[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[Senate]
[Pages 18344-18389]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5339. Mr. ALEXANDER (for himself, Mr. Bingaman, Mr. Voinovich, Mr. 
Kennedy, Ms. Murkowski, Mr. Brown, Mr. McConnell, Mr. Harkin, and Mrs. 
Murray) 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 B of title XXXI, add the following:

     SECTION 3116. PAYMENT OF COMPENSATION TO SURVIVORS OF 
                   DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEES UNDER 
                   THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM ACT OF 2000.

       (a) Short Title.--This section may be cited as the ``Energy 
     Employees Occupational Illness Compensation Program 
     Improvement Act of 2008''.
       (b) Payment of Compensation to Survivors of Department of 
     Energy Contractor Employees.--
       (1) In general.--Section 3672 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s-1) is amended to read as follows:

     ``SEC. 3672. COMPENSATION TO BE PROVIDED.

       ``Subject to the other provisions of this subtitle:
       ``(1) Contractor employees.--
       ``(A) In general.--A covered DOE contractor employee shall 
     receive contractor employee compensation under this subtitle 
     in accordance with section 3673.
       ``(B) Compensation after death of contractor employee.--
       ``(i) In general.--Except as provided in paragraph (2)(B), 
     if the death of a contractor employee occurs after the 
     employee applies for compensation under this subtitle but 
     before such compensation is paid, the amount of compensation 
     described in clause (ii) shall be paid to a survivor of the 
     employee (for purposes of section 3674) or, if the employee 
     has no such survivors, to the surviving family members of the 
     employee in accordance

[[Page 18345]]

     with the procedures set forth in section 3628(e)(1).
       ``(ii) Amount of compensation.--The amount of compensation 
     described in this clause is the amount of compensation the 
     contractor employee would have received pursuant to section 
     3673(a), except that if the Secretary cannot determine the 
     minimum impairment rating of the employee under paragraph (1) 
     of such section as a result of the death of the employee, 
     such compensation shall not include compensation pursuant to 
     such paragraph.
       ``(2) Survivors.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     or paragraph (1)(B), a survivor of a covered DOE contractor 
     employee shall receive contractor employee compensation under 
     this subtitle in accordance with section 3674.
       ``(B) Election of contractor employee compensation or 
     survivor compensation.--A survivor who is otherwise eligible 
     to receive compensation pursuant to both subparagraph (A) and 
     paragraph (1)(B) shall not receive compensation pursuant to 
     both subparagraph (A) and paragraph (1)(B), but shall receive 
     compensation pursuant to subparagraph (A) or paragraph 
     (1)(B), as elected by the survivor.
       ``(C) Compensation after death of survivor.--If the death 
     of a survivor occurs after the survivor applies for 
     compensation under this subtitle but before such compensation 
     is paid and, in the case of compensation pursuant to 
     paragraph (1)(B), there are no other survivors of the 
     employee (for purposes of section 3674), the amount of 
     compensation the survivor would have received under this 
     section shall be paid to the surviving family members of the 
     employee in accordance with the procedures set forth in 
     section 3628(e)(1).''.
       (2) Applicability.--The provisions of section 3672 of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7385s-1), as amended by paragraph (1), 
     shall apply to applications for compensation under subtitle E 
     of such Act filed before, on, or after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 5340. Mr. LUGAR (for himself, Mr. Biden, Mr. Durbin, and Mr. 
Warner) 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 title XII, add the following:
    Subtitle E--Reconstruction and Stabilization Civilian Management

     SEC. 1241. SHORT TITLE.

         This subtitle may be cited as the ``Reconstruction and 
     Stabilization Civilian Management Act of 2008''.

     SEC. 1242. FINDINGS.

         (a) Findings.--Congress finds the following:
         (1) In June 2004, the Office of the Coordinator for 
     Reconstruction and Stabilization (referred to as the 
     ``Coordinator'') was established in the Department of State 
     with the mandate to lead, coordinate, and institutionalize 
     United States Government civilian capacity to prevent or 
     prepare for post-conflict situations and help reconstruct and 
     stabilize a country or region that is at risk of, in, or is 
     in transition from, conflict or civil strife.
         (2) In December 2005, the Coordinator's mandate was 
     reaffirmed by the National Security Presidential Directive 
     44, which instructed the Secretary of State, and at the 
     Secretary's direction, the Coordinator, to coordinate and 
     lead integrated United States Government efforts, involving 
     all United States departments and agencies with relevant 
     capabilities, to prepare, plan for, and conduct 
     reconstruction and stabilization operations.
         (3) National Security Presidential Directive 44 assigns 
     to the Secretary, with the Coordinator's assistance, the lead 
     role to develop reconstruction and stabilization strategies, 
     ensure civilian interagency program and policy coordination, 
     coordinate interagency processes to identify countries at 
     risk of instability, provide decision-makers with detailed 
     options for an integrated United States Government response 
     in connection with reconstruction and stabilization 
     operations, and carry out a wide range of other actions, 
     including the development of a civilian surge capacity to 
     meet reconstruction and stabilization emergencies. The 
     Secretary and the Coordinator are also charged with 
     coordinating with the Department of Defense on reconstruction 
     and stabilization responses, and integrating planning and 
     implementing procedures.
         (4) The Department of Defense issued Directive 3000.05, 
     which establishes that stability operations are a core United 
     States military mission that the Department of Defense must 
     be prepared to conduct and support, provides guidance on 
     stability operations that will evolve over time, and assigns 
     responsibilities within the Department of Defense for 
     planning, training, and preparing to conduct and support 
     stability operations.
         (5) The President's Fiscal Year 2009 Budget Request to 
     Congