-wide contracts.--No executive agency may exercise 
     an option on an existing multi-agency or enterprise-wide 
     contract identified as non-cost effective or redundant in the 
     review required under subsection (b) without the written 
     approval of the Director of the Office of Management and 
     Budget.
       (3) Department of defense contracts.--In the case of the 
     Department of Defense, the approvals required under this 
     subsection shall be the responsibility of the senior 
     officials designated under section 2330 of title 10, United 
     States Code, and the individuals to whom responsibility for 
     specific categories of acquisitions have been assigned in 
     accordance with section 812(b) of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     10 U.S.C. 2330 note).
       (f) Enterprise-Wide Contract Defined.--In this section, the 
     term ``enterprise-wide contract'' means a single agency task 
     or delivery order contract with an aggregate contract ceiling 
     in excess of $1,000,000,000 that is created to address common 
     agency-wide needs that could be or have been satisfied 
     through an existing Multiple Award Schedule pursuant to 
     section 2302(2)(C) of title 10, United States Code, or 
     Government-wide acquisition contracts under section 11302(e) 
     of title 40, United States Code.

     SEC. 871. LEAD SYSTEMS INTEGRATORS.

       (a) Study.--Not later than one year after the date of the 
     enactment of this Act, the Administrator for Federal 
     Procurement Policy shall--
       (1) develop a government-wide definition of lead systems 
     integrators, giving consideration to the definition provided 
     in section 802(d)(1) of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2410p 
     note); and
       (2) complete a study on the use of such integrators by non-
     defense agencies.
       (b) Guidance.--Not later than 180 days after the study 
     under subsection (a)(2) is completed, the Administrator for 
     Federal Procurement Policy shall issue guidance for non-
     defense agencies on the appropriate use of lead system 
     integrators to ensure that they are used in the best 
     interests of the Federal Government.

     SEC. 872. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

       (a) Regulations.--Not later than one year after the date of 
     the enactment of this Act, the Federal Acquisition Regulation 
     shall be amended, for executive agencies other than the 
     Department of Defense, to minimize the excessive use by 
     contractors of subcontractors or tiers of subcontractors. The 
     regulations shall ensure that the contractors and 
     subcontractors do not receive indirect costs or profit when 
     the contractors or subcontractors do not perform significant 
     work under the contract.
       (b) Covered Contracts.--This section applies to any cost-
     reimbursement type contract or task or delivery order in an 
     amount greater than the simplified acquisition threshold (as 
     defined by section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403)).
       (c) Rule of Construction.--Nothing in this section shall be 
     construed as limiting the ability of the Department of 
     Defense to implement more restrictive limitations on the 
     tiering of subcontractors.
       (d) Applicability.--The Department of Defense shall 
     continue to be subject to guidance on limitations on tiering 
     of subcontractors issued by the Department pursuant to 
     section 852 of the John Warner National Defense Authorization 
     Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
     2321).

     SEC. 873. ENSURING THAT FEDERAL AGENCIES APPROPRIATELY ASSESS 
                   THE RISK OF CONTRACTORS PERFORMING FUNCTIONS 
                   CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL 
                   FUNCTIONS.

       (a) Review of Policies.--
       (1) In general.--The Administrator for Federal Procurement 
     Policy shall review the policies established by and pursuant 
     to Part 7 of the Federal Acquisition Regulation to determine 
     whether such policies--
       (A) are effective in identifying and preventing the award 
     of contracts for work that is an inherently governmental 
     function;
       (B) identify specific issues that should be addressed in 
     agency acquisition plans when contracting for services that 
     are closely associated with inherently governmental 
     functions;
       (C) require executive agency personnel to formally assess 
     and document the risk associated with the use of contractors 
     to perform such functions, the actions taken to mitigate any 
     identified risks, and the effectiveness of the mitigating 
     actions; and
       (D) are consistently and appropriately reflected in 
     policies established by each executive agency.
       (2) Scope.--The review under paragraph (1) shall apply only 
     to those executive agencies that awarded contracts and issued 
     orders in a total amount of at least $1,000,000,000 in the 
     latest fiscal year for which data is available.
       (b) Reports Required.--
       (1) Report on review of policies.--Not later than 180 days 
     after the date of the enactment of this Act, the 
     Administrator shall submit to the Committee on Homeland 
     Security and Governmental Affairs and the Committee on Armed 
     Services of the Senate and the Committee on Oversight and 
     Government Reform and the Committee on Armed Services of the 
     House of Representatives a report on the results of the 
     review conducted pursuant to subsection (a).
       (2) Recommendations.--Not later than one year after the 
     date of the enactment of this Act, the Administrator shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Armed Services of the Senate and 
     the Committee on Oversight and Government Reform and the 
     Committee on Armed Services of the House of Representatives a 
     report with any recommendations of the Administrator for 
     changes in policies based on the review conducted pursuant to 
     subsection (a).

     SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA 
                   SYSTEM.

       (a) Enhanced Transparency for Interagency Contracting and 
     Other Transactions.--Not later than one year after the date 
     of the enactment of this Act, the Director of the Office of 
     Management and Budget shall direct appropriate revisions to 
     the Federal Procurement Data System or any successor system 
     to facilitate the collection of complete, timely, and 
     reliable data on interagency contracting actions and on 
     transactions other than contracts, grants, and cooperative 
     agreements issued pursuant to section 2371 of title 10, 
     United States Code or similar authorities. The Director shall 
     ensure that data, consistent with what is collected for 
     contract actions, is obtained on--
       (1) interagency contracting actions, including data at the 
     task or delivery-order level; and
       (2) other transactions, including the initial award and any 
     subsequent modifications awarded or orders issued.

[[Page 18131]]

       (b) Timely and Accurate Transmission of Information 
     Included in Federal Procurement Data System.--Section 19(d) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     417(d)) is amended to read as follows:
       ``(d) Transmission and Data Entry of Information.--The head 
     of each executive agency shall ensure the accuracy of the 
     information included in the record established and maintained 
     by such agency under subsection (a) and shall timely transmit 
     such information to the General Services Administration for 
     entry into the Federal Procurement Data System referred to in 
     section 6(d)(4), or any successor system.''.

     SEC. 875. USE OF AVAILABLE FUNDS FOR REGULATIONS AND REPORTS.

       The promulgation of regulations and the production of 
     reports required by this subtitle shall be carried out using 
     available funds.

     SEC. 876. ONE-YEAR EXTENSION OF AUTHORITY.

       Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 
     391(a)) is amended--
       (1) in subsection (a)--
       (A) by striking ``Until September 30, 2008, the Secretary 
     may carry out a pilot program'' and inserting ``If the 
     Secretary issues policy guidance by September 30, 2008, 
     detailing the appropriate use of other transaction authority 
     and provides mandatory other transaction training to each 
     employee who has the authority to handle procurements under 
     other transaction authority, the Secretary may, before 
     September 30, 2009, carry out a program''; and
       (B) in paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subsection (b)(1)'';
       (2) in subsection (b)--
       (A) by striking ``(b) Report.--Not later than 2 years'' and 
     inserting ``(b) Reports.--
       ``(1) In general.--Not later than 2 years'';
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and realigning such 
     subparagraphs, as so redesignated, so as to be indented 4 ems 
     from the left margin; and
       (C) by adding at the end the following new paragraph:
       ``(2) Annual report on exercise of other transaction 
     authority.--
       ``(A) In general.--The Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Appropriations of the Senate and the 
     Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives an annual 
     report on the exercise of other transaction authority under 
     subsection (a).
       ``(B) Content.--The report required under subparagraph (A) 
     shall include the following:
       ``(i) The technology areas in which research projects were 
     conducted under other transactions.
       ``(ii) The extent of the cost-sharing among Federal and 
     non-Federal sources.
       ``(iii) The extent to which use of the other transactions--

       ``(I) has contributed to a broadening of the technology and 
     industrial base available for meeting the needs of the 
     Department of Homeland Security; and
       ``(II) has fostered within the technology and industrial 
     base new relationships and practices that support the 
     national security of the United States.

       ``(iv) The total amount of payments, if any, that were 
     received by the Federal Government during the fiscal year 
     covered by the report.
       ``(v) The rationale for using other transaction authority, 
     including why grants or Federal Acquisition Regulation-based 
     contracts were not used, the extent of competition, and the 
     amount expended for each such project.''.
                                 ______
                                 
  SA 5278. Mr. WYDEN (for himself and Mr. Coleman, Mr. Grassley, Mr. 
Harkin, Ms. Klobuchar, Mr. Menendez, and Mr. Roberts) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 587. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE 
                   ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE 
                   IMPLEMENTATION OF PROGRAM.

       (a) In General.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary concerned shall provide 
     any member or former member of the Armed Forces with the 
     benefits specified in subsection (b) if the member or former 
     member would, on any day during the period beginning on 
     January 19, 2007, and ending on the date of the 
     implementation of the Post-Deployment/Mobilization Respite 
     Absence (PDMRA) program by the Secretary concerned, have 
     qualified for a day of administrative absence under the Post-
     Deployment/Mobilization Respite Absence program had the 
     program been in effect during such period.
       (b) Benefits.--The benefits specified in this subsection 
     are the following:
       (1) In the case of an individual who is a former member of 
     the Armed Forces at the time of the provision of benefits 
     under this section, payment of an amount not to exceed $200 
     for each day the individual would have qualified for a day of 
     administrative absence as described in subsection (a) during 
     the period specified in that subsection.
       (2) In the case of an individual who is a member of the 
     Armed Forces at the time of the provision of benefits under 
     this section, either one day of administrative absence or 
     payment of an amount not to exceed $200, as selected by the 
     Secretary concerned, for each day the individual would have 
     qualified for a day of administrative absence as described in 
     subsection (a) during the period specified in that 
     subsection.
       (c) Exclusion of Certain Former Members.--A former member 
     of the Armed Forces is not eligible under this section for 
     the benefits specified in subsection (b)(1) if the former 
     member was discharged or released from the Armed Forces under 
     other than honorable conditions.
       (d) Maximum Number of Days of Benefits Providable.--The 
     number of days of benefits providable to a member or former 
     member of the Armed Forces under this section may not exceed 
     40 days of benefits.
       (e) Form of Payment.--The paid benefits providable under 
     subsection (b) may be paid in a lump sum or installments, at 
     the election of the Secretary concerned.
       (f) Construction With Other Pay and Leave.--The benefits 
     provided a member or former member of the Armed Forces under 
     this section are in addition to any other pay, absence, or 
     leave provided by law.
       (g) Definitions.--In this section:
       (1) The term ``Post-Deployment/Mobilization Respite Absence 
     program'' means the program of a military department to 
     provide days of administrative absence not chargeable against 
     available leave to certain deployed or mobilized members of 
     the Armed Forces in order to assist such members in 
     reintegrating into civilian life after deployment or 
     mobilization.
       (2) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(5) of title 37, United States Code.
       (h) Termination.--
       (1) In general.--The authority to provide benefits under 
     this section shall expire on the date that is one year after 
     the date of the enactment of this Act.
       (2) Construction.--Expiration under this subsection of the 
     authority to provide benefits under this section shall not 
     affect the utilization of any day of administrative absence 
     provided a member of the Armed Forces under subsection 
     (b)(2), or the payment of any payment authorized a member or 
     former member of the Armed Forces under subsection (b), 
     before the expiration of the authority in this section.
                                 ______
                                 
  SA 5279. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1222. EXTENSION OF MANDATE OF MULTI-NATIONAL FORCE IN 
                   IRAQ AFTER EXPIRATION OF ITS CURRENT UNITED 
                   NATIONS MANDATE.

       (a) Extension of Mandate.--
       (1) In general.--The President shall direct the United 
     States Special Representative to the United Nations to use 
     the voice, vote, and influence of the United States at the 
     United Nations to seek an extension of the mandate of the 
     Multi-National Force in Iraq under United National Security 
     Council Resolution 1790 (2007) in order to provide United 
     States and Coalition forces within the Multi-National Force 
     in Iraq with the authorities, privileges, and immunities 
     necessary for such forces to carry out their mission in Iraq 
     after December 31, 2008.
       (2) Sense of congress.--It is the sense of Congress that 
     the extension under paragraph (1) should expire upon the 
     earlier of--
       (A) a period of one year; or
       (B) the entry into force of a strategic framework agreement 
     between the United States and Iraq as mutually agreed upon by 
     the Government of the United States and the Government of 
     Iraq.
       (b) Limitation on Availability of Funds.--No funds 
     authorized to be appropriated by this Act or any other Act 
     may be obligated or expended to implement an agreement 
     containing a security commitment to, or security arrangement 
     with, the Republic of Iraq, unless such commitment or 
     agreement enters into force pursuant to Article II, section 
     2, clause 2 of the Constitution of the United States or is 
     authorized by a law enacted on or after the date of the 
     enactment of this Act pursuant to Article 1, section 7, 
     clause 2 of the Constitution of the United States.
       (c) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the

[[Page 18132]]

     President shall submit to Congress a report on the status of 
     the negotiations on the extension of the mandate of the 
     Multi-National Force in Iraq as described in subsection (a).
                                 ______
                                 
  SA 5280. Mr. VITTER (for himself, Mr. Inhofe, and Mr. Kyl) submitted 
an amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 237. ADDITIONAL FUNDING FOR THE MISSILE DEFENSE AGENCY 
                   FOR NEAR-TERM MISSILE DEFENSE PROGRAMS AND 
                   ACTIVITIES.

       (a) Additional Amount for Procurement Activities.--
       (1) Additional amount for procurement, defense-wide.--The 
     amount authorized to be appropriated by section 104(1) for 
     Defense-wide procurement is hereby increased by $100,000,000.
       (2) Availability.--Notwithstanding section 1002, of the 
     amount authorized to be appropriated by section 104(1) for 
     Defense-wide procurement, as increased by paragraph (1), up 
     to $100,000,000 may be available for the Missile Defense 
     Agency for the Terminal High Altitude Area Defense (THAAD) 
     system for the purpose of advanced procurement of interceptor 
     and ground components for Fire Unit #3 and Fire Unit #4, 
     including component AN/TPY-2.
       (3) Supplement not supplant.--The amount available under 
     paragraph (2) for the purpose set forth in that paragraph is 
     in addition to any other amounts available in this Act for 
     such purpose.
       (b) Additional Amount for Research, Development, Test, and 
     Evaluation Activities.--
       (1) Additional amount for research, development, test, and 
     evaluation, defense-wide.--The amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation, Defense-wide, is hereby increased by 
     $171,000,000.
       (2) Availability.--Notwithstanding section 1002, of the 
     amount authorized to be appropriated by section 201(4) for 
     research, development, test, and evaluation, Defense-wide, as 
     increased by paragraph (1), amounts are available to the 
     Missile Defense Agency as follows:
       (A) Up to $87,000,000 for Ground Based Midcourse Defense 
     for purposes as follows:
       (i) To implement a rolling target spare.
       (ii) To maintain inventory for additional short-notice test 
     events.
       (B) Up to $54,000,000 for the purpose of equipping two 
     Aegis Class cruisers of the Navy with Ballistic Missile 
     Defense Systems (BMDSs).
       (C) Up to $30,000,000 for the purpose of reducing the 
     technical risk of the Throttleable Direct and Attitude 
     Control System (TDACS) for the SM-3 Block 1B missile in order 
     to meet the needs of the commanders of the combatant commands 
     as specified in the Joint Capabilities Mix Study.
       (3) Supplement not supplant.--Amount available under each 
     of subparagraphs (A) through (C) of paragraph (2) for the 
     purposes set forth in such paragraph are in addition to any 
     other amounts available in this Act for such purposes.
       (c) Offset.--The amount authorized to be appropriated by 
     this division (other than the amount authorized to be 
     appropriated for Defense-wide procurement, and for research, 
     development, test, and evaluation, Defense-wide, for the 
     Missile Defense Agency) is hereby reduced by $271,000,000, 
     with the amount the reduction to be allocated among the 
     accounts for which funds are authorized to be appropriated by 
     this division in the manner specified by the Secretary of 
     Defense.
                                 ______
                                 
  SA 5281. Mr. NELSON of Nebraska (for himself, Mr. Smith, Mr. 
Sessions, and Mr. Graham) submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 702. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF 
                   THE RETIRED RESERVE, AND FAMILY MEMBERS, WHO 
                   ARE QUALIFIED FOR A NON-REGULAR RETIREMENT BUT 
                   ARE NOT YET AGE 60.

       (a) In General.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1076d the 
     following new section:

     ``Sec. 1076e. TRICARE program: TRICARE standard coverage for 
       certain members of the Retired Reserve who are qualified 
       for a non-regular retirement but are not yet age 60

       ``(a) Eligibility.--(1) Except as provided in paragraph 
     (2), a member of the Retired Reserve of a reserve component 
     of the armed forces who is qualified for a non-regular 
     retirement at age 60 under chapter 1223 of this title, but is 
     not age 60, is eligible for health benefits under TRICARE 
     Standard as provided in this section.
       ``(2) Paragraph (1) does not apply to a member who is 
     enrolled, or is eligible to enroll, in a health benefits plan 
     under chapter 89 of title 5.
       ``(b) Termination of Eligibility Upon Obtaining Other 
     TRICARE Standard Coverage.--Eligibility for TRICARE Standard 
     coverage of a member under this section shall terminate upon 
     the member becoming eligible for TRICARE Standard coverage at 
     age 60 under section 1086 of this title.
       ``(c) Family Members.--While a member of a reserve 
     component is covered by TRICARE Standard under the section, 
     the members of the immediate family of such member are 
     eligible for TRICARE Standard coverage as dependents of the 
     member. If a member of a reserve component dies while in a 
     period of coverage under this section, the eligibility of the 
     members of the immediate family of such member for TRICARE 
     Standard coverage under this section shall continue for the 
     same period of time that would be provided under section 1086 
     of this title if the member had been eligible at the time of 
     death for TRICARE Standard coverage under such section 
     (instead of under this section).
       ``(d) Premiums.--(1) A member of a reserve component 
     covered by TRICARE Standard under this section shall pay a 
     premium for that coverage.
       ``(2) The Secretary of Defense shall prescribe for the 
     purposes of this section one premium for TRICARE Standard 
     coverage of members without dependents and one premium for 
     TRICARE Standard coverage of members with dependents referred 
     to in subsection (f)(1). The premium prescribed for a 
     coverage shall apply uniformly to all covered members of the 
     reserve components covered under this section.
       ``(3) The monthly amount of the premium in effect for a 
     month for TRICARE Standard coverage under this section shall 
     be the amount equal to the cost of coverage that the 
     Secretary determines on an appropriate actuarial basis.
       ``(4) The Secretary shall prescribe the requirements and 
     procedures applicable to the payment of premiums under this 
     subsection.
       ``(5) Amounts collected as premiums under this subsection 
     shall be credited to the appropriation available for the 
     Defense Health Program Account under section 1100 of this 
     title, shall be merged with sums in such Account that are 
     available for the fiscal year in which collected, and shall 
     be available under subsection (b) of such section for such 
     fiscal year.
       ``(e) Regulations.--The Secretary of Defense, in 
     consultation with the other administering Secretaries, shall 
     prescribe regulations for the administration of this section.
       ``(f) Definitions.--In this section:
       ``(1) The term `immediate family', with respect to a member 
     of a reserve component, means all of the member's dependents 
     described in subparagraphs (A), (D), and (I) of section 
     1072(2) of this title.
       ``(2) The term `TRICARE Standard' means--
       ``(A) medical care to which a dependent described in 
     section 1076(a)(2) of this title is entitled; and
       ``(B) health benefits contracted for under the authority of 
     section 1079(a) of this title and subject to the same rates 
     and conditions as apply to persons covered under that 
     section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1076d the following new 
     item:

``1076e. TRICARE program: TRICARE standard coverage for certain members 
              of the Retired Reserve who are qualified for a non-
              regular retirement but are not yet age 60.''.
       (c) Effective Date.--Section 1076e of title 10, United 
     States Code, as inserted by subsection (a), shall apply to 
     coverage for months beginning on or after October 1, 2009, or 
     such earlier date as the Secretary of Defense may specify.
                                 ______
                                 
  SA 5282. Mr. NELSON of Nebraska (for himself and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD 
                   WAR II IN THE UNITED STATES MERCHANT MARINE.

       (a) Establishment of Compensation Fund.--Subchapter II of 
     chapter 5 of title 38,

[[Page 18133]]

     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 532. Merchant Mariner Equity Compensation Fund

       ``(a) Compensation Fund.--(1) There is in the general fund 
     of the Treasury a fund to be known as the `Merchant Mariner 
     Equity Compensation Fund' (in this section referred to as the 
     `compensation fund').
       ``(2) Subject to the availability of appropriations for 
     such purpose, amounts in the fund shall be available to the 
     Secretary without fiscal year limitation to make payments to 
     eligible individuals in accordance with this section.
       ``(b) Eligible Individuals.--(1) An eligible individual is 
     an individual who--
       ``(A) before October 1, 2009, submits to the Secretary an 
     application containing such information and assurances as the 
     Secretary may require;
       ``(B) has not received benefits under the Servicemen's 
     Readjustment Act of 1944 (Public Law 78-346); and
       ``(C) has engaged in qualified service.
       ``(2) For purposes of paragraph (1), a person has engaged 
     in qualified service if, between December 7, 1941, and 
     December 31, 1946, the person--
       ``(A) was a member of the United States merchant marine 
     (including the Army Transport Service and the Naval Transport 
     Service) serving as a crewmember of a vessel that was--
       ``(i) operated by the War Shipping Administration or the 
     Office of Defense Transportation (or an agent of the 
     Administration or Office);
       ``(ii) operated in waters other than inland waters, the 
     Great Lakes, and other lakes, bays, and harbors of the United 
     States;
       ``(iii) under contract or charter to, or property of, the 
     Government of the United States; and
       ``(iv) serving the Armed Forces; and
       ``(B) while so serving, was licensed or otherwise 
     documented for service as a crewmember of such a vessel by an 
     officer or employee of the United States authorized to 
     license or document the person for such service.
       ``(c) Amount of Payments.--The Secretary shall make a 
     monthly payment out of the compensation fund in the amount of 
     $1,000 to an eligible individual. The Secretary shall make 
     such payments to eligible individuals in the order in which 
     the Secretary receives the applications of the eligible 
     individuals.
       ``(d) Authorization of Appropriations.--(1) There are 
     authorized to be appropriated to the compensation fund 
     amounts as follows:
       ``(A) For fiscal year 2009, $120,000,000.
       ``(B) For fiscal year 2010, $108,000,000.
       ``(C) For fiscal year 2011, $97,000,000.
       ``(D) For fiscal year 2012, $85,000,000.
       ``(E) For fiscal year 2013, $75,000,000.
       ``(2) Funds appropriated to carry out this section shall 
     remain available until expended.
       ``(e) Reports.--The Secretary shall include, in documents 
     submitted to Congress by the Secretary in support of the 
     President's budget for each fiscal year, detailed information 
     on the operation of the compensation fund, including the 
     number of applicants, the number of eligible individuals 
     receiving benefits, the amounts paid out of the compensation 
     fund, the administration of the compensation fund, and an 
     estimate of the amounts necessary to fully fund the 
     compensation fund for that fiscal year and each of the three 
     subsequent fiscal years.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section.''.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall prescribe the 
     regulations required under section 532(f) of title 38, United 
     States Code, as added by subsection (a).
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item related to section 531 the following new item:

``532. Merchant Mariner Equity Compensation Fund.''.
                                 ______
                                 
  SA 5283. Mr. NELSON of Nebraska (for himself and Mr. Levin) submitted 
an amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 652. ENHANCEMENT OF PAY, LEAVE, AND BENEFITS FOR MEMBERS 
                   OF THE ARMED FORCES FOR CERTAIN DEPLOYMENTS AND 
                   MOBILIZATIONS. .

       (a) Career Deployment Pay for Certain Service in Qualifying 
     Areas or Under Qualifying Circumstances.--
       (1) In general.--Chapter 5 of title 37, United States Code, 
     is amended by inserting after section 305b the following new 
     section:

     ``Sec. 305c. Special pay: career deployment pay for certain 
       service in qualifying areas or under qualifying 
       circumstances

       ``(a) Special Pay Authorized.--The Secretary of a military 
     department may pay special pay under this section to a member 
     of the armed forces under the jurisdiction of the Secretary 
     who serves a qualifying minimum period in a qualifying area 
     or under qualifying circumstances in order to compensate such 
     member for such time served in deployment to such area or 
     under such circumstances.
       ``(b) Qualifying Areas and Circumstances; Qualifying 
     Minimum Periods of Service.--Each Secretary of a military 
     department shall prescribe in regulations for purposes of 
     this section the following:
       ``(1) The areas or circumstances that shall constitute 
     qualifying areas or qualifying circumstances of service for 
     purposes of the payment of special pay under this section.
       ``(2) For each area or circumstance specified under 
     paragraph (1), the minimum period of service to be served by 
     a member in such area or circumstance before the member may 
     be treated as qualifying for the payment of special pay under 
     this section.
       ``(c) Treatment of Time of Recovery From Certain Wounds or 
     Injuries.--(1) Subject to paragraph (2), any period spent by 
     a member recovering from a wound, injury, or illness incurred 
     in line of duty while serving in a qualifying area or 
     qualifying circumstance for purposes of this section shall be 
     treated as having been served by member in such area or 
     circumstances for purposes of the payment of special pay 
     under this section.
       ``(2) A period spent by a member as described in paragraph 
     (1) may be treated as provided in that paragraph only to the 
     extent such period is also spent by the member's unit in 
     service in the qualifying area or qualifying circumstances 
     concerned.
       ``(d) Monthly Rate.--The monthly rate of special pay 
     payable under this section may not exceed $1,500.
       ``(e) Payment.--Special pay payable to a member under this 
     section shall be paid under a schedule established in 
     accordance with such specifications as the Secretary of the 
     military department concerned shall prescribe for purposes of 
     this section.
       ``(f) Regulations.--Any regulations prescribed under this 
     section shall be subject to the approval of the Secretary of 
     Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 305b the following new 
     item:

``305c. Special pay: career deployment pay for certain service in 
              qualifying areas or under qualifying circumstances.''.
       (b) Rest and Recuperation Absence for Members of the Armed 
     Forces Serving in a Combat Zone.--
       (1) In general.--Section 705 of title 10, United States 
     Code, is amended--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c)(1) Under regulations prescribed by the Secretary 
     concerned, a member of the armed forces who serves at least 
     six consecutive months in a combat zone (as determined in 
     accordance with such regulations) during a tour of duty may 
     be authorized a period of rest and recuperation absence for 
     not more than 15 days with respect to such tour of duty.
       ``(2) Except as provided in section 705a of this title, a 
     period of rest and recuperation absence authorized a member 
     under paragraph (1) is in addition to any other leave or 
     absence to which the member may be entitled under law.''.
       (2) Conforming amendment.--The heading of section 705 of 
     such title is amended to read as follows:

     ``Sec. 705. Rest and recuperation absence: qualified members 
       extending duty at designated locations overseas; members 
       serving extended tours of duty in a combat zone''.

       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 40 of such title is amended by striking 
     the item relating to section 705 and inserting the following 
     new item:

``705. Rest and recuperation absence: qualified members extending duty 
              at designated locations overseas; members serving 
              extended tours of duty in a combat zone.''.
       (c) Post-Deployment Administrative Absence for Members of 
     the Reserve Components Following Duty Under Involuntary 
     Mobilization.--
       (1) In general.--Chapter 40 of title 10, United States 
     Code, is amended by inserting after section 705 the following 
     new section:

     ``Sec. 705a. Administrative absence: post-deployment absence 
       for certain members of the reserve components of the armed 
       forces following demobilization from involuntary 
       mobilization

       ``(a) Administrative Absence Authorized.--Under regulations 
     prescribed by the Secretary concerned, a member of the armed 
     forces described in subsection (b) may be authorized 
     administrative absence for not more

[[Page 18134]]

     than seven days in connection with service on active duty in 
     the armed forces described in that subsection.
       ``(b) Covered Members.--A member described in this section 
     is a member of a reserve component of the armed forces who--
       ``(1) serves on active duty in the armed forces for at 
     least 12 months pursuant to a call or order to active duty 
     without the consent of the member; and
       ``(2) either--
       ``(A) is not authorized rest and recuperation absence in 
     connection with such service on active duty under section 
     705(c) of this title; or
       ``(B) does not utilize any rest and recuperation absence so 
     authorized the member under such section.
       ``(c) Use of Absence.--Any administrative absence 
     authorized a member under subsection (a) in connection with 
     service on active duty shall be utilized by the member before 
     the member ceases such service on active duty.
       ``(d) Construction With Other Leave or Absence.--Except as 
     provided in section 705(c) of this title, a period of absence 
     authorized a member under subsection (a) is in addition to 
     any other leave or absence to which the member may be 
     entitled under law.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 40 of such title is amended by inserting 
     after the item relating to section 705, as amended by 
     subsection (b)(3) of this section, the following new item:

``705a. Administrative absence: post-deployment absence for certain 
              members of the reserve components of the armed forces 
              following demobilization from involuntary 
              mobilization.''.
       (d) Benefits Under Post-Deployment/Mobilization Respite 
     Absence Program for Certain Periods Before Implementation of 
     Program.--
       (1) In general.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary concerned may provide any 
     member or former member of the Armed Forces with the benefits 
     specified in paragraph (2) if the member or former member 
     would, on any day during the period beginning on January 19, 
     2007, and ending on the date of the implementation of the 
     Post-Deployment/Mobilization Respite Absence (PDMRA) program 
     by the Secretary concerned, have qualified for a day of 
     administrative absence under the Post-Deployment/Mobilization 
     Respite Absence program had the program been in effect during 
     such period.
       (2) Benefits.--The benefits specified in this paragraph are 
     the following:
       (A) In the case of an individual who is a former member of 
     the Armed Forces at the time of the provision of benefits 
     under this subsection, payment of an amount not to exceed 
     $200 for each day the individual would have qualified for a 
     day of administrative absence as described in paragraph (1) 
     during the period specified in that paragraph.
       (B) In the case of an individual who is a member of the 
     Armed Forces at the time of the provision of benefits under 
     this subsection, either one day of administrative absence or 
     payment of an amount not to exceed $200, as selected by the 
     Secretary concerned, for each day the individual would have 
     qualified for a day of administrative absence as described in 
     paragraph (1) during the period specified in that paragraph.
       (3) Limitation on applicability to former members.--A 
     former member of the Armed Forces is eligible under this 
     subsection for the benefits specified in paragraph (2)(A) 
     only if the former member was discharged or released from the 
     Armed Forces under honorable conditions or with a general 
     discharge under honorable conditions.
       (4) Maximum number of days of benefits providable.--The 
     number of days of benefits providable to a member or former 
     member of the Armed Forces under this subsection may not 
     exceed 40 days of benefits.
       (5) Form of payment.--The paid benefits providable under 
     paragraph (2) may be paid in a lump sum or installments, at 
     the election of the Secretary concerned.
       (6) Construction with other pay and leave.--The benefits 
     provided a member or former member of the Armed Forces under 
     this subsection are in addition to any other pay, absence, or 
     leave provided by law.
       (7) Definitions.--In this subsection:
       (A) The term ``Post-Deployment/Mobilization Respite Absence 
     program'' means the program of a military department to 
     provide days of administrative absence not chargeable against 
     available leave to certain deployed or mobilized members of 
     the Armed Forces in order to assist such members in 
     reintegrating into civilian life after deployment or 
     mobilization.
       (B) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(5) of title 37, United States Code.
       (e) Repeal of High Deployment Allowance Authorities.--
       (1) Repeal.--Section 436 of title 37, United States Code, 
     is repealed.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by striking 
     the item relating to section 436.
                                 ______
                                 
  SA 5284. Mr. BAYH (for himself, Mr. Sessions, Mr. Kennedy, Mrs. 
Clinton, Mr. Lieberman, Mr. Obama, and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 652. NO ACCRUAL OF INTEREST FOR MEMBERS OF THE ARMED 
                   FORCES ON ACTIVE DUTY.

       (a) Amendment.--Section 455 of the Higher Education Act of 
     1965 (20 U.S.C. 1087e) is amended by adding at the end the 
     following:
       ``(n) No Accrual of Interest for Active Duty Service 
     Members.--
       ``(1) In general.--Notwithstanding any other provision of 
     this part, and except as provided in paragraph (3), interest 
     shall not accrue for an eligible borrower on a loan made 
     under this part.
       ``(2) Eligible borrower.--In this subsection, the term 
     `eligible borrower' means an individual who--
       ``(A)(i) is serving on active duty during a war or other 
     military operation or national emergency; or
       ``(ii) is performing qualifying National Guard duty during 
     a war or other military operation or national emergency; and
       ``(B) is serving in an area of hostilities in which service 
     qualifies for special pay under section 310 of title 37, 
     United States Code.
       ``(3) Limitation.--An individual who qualifies as an 
     eligible borrower under this subsection may receive the 
     benefit of this subsection for not more than 60 months.''.
       (b) Consolidation Loans.--Section 428C(b)(5) of that Act 
     (20 U.S.C. 1078-3(b)(5)) is amended by inserting after the 
     first sentence the following: ``In addition, in the event 
     that a borrower chooses to obtain a consolidation loan for 
     the purposes of using the no accrual of interest for active 
     duty servicemembers program offered under section 455(n), the 
     Secretary shall offer a Federal Direct Consolidation Loan to 
     any such borrower who applies for participation in such 
     program.''.
                                 ______
                                 
  SA 5285. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 722. INSTITUTE OF MEDICINE STUDY ON MANAGEMENT OF 
                   MEDICATIONS FOR PHYSICALLY AND PSYCHOLOGICALLY 
                   WOUNDED MEMBERS OF THE ARMED FORCES.

       (a) Study Required.--There shall be set-aside from amounts 
     appropriated under section 1403, $1,000,000 for fiscal year 
     2009 to enable the Secretary of Defense shall enter into an 
     agreement with the Institute of Medicine of the National 
     Academy of Sciences for the purpose of conducting a study on 
     the management of medications for physically and 
     psychologically wounded members of the Armed Forces.
       (b) Elements.--The study required under subsection (a) 
     shall include the following:
       (1) A review and assessment of current practices within the 
     Department of Defense for the management of medications for 
     physically and psychologically wounded members of the Armed 
     Forces.
       (2) A review and analysis of the published literature on 
     factors contributing to the misadministration of medications, 
     including accidental and intentional overdoses, under and 
     over medication, and adverse interactions among medications.
       (3) An identification of the medical conditions, and of the 
     patient management procedures of the Department of Defense, 
     that increase the risk of misadministration of medications in 
     populations of members of the Armed Forces.
       (4) An assessment of current and best practices in the 
     military, other government agencies, and civilian sector 
     concerning the prescription, distribution, and management of 
     medications, and the associated coordination of care.
       (5) An identification of means for decreasing the risk of 
     medication misadminis-tration and associated problems with 
     re-spect to physically and psychologically&fnl wounded 
     members of the Armed Forces.
       (c) Report.--Not later than 18 months after entering into 
     the agreement for the study required under subsection (a), 
     the Institute of Medicine shall submit to the Secretary of 
     Defense, and to Congress, a report on the study containing 
     such findings and determinations as the Institute of Medicine 
     considers appropriate in light of the study.

[[Page 18135]]



     SEC. 723. INCREASING THE NUMBER OF PSYCHOLOGIST INTERNSHIPS.

       There shall be set-aside from amounts appropriated under 
     section 1403, $1,775,000 for fiscal year 2009, and $3,100,000 
     for fiscal year 2010, to remain available until expended, to 
     enable the Office of the Surgeon General to increase by 30 
     the number of civilian psychologist internships provided for 
     by the Office.

     SEC. 724. TRAUMATIC BRAIN INJURY SURVEY.

       There shall be set-aside from amounts appropriated under 
     section 1403, $1,000,000 for fiscal year 2009 to enable the 
     Secretary of Defense, in consultation with the Secretary of 
     Veterans Affairs, to enter into a contract with the Center 
     for Military Health Policy Research, RAND, for the conduct of 
     a follow-up survey of the 1,950 servicemember and veteran 
     participants of the Invisible Wounds of War study to 
     determine if there is any long-term impairment from traumatic 
     brain injuries, to identify the factors that inhibit access 
     to treatment, including cognitive rehabilitation for mental 
     health disorders, and to assess conditions leading to 
     unemployment and substance use. The analysis of the survey 
     results shall identify priority research needs and gaps in 
     the health care system for individuals with traumatic brain 
     injuries and post traumatic stress disorders. The survey 
     under this section shall be completed not later than 1 year 
     after the date of enactment of this Act.

     SEC. 725. COGNITIVE REHABILITATION STUDY.

       (a) In General.--There shall be set-aside from amounts 
     appropriated under section 1403, $10,000,000 for fiscal year 
     2009 to enable the Secretary of Defense, in consultation with 
     the Secretary of Veterans Affairs, the Director of the 
     National Institutes of Health, the Administrator of the 
     Substance Abuse and Mental Health Services Administration, 
     the Director of the Centers for Disease Control and 
     Prevention, and the Director of the Agency for Healthcare 
     Research and Quality, to conduct a long-term (10-year), 
     integrated study of at least 10,000 participants (including 
     injured servicemembers, smaller at-risk populations, and 
     those individuals separated from service but not seeking 
     Veterans Administration services) concerning cognitive 
     rehabilitation research.
       (b) Requirements.--The cognitive rehabilitation research 
     study conducted under subsection (a) shall--
       (1) be designed to contribute to the establishment of 
     evidence-based practice guidelines in the area of cognitive 
     rehabilitation including predictors of relapse and recovery;
       (2) evaluate how use of health care services affects 
     symptoms, functioning, and outcomes over time;
       (3) evaluate how traumatic health injuries and mental 
     health conditions affect physical health, economic 
     productivity, and social functioning;
       (4) evaluate how long-term impairments may be reduced based 
     on different rehabilitation options;
       (5) be designed to result in the implementation of 
     strategies for accessing quality mental health treatment 
     care, including cognitive rehabilitation;
       (6) assess current research activity on post traumatic 
     stress disorder and traumatic brain injury, evaluate 
     programs, and make recommendations for strategic research 
     priority setting; and
       (7) be coordinated with the study conducted under section 
     721 of the John Warner National Defense Authorization Act for 
     Fiscal Year 2007 (Public Law 109-364).
       (c) Reports.--
       (1) Baseline report.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a baseline 
     report on the results of the study conducted under subsection 
     (a).
       (2) Preliminary report.--Not later than 4 years after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a 
     preliminary report on the results of the study conducted 
     under subsection (a).
       (3) Final report.--Not later than 10 years after the date 
     of enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a final 
     report on the results of the study conducted under subsection 
     (a).
                                 ______
                                 
  SA 5286. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 338, between lines 12 and 13, insert the following:
       (e) Accountability for Equipment Provided Under Program.--
       (1) In general.--Such section, as so amended, is further 
     amended--
       (A) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (h), respectively;
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Accountability for Equipment Provided.--
       ``(1) In general.--The Secretary of Defense and the 
     Secretary of State shall jointly establish procedures and 
     guidelines for accountability for any equipment provided to a 
     foreign country's national military forces under the program 
     under subsection (a).
       ``(2) Elements.--The procedures and guidelines established 
     under paragraph (1) shall--
       ``(A) ensure that any foreign military forces provided 
     equipment under the program are informed of best practices in 
     physical security and stockpile management with respect to 
     such equipment;
       ``(B) ensure that an appropriate representative of the 
     United States (whether from the combatant command having 
     jurisdiction of the area in which the foreign country 
     concerned is located or from the United States mission to 
     such foreign country) is present when any equipment provided 
     under the program is physically received by foreign military 
     forces;
       ``(C) ensure that any foreign military forces provided 
     equipment under the program submit to the Department of 
     Defense on an annual basis a report on the current location 
     of such equipment and on the uses, if any, of such equipment 
     during the preceding year; and
       ``(D) provide for the retention and maintenance by the 
     Department of Defense of any reports submitted pursuant to 
     subparagraph (C) and of any other records or reports on 
     equipment provided under the program.
       ``(3) Guidance on compliance.--The Secretary of Defense and 
     the Secretary of State shall take appropriate actions to 
     provide guidance to the personnel of the Department of 
     Defense and personnel of the Department of State who carry 
     out activities under the program on the procedures and 
     guidelines established under paragraph (1), including any 
     procedures and guidelines established to meet the 
     requirements of paragraph (2).''; and
       (C) in subsection (g), as redesignated by paragraph (1) of 
     this subsection, by striking ``subsection (e)(3)'' and 
     inserting ``subsection (f)(3)''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect six months after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 5287. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 587. ISSUANCE OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY TO MEMBERS OF THE ARMED FORCES 
                   WHO SERVE ON ACTIVE DUTY IN SUPPORT OF A 
                   CONTINGENCY OPERATION FOR LESS THAN 90 DAYS.

       (a) Issuance Required.--Each Secretary of a military 
     department shall modify applicable regulations to provide for 
     the issuance of a Certificate of Release or Discharge from 
     Active Duty (DD Form 214) to each member of the Armed Forces 
     (including a member of the National Guard or Reserve) under 
     the jurisdiction of such Secretary who serves on active duty 
     in the Armed Forces in support of a contingency operation 
     upon the separation of the member from such service, 
     regardless of whether the period of such service is less than 
     90 days. The regulations shall be so modified not later than 
     180 days after the date of the enactment of this Act.
       (b) Contingency Operation Defined.--In this section, the 
     term ``contingency operation'' has the meaning given that 
     term in section 101(a)(13) of title 10, United States Code.
                                 ______
                                 
  SA 5288. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 587. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY (DD FORM 214).

       The Secretary of Defense shall modify the Certificate of 
     Release or Discharge from Active Duty (DD Form 214) to 
     include a current electronic mail address (if any) and a 
     current telephone number as information required of a member 
     of the Armed Forces by the form.
                                 ______
                                 
  SA 5289. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for

[[Page 18136]]

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

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

     SEC. 2914. LIMITATION ON MILITARY CONSTRUCTION PROJECTS IN 
                   IRAQ PENDING CERTIFICATION OF SATISFACTION OF 
                   CERTAIN REQUIREMENTS.

       (a) Notice and Wait.--A military construction project 
     described in subsection (b) may not be commenced until the 
     date that is 21 days after the date on which the Secretary of 
     Defense submits to the congressional defense committees the 
     certifications on the project described in subsection (c).
       (b) Covered Military Construction Projects.--A military 
     construction project described in this subsection is any 
     military construction project as follows:
       (1) A military construction project authorized by section 
     2901(b).
       (2) A military construction project in Iraq that is first 
     authorized by an Act enacted after the date of the enactment 
     of this Act or for which funds are first appropriated in an 
     Act enacted after the date of the enactment of this Act.
       (c) Certifications.--
       (1) In general.--The certifications on a military 
     construction project for purposes of subsection (a) shall 
     include each of the following:
       (A) A certification that the project is not intended to 
     provide for the permanent stationing of United States forces 
     in Iraq.
       (B) A certification that the project is required to satisfy 
     an urgent temporary requirement in support of current United 
     States military operations.
       (C) A certification that the project is for the use of 
     United States forces in Iraq.
       (D) A certification that no reasonable alternative facility 
     or installation will satisfy the requirements to be satisfied 
     by the project.
       (E) A certification that a written request for funding the 
     project was submitted to Iraq, and that the Government of 
     Iraq has considered the request.
       (2) Correspondence.--If the Government of Iraq has 
     submitted to the United States a written response to a 
     request for the funding of a military construction project 
     described by subsection (b) at the time of the submittal of 
     the certifications on the project under subsection (a), the 
     certification on the project under paragraph (1)(E) shall 
     also include copies of the request and response.
                                 ______
                                 
  SA 5290. Mr. REID proposed an amendment to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

       At the end of the bill insert the following:
       The provision of this bill shall become effective in 5 days 
     upon enactment.
                                 ______
                                 
  SA 5291. Mr. REID proposed an amendment SA 5290 proposed by Mr. Reid 
to the bill S. 3001, to authorize appropriations for fiscal year 2009 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       In the amendment strike ``5'' and insert ``4''.
                                 ______
                                 
  SA 5292. Mr. REID proposed an amendment to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

       At the appropriate place, insert the following:
       This section shall become effective 3 days after enactment.
                                 ______
                                 
  SA 5293. Mr. REID proposed an amendment to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

       In the amendment, strike ``3'' and insert ``2''.
                                 ______
                                 
  SA 5294. Mr. REID proposed an amendment SA 5293 proposed by Mr. Reid 
to the bill S. 3001, to authorize appropriations for fiscal year 2009 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       In the amendment strike ``2'' and insert ``1''.
                                 ______
                                 
  SA 5295. Mr. KYL (for himself, Mr. Vitter, and Mr. Inhofe) submitted 
an amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. __. ACTIVATION AND DEPLOYMENT OF AN/TYP-2 FORWARD-BASED 
                   X-BAND RADAR.

       Of the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities, and available for Ballistic Missile 
     Defense Sensors, up to $89,000,000 may be available for the 
     activation and deployment of the AN/TPY-2 forward-based X-
     band radar to a classified location.
                                 ______
                                 
  SA 5296. Mr. ALLARD (for himself and Mr. Salazar) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 2842. EXPANSION OF PINON CANYON MANEUVER SITE, COLORADO.

       None of the funds appropriated or otherwise made available 
     for the acquisition of land to expand the Pinon Canyon 
     Maneuver Site, Colorado, may be obligated or expended for the 
     acquisition through the exercise of eminent domain authority 
     of any real property owned by any landowner who has not 
     requested condemnation, including the filing of a declaration 
     of taking or a complaint in condemnation.
                                 ______
                                 
  SA 5297. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 556. ENHANCEMENT OF EDUCATIONAL ASSISTANCE AVAILABLE 
                   UNDER POST-9/11 VETERANS EDUCATIONAL 
                   ASSISTANCE.

       (a) Maximum Tuition and Fees To Be Determined Using Maximum 
     In-State Tuition and Fees Charged by Public Institutions 
     Throughout the United States.--Subparagraph (A) of section 
     3313(c)(1) of title 38, United States Code (as added by 
     section 5003 of the Post-9/11 Veterans Educational Assistance 
     Act of 2008 (title V of Public Law 110-252)), is amended by 
     striking ``in the State'' and all that follows and inserting 
     ``in the United States that charges the highest amount for 
     tuition and fees for in-State undergraduate students for 
     full-time pursuit of such programs of education.''.
       (b) Availability of Monthly Housing Stipend for Pursuit of 
     Program of Education Through Distance Learning.--Subparagraph 
     (B)(i) of such section (as so added) is amended by striking 
     ``the program of education'' and all that follows and 
     inserting ``the program of education--

       ``(I) a monthly housing stipend amount equal to the monthly 
     amount of the basic allowance for housing payable under 
     section 403 of title 37 for a member with dependents in pay 
     grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the institution of higher education at 
     which the individual is enrolled; or
       ``(II) in the case of an individual pursuing a program of 
     education through distance learning, a monthly housing 
     stipend amount equal to the monthly amount of the basic 
     allowance for housing so payable for such a member residing 
     in the military housing area in which the individual 
     resides.''.

[[Page 18137]]


                                 ______
                                 
  SA 5298. Mr. ALLARD (for himself, Mr. Coburn, Mr. Vitter, Mr. Cornyn, 
Mr. Craig, and Mr. Roberts) submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1083. ENHANCEMENT AND IMPROVEMENT OF PROCEDURES RELATING 
                   TO OVERSEAS VOTING BY MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Enhancement and Improvement of Certain Procedures.--
       (1) In general.--Section 102(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)) 
     is amended--
       (A) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively;
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) accept and process, with respect to any election for 
     Federal office, any otherwise valid voter registration 
     application, absentee ballot application, and completed 
     ballot that is submitted by an absent uniformed services 
     voter described by section 107(1)(A) without any requirement 
     for notarization of such document;''; and
       (C) in paragraph (5), as redesignated by paragraph (1) of 
     this subsection, by inserting before the semicolon the 
     following: ``and permit the submittal of the official post 
     card form by electronic means (including by fax transmission 
     and electronic mail transmission)''.
       (2) Conforming amendment.--Section 104(a) of such Act (42 
     U.S.C. 1973ff-3(a)) is amended by striking ``section 
     102(a)(4)'' and inserting ``section 102(a)(5)''.
       (b) Sense of Congress.--It is the sense of Congress--
       (1) to encourage the States to permit members of the Armed 
     Forces to apply for, receive, and submit absentee ballots for 
     election for Federal office by electronic means; and
       (2) to encourage the Department of Defense to implement and 
     maintain programs that permit the secure submittal by members 
     of the Armed Forces of absentee ballots for election for 
     Federal office by electronic means.
                                 ______
                                 
  SA 5299. Mr. CASEY (for himself and Mr. Hagel) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COUNTERTERRORISM STATUS REPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Success in Countering Al Qaeda Reporting Requirements Act 
     of 2008''.
       (b) Findings.--Congress makes the following findings:
       (1) Al Qaeda and its related affiliates attacked the United 
     States on September 11, 2001 in New York, New York, 
     Arlington, Virginia, and Shanksville, Pennsylvania, murdering 
     almost 3000 innocent civilians.
       (2) Osama bin Laden and his deputy Ayman al-Zawahiri remain 
     at large.
       (3) Al Qaeda and its related affiliates maintain freedom of 
     movement in the Afghan-Pakistani border region and continue 
     to strengthen their operational capabilities to plot and 
     carry out attacks.
       (4) Nearly 7 years after the attacks on September 11, 2001, 
     Al Qaeda and its related affiliates remain the most serious 
     national security threat to the United States, with alarming 
     signs that Al Qaeda and its related affiliates recently 
     reconstituted their strength and ability to generate new 
     attacks throughout the world, including against the United 
     States.
       (5) The July 2007 National Intelligence Estimate states, 
     ``Al Qaeda is and will remain the most serious terrorist 
     threat to the Homeland''.
       (6) In testimony to the Permanent Select Committee on 
     Intelligence of the House of Representatives on February 7, 
     2008, Director of National Intelligence Michael McConnell 
     stated, ``Al-Qa'ida and its terrorist affiliates continue to 
     pose significant threats to the United States at home and 
     abroad, and al-Qa'ida's central leadership based in the 
     border area of Pakistan is its most dangerous component.''.
       (7) The Intelligence Reform and Terrorist Prevention Act of 
     2004, which implemented the recommendations of the 9/11 
     Commission, and a subsequent executive order, assigned to the 
     National Counterterrorist Center (NCTC) the responsibility to 
     develop comprehensive, integrated strategic operations plans 
     for all of the Federal Government and to assess the execution 
     of these plans for the President. This vital aspect of the 
     NCTC's mission is not sufficiently resourced or supported by 
     the executive branch or Congress, resulting in a lack of 
     coherent and effective planning and implementation in the 
     struggle against terrorism.
       (8) The ``National Strategy for Combating Terrorism'', 
     issued in September 2006, affirmed that long-term efforts are 
     needed to win the battle of ideas against the root causes of 
     the violent extremist ideology that sustains Al Qaeda and its 
     affiliates. The United States has obligated resources to 
     support democratic reforms and human development to undercut 
     support for violent extremism, including in the Federally 
     Administered Tribal Areas in Pakistan and the Sahel region of 
     Africa. However, 2 reports released by the Government 
     Accountability Office in 2008 found that ``no comprehensive 
     plan for meeting U.S. national security goals in the FATA 
     have been developed,'' and ``no comprehensive integrated 
     strategy has been developed to guide the [Sahel] program's 
     implementation''.
       (9) Such efforts to combat violent extremism and radicalism 
     must be undertaken using all elements of national power, 
     including military tools, intelligence assets, law 
     enforcement resources, diplomacy, paramilitary activities, 
     financial measures, development assistance, strategic 
     communications, and public diplomacy.
       (10) There remains a paucity of information on current 
     counterterrorism efforts undertaken by the Federal Government 
     and the level of success achieved by specific initiatives.
       (11) Congress and the American people can benefit from more 
     specific data and metrics that can provide the basis for 
     objective external assessments of the progress being made in 
     the overall war being waged against violent extremism.
       (12) In its key recommendations to the 110th Congress, the 
     Government Accountability Office urged greater congressional 
     oversight in assessing the effectiveness and coordination of 
     United States international programs focused on combating and 
     preventing the growth of terrorism and its underlying causes.
       (13) The Secretary of State is required by law to submit 
     annual reports to Congress that detail key developments on 
     terrorism on a country-by-country basis. These Country 
     Reports on Terrorism provide information on acts of terrorism 
     in countries, major developments in bilateral and 
     multilateral counterterrorism cooperation, and the extent of 
     state support for terrorist groups responsible for the death, 
     kidnaping, or injury of Americans, but do not assess the 
     scope and efficacy of United States counterterrorism efforts 
     against Al Qaeda and its related affiliates.
       (14) The Executive Branch submits regular reports to 
     Congress that detail the status of United States combat 
     operations in Iraq and Afghanistan, including a breakdown of 
     budgetary allocations, key milestones achieved, and measures 
     of political, economic, and military progress.
       (15) The Department of Defense compiles a report of the 
     monthly and cumulative incremental obligations incurred to 
     support the Global War on Terrorism in a monthly Supplemental 
     and Cost of War Execution Report.
       (16) In March 2008, the Government Accountability Office 
     reported to Congress that it found the data in these reports 
     to be of ``questionable reliability'' and recommended 
     improvements in transparency and reliability in Department of 
     Defense reporting.
       (17) The absence of a comparable timely assessment of the 
     ongoing status and progress of United States counterterrorism 
     efforts against Al Qaeda and its related affiliates in the 
     overall Global War on Terrorism hampers the ability of 
     Congress and the American people to independently determine 
     whether the United States is making significant progress in 
     this defining struggle of our time.
       (18) The Executive Branch should submit a comprehensive 
     report to Congress, updated on a semiannual basis, which 
     provides a more strategic perspective regarding--
       (A) the United States' highest global counterterrorism 
     priorities;
       (B) the United States' efforts to combat and defeat Al 
     Qaeda and its related affiliates;
       (C) the United States' efforts to undercut long-term 
     support for the violent extremism that sustains Al Qaeda and 
     its related affiliates;
       (D) the progress made by the United States as a result of 
     such efforts;
       (E) the efficacy and efficiency of the United States 
     resource allocations; and
       (F) whether the existing activities and operations of the 
     United States are actually diminishing the national security 
     threat posed by Al Qaeda and its related affiliates.
       (c) Semiannual Counterterrorism Status Reports.--
       (1) In general.--Not later than July 31, 2009, and every 6 
     months thereafter, the President shall submit a report, to 
     the Committee on Foreign Relations of the Senate, the 
     Committee on Foreign Affairs of the

[[Page 18138]]

     House of Representatives, the Committee on Armed Services of 
     the Senate, the Committee on Armed Services of the House of 
     Representatives, the Committee on Appropriations of the 
     Senate, the Committee on Appropriations of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, and the Permanent Select Committee on Intelligence of 
     the House of Representatives, which contains, for the most 
     recent 6-month period, a review of the counterterrorism 
     strategy of the United States Government, including--
       (A) a detailed assessment of the scope, status, and 
     progress of United States counterterrorism efforts in 
     fighting Al Qaeda and its related affiliates and undermining 
     long-term support for violent extremism;
       (B) a judgment on the geographical region in which Al Qaeda 
     and its related affiliates pose the greatest threat to the 
     national security of the United States;
       (C) an evaluation of the extent to which the 
     counterterrorism efforts of the United States correspond to 
     the plans developed by the NCTC and the goals established in 
     overarching public statements of strategy issued by the 
     executive branch;
       (D) a description of the efforts of the United States 
     Government to combat Al Qaeda and its related affiliates and 
     undermine violent extremist ideology, which shall include--
       (i) a specific list of the President's highest global 
     counterterrorism priorities;
       (ii) the degree of success achieved by the United States, 
     and remaining areas for progress, in meeting the priorities 
     described in clause (i); and
       (iii) efforts in those countries in which the President 
     determines that--

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

       (E) the specific status and achievements of United States 
     counterterrorism efforts, through military, financial, 
     political, intelligence, and paramilitary elements, relating 
     to--
       (i) bilateral security and training programs;
       (ii) law enforcement and border security;
       (iii) the disruption of terrorist networks; and
       (iv) the denial of terrorist safe havens and sanctuaries;
       (F) a description of United States Government activities to 
     counter terrorist recruitment and radicalization, including--
       (i) strategic communications;
       (ii) public diplomacy;
       (iii) support for economic development and political 
     reform; and
       (iv) other efforts aimed at influencing public opinion;
       (G) United States Government initiatives to eliminate 
     direct and indirect international financial support for the 
     activities of terrorist groups;
       (H) a cross-cutting analysis of the budgets of all Federal 
     Government agencies as they relate to counterterrorism 
     funding to battle Al Qaeda and its related affiliates abroad, 
     including--
       (i) the source of such funds; and
       (ii) the allocation and use of such funds;
       (I) an analysis of the extent to which specific Federal 
     appropriations--
       (i) have produced tangible, calculable results in efforts 
     to combat and defeat Al Qaeda, its related affiliates, and 
     its violent ideology; or
       (ii) contribute to investments that have expected payoffs 
     in the medium- to long-term;
       (J) statistical assessments, including those developed by 
     the National Counterterrorism Center, on the number of 
     individuals belonging to Al Qaeda and its related affiliates 
     that have been killed, injured, or taken into custody as a 
     result of United States counterterrorism efforts; and
       (K) a concise summary of the methods used by NCTC and other 
     elements of the United States Government to assess and 
     evaluate progress in its overall counterterrorism efforts, 
     including the use of specific measures, metrics, and indices.
       (2) Country selection.--The countries referred to in 
     paragraph (1)(D)(iii) shall include Afghanistan, Algeria, 
     Bangladesh, Democratic Republic of Congo, Egypt, India, 
     Indonesia, Iraq, Jordan, Kenya, Lebanon, Morocco, Pakistan, 
     Philippines, Saudi Arabia, Somalia, Spain, Syria, Thailand, 
     Tunisia, Turkey, Yemen, and any other country that meets the 
     conditions described in subclause (I) or (II) of paragraph 
     (1)(D)(iii).
       (3) Interagency cooperation.--In preparing the report under 
     this subsection, the President shall include relevant 
     information maintained by--
       (A) the National Counterterrorism Center and the National 
     Counterproliferation Center;
       (B) Department of Justice, including the Federal Bureau of 
     Investigation;
       (C) the Department of State;
       (D) the Department of Defense;
       (E) the Department of Homeland Security;
       (F) the Department of the Treasury;
       (G) the Office of the Director of National Intelligence,
       (H) the Central Intelligence Agency;
       (I) the Office of Management and Budget;
       (J) the United States Agency for International Development; 
     and
       (K) any other Federal department that maintains relevant 
     information.
       (4) Report classification.--The report required under this 
     subsection shall be--
       (A) submitted in an unclassified form, to the maximum 
     extent practicable; and
       (B) accompanied by a classified appendix, as appropriate.
                                 ______
                                 
  SA 5300. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 245, strike line 14 and all that follows through 
     page 246, line 6, and insert the following:
       (b) Establishment Within the Armed Forces of Units for 
     Assistance in Managing Consequences of Incidents of National 
     Significance Involving a Chemical, Biological, Radiological, 
     or Nuclear Device, or High-Yield Explosives.--
       (1) In general.--Subject to the direction and control of 
     the President, the Secretary of Defense shall, by not later 
     than December 31, 2009, establish within the Armed Forces 
     three units having the primary mission of assisting State and 
     local governments with managing the consequences of multiple 
     incidents of national significance involving a chemical, 
     biological, radiological, or nuclear device, or high-yield 
     explosives.
       (2) Requirements.--The responsibilities of the units 
     established under subsection (a) in providing assistance 
     under that subsection shall include, but not be limited to, 
     the initial conduct of medical triage, search and rescue, 
     decontamination, and such other activities in response to an 
     incident described in that subsection as the Secretary of 
     Defense considers appropriate in managing the consequences of 
     such incident.
       (3) Additional requirements.--In establishing the units 
     required by subsection (a), the Secretary of Defense shall 
     establish such requirements relating to the equipping and 
     training of such units, and for Department of Defense support 
     of such units, as the Secretary determines appropriate in 
     order to ensure that each unit is, commencing not later than 
     December 31, 2009, at a state of full operational readiness 
     for its domestic mission at all times.
                                 ______
                                 
  SA 5301. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1068. ACCESS OF MEMBERS OF THE ARMED FORCES UNDERGOING 
                   MEDICAL OR PHYSICAL EVALUATION TO CERTAIN 
                   ORGANIZATIONS PROVIDING VETERANS COUNSELING AND 
                   SERVICES.

       (a) In General.--Chapter 58 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1154. Access to organizations providing counseling and 
       services for veterans: members of the armed forces 
       undergoing medical or physical evaluation

       ``(a) In General.--Each Secretary of a military department 
     shall carry out a program to facilitate the access of members 
     of the armed forces under the jurisdiction of such Secretary 
     for whom a medical evaluation board or physical evaluation 
     board has been initiated, as soon as practicable after the 
     initiation of such board, to representatives of military 
     service organizations, veterans service organizations, and 
     State veterans agencies that provide counseling and services 
     to members of the armed forces.
       ``(b) Notice on Availability of Counseling and Services.--
     In carrying out a program under this section, each Secretary 
     of a military department shall provide to the members of the 
     armed forces under the jurisdiction of such Secretary that 
     are described in subsection (a), and their family members, 
     notice that organizations described in that subsection 
     provide counseling and services to veterans.
       ``(c) Access to Space and Equipment.--The commander of a 
     military installation may not refuse the use of space and 
     equipment at military installations, that is required to be 
     provided by section 2670(c) of this title, to representatives 
     of a veterans service organizations, including those 
     authorized to provide counseling and services at the 
     installation under this section.
       ``(d) Private Space for Counseling and Services.--The 
     commander of each facility or location at which access is 
     provided under subsection (c) shall, at the request of a 
     member seeking to receive counseling and services under the 
     program under this section,

[[Page 18139]]

     provide private space in which the member may receive such 
     counseling and services from organizations and agencies 
     described in subsection (a).
       ``(e) Election Not to Participate.--A member of the armed 
     forces may affirmatively elect not to participate in the 
     program under this section.
       ``(f) Representative Defined.--In this section, the term 
     `representative', with respect to a veterans service 
     organization, means a representative of an organization that 
     is recognized by the Secretary of Veterans Affairs for the 
     representation of veterans under section 5902 of title 38.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 58 of such title is amended by adding at 
     the end the following:

``1154. Access to organizations providing counseling and services for 
              veterans: members of the armed forces undergoing medical 
              or physical evaluation.''.
                                 ______
                                 
  SA 5302. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1083. GRANT OF FEDERAL CHARTER TO MILITARY OFFICERS 
                   ASSOCIATION OF AMERICA.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended by inserting after chapter 
     1403 the following new chapter:

        ``CHAPTER 1404--MILITARY OFFICERS ASSOCIATION OF AMERICA

``Sec.
``140401. Organization.
``140402. Purposes.
``140403. Membership.
``140404. Governing body.
``140405. Powers.
``140406. Restrictions.
``140407. Tax-exempt status required as condition of charter.
``140408. Records and inspection.
``140409. Service of process.
``140410. Liability for acts of officers and agents.
``140411. Annual report.
``140412. Definition.

     ``Sec. 140401. Organization

       ``(a) Federal Charter.--Military Officers Association of 
     America (in this chapter, the `corporation'), a nonprofit 
     organization that meets the requirements for a veterans 
     service organization under section 501(c)(19) of the Internal 
     Revenue Code of 1986 and is organized under the laws of the 
     Commonwealth of Virginia, is a federally chartered 
     corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) shall expire.

     ``Sec. 140402. Purposes

       ``(a) General.--The purposes of the corporation are as 
     provided in its bylaws and articles of incorporation and 
     include--
       ``(1) to inculcate and stimulate love of the United States 
     and the flag;
       ``(2) to defend the honor, integrity, and supremacy of the 
     Constitution of the United States and the United States 
     Government;
       ``(3) to advocate military forces adequate to the defense 
     of the United States;
       ``(4) to foster the integrity and prestige of the Armed 
     Forces;
       ``(5) to foster fraternal relations between all branches of 
     the various Armed Forces from which members are drawn;
       ``(6) to further the education of children of members of 
     the Armed Forces;
       ``(7) to aid members of the Armed forces and their family 
     members and survivors in every proper and legitimate manner;
       ``(8) to present and support legislative proposals that 
     provide for the fair and equitable treatment of members of 
     the Armed Forces, including the National Guard and Reserves, 
     military retirees, family members, survivors, and veterans; 
     and
       ``(9) to encourage recruitment and appointment in the Armed 
     Forces.

     ``Sec. 140403. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of members of the corporation, are as 
     provided in the bylaws of the corporation.

     ``Sec. 140404. Governing body

       ``(a) Board of Directors.--The composition of the board of 
     directors of the corporation, and the responsibilities of the 
     board, are as provided in the articles of incorporation and 
     bylaws of the corporation.
       ``(b) Officers.--The positions of officers of the 
     corporation, and the election of the officers, are as 
     provided in the articles of incorporation and bylaws.

     ``Sec. 140405. Powers

       ``The corporation has only those powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 140406. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Distribution of Income or Assets.--The income or 
     assets of the corporation may not inure to the benefit of, or 
     be distributed to, a director, officer, or member of the 
     corporation during the life of the charter granted by this 
     chapter. This subsection does not prevent the payment of 
     reasonable compensation to an officer or employee of the 
     corporation or reimbursement for actual necessary expenses in 
     amounts approved by the board of directors.
       ``(c) Loans.--The corporation may not make a loan to a 
     director, officer, employee, or member of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval or the 
     authority of the United States Government for any of its 
     activities.
       ``(e) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     Commonwealth of Virginia.

     ``Sec. 140407. Tax-exempt status required as condition of 
       charter

       ``If the corporation fails to maintain its status as an 
     organization exempt from taxation under the Internal Revenue 
     Code of 1986, the charter granted under this chapter shall 
     terminate.

     ``Sec. 140408. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of the members, board of 
     directors, and committees of the corporation having any of 
     the authority of the board of directors of the corporation; 
     and
       ``(3) at the principal office of the corporation, a record 
     of the names and addresses of the members of the corporation 
     entitled to vote on matters relating to the corporation.
       ``(b) Inspection.--A member entitled to vote on any matter 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose at any reasonable time.

     ``Sec. 140409. Service of process

       ``The corporation shall comply with the law on service of 
     process of each State in which it is incorporated and each 
     State in which it carries on activities.

     ``Sec. 140410. Liability for acts of officers and agents

       ``The corporation is liable for any act of any officer or 
     agent of the corporation acting within the scope of the 
     authority of the corporation.

     ``Sec. 140411. Annual report

       ``The corporation shall submit to Congress an annual report 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101(b) of 
     this title. The report may not be printed as a public 
     document.

     ``Sec. 140412. Definition

       ``In this chapter, the term `State' includes the District 
     of Columbia and the territories and possessions of the United 
     States.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 36, United States Code, is 
     amended by inserting after the item relating to chapter 1403 
     the following new item:

``1404. Military Officers Association of America..........140401''.....

                                 ______
                                 
  SA 5303. Mr. BINGAMAN (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1083. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED 
                   FORCES AND CIVILIAN EMPLOYEES OF THE UNITED 
                   STATES CAPTURED BY JAPAN AND FORCED TO PERFORM 
                   SLAVE LABOR DURING WORLD WAR II.

       (a) Findings.--Congress makes the following findings:
       (1) During World War II, members of the Armed Forces of the 
     United States fought valiantly against the Armed Forces of 
     Japan in the Pacific. In particular, from December 1941 until 
     May 1942, members of the Armed Forces of the United States 
     fought courageously against overwhelming Armed Forces of 
     Japan on Wake Island, Guam, the Philippine Islands, including 
     the Bataan Peninsula and Corregidor, and the Dutch East 
     Indies, thereby preventing Japan from accomplishing strategic 
     objectives necessary for

[[Page 18140]]

     achieving a preemptive military victory in the Pacific during 
     World War II.
       (2) During initial military action in the Philippines, 
     members of the Armed Forces of the United States were ordered 
     to surrender on April 9, 1942, and were forced to march 65 
     miles to prison camps at Camp O'Donnell, Cabanatuan, and 
     Bilibid. More than 10,000 people of the United States died 
     during the march (known as the ``Bataan Death March'') and 
     during subsequent imprisonment as a result of starvation, 
     disease, and executions.
       (3) Beginning in January 1942, the Armed Forces of Japan 
     began transporting United States prisoners of war to Japan, 
     Taiwan, Manchuria, and Korea to perform slave labor to 
     support Japanese industries. Many of the unmarked merchant 
     vessels in which the prisoners were transported (known as 
     ``Hell Ships'') were attacked by the Armed Forces of the 
     United States, which, according to some estimates, killed 
     more than 3,600 people of the United States.
       (4) Following the conclusion of World War II, the 
     Government of the United States agreed to pay compensation to 
     former prisoners of war of the United States, amounting to 
     $2.50 per day of imprisonment. This compensation, paid from 
     assets of Japan frozen by the Government of the United 
     States, is wholly insufficient to compensate fully such 
     former prisoners of war for the conditions they endured. 
     Neither the Government of Japan nor any corporations of Japan 
     admit any liability requiring payment of compensation.
       (5) Other countries, including Canada, the United Kingdom, 
     Isle of Man, Norway, the Netherlands, New Zealand, and 
     Australia have previously awarded such a compensation to 
     their surviving veterans who were captured by the Japanese 
     during World War II and required to perform slave labor. 
     Currently, the United States is the only Western Allied power 
     that has not awarded similar compensation to these 
     distinguished heroes of World War II who were prisoners of 
     war of Japan.
       (b) Purpose.--The purpose of this section is to recognize, 
     by the provision of compensation, the heroic contributions of 
     the members of the Armed Forces and civilian employees of the 
     United States who were captured by the Japanese military 
     during World War II and denied their basic human rights by 
     being forced to perform slave labor by the Imperial 
     Government of Japan or by corporations of Japan during World 
     War II.
       (c) Definitions.--In this section:
       (1) Covered veteran or civilian internee.--The term 
     ``covered veteran or civilian internee'' means any individual 
     who--
       (A) is a citizen of the United States;
       (B) was a member of the Armed Forces, a civilian employee 
     of the United States, or an employee of a contractor of the 
     United States during World War II;
       (C) served in or with the Armed Forces during World War II;
       (D) was captured and held as a prisoner of war or prisoner 
     by Japan in the course of such service; and
       (E) was required by the Imperial Government of Japan, or 
     one or more corporations of Japan, to perform slave labor 
     during World War II.
       (2) Slave labor.--The term ``slave labor'' means forced 
     servitude under conditions of subjugation.
       (d) Payment of Compensation Required.--
       (1) In general.--Subject to the availability of 
     appropriated funds, the Secretary of Defense shall pay 
     compensation to each living covered veteran or civilian 
     internee, or to the surviving spouse of a covered veteran or 
     civilian internee, in the amount of $20,000.
       (2) Rebuttable presumption.--An application for 
     compensation submitted under this section by or with respect 
     to an individual seeking treatment as a covered veteran or 
     civilian internee under this section is subject to a 
     rebuttable presumption that such individual is a covered 
     veteran or civilian internee if the application on its face 
     provides information sufficient to establish such individual 
     as a covered veteran or civilian internee.
       (e) Relationship to Other Payments.--Any amount paid to a 
     person under this section for activity described in 
     subsection (c)(1)(D) is in addition to any other amount paid 
     to such person for such activity under any other provision of 
     law.
       (f) Inapplicability of Taxation or Attachment.--Any amount 
     paid to a person under this section shall not be subject to 
     any taxation, attachment, execution, levy, tax lien, or 
     detention under any process whatever.
                                 ______
                                 
  SA 5304. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 152. AC-130H SPECTRE GUNSHIPS.

       (a) Report on Reduction in Service Life in Connection With 
     Accelerated Deployment.--Not later than December 31, 2008, 
     the Secretary of the Air Force shall submit to the 
     congressional defense committees an assessment of the 
     reduction in the service life of AC-130H Spectre gunships of 
     the Air Force as a result of the accelerated deployments of 
     such gunships that are anticipated during the seven to ten 
     year period beginning with the date of the enactment of this 
     Act.
       (b) Elements.--
       (1) In general.--The report required by subsection (a) 
     shall include the following:
       (A) An estimate of the maintenance costs for the AC-130H 
     Spectre gunships during the period described in subsection 
     (a), including any major airframe and engine overhauls of 
     such aircraft anticipated during that period, which costs 
     shall be set forth on a per-aircraft basis.
       (B) A description of the age and serviceability of the 
     armament systems of the AC-130H Spectre gunships.
       (C) An estimate of the costs of retrofitting the armament 
     systems of the AC-130H Spectre gunships with advanced medium 
     caliber weapons and precision guided munitions during that 
     period.
       (D) A description of the age of the electronic warfare 
     systems of the AC-130H Spectre gunships, and an estimate of 
     the cost of upgrading such systems during that period.
       (E) A description of the age of the avionics systems of the 
     AC-130H Spectre gunships, and an estimate of the cost of 
     upgrading such systems during that period.
       (F) An estimate of the costs of replacing the AC-130H 
     Spectre gunships listed in paragraph (2) with AC-130J 
     gunships, including--
       (i) a description of the time required for the replacement 
     of every AC-130H Spectre gunship with an AC-130J gunship; and
       (ii) a comparative analysis of the costs of operation of 
     AC-130H Spectre gunships, including costs of operation, 
     maintenance, and personnel, with the anticipated costs of 
     operation of AC-130J gunships.
       (2) Covered ac-130h spectre gunships.--The AC-130H Spectre 
     gunships listed in this paragraph are the AC-130H Spectre 
     gunships with tail numbers as follows:
       (A) Tail number 69-6568.
       (B) Tail number 69-6569.
       (C) Tail number 69-6570.
       (D) Tail number 69-6572.
       (E) Tail number 69-6573.
       (F) Tail number 69-6574.
       (G) Tail number 69-6575.
       (H) Tail number 69-6577.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 5305. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 907. TEST AND EVALUATION ACTIVITIES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Review of Test and Evaluation Activities.--The Defense 
     Science Board shall carry out a thorough review of the 
     conduct of test and evaluation activities by the Department 
     of Defense.
       (b) Scope of Review.--The review required by subsection (a) 
     shall address and include the following:
       (1) The test and evaluation enterprise using the 
     recommendations of 1999 report of the Defense Science Board 
     as a baseline.
       (2) The effectiveness of the Defense Testing Resource 
     Management Center in coordinating and certifying Department 
     of Defense budgets for test and evaluation.
       (3) The adequacy of funding through the future-years 
     defense program to sustain Major Range and Test Facility Base 
     activities both through personnel and equipment acquisition 
     and maintenance.
       (4) An identification of means for strengthening the 
     management and coordination of the test and evaluation 
     enterprise of the Department of Defense, including means of 
     improving the role of the Defense Testing Resource Management 
     Center in such activities.
       (5) An assessment whether the Department of Defense is 
     fully meeting the objectives set forth in section 232 of the 
     National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 2489), and, if not, an 
     identification of additional actions to be taken by the 
     Department or Congress to achieve full achievement of such 
     objectives.
       (6) Such other matters as the Secretary of Defense 
     considers appropriate.
       (c) Report.--The Defense Science Board shall submit to the 
     Secretary of Defense, and to Congress, a report setting forth 
     such recommendations for legislative or administrative action 
     as the Defense Science Board considers appropriate as a 
     result of the review under subsection (a) for improvements

[[Page 18141]]

     in the conduct of test and evaluation activities by the 
     Department of Defense.
                                 ______
                                 
  SA 5306. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Program Required.--
       (1) In general.--Commencing not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall carry out a program under which members of the 
     Armed Forces who are undergoing convalescence at military 
     medical treatment facilities in the National Capital Region, 
     including Walter Reed Army Medical Center, District of 
     Columbia, are eligible to serve as follows:
       (A) As a fellow of Congress, whether in the staff of a 
     Member of Congress or the staff of a committee of Congress.
       (B) As a fellow of the legislature of a State, whether in 
     the staff of a member of such legislature or the staff of a 
     committee of such legislature.
       (C) As an intern in any other public office.
       (2) Designation.--The program required by this section 
     shall be known as the ``Wounded Warrior Public Service 
     Initiative''.
       (b) Participation of Members of the Armed Forces.--
       (1) Range of members.--In carrying out the program under 
     this section, the Secretary shall encourage participation in 
     the program by members of the Armed Forces in a range of 
     grades, including enlisted grades, non-commissioned officer 
     grades, and officer grades.
       (2) Voluntary participation.--The participation of members 
     of the Armed Forces in the program shall be on a voluntary 
     basis.
       (3) Encouragement of participation in program.--The 
     Secretary shall take appropriate actions--
       (A) to notify members of the Armed Forces described in 
     subsection (a)(1) of their eligibility for participation in 
     the program; and
       (B) to facilitate participation in the program by members 
     who elect to participate in the program, including through 
     the provision of appropriate support for such members in 
     participating in the program.
       (4) Prohibition on political activities.--While serving in 
     an office under the program, a member of the Armed Forces 
     participating in the program may not engage in any political 
     activity otherwise prohibited by law for similar employees of 
     such office.
       (c) Pay and Allowances.--
       (1) No additional pay and allowances.--A member of the 
     Armed Forces participating in the program under this section 
     shall not be entitled to any pay and allowances by reason of 
     participation in the program other than the pay and 
     allowances otherwise payable to the member by law.
       (2) Expenses.--A member of the Armed Forces participating 
     in the program shall be paid or reimbursed for the expenses 
     incurred by the member in connection with participation in 
     the program.
       (d) Administrative Matters.--
       (1) Administration.--The program required by this section 
     shall be administered within the Department of Defense by an 
     appropriate official of the Department assigned by the 
     Secretary for that purpose.
       (2) Responsibilities.--In administering the program, the 
     official assigned under paragraph (1) shall--
       (A) work collaboratively with Members and committees of 
     Congress to identify appropriate fellowship opportunities for 
     members of the Armed Forces seeking to participate in the 
     program; and
       (B) work collaboratively with the Director of the Capitol 
     Guide Service and Congressional Special Services Office of 
     the Architect of the Capitol to accommodate the special 
     physical needs of members of the Armed Forces who are 
     participating in the program.
       (e) Payment of Costs.--Any costs associated with the 
     participation of members of the Armed Forces in the program 
     required by this section, including any costs of expenses of 
     members under subsection (c)(2), shall be borne by the 
     Department of Defense from amounts available to the 
     Department for the Operation Warfighter Program.
       (f) Duration.--The program required by this section shall 
     cease on the date that is five years after the commencement 
     of the program. No member of the Armed Forces may serve under 
     the program after the date of the cessation of the program.
       (g) Definitions.--In this section:
       (1) The term ``public office'' means an office within a 
     department, agency, commission, board, corporation, or 
     service of the Federal Government or a State government that 
     exercises any function of government.
       (2) The term ``State'' includes the District of Columbia.
                                 ______
                                 
  SA 5307. Mr. BAUCUS (for himself, Mr. Conrad, and Mr. Tester) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 332. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT 
                   OF THE ENCROACHMENT OF CIVILIAN ACTIVITIES ON 
                   MILITARY INSTALLATIONS AND ACTIVITIES IN THE 
                   UNITED STATES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report setting forth an assessment by the 
     Comptroller General of the extent of the encroachment of 
     civilian activities (including the use of waters and 
     airspace) on military installations and activities in the 
     United States during the period from 2009 through 2019.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the extent to which the Department of 
     Defense has identified encroachment of civilian activities 
     (including the use of waters and airspace) on military 
     installations and activities in the United States.
       (2) A description of the extent to which the Department has 
     identified non-attainment of air quality standards as a 
     reason for not pursuing the expansion of military operations 
     at military installations in the United States.
       (3) A description of the extent to which the Department has 
     identified the cost to the Department of programs and 
     activities to mitigate the encroachment of civilian 
     activities on military installations and activities in the 
     United States as described under paragraphs (1) and (2).
       (4) A description of the programs or processes of the 
     Department for estimating the likely changes in the 
     encroachment of civilian activities in the United States, and 
     in the non-attainment of air quality standards, on military 
     installations and activities in the United States during the 
     period from 2009 through 2019 as a result of anticipated 
     changes in relevant civilian activities (such as air travel).
       (5) A description of the plans of the Department for 
     mitigating civilian encroachment on military installations in 
     the United States and to address non-attainment of air 
     quality standards from 2009 through 2019, and a description 
     of the extent to which the Department has identified the 
     costs of such plans.
       (6) An assessment of the adequacy of current Department 
     actions to address civilian encroachment on military 
     installations in the United States and to address non-
     attainment of air quality standards.
       (7) An identification and assessment of alternative courses 
     available to the Department to minimize the effects of 
     encroachment of civilian activities on military operations in 
     the United States.
       (8) Any other matters relating to the encroachment of 
     civilian activities on military installations and activities 
     in the United States that the Comptroller General considers 
     appropriate.
                                 ______
                                 
  SA 5308. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 572. RESPITE CARE FOR SPOUSES OF MEMBERS OF THE ARMED 
                   FORCES DEPLOYING TO COMBAT ZONES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue guidance to ensure that each spouse of a member of the 
     Armed Forces who deploys to a combat zone has access to 
     respite care with respect to children under the age of 13 
     throughout the period of the member's deployment to the 
     combat zone.
       (b) Access.--For purposes of subsection (a), a spouse shall 
     be treated as having access to respite care throughout the 
     period of a member's deployment to a combat zone if--
       (1) access to respite care is reserved for the spouse at 
     the child development program at the permanent duty station 
     of the member concerned during the entirety of such period;
       (2) the Secretary of Defense provides (whether by payment 
     or reimbursement) for

[[Page 18142]]

     access to respite care from some other source during the 
     entirety of such period; or
       (3) access to respite care throughout such period is 
     achieved by a combination of the mechanisms described in 
     paragraphs (1) and (2).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the guidance issued under subsection (a), 
     including a description of how respite care will be made 
     available to spouses described in subsection (a) whether 
     residing on a military installation or off a military 
     installation.
       (d) Respite Care Defined.--In this section, the term 
     ``respite care'' means short-term, temporary relief to those 
     who are caring for dependent children.
                                 ______
                                 
  SA 5309. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1222. ADJUSTMENT OF STATUS FOR CERTAIN IRAQIS.

       Section 1244 of the National Defense Authorization Act of 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 396) is 
     amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h) Adjustment of Status.--Notwithstanding paragraphs 
     (2), (7), or (8) of subsection (c) of section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), the 
     Secretary of Homeland Security may adjust the status of an 
     alien described in subsection (b) to that of an alien 
     lawfully admitted for permanent residence under subsection 
     (a) of such section 245 if the alien--
       ``(1) was paroled or admitted as a nonimmigrant into the 
     United States; and
       ``(2) is otherwise eligible for special immigrant status 
     under this section and under the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.)).''.
                                 ______
                                 
  SA 5310. Mr. SESSIONS submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy; 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 556. INCREASE IN AUTHORIZED AMOUNTS OF TUITION AND 
                   SIMILAR ASSISTANCE FOR MEMBERS OF THE ARMED 
                   FORCES.

       (a) Increase in Authorized Amounts.--The maximum amounts of 
     advanced education assistance providable to an individual 
     under section 2005 of title 10, United States Code, and of 
     tuition payable for an individual for off-duty training or 
     education under section 2007 of title 10, United States Code, 
     shall, under regulations prescribed by the Secretary of 
     Defense, be the applicable amounts as follows:
       (1) In the case of tuition--
       (A) not more than $350 per credit hour; and
       (B) not more than $6,300 per year.
       (2) In the case of the stipend for books--
       (A) not more than $300 per semester; and
       (B) not more than $700 per year.
       (b) Increase in Receipt of Assistance.--The Secretary of 
     Defense shall take appropriate actions to achieve the 
     objective of increasing the number of members of the Armed 
     Forces provided advanced education assistance under section 
     2005 of title 10, United States Code, and of the number of 
     individuals for whom tuition is paid for off-duty training or 
     education under section 2007 of title 10, United States Code, 
     including individuals who are also in receipt of post-9/11 
     veterans educational assistance under chapter 33 of title 38, 
     United States Code, by a number equal to 25 percent of the 
     number of members provided such assistance or for whom such 
     tuition is paid, as the case may be, as of the date of the 
     enactment of this Act.
       (c) Report on Actions to Facilitate Retention Through 
     Pursuit of Post-Secondary Degrees by Members of the Armed 
     Forces.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committee a report 
     on the actions being taken by the Secretary to enhance 
     retention by assisting members of the Armed Forces in making 
     progress toward receipt of associates', bachelor's degrees, 
     master's degrees, and doctoral degrees from accredited 
     institutions of higher education (including Department of 
     Defense professional military education schools) while 
     continuing their careers in the Armed Forces.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the actions proposed to be taken by 
     the Secretary of Defense under subsection (b).
       (B) An assessment by each Secretary concerned of the 
     projected effects on usage of in-service educational 
     programs, and the effects on retention of officers and 
     enlisted members of the Armed Forces through fiscal year 
     2011, of changes to post-service educational benefits under 
     chapters 30 and 33 of title 38, United States Code, and 
     chapters 1606 and 1607 of title 10, United States Code.
       (C) Such recommendations as the Secretary of Defense 
     considers appropriate for other actions to enhance retention 
     and assist members of the Armed Forces in making progress 
     toward receipt of associates' degrees, bachelor's degrees, 
     master's degrees, and doctoral degrees while continuing their 
     careers in the Armed Forces, including--
       (i) modifications of policies on tuition assistance;
       (ii) the extension of sabbaticals from service in the Armed 
     Forces for educational purposes;
       (iii) the provision of associates-level, bachelor-level, 
     master-level, or doctoral-level courses of education by the 
     military departments and through accredited civilian 
     institutions of higher education; and
       (iv) additional or enhanced payments of educational 
     expenses for associates-level bachelor-level, master-level, 
     and doctoral-level courses by the military departments or 
     jointly by the military departments and the Department of 
     Veterans Affairs.
       (3) Consultation.--In developing recommendations under 
     paragraph (2)(B) for the report required by paragraph (1), 
     the Secretary of Defense shall consult with the Secretary of 
     Veterans Affairs.
                                 ______
                                 
  SA 5311. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy; to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 907. TEST AND EVALUATION ACTIVITIES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Review of Test and Evaluation Activities.--The Defense 
     Science Board shall carry out a thorough review of the 
     conduct of test and evaluation activities by the Department 
     of Defense.
       (b) Scope of Review.--The review required by subsection (a) 
     shall address and include the following:
       (1) The test and evaluation enterprise using the 
     recommendations of 1999 report of the Defense Science Board 
     as a baseline.
       (2) The effectiveness of the Test Resource Management 
     Center in coordinating and certifying Department of Defense 
     budgets for test and evaluation.
       (3) The adequacy of funding through the future-years 
     defense program to sustain Major Range and Test Facility Base 
     activities both through personnel and equipment acquisition 
     and maintenance.
       (4) An identification of means for strengthening the 
     management and coordination of the test and evaluation 
     enterprise of the Department of Defense, including means of 
     improving the role of the Test Resource Management Center in 
     such activities.
       (5) An assessment whether the Department of Defense is 
     fully meeting the objectives set forth in subtitle D of title 
     II of the National Defense Authorization Act for Fiscal Year 
     2003 (Public Law 107-314), and, if not, an identification of 
     additional actions to be taken by the Department or Congress 
     to achieve full achievement of such objectives.
       (6) Such other matters as the Secretary of Defense 
     considers appropriate.
       (c) Report.--The Defense Science Board shall submit to the 
     Secretary of Defense, and to Congress, a report setting forth 
     such recommendations for legislative or administrative action 
     as the Defense Science Board considers appropriate as a 
     result of the review under subsection (a) for improvements in 
     the conduct of test and evaluation activities by the 
     Department of Defense.
                                 ______
                                 
  SA 5312. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy; to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page 18143]]



     SEC. 834. IMPROVEMENT OF WHISTLEBLOWER PROTECTIONS FOR 
                   CONTRACTOR EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Disclosure of Investigation Files.--Paragraph (1) of 
     subsection (b) of section 2409 of title 10, United States 
     Code, is amended--
       (1) by inserting ``(A)'' after ``(1)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The file and any records of the investigation of a 
     complaint under this paragraph shall be subject to disclosure 
     in accordance with the provisions of section 552a of title 
     5.''.
       (b) Evidence Substantiating Occurrence of Reprisal.--
     Subsection (b) of such section is further amended by adding 
     at the end the following new paragraph:
       ``(3)(A) A person alleging a reprisal under this section 
     shall affirmatively establish the occurrence of the reprisal 
     if the person demonstrates that a disclosure described in 
     subsection (a) was a contributing factor in the reprisal. A 
     disclosure may be demonstrated as a contributing factor for 
     purposes of this paragraph by circumstantial evidence, 
     including evidence as follows:
       ``(i) Evidence that the official undertaking the reprisal 
     knew of the disclosure.
       ``(ii) Evidence that the reprisal occurred within a period 
     of time after the disclosure such that a reasonable person 
     could conclude that the disclosure was a contributing factor 
     in the reprisal.
       ``(B) Except as provided in subparagraph (C), if a reprisal 
     is affirmatively established under subparagraph (A), the 
     Inspector General shall recommend in the report under 
     paragraph (1) that corrective action be taken under 
     subsection (c).
       ``(C) The Inspector General may not recommend corrective 
     action under subparagraph (B) with respect to a reprisal that 
     is affirmatively established under subparagraph (A) if the 
     contractor demonstrates by clear and convincing evidence that 
     the contractor would have taken the action constituting the 
     reprisal in the absence of the disclosure.''.
       (c) Burden of Proof in Actions Following Lack of Relief.--
     Paragraph (2) of subsection (c) of such section is amended--
       (1) by inserting ``(A)'' after ``(2)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) In any action under subparagraph (A), the 
     establishment of the occurrence of a reprisal shall be 
     governed by the provisions of subsection (b)(3)(A), including 
     the burden of proof in that subsection, subject to the 
     establishment by the contractor that the action alleged to 
     constitute the reprisal did not constitute a reprisal in 
     accordance with the provisions of subsection (b)(3)(C), 
     including the burden of proof in that subsection.''.
       (d) Clarification of Recourse to Judicial Review.--
     Paragraph (5) of subsection (c) of such section is amended by 
     striking ``Any person'' and inserting ``Except in the case of 
     a complainant who brings an action under paragraph (2), any 
     person''.
                                 ______
                                 
  SA 5313. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy; to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 831 and insert the following:

     SEC. 831. DATABASE FOR FEDERAL AGENCY CONTRACTING OFFICERS 
                   AND SUSPENSION AND DEBARMENT OFFICIALS.

       (a) In General.--Subject to the authority, direction, and 
     control of the Director of the Office of Management and 
     Budget, the Administrator of General Services shall 
     establish, not later than one year after the date of the 
     enactment of this Act, a database of information regarding 
     the integrity and performance of certain persons awarded 
     Federal agency contracts for use by Federal agency officials 
     having authority over contracts.
       (b) Persons Covered.--The database shall cover the 
     following:
       (1) Any person awarded a Federal agency contract in excess 
     of $500,000, if any information described in subsection (c) 
     exists with respect to such person.
       (2) Any person awarded such other category or categories of 
     Federal agency contract as the Federal Acquisition Regulation 
     may provide, if such information exists with respect to such 
     person.
       (c) Information Included.--With respect to a covered person 
     the database shall include information (in the form of a 
     brief description) for the most recent 5-year period 
     regarding the following:
       (1) Each civil or criminal proceeding, or any 
     administrative proceeding, in connection with the award or 
     performance of a contract with the Federal Government with 
     respect to the person during the period to the extent that 
     such proceeding results in the following dispositions:
       (A) In a criminal proceeding, a conviction.
       (B) In a civil proceeding, a finding of liability that 
     results in the payment of a monetary fine, penalty, 
     reimbursement, restitution, or damages of $5,000 or more.
       (C) In an administrative proceeding, a finding of liability 
     that results in--
       (i) the payment of a monetary fine or penalty of $5,000 or 
     more; or
       (ii) the payment of a reimbursement, restitution, or 
     damages in excess of $100,000.
       (D) In a criminal, civil, or administrative proceeding, a 
     disposition of the matter by consent or compromise if the 
     proceeding could have led to any of the outcomes specified in 
     subparagraph (A), (B), or (C).
       (2) Each Federal contract and grant awarded to the person 
     that was terminated in such period due to default.
       (3) Each Federal suspension and debarment of the person in 
     that period.
       (4) Each Federal administrative agreement entered into by 
     the person and the Federal Government in that period to 
     resolve a suspension or debarment proceeding.
       (5) Each final finding by a Federal official in that period 
     that the person has been determined not to be a responsible 
     source under section 4(7) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403(7)).
       (6) Such other information as shall be provided for 
     purposes of this section in the Federal Acquisition 
     Regulation.
       (7) To the maximum extent practical, information similar to 
     the information covered by paragraphs (1) through (4) in 
     connection with the award or performance of a contract with a 
     State government.
       (d) Requirements Relating to Information in Database.--
       (1) Direct input and update.--The Administrator shall 
     design and maintain the database in a manner that allows the 
     appropriate Federal agency officials to directly input and 
     update in the information in the database relating to actions 
     such officials have taken with regard to contractors.
       (2) Timeliness and accuracy.--The Administrator shall 
     develop policies to require--
       (A) the timely and accurate input of information into the 
     database;
       (B) notification of any covered person when information 
     relevant to the person is entered into the database; and
       (C) an opportunity for any covered person to submit 
     comments pertaining to information about such person in the 
     database.
       (e) Use of Database.--
       (1) Availability to government officials.--The 
     Administrator shall ensure that the database is available to 
     appropriate acquisition officials of Federal agencies, to 
     such other government officials as the Administrator 
     determines appropriate, and to Congress.
       (2) Review and assessment of data.--
       (A) In general.--Before awarding a contract in excess of 
     $500,000, the Federal agency official responsible for 
     awarding the contract shall review the database and shall 
     consider information in the database with regard to any 
     offer, along with other past performance information 
     available with respect to that offeror, in making any 
     responsibility determination or past performance evaluation 
     for such offeror.
       (B) Documentation in contract file.--The contract file for 
     each contract of a Federal agency in excess of $500,000 shall 
     document the manner in which the material in the database was 
     considered in any responsibility determination or past 
     performance evaluation.
       (f) Disclosure in Applications.--Not later than one year 
     after the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be amended to require that 
     persons with Federal agency contracts valued in total greater 
     than $10,000,000 shall--
       (1) submit to the Administrator a report that includes the 
     information subject to inclusion in the database as listed in 
     paragraphs (1) through (7) of subsection (c) current as of 
     the date of submittal of such report under this subsection; 
     and
       (2) update such report on a semiannual basis.
       (g) Rulemaking.--The Administrator shall promulgate such 
     regulations as may be necessary to carry out this section.
                                 ______
                                 
  SA 5314. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 3. INDEPENDENT STUDENT.

       (a) Amendment.--Section 480(d)(3) of the Higher Education 
     Act of 1965 (20 U.S.C. 1087vv(d)(3)) is amended by inserting 
     ``or is a current active member of the National Guard or 
     Reserve forces of the United States who has completed initial 
     military training'' after ``purposes''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective July 1, 2008.
                                 ______
                                 
  SA 5315. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3001, to authorize

[[Page 18144]]

appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 556. GRADE AND SERVICE CREDIT OF COMMISSIONED OFFICERS 
                   IN CERTAIN UNIFORMED MEDICAL ACCESSION 
                   PROGRAMS.

       (a) Grade of Medical Students of USUHS.--Section 2114(b) of 
     title 10, United States Code, is amended--
       (1) in paragraph (1), by striking the second sentence and 
     inserting the following new sentence: ``Medical students so 
     commissioned shall be appointed as regular officers in the 
     grade of second lieutenant or ensign, or if they meet 
     promotion criteria prescribed by the Secretary concerned, in 
     the grade of first lieutenant or lieutenant (junior grade), 
     and shall serve on active duty with full pay and allowances 
     of an officer in the applicable grade.''; and
       (2) in paragraph (2), striking ``the grade of second 
     lieutenant or ensign'' in the first sentence and inserting 
     ``the member's grade under paragraph (1)''.
       (b) Service Credit for Participants in Health Professions 
     Scholarship and Financial Assistance Program.--Section 
     2126(a) of such title is amended by striking ``shall not be 
     counted--'' and all that follows and inserting ``shall not be 
     counted in determining eligibility for retirement other than 
     by reason of a physical disability incurred while on active 
     duty as a member of the program.''.
                                 ______
                                 
  SA 5316. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITED ACTIVITIES AT MILITARY RECRUITMENT 
                   CENTERS.

       (a) In General.--Section 248(a) of title 18, United States 
     Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) by redesignating paragraph (3) as paragraph (4);
       (3) by inserting after paragraph (2) the following:
       ``(3) by force or threat of force or by physical 
     obstruction, intentionally injures, intimidates, or 
     interferes with or attempts to injure, intimidate, or 
     interfere with any person because that person is or has been, 
     or in order to intimidate such person or any other person or 
     any class of persons from, obtaining or providing services of 
     a military recruitment center; or''; and
       (4) in paragraph (4) (as redesignated by paragraph (2))--
       (A) by striking ``or intentionally'' and inserting 
     ``intentionally''; and
       (B) by inserting before the comma at the end the following: 
     ``, or intentionally damages or destroys the property of a 
     military recruitment center''.
       (b) Civil Remedies.--Section 248(c)(1)(A) of title 18, 
     United States Code, is amended--
       (1) by striking ``and such'' and inserting ``such''; and
       (2) by inserting before the period the following: ``, and 
     such an action may be brought under subsection (a)(3) only by 
     a person involved in providing or seeking to provide, or 
     obtaining or seeking to obtain, services of a military 
     recruitment center''.
       (c) Rules of Construction.--Section 248(d)(2) of title 18, 
     United States Code, is amended by inserting ``or military 
     recruitment center'' after ``outside a facility''.
       (d) Definitions.--Section 248(e)(4) is amended--
       (1) by striking ``services or to or from a place of 
     religious worship'' and inserting ``services, a place of 
     religious worship, or a military recruitment center''; and
       (2) by striking ``facility or place of religious worship'' 
     and inserting ``facility, place of religious worship, or 
     military recruitment center''.
                                 ______
                                 
  SA 5317. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 81, before line 6, insert the following:

     SEC. 344. ALTERNATIVE AVIATION FUEL INITIATIVE.

       (a) Findings.--Congress makes the following findings:
       (1) Dependence on foreign sources of oil is detrimental to 
     the national security of the United States due to possible 
     disruptions in supply.
       (2) The Department of Defense is the largest single 
     consumer of fuel in the United States.
       (3) The United States Air Force is the largest consumer of 
     fuel in the Department of Defense.
       (4) The skyrocketing price of fuel is having a significant 
     budgetary impact on the Department of Defense.
       (5) The United States Air Force uses about 2,600,000,000 
     gallons of jet fuel a year, or 10 percent of the entire 
     domestic market in aviation fuel.
       (6) The fuel costs of the Air Force have tripled over the 
     past four years, costing nearly $6,000,000,000 in 2007, up 
     from $2,000,000,000 in 2003. During the same period, its 
     consumption of fuel decreased by 10 percent.
       (7) The Air Force is committed to environmentally friendly 
     energy solutions.
       (8) The Air Force has developed an energy program (in this 
     section referred to as the ``Air Force Energy Program'') to 
     certify the entire Air Force aircraft fleet for operations on 
     a 50/50 synthetic fuel blend by not later than June 30, 2011, 
     and to acquire 50 percent of its domestic aviation fuel 
     requirement from a domestically-sourced synthetic fuel blend, 
     at prices equal to or less than market prices for petroleum-
     based alternatives, that exhibits a more favorable 
     environmental footprint across all major contaminates of 
     concern, by not later than December 31, 2016.
       (9) The Air Force Energy Program will provide options to 
     reduce the use of foreign oil, by focusing on expanding 
     alternative energy options that provide favorable 
     environmental attributes as compared to currently-available 
     options.
       (b) Continuation of Initiatives.--
       (1) In general.--The Secretary of the Air Force shall 
     continue the alternative aviation fuel initiatives of the Air 
     Force in order to--
       (A) certify the entire Air Force aircraft fleet for 
     operations on a 50/50 synthetic fuel blend by not later than 
     June 30, 2011;
       (B) acquire 50 percent of its domestic aviation fuel 
     requirement from a domestically-sourced synthetic fuel blend 
     by not later than December 31, 2016, provided that--
       (i) the lifecycle greenhouse gas emissions associated with 
     the production and combustion of such fuel shall not be 
     greater than such emissions from conventional fuels that are 
     used in the same application; and
       (ii) synthetic fuel prices are equal to or less than market 
     prices for petroleum-based alternatives;
       (C) take actions in collaboration with the commercial 
     aviation industry and equipment manufacturers to spur the 
     development of a domestic alternative aviation fuel industry; 
     and
       (D) take actions in collaboration with other Federal 
     agencies, the commercial sector, and academia to solicit for 
     and test the next generation of environmentally-friendly 
     alternative aviation fuels.
       (2) Annual report.--Within 60 days after enactment and 
     annually thereafter, the Secretary of Defense, in 
     consultation with the Secretary of the Air Force, shall 
     submit to Congress a report on the progress of the 
     alternative aviation fuel initiative program, including--
       (A) the status of aircraft fleet certification, until 
     complete;
       (B) the quantities of domestically-sourced synthetic fuels 
     purchased for use by the Air Force in the fiscal year ending 
     in such year;
       (C) progress made against published goals for such fiscal 
     year;
       (D) the status of recovery plans to achieve any goals set 
     for previous years that were not achieved; and
       (E) the establishment of goals and objectives for the 
     current fiscal year.
       (c) Air Force as Host to Alternative Energy Projects.--
       (1) In general.--In order to generate revenue and provide 
     increased security for base energy sources, the Secretary of 
     the Air Force shall--
       (A) by not later than 180 days after the date of the 
     enactment of this Act, identify 10 installations or other 
     facilities of the Air Force that could be suitable sites to 
     host alternative energy projects that yield at least 10 
     megawatts of energy or commercial quantities of fuel or that 
     use break-through technologies;
       (B) establish a development program to solicit project 
     concepts for suitable sites;
       (C) solicit proposals for specific alternative energy 
     projects for each suitable site;
       (D) execute the design and operation of projects that are 
     privately funded, privately developed, and privately operated 
     on property leased by the Air Force to support such projects; 
     and
       (E) continue to seek and explore opportunities for 
     alternative energy projects in addition to those identified 
     in accordance with subparagraph (A).
       (2) Annual report.--Within 60 days after enactment, and 
     annually thereafter, the Secretary of Defense, in 
     consultation with the Secretary of the Air Force, shall 
     submit to Congress an annual report on the progress made in 
     hosting alternative energy projects on Air Force 
     installations, including--

[[Page 18145]]

       (A) projects solicited or closed in the previous year;
       (B) projects expected to be solicited in the next year; and
       (C) efforts to seek and explore further opportunities to 
     identify suitable sites to host alternative energy projects 
     as required by paragraph (1)(E).
                                 ______
                                 
  SA 5318. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 329, after line 14, add the following:

     SEC. 1110. FEDERAL EMPLOYEES PROGRAM FOR USE OF LEAVE BY 
                   CAREGIVERS FOR FAMILY MEMBERS OF INDIVIDUALS 
                   PERFORMING CERTAIN MILITARY SERVICE.

       (a) Short Title.--This section may be cited as the 
     ``Military Family Support Act''.
       (b) Federal Employees Program.--
       (1) Definitions.--In this subsection:
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 18 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver--
       (i) while the individual who designated the caregiver under 
     paragraph (3)(A) remains a qualified member of the Armed 
     Forces; or
       (ii) after being designated as the caregiver under 
     paragraph (3)(B) and while the applicable qualified member of 
     the Armed Forces remains a qualified member of the Armed 
     Forces.
       (C) Employee.--Except as provided under paragraph (5), the 
     term ``employee'' has the meaning given under section 6331 of 
     title 5, United States Code.
       (D) Family member.--The term ``family member'' includes--
       (i) individuals for whom the qualified member of the Armed 
     Forces provides medical, financial, and logistical support 
     (such as housing, food, clothing, or transportation); and
       (ii) children under the age of 19 years, elderly adults, 
     persons with disabilities, and other persons who are unable 
     to care for themselves in the absence of the qualified member 
     of the Armed Forces.
       (E) Qualified member of the armed forces.--The term 
     ``qualified member of the Armed Forces''--
       (i) means--

       (I) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received notice to report to, or is serving on, 
     active duty in the Armed Forces in support of a contingency 
     operation as defined under section 101(a)(13) of title 10, 
     United States Code; or
       (II) a member of the Armed Forces on active duty who is 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code; and

       (ii) includes a member described under clause (i) who is 
     medically discharged or retires from the Armed Forces, but 
     only for the 36 month period beginning on the date of that 
     medical discharge or retirement.
       (2) Establishment of program.--The Office of Personnel 
     Management shall establish a program that--
       (A) authorizes a caregiver to--
       (i) use any sick leave of that caregiver during a covered 
     period of service; and
       (ii) use any leave available to that caregiver under 
     subchapter III or IV of chapter 63 of title 5, United States 
     Code, during a covered period of service as though that 
     covered period of service is a medical emergency;
       (B) provides a process under which a caregiver provides the 
     employing agency reasonable notice of the need for leave 
     under this section, similar to the process under which notice 
     is provided to the employing agency under subchapter V of 
     chapter 63 of title 5, United States Code; and
       (C) protects employees from discrimination or retaliation 
     for the use of the leave under this section and provides 
     employees with the opportunity to appeal a denial of the use 
     of leave under this section.
       (3) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to the 
     employing agency and the Office of Personnel Management.
       (B) Incapacitated members.--If a qualified member of the 
     Armed Forces who did not submit a designation under 
     subparagraph (A) becomes incapacitated and is unable to 
     submit that designation, a designation under subparagraph (A) 
     may be submitted on behalf of that member by another 
     individual in accordance with regulations prescribed by the 
     Office of Personnel Management after consultation with the 
     Department of Defense.
       (4) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the designation of an employee as a 
     caregiver.
       (5) Prohibition of coercion.--
       (A) Definition.--In this section:
       (i) Employee.--The term ``employee'' has the meaning given 
     under section 2105 of title 5, United States Code.
       (ii) Intimidate, threaten, or coerce.--The term 
     ``intimidate, threaten, or coerce'' includes promising to 
     confer or conferring any benefit (such as appointment, 
     promotion, or compensation), or taking or threatening to take 
     any reprisal (such as deprivation of appointment, promotion, 
     or compensation).
       (B) Prohibition.--An employee shall not directly or 
     indirectly intimidate, threaten, or coerce, or attempt to 
     intimidate, threaten, or coerce, any other employee for the 
     purpose of interfering with the exercise of any rights which 
     such other employee may have under this section.
       (6) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out this subsection.
       (7) Termination.--The program under this subsection shall 
     terminate on December 31, 2012.
       (c) GAO Report.--Not later than June 30, 2010, the 
     Government Accountability Office shall submit a report to 
     Congress on the program under subsection (b) that includes--
       (1) an evaluation of the success of the program;
       (2) recommendations for the continuance or termination of 
     the program; and
       (3) a recommendation for the program or an expansion of the 
     Family Medical Leave Act of 1993.
       (d) Offset.--The aggregate amount authorized to be 
     appropriated for fiscal year 2008 for the use of the 
     Department of Defense for research, development, test and 
     evaluation shall be reduced by $2,000,000.
                                 ______
                                 
  SA 5319. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 1. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

       (a) In General.--There are authorized to be appropriated, 
     and there are appropriated, out of any money in the Treasury 
     not otherwise appropriated--
       (1) $1,265,000,000 (to remain available until expended) for 
     making payments under subsections (a) through (d) of section 
     2604 of the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623); and
       (2) $1,265,000,000 (to remain available until expended) for 
     making payments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     notwithstanding the designation requirement of section 
     2602(e) of such Act (42 U.S.C. 8621(e)).
       (b) Designation.--Any amount provided under subsection (a) 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to subsections (a) and (b) of 
     section 204 of S. Con. Res 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.
                                 ______
                                 
  SA 5320. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 76, between lines 11 and 12, insert the following:

     SEC. 332. REDUCTION OF ON ORDER SECONDARY INVENTORY BEYOND 
                   REQUIREMENTS.

       (a) Plan for Reduction of on Order Secondary Inventory.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a 
     comprehensive plan for improving the inventory systems of the 
     military departments and reducing the acquisition of 
     unnecessary secondary inventory.
       (2) Content.--The plan submitted under paragraph (1) shall 
     include--
       (A) a plan for reducing the level of on order secondary 
     inventory of each military department that is beyond 
     requirements to 50 percent of the level of such inventory as 
     of the date of the enactment of this Act;
       (B) plans to improve related audit systems to reduce the 
     gap between projected requirements and actual requirements; 
     and

[[Page 18146]]

       (C) such recommendations for legislative or administrative 
     action as the Secretary considers appropriate, including 
     actions relating to information technology, the hiring and 
     training of personnel, and the oversight of contracts to 
     acquire secondary inventory, to improve the inventory systems 
     of the military departments.
       (b) Quarterly Report.--Not later than 180 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the status of 
     the secondary inventory of each military department, 
     including a description of the level of inventory beyond 
     requirements, the levels of war time reserve, economic 
     retention, and other categories of inventory, and the 
     quantities and values of inventory on hand and on order that 
     are not necessary to meet requirements, including the 
     quantities and values of orders that are marked for disposal.
       (c) Certification Requirement.--
       (1) In general.--The Secretary of Defense shall certify to 
     the congressional defense committees that, except as provided 
     under paragraph (2), the level of on order secondary 
     inventory of each military department that is beyond 
     requirements has been reduced to the level that is 50 percent 
     of the level of such inventory as of the date of the 
     enactment of this Act.
       (2) Exception for inventory on order under certain 
     contracts.--The Secretary of Defense may exempt from the 
     reduction requirement under paragraph (1) inventory that is 
     on order under contracts that cannot be cancelled or modified 
     without a net economic loss to the Department of Defense
       (3) GAO review.--The Comptroller General of the United 
     States shall review the certification under paragraph (1).
       (d) Limitation on Availability of Certain Funds Pending 
     Secondary Inventory Reduction.--Of the total amount 
     authorized to be appropriated by this Act for secondary 
     inventory for the Department of Defense, the amount available 
     for obligation and expenditure shall be reduced by 
     $100,000,000 until the Secretary of Defense makes the 
     certification required under subsection (c)(1).
       (e) Military Departments Defined.--In this section, the 
     term ``military departments'' means the Department of the 
     Army, the Department of the Navy, the Department of the Air 
     Force, and the Defense Logistics Agency.
                                 ______
                                 
  SA 5321. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 834. ETHICS ENHANCEMENTS FOR DEPARTMENT OF DEFENSE 
                   CONTRACTORS.

       (a) Inapplicability of Separate Statutory Agency or Bureau 
     Designations to Senior Military Personnel.--Section 207(h)(2) 
     of title 18, United States Code, is amended by striking ``or 
     (iii)'' and inserting ``, (iii), or (iv)''.
       (b) Assurance of Contractor Compliance With Post-Employment 
     Ethics Restrictions.--
       (1) In general.--Section 847 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 243; 10 U.S.C. 1701 note) is amended--
       (A) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively; and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Contractor Assurance of Compliance With Post-
     Employment Restrictions.--
       ``(1) Assurance at time of bid, offer, or proposal for 
     contract.--Each person or entity making a bid, offer, or 
     proposal for a contract with the Department of Defense, or an 
     interagency contractual agreement using Department of Defense 
     funds, to which post-employment restrictions apply shall 
     certify to the Department of Defense at the time of the bid, 
     offer, or proposal for such contract that each former 
     official of the Department of Defense described in subsection 
     (d) who is receiving compensation from such person or entity 
     and is covered by such restrictions with respect to such 
     contract is fully in compliance with such restrictions with 
     respect to such contract.
       ``(2) Assurance at award of contract.--Each person or 
     entity awarded a contract with the Department of Defense, or 
     an interagency contractual agreement using Department of 
     Defense funds, to which post-employment restrictions apply 
     shall certify to the Department of Defense at the time of the 
     award of such contract the following:
       ``(A) That each former official of the Department of 
     Defense described in subsection (d) who is receiving 
     compensation from such person or entity and is covered by 
     such restrictions with respect to such contract is fully in 
     compliance with such restrictions with respect to such 
     contract.
       ``(B) The name of each former official of the Department of 
     Defense described by subparagraph (A) with respect to such 
     contract.''.
       (2) Recordkeeping.--Subsection (c) of such section, as 
     redesignated by paragraph (1)(A) of this subsection, is 
     amended--
       (A) by redesignating paragraph (2) as paragraph (5); and
       (B) by striking paragraph (1) and inserting the following 
     new paragraphs:
       ``(1) Database.--The Department of Defense shall maintain 
     in a central database or repository the following:
       ``(A) Each request for a written opinion made pursuant to 
     subsection (a), and each written opinion provided pursuant to 
     such a request.
       ``(B) Each certification submitted pursuant to subsection 
     (b)(1).
       ``(C) Each certification submitted pursuant to subsection 
     (b)(2).
       ``(2) Deadline for incorporation into database.--Any 
     certification received by the Department as described in 
     subparagraph (B) or (C) of paragraph (1) and any written 
     opinion issued by the Department as described in subparagraph 
     (A) of such paragraph shall be incorporated into the central 
     database or repository required by that paragraph not later 
     than seven days after receipt, or issuance, by the 
     Department.
       ``(3) Period of retention.--The Department shall maintain 
     information in the database or repository as follows:
       ``(A) In the case of a written opinion provided as 
     described in paragraph (1)(A), for not less than five years 
     after the date of the provision of such opinion.
       ``(B) In the case of a certification submitted as described 
     in paragraph (1)(B), for not less than five years after the 
     date of the submittal of such certification.
       ``(C) In the case of a certification submitted as described 
     in paragraph (1)(C), for not less than five years after the 
     date of the submittal of such certification.
       ``(4) Public access to information.--The Secretary of 
     Defense shall make information in the database or repository 
     available to the public in such form and manner, and subject 
     to such restrictions or limitations, as the Secretary shall 
     provide.''.
       (3) Conforming amendments.--Such section is further amended 
     by striking ``subsection (c)'' each place it appears and 
     inserting ``subsection (d)''.
                                 ______
                                 
  SA 5322. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. DISPOSITION OF QUALIFIED OIL SHALE RESERVE 
                   RECEIPTS.

       Section 7439 of title 10, United States Code, is amended--
       (1) in subsection (f)--
       (A) in paragraph (1)--
       (i) by striking ``(1) Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Notwithstanding''; and
       (ii) by striking ``specified in paragraph (2)'' and 
     inserting ``beginning on November 18, 1997, and ending on the 
     date of enactment of the National Defense Authorization Act 
     for Fiscal Year 2009''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Mineral leasing act.--Beginning on the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2009, any amounts received by the United States 
     from a lease under this section (including amounts in the 
     form of sales, bonuses, royalties (including interest charges 
     collected under the Federal Oil and Gas Royalty Management 
     Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals) shall be 
     deposited in the Treasury of the United States, for use in 
     accordance with section 35 of the Mineral Leasing Act (30 
     U.S.C. 191).''; and
       (2) by striking subsection (g) and inserting the following:
       ``(g) Use of Revenues.--
       ``(1) In general.--Of the amounts deposited in the Treasury 
     under subsection (f)(1)--
       ``(A) 50 percent shall be transferred by the Secretary of 
     the Treasury to the Secretary of the Interior, for use in 
     accordance with paragraph (2); and
       ``(B) 50 percent shall be distributed by the Secretary of 
     the Treasury to Garfield, Rio Blanco, Moffat, and Mesa 
     Counties in the State of Colorado, in accordance with 
     paragraph (3).
       ``(2) Use of federal funds.--
       ``(A) In general.--Amounts transferred under paragraph 
     (1)(A) shall be used by the Secretary of the Interior for the 
     costs of all environmental restoration, waste management, and 
     environmental compliance activities incurred by the United 
     States with respect to the remediation of the land 
     transferred under subsection (a), including the former Anvil 
     Points oil shale facility in the State of Colorado.

[[Page 18147]]

       ``(B) Deposit in treasury.--On completion of the 
     remediation of the former Anvil Points oil shale facility, 
     the Secretary of the Interior shall return any remaining 
     amounts transferred under paragraph (1)(A) to the Treasury of 
     the United States, for use in accordance with section 35 of 
     the Mineral Leasing Act (30 U.S.C. 191).
       ``(3) Use of county funds.--
       ``(A) In general.--Of the amounts to be distributed under 
     paragraph (1)(B), the Secretary of the Treasury shall 
     transfer--
       ``(i) 40 percent to Garfield County, Colorado;
       ``(ii) 40 percent to Rio Blanco County, Colorado;
       ``(iii) 10 percent to Moffat County, Colorado; and
       ``(iv) 10 percent to Mesa County, Colorado.
       ``(B) Authorized uses.--The amounts provided to the 
     counties under subparagraph (A) shall be used by the 
     counties, or any cities or political subdivisions within the 
     counties to which the funds are transferred by the counties, 
     to mitigate the effects of oil and gas development activities 
     within the affected counties, cities, or political 
     subdivisions.
       ``(C) Limitation.--Amounts provided to the counties under 
     subparagraph (A) shall not be considered for purpose of 
     calculating payments for the counties under chapter 69 of 
     title 31, United States Code.''.
                                 ______
                                 
  SA 5323. Mr. LEVIN (for Mr. Leahy (for himself and Mr. Byrd)) 
proposed an amendment to the bill S. 3001, to authorize appropriations 
for fiscal year 2009 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; as follows:

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

     SEC. 1083. SUSPENSION OF STATUTES OF LIMITATIONS WHEN 
                   CONGRESS AUTHORIZES THE USE OF MILITARY FORCE.

       Section 3287 of title 18, United States Code, is amended--
       (1) by inserting ``or Congress has enacted a specific 
     authorization for the use of the Armed Forces, as described 
     in section 5(b) of the War Powers Resolution (50 U.S.C. 
     1544(b)),'' after ``is at war'';
       (2) by inserting ``or directly connected with or related to 
     the authorized use of the Armed Forces'' after ``prosecution 
     of the war'';
       (3) by striking ``three years'' and inserting ``5 years'';
       (4) by striking ``proclaimed by the President'' and 
     inserting ``proclaimed by a Presidential proclamation, with 
     notice to Congress,''; and
       (5) by adding at the end the following: ``For purposes of 
     applying such definitions in this section, the term `war' 
     includes a specific authorization for the use of the Armed 
     Forces, as described in section 5(b) of the War Powers 
     Resolution (50 U.S.C. 1544(b)).''.
                                 ______
                                 
  SA 5324. Mr. VITTER (for himself, Mr. DeMint, Mrs. Dole, Mr. Crapo, 
Mr. Cornyn, Mr. Coburn, Mr. Burr, and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1083. SENSE OF THE SENATE ON THE DECISION OF THE SUPREME 
                   COURT ON THE DEATH PENALTY FOR CHILD RAPISTS.

       (a) Findings.--The Senate makes the following findings:
       (1) 1 out of 3 sexual assault victims is under 12 years of 
     age.
       (2) Raping a child is a particularly depraved, perverted, 
     and heinous act.
       (3) Child rape is among the most morally reprehensible 
     crimes.
       (4) Child rape is a gross defilement of innocence that 
     should be severely punished.
       (5) A raped child suffers immeasurable physical, 
     psychological, and emotional harm from which the child may 
     never recover.
       (6) The Federal Government and State governments have a 
     right and a duty to combat, prevent, and punish child rape.
       (7) The popularly elected representatives of Louisiana 
     modified the rape laws of the State in 1995, making the 
     aggravated rape of a child 11 years of age or younger 
     punishable by death, life imprisonment without parole, 
     probation, or suspension of sentence, as determined by a 
     jury.
       (8) On March 2, 1998, Patrick Kennedy, a resident of 
     Louisiana, brutally raped his 8-year-old stepdaughter.
       (9) The injuries inflicted on the child victim by her 
     stepfather were described by an expert in pediatric forensic 
     medicine as ``the most severe he had seen from a sexual 
     assault''.
       (10) The cataclysmic injuries to her 8-year-old body 
     required emergency surgery.
       (11) A jury of 12 Louisiana citizens convicted Patrick 
     Kennedy of this depraved crime, and unanimously sentenced him 
     to death.
       (12) The Supreme Court of Louisiana upheld this sentence, 
     holding that the death penalty was not an excessive 
     punishment for Kennedy's crime.
       (13) The Supreme Court of Louisiana relied on precedent 
     interpreting the eighth amendment to the Constitution of the 
     United States.
       (14) On June 25, 2008, the Supreme Court of the United 
     States held in Kennedy v. Louisiana, No. 07-343 (2008), that 
     executing Patrick Kennedy for the rape of his stepdaughter 
     would be ``cruel and unusual punishment''.
       (15) The Supreme Court, in the 5-4 decision, overturned the 
     judgment of Louisiana's elected officials, the citizens who 
     sat on the jury, and the Louisiana Supreme Court.
       (16) This decision marked the first time that the Supreme 
     Court held that the death penalty for child rape was 
     unconstitutional.
       (17) As Justice Alito observed in his dissent, the opinion 
     of the majority is so broad that it precludes the Federal 
     Government and State governments from authorizing the death 
     penalty for child rape ``no matter how young the child, no 
     matter how many times the child is raped, no matter how many 
     children the perpetrator rapes, no matter how sadistic the 
     crime, no matter how much physical or psychological trauma is 
     inflicted, and no matter how heinous the perpetrator's prior 
     criminal record may be''.
       (18) In the United States, the people, not the Government, 
     are sovereign.
       (19) The Constitution of the United States is supreme and 
     deserving of the people's allegiance.
       (20) The framers of the eighth amendment did not intend to 
     prohibit the death penalty for child rape.
       (21) The imposition of the death penalty for child rape has 
     never been within the plain and ordinary meaning of ``cruel 
     and unusual punishment'', neither now nor at the time of the 
     adoption of the eighth amendment.
       (22) Instead of construing the eighth amendment's 
     prohibition of ``cruel and unusual punishment'' according to 
     its original meaning or its plain and ordinary meaning, the 
     Court followed a 2-step approach of first attempting to 
     discern a national consensus regarding the appropriateness of 
     the death penalty for child rape and then applying the 
     Justices' own independent judgment in light of their 
     interpretation of a national consensus and evolving standards 
     of decency.
       (23) To the extent that a national consensus is relevant to 
     the meaning of the eighth amendment, there is national 
     consensus in favor of the death penalty for child rape, as 
     evidenced by the adoption of that penalty by the elected 
     branches of the Federal Government only 2 years ago, and by 
     the swift denunciations of the Kennedy v. Louisiana decision 
     by the presumptive nominees for President of both major 
     political parties.
       (24) The evolving standards of decency standard is an 
     arbitrary construct without foundation in the Constitution of 
     the United States and should have no bearing on Justices who 
     are bound to interpret the laws of the United States.
       (25) The standards of decency in the United States have 
     evolved toward approval of the death penalty for child rape, 
     as evidenced by 6 States and the Federal Government adopting 
     that penalty in the past 13 years.
       (26) The Supreme Court rendered its opinion without 
     knowledge of a Federal law authorizing the death penalty for 
     child rapists.
       (27) The Federal law authorizing the death penalty for 
     child rapists was passed by Congress and signed by the 
     President 2 years before the Supreme Court released the 
     decision.
       (28) The Court presumably would have deferred to the 
     elected branches of government in determining a national 
     consensus regarding evolving standards of decency had it been 
     aware of the Federal law authorizing the death penalty for 
     child rapists at the time that it made the decision.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the depraved conduct of the worst child rapists merits 
     the death penalty;
       (2) standards of decency allow, and sometimes compel, the 
     death penalty for child rape;
       (3) the eighth amendment to the Constitution of the United 
     States allows the death penalty for the rape of a child in 
     cases in which the crime did not result, and was not intended 
     to result, in death of the victim;
       (4) the Louisiana statute making child rape punishable by 
     death is constitutional;
       (5) the Supreme Court of the United States should grant any 
     petition for rehearing of Kennedy v. Louisiana, No. 07-343 
     (2008), because the case was decided under a mistaken view of 
     Federal law;
       (6) the portions of the Kennedy v. Louisiana decision 
     regarding the national consensus or evolving standards of 
     decency with respect to the imposition of the death penalty 
     for child rape should not be viewed by Federal or State 
     courts as binding precedent, because

[[Page 18148]]

     the Supreme Court was operating under a mistaken view of 
     Federal law; and
       (7) the Supreme Court should reverse its decision in 
     Kennedy v. Louisiana, on rehearing or in a future case, 
     because the decision was supported by neither commonly held 
     beliefs about ``cruel and unusual punishment'', nor by the 
     text, structure, or history of the Constitution of the United 
     States.
                                 ______
                                 
  SA 5325. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. TREATMENT OF STILLBORN CHILDREN AS INSURABLE 
                   DEPENDENTS UNDER SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE.

       (a) Treatment.--Section 1965 of title 38, United States 
     Code, is amended--
       (1) in paragraph (10), by adding at the end the following 
     new subparagraph:
       ``(C) The member's stillborn natural child.''; and
       (2) by adding at the end the following new paragraph:
       ``(11) The term `stillborn natural child' means a natural 
     child--
       ``(A) whose death occurs before expulsion, extraction, or 
     delivery; and
       ``(B) whose--
       ``(i) fetal weight is greater than 500 grams;
       ``(ii) in the event fetal weight is unknown, duration in 
     utero exceeds 22 completed weeks of gestation; or
       ``(iii) in the event neither fetal weight nor duration in 
     utero is known, body length (crown-to-heel) is 25 centimeters 
     or more.''.
       (b) Conforming Amendment.--Section 101(4)(A) of such title 
     is amended by striking ``section 1965(10)(B)'' in the matter 
     preceding clause (i) and inserting ``subparagraph (B) or (C) 
     of section 1965(10)''.
                                 ______
                                 
  SA 5326. Mr. SMITH (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 602. ENHANCEMENTS OF SEPARATION ALLOWANCE FOR MEMBERS OF 
                   THE UNIFORMED SERVICES.

       (a) Special Displacement Allowance for Members Without 
     Dependents.--
       (1) In general.--Chapter 7 of title 37, United States Code, 
     is amended by inserting after section 427 the following new 
     section:

     ``Sec. 427a. Special displacement allowance

       ``(a) Entitlement to Allowance.--In addition to any 
     allowance or per diem to which such a member may be entitled 
     under this title, a member of the uniformed services without 
     dependents is entitled to a monthly allowance under this 
     section if--
       ``(1) the member is on duty on board a ship away from the 
     home port of the ship for a continuous period of more than 30 
     days; or
       ``(2) the member is on temporary duty away from the 
     member's permanent station for a continuous period of more 
     than 30 days.
       ``(b) Effective Date of Allowance.--The commencement of 
     entitlement of a member to an allowance under this section 
     shall be determined in accordance with the provisions of 
     section 427(a)(2) of this title.
       ``(c) Amount.--The amount of the monthly allowance to which 
     a member is entitled under this section is the amount equal 
     to one half the amount of the monthly allowance to which 
     members are entitled under section 427(a) of this title for 
     the month concerned.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by inserting 
     after the item relating to section 427 the following new 
     item:

``427a. Special displacement allowance.''.
       (b) Annual Increase in Monthly Amount of Family Separation 
     Allowance.--Section 427 of such title is amended--
       (1) in subsection (a)(1), by striking ``$250'' in the 
     matter preceding subparagraph (A) and inserting ``$250 (as 
     increased from time to time under subsection (e))''; and
       (2) by adding at the end the following new subsection:
       ``(e) Annual Increase in Amount.--With respect to any 
     fiscal year, the Secretary of Defense shall provide a 
     percentage increase in the monthly amount of the allowance 
     payable under subsection (a) equal to the percentage of such 
     amount by which--
       ``(1) the Consumer Price Index (all items, United States 
     City average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on September 30, 2008, and shall apply with 
     respect to months, and, in the case of the increase required 
     by subsection (e) of section 427 of title 37, United States 
     Code (as added by subsection (b)(2) of this section), fiscal 
     years, beginning after that date.
                                 ______
                                 
  SA 5327. Mr. CHAMBLISS (for himself, Mr. Kerry, Mr. Alexander, Mrs. 
Clinton, Mrs. Lincoln, Mr. Johnson, Mr. Pryor, Mr. Sessions, Mr. 
Kennedy, Mr. Roberts, Mr. Nelson of Florida, Mr. Thune, Mr. Inhofe, Mr. 
Smith, Mr. Isakson, and Mr. Whitehouse) submitted an amendment intended 
to be proposed by him to the bill S. 3001, to authorize appropriations 
for fiscal year 2009 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 642. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 2001, IN 
                   DETERMINATION OF REDUCED ELIGIBILITY AGE FOR 
                   RECEIPT OF NON-REGULAR SERVICE RETIRED PAY.

       Section 12731(f)(2)(A) of title 10, United States Code, is 
     amended--
       (1) by striking ``the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2008'' and 
     inserting ``September 11, 2001''; and
       (2) by striking ``in any fiscal year after such date'' and 
     inserting ``in any fiscal year after fiscal year 2001''.
                                 ______
                                 
  SA 5328. Mr. HATCH (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 455, after line 19, add the following:

     SEC. 2822. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND, 
                   CAMP WILLIAMS, UTAH.

       (a) Conveyance Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of the 
     Interior, acting through the Bureau of Land Management, shall 
     convey, without consideration, to the State of Utah all 
     right, title, and interest of the United States in and to 
     certain lands comprising approximately 431 acres, as 
     generally depicted on a map entitled ``Proposed Camp Williams 
     Land Transfer'' and dated March 7, 2008, which are located 
     within the boundaries of the public lands currently withdrawn 
     for military use by the Utah National Guard and known as Camp 
     Williams, Utah, for the purpose of permitting the Utah 
     National Guard to use the conveyed land as provided in 
     subsection (c).
       (b) Revocation of Executive Order.--Executive Order No. 
     1922 of April 24, 1914, as amended by section 907 of the Camp 
     W.G. Williams Land Exchange Act of 1989 (title IX of Public 
     Law 101-628; 104 Stat. 4501), shall be revoked, only insofar 
     as it affects the lands identified for conveyance to the 
     State of Utah under subsection (a).
       (c) Reversionary Interest.--The lands conveyed to the State 
     of Utah under subsection (a) shall revert to the United 
     States if the Secretary of the Interior determines that the 
     land, or any portion thereof, is sold or attempted to be 
     sold, or that the land, or any portion thereof, is used for 
     non-National Guard or non-national defense purposes. Any 
     determination by the Secretary of the Interior under this 
     subsection shall be made in consultation with the Secretary 
     of Defense and the Governor of Utah and on the record after 
     an opportunity for comment.
       (d) Hazardous Materials.--With respect to any portion of 
     the land conveyed under subsection (a) that the Secretary of 
     the Interior determines is subject to reversion under 
     subsection (c), if the Secretary of the Interior also 
     determines that the portion of the conveyed land contains 
     hazardous materials, the State of Utah shall pay the United 
     States an amount equal to the fair market value of that 
     portion of the land, and the reversionary interest shall not 
     apply to that portion of the land.

     SEC. 2823. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, 
                   UTAH.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the State of Utah on behalf 
     of the Utah National Guard (in this section referred to as 
     the ``State'') all right, title, and interest of the United 
     States in and to

[[Page 18149]]

     two parcels of real property, including any improvements 
     thereon, that are located within the boundaries of Camp 
     Williams, Utah, consist of approximately 608 acres and 308 
     acres, respectively, and are identified in the Utah National 
     Guard master plan as being necessary acquisitions for future 
     missions of the Utah National Guard.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection 
     (a), or any portion thereof, has been sold or is being used 
     solely for non-defense, commercial purposes, all right, 
     title, and interest in and to the property shall revert, at 
     the option of the Secretary, to the United States, and the 
     United States shall have the right of immediate entry onto 
     the property. It is not a violation of the reversionary 
     interest for the State to lease the property, or any portion 
     thereof, to private, commercial, or governmental interests if 
     the lease facilitates the construction and operation of 
     buildings, facilities, roads, or other infrastructure that 
     directly supports the defense missions of the Utah National 
     Guard. Any determination of the Secretary under this 
     subsection shall be made on the record after an opportunity 
     for a hearing.
       (c) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     State to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the State in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the State.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (d) Description of Real Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 5329. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
                   ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED 
                   SERVICES VOTERS.

       (a) In General.--The Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by 
     inserting after section 103 the following new section:

     ``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
                   ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED 
                   SERVICES VOTERS.

       ``(a) Collection.--The Presidential designee shall 
     establish procedures for collecting marked absentee ballots 
     of absent overseas uniformed services voters in regularly 
     scheduled general elections for Federal office, including 
     absentee ballots prepared by States and Federal write-in 
     absentee ballots prescribed under section 103, and for 
     delivering the ballots to the appropriate election officials.
       ``(b) Ensuring Delivery Prior to Closing of Polls.--
       ``(1) In general.--Under the procedures established under 
     this section, the Presidential designee shall ensure that any 
     marked absentee ballot for a regularly scheduled general 
     election for Federal office which is collected prior to the 
     deadline described in paragraph (3) is delivered to the 
     appropriate election official in a State prior to the time 
     established by the State for the closing of the polls on the 
     date of the election.
       ``(2) Contract with express mail providers.--
       ``(A) In general.--The Presidential designee shall carry 
     out this section by contract with one or more providers of 
     express mail services.
       ``(B) Special rule for voters in jurisdictions using post 
     office boxes for collection of marked absentee ballots.--In 
     the case of an absent uniformed services voter who wishes to 
     use the procedures established under this section and whose 
     marked absentee ballot is required by the appropriate 
     election official to be delivered to a post office box, the 
     Presidential designee shall enter into an agreement with the 
     United States Postal Service for the delivery of the ballot 
     to the election official under the procedures established 
     under this section.
       ``(3) Deadline described.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the deadline described in this paragraph is noon (in the 
     location in which the ballot is collected) on the last Friday 
     that precedes the date of the election.
       ``(B) Authority to establish alternative deadline for 
     certain locations.--If the Presidential designee determines 
     that the deadline described in subparagraph (A) is not 
     sufficient to ensure timely delivery of the ballot under 
     paragraph (1) with respect to a particular location because 
     of remoteness or other factors, the Presidential designee may 
     establish as an alternative deadline for that location the 
     latest date occurring prior to the deadline described in 
     subparagraph (A) which is sufficient to ensure timely 
     delivery of the ballot under paragraph (1).
       ``(4) Prohibition on refusal by states to accept marked 
     absentee ballots not delivered by postal service or in 
     person.--A State may not refuse to accept or process any 
     marked absentee ballot delivered under the procedures 
     established under this section on the grounds that the ballot 
     is received by the State other than through delivery by the 
     United States Postal Service.
       ``(c) Tracking Mechanism.--Under the procedures established 
     under this section, the entity responsible for delivering 
     marked absentee ballots to the appropriate election officials 
     shall implement procedures to enable any individual whose 
     ballot for a regularly scheduled general election for Federal 
     office is collected by the Presidential designee to determine 
     whether the ballot has been delivered to the appropriate 
     election official, using the Internet, an automated telephone 
     system, or such other methods as the entity may provide.
       ``(d) Absent Overseas Uniformed Services Voter Defined.--In 
     this section, the term `absent overseas uniformed services 
     voter' means an overseas voter described in section 
     107(5)(A).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Presidential designee 
     such sums as may be necessary to carry out this section.
       ``(f) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2008 and each succeeding 
     election for Federal office.''.
       (b) Conforming Amendments.--
       (1) Federal responsibilities.--Section 101(b) of such Act 
     (42 U.S.C. 1973ff(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (6);
       (B) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(8) carry out section 103A with respect to the collection 
     and delivery of marked absentee ballots of absent overseas 
     uniformed services voters in elections for Federal office.''.
       (2) State responsibilities.--Section 102(a) of such Act (42 
     U.S.C. 1973ff--1(a)) is amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(6) carry out section 103A(b)(2) with respect to the 
     processing and acceptance of marked absentee ballots of 
     absent overseas uniformed services voters.''.
       (c) Outreach for Absent Overseas Uniformed Services Voters 
     on Procedures.--The Presidential designee shall take 
     appropriate actions to inform individuals who are anticipated 
     to be absent overseas uniformed services voters in the 
     regularly scheduled general election for Federal office held 
     in November 2008 of the procedures for the collection and 
     delivery of marked absentee ballots established pursuant to 
     section 103A of the Uniformed and Overseas Citizens Absentee 
     Voting Act, as added by subsection (a), including the manner 
     in which such voters may utilize such procedures for the 
     submittal of marked absentee ballots in regularly scheduled 
     elections for Federal office.
       (d) Reports on Utilization of Procedures.--
       (1) Reports required.--Not later than 180 days after each 
     regularly scheduled general election for Federal office held 
     after January 1, 2008, the Presidential designee shall submit 
     to the congressional defense committees a report on the 
     utilization of the procedures for the collection and delivery 
     of marked absentee ballots established pursuant to section 
     103A of the Uniformed and Overseas Citizens Absentee Voting 
     Act, as so added, during such general election.
       (2) Elements.--Each report under paragraph (1) shall 
     include, for the general election covered by such report, a 
     description of the utilization of the procedures described in

[[Page 18150]]

     that paragraph during such general election, including the 
     number of marked absentee ballots collected and delivered 
     under such procedures.
       (e) Definitions.--In this section:
       (1) The term ``absent overseas uniformed services voter'' 
     has the meaning given that term in section 103A(d) of the 
     Uniformed and Overseas Citizens Absentee Voting Act, as added 
     by subsection (a).
       (2) The term ``Presidential designee'' means the official 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).
                                 ______
                                 
  SA 5330. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 587. OPPORTUNITY FOR VOTER REGISTRATION OR UPDATE BY 
                   MEMBERS OF THE ARMED FORCES DURING PERMANENT 
                   CHANGE OF DUTY STATION.

       (a) In General.--Each Secretary of a military department 
     shall take appropriate actions to ensure that each member of 
     the Armed Forces under the jurisdiction of such Secretary who 
     is undergoing a permanent change of duty station is provided 
     the opportunity, as part of processing upon arrival at the 
     member's new duty station, to register to vote in elections 
     for public office or update the member's existing voter 
     registration.
       (b) Assistance.--In providing a member an opportunity to 
     register or update an existing registration under subsection 
     (a), the Secretary of a military department shall provide the 
     member with the necessary assistance, including the provision 
     of appropriate forms.
                                 ______
                                 
  SA 5331. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 556. PROHIBITION ON AVAILABILITY OF FEDERAL FUNDS TO 
                   LOCAL EDUCATIONAL AGENCIES THAT PREVENT ACCESS 
                   TO JROTC ON CAMPUSES OF SECONDARY SCHOOLS.

       (a) Prohibition.--
       (1) In general.--Chapter 49 of title 10, United States 
     Code, is amended by inserting after section 983 the following 
     new section:

     ``Sec. 983a. Local educational agencies that prevent JROTC 
       access on secondary school campuses

       ``(a) Denial of Funds for Preventing JROTC Access to 
     Campus.--No funds described in subsection (c) may be provided 
     by contract, grant, or cooperative agreement to a local 
     educational agency (or any subelement of that agency) if the 
     Secretary of Defense determines that that agency (or any 
     subelement of that agency) has a policy or practice 
     (regardless of whether implemented) that either prohibits, or 
     in effect prevents--
       ``(1) the Secretary of a military department from 
     maintaining, establishing or operating a unit of the Junior 
     Reserve Officers' Training Corps (in accordance with chapter 
     102 of this title and other applicable Federal law) at any 
     secondary school served by that agency; or
       ``(2) a student at any secondary school served by that 
     agency from enrolling in a unit of the Junior Reserve 
     Officers' Training Corps at another secondary school.
       ``(b) Exception.--The limitation in subsection (a) shall 
     not apply to any local educational agency (or any subelement 
     of that agency) if the Secretary of Defense determines that 
     the agency (and each secondary school served by that agency) 
     has ceased the policy or practice described in that 
     subsection (a).
       ``(c) Covered Funds.--The limitation in subsection (a) 
     shall apply to the following:
       ``(1) Any funds made available to the Department of 
     Defense.
       ``(2) Any funds made available for any department or agency 
     for which regular appropriations are made in a Departments of 
     Labor, Health and Human Services, and Education, and Related 
     Agencies Appropriations Act.
       ``(3) Any funds made available to the Department of 
     Homeland Security.
       ``(4) Any funds made available for the National Nuclear 
     Security Administration of the Department of Energy.
       ``(5) Any funds made available for the Department of 
     Transportation.
       ``(d) Notice of Determinations.--Whenever the Secretary of 
     Defense makes a determination under subsection (a) or (b), 
     the Secretary--
       ``(1) shall transmit a notice of the determination to the 
     Secretary of Education, to the head of each other department 
     or agency the funds of which are subject to the 
     determination, and to Congress; and
       ``(2) shall publish in the Federal Register a notice of the 
     determination and the effect of the determination on the 
     eligibility of the local educational agency (and any 
     subelement of that agency) for contracts and grants.
       ``(e) Semiannual Notice in Federal Register.--The Secretary 
     of Defense shall publish in the Federal Register once every 
     six months a list of each local educational agency that is 
     currently ineligible for contracts and grants by reason of a 
     determination of the Secretary under subsection (a).
       ``(f) Definitions.--In this section:
       ``(1) The term `local educational agency' has the meaning 
     given that term in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(2) The term `secondary school' has the meaning that term 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 49 of such title is amended by inserting 
     after the item relating to section 983 the following new 
     item:

``983a. Local educational agencies that prevent JROTC access on 
              secondary school campuses.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008, and shall apply with 
     respect to funds available for fiscal years beginning on or 
     after that date.
                                 ______
                                 
  SA 5332. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 133. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS 
                   OF THE NAVY.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of the Navy shall submit to the 
     congressional defense committees a report on future jet 
     carrier trainer requirements. The report shall include a plan 
     to address future jet carrier trainer requirements, which 
     plan shall be based on the following:
       (1) Studies conducted by independent organizations 
     concerning future jet carrier trainer requirements.
       (2) The results of a cost-benefit analysis comparing the 
     creation of a new jet carrier trainer program with the 
     modification of the current jet carrier trainer program in 
     order to fulfill future jet carrier trainer requirements.
                                 ______
                                 
  SA 5333. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. MEDICAL CARE FOR VETERANS IN FAR SOUTH TEXAS.

       (a) Determination and Notice.--
       (1) Determination.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall determine, and notify Congress pursuant to 
     paragraph (2), whether the needs of veterans in Far South 
     Texas for acute inpatient hospital care should be met--
       (A) through a project for a public-private venture to 
     provide inpatient services and long-term care to veterans in 
     an existing facility in Far South Texas;
       (B) through a project for construction of a new full-
     service, 50-bed hospital with a 125-bed nursing home in Far 
     South Texas; or
       (C) through a sharing agreement with a military treatment 
     facility in Far South Texas.
       (2) Notification and prospectus.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report--
       (A) identifying which of the three options specified in 
     paragraph (1) has been selected by the Secretary; and
       (B) providing, for the option selected, a prospectus that 
     includes, at a minimum, the matter specified in paragraphs 
     (1) through (8) of section 8104(b) of title 38, United States 
     Code, and the project timelines.
       (b) Public-Private Venture for Medical Care for Veterans in 
     Far South Texas.--

[[Page 18151]]

       (1) Project.--If the option selected by the Secretary of 
     Veterans Affairs under subsection (a)(1) is the option 
     specified in subparagraph (A) of such subsection for a 
     project of a public-private venture to provide inpatient and 
     long-term care to veterans at an existing facility in Far 
     South Texas, then the Secretary shall, subject to the 
     availability of appropriations for such purpose, take such 
     steps as necessary to enter into an agreement with an 
     appropriate private-sector entity to provide for inpatient 
     and long-term care services for veterans at an existing 
     facility in one of the counties of Far South Texas. Such an 
     agreement may include provision for construction of a new 
     wing or other addition at such facility to provide additional 
     services that will, under the agreement, be leased by the 
     United States and dedicated to care and treatment of veterans 
     by the Secretary under title 38, United States Code.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for a public-
     private venture project under this subsection.
       (c) New Department of Veterans Affairs Medical Center, Far 
     South Texas.--
       (1) Project authorization.--If the option selected by the 
     Secretary of Veterans Affairs under subsection (a)(1) is the 
     option specified in subparagraph (B) of such subsection for a 
     project for construction in Far South Texas of a new full-
     service, 175-bed facility providing inpatient and long-term 
     care services, such facility shall be located in the county 
     in Far South Texas that the Secretary determines most 
     suitable to meet the health care needs of veterans in the 
     region.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Construction, Major Projects, 
     account of the Department of Veterans Affairs, in addition to 
     any other amounts authorized for that account, the amount of 
     $175,000,000 for the project authorized by paragraph (1).
       (d) Shared Facility With Department of Defense, Far South 
     Texas.--
       (1) Project authorization.--If the option selected by the 
     Secretary of Veterans Affairs under subsection (a)(1) is the 
     option specified in subparagraph (C) of such subsection for a 
     project of a Department of Veterans Affairs-Department of 
     Defense shared facility to provide inpatient and long-term 
     care to veterans at an existing facility in Far South Texas, 
     then the Secretary shall, subject to the availability of 
     appropriations for such purpose, take such steps as necessary 
     to enter into an agreement with an appropriate military 
     treatment facility to provide for inpatient and long-term 
     care services for veterans at an existing facility in one of 
     the counties of Far South Texas. Such an agreement may 
     include provision for construction of a new wing or other 
     addition at such facility to provide additional services that 
     will, under the agreement, be leased by the United States and 
     dedicated to care and treatment of veterans by the Secretary 
     under title 38, United States Code.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for a Department of 
     Veterans Affairs-Department of Defense venture project under 
     this subsection.
       (e) Far South Texas Defined.--In this section, the term 
     ``Far South Texas'' means the following counties of the State 
     of Texas: Aransas, Bee, Brooks, Calhoun, Cameron, Crockett, 
     DeWitt, Dimmit, Duval, Goliad, Hidalgo, Jackson, Jim Hogg, 
     Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, 
     Starr, Victoria, Webb, Willacy, and Zapata.
                                 ______
                                 
  SA 5334. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DESIGNATION OF NATIONAL CENTER FOR HUMAN 
                   PERFORMANCE.

       (a) In General.--The National Center for Human Performance 
     at the Texas Medical Center is hereby designated as a 
     national center for research and education in medicine and 
     related sciences to enhance human performance which could 
     include matters of relevance to the Armed Forces.
       (b) Construction.--Nothing in this section shall be 
     construed to convey on such Center 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.
                                 ______
                                 
  SA 5335. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 556. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE 
                   OFFICERS' TRAINING CORPS.

       (a) Plan for Increase.--The Secretary of Defense, in 
     consultation with the Secretaries of the military 
     departments, shall develop and implement a plan to establish 
     and support 4,000 Junior Reserve Officers' Training Corps 
     units not later than fiscal year 2020.
       (b) Exceptions.--The requirement imposed in subsection (a) 
     shall not apply--
       (1) if the Secretary fails to receive an adequate number or 
     requests for Junior Reserve Officers' Training Corps units by 
     public and private secondary educational institutions; or
       (2) during a time of national emergency when the 
     Secretaries of the military departments determine that 
     funding must be allocated elsewhere.
       (c) Cooperation.--The Secretary of Defense, as part of the 
     plan to establish and support additional Junior Reserve 
     Officers' Training Corps units, shall work with local 
     educational agencies to increase the employment in Junior 
     Reserve Officers' Training Corps units of retired members of 
     the Armed Forces who are retired under chapter 61 of title 
     10, United States Code, especially members who were wounded 
     or injured while deployed in a contingency operation.
       (d) Report on Plan.--Upon completion of the plan, the 
     Secretary of Defense shall provide a report to the 
     congressional defense committees containing, at a minimum, 
     the following:
       (1) A description of how the Secretaries of the military 
     departments expect to achieve the number of units of the 
     Junior Reserve Officers' Training Corps specified in 
     subsection (a), including how many units will be established 
     per year by each service.
       (2) The annual funding necessary to support the increase in 
     units, including the personnel costs associated.
       (3) The number of qualified private and public schools, if 
     any, who have requested a Junior Reserve Officers' Training 
     Corps unit that are on a waiting list.
       (4) Efforts to improve the increased distribution of units 
     geographically across the United States.
       (5) Efforts to increase distribution of units in 
     educationally and economically deprived areas.
       (6) Efforts to enhance employment opportunities for 
     qualified former military members retired for disability, 
     especially those wounded while deployed in a contingency 
     operation.
       (e) Time for Submission.--The plan required under 
     subsection (a), along with the report required by subsection 
     (d), shall be submitted to the congressional defense 
     committees not later than March 31, 2009. The Secretary of 
     Defense shall submit an up-dated report annually thereafter 
     until the number of units of the Junior Reserve Officers' 
     Training Corps specified in subsection (a) is achieved.
       (f) Additional Curriculum Element.--The Secretary of each 
     military department shall develop and implement a segment of 
     the Junior Reserve Officers' Training Corps curriculum that 
     includes the contribution and defense historiography of 
     gender and ethnic specific groups.
                                 ______
                                 
  SA 5336. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 854. REPORT ON CONTRACTS FOR MORALE, WELFARE, AND 
                   RECREATION TELEPHONE SERVICES FOR MILITARY 
                   PERSONNEL SERVING IN COMBAT ZONES.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     current contracts of the Department of Defense for morale, 
     welfare, and recreation telephone services for military 
     personnel serving in combat zones.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of each contract for morale, welfare, and 
     recreation telephone services for military personnel serving 
     in combat zones that was entered into or agreed upon by the 
     Department of Defense after January 28, 2008, and, for each 
     such contract, an assessment of the extent to which the entry 
     into or agreement upon such contract complied with the 
     requirements of section 885 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 265).
       (2) A statement of the average cost per minute of telephone 
     service for military personnel serving in combat zones under 
     each contract of the Department of Defense for

[[Page 18152]]

     morale, welfare, and recreation telephone services for such 
     personnel that is in effect as of the date of the enactment 
     of this Act, and a statement of the average amount of such 
     cost that is returned to the contractor under such contract 
     as a return on investment or profit.
                                 ______
                                 
  SA 5337. Mr. REID (for Mr. Biden (for himself, Mr. Casey, Mr. Inhofe, 
and Mr. Carper)) submitted an amendment intended to be proposed by Mr. 
Reid to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 311, between lines 13 and 14, insert the following:

     SEC. 1083. TRANSFER OF NAVY AIRCRAFT N40VT.

       (a) Authority To Convey.--The Secretary of the Navy may 
     convey, without consideration, to Piasecki Aircraft 
     Corporation of Essington, Pennsylvania (in this section 
     referred to as ``transferee''), all right, title, and 
     interest of the United States, except as set forth elsewhere 
     herein, in and to Navy aircraft N40VT (Bureau Number 163283) 
     and associated components and test equipment, previously 
     specified as Government furnished equipment, specified in 
     contract N00019-00-C-0284. The conveyance shall be made by 
     means of a deed of gift.
       (b) Condition of Aircraft.--The aircraft shall be conveyed 
     under subsection (a) in its current, ``as is'' condition. The 
     Secretary is not required to repair or alter the condition of 
     the aircraft before conveying ownership of the aircraft.
       (c) Conveyance at No Cost to the United States.--The 
     conveyance of the aircraft under subsection (a) shall be made 
     at no cost to the United States. Any costs associated with 
     the conveyance shall be borne by the transferee.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (e) Clarification of Liability.--Notwithstanding any other 
     provision of law, upon the conveyance of the Navy aircraft 
     N40VT (Bureau Number 163283) under subsection (a), the United 
     States shall not be liable for any death, injury, loss, or 
     damage that results from the use of that aircraft by any 
     person other than the United States.
                                 ______
                                 
  SA 5338. Mr. REID (for Mr. Biden (for himself, Mr. Kennedy, Mrs. 
McCaskill, and Mr. Bayh)) submitted an amendment intended to be 
proposed by Mr. Reid to the bill S. 3001, to authorize appropriations 
for fiscal year 2009 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy; to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 587. EXCLUSION OF CERTAIN REST AND RECUPERATION LEAVE 
                   FROM LIMITATIONS ON LEAVE ACCUMULATED BY 
                   MEMBERS OF THE ARMED FORCES.

       Section 705 of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Any period of rest and recuperation absence received 
     by a member under subsection (b)(2) shall not be treated as 
     leave accumulated by the member for purposes of section 701 
     of this title.''.

                          ____________________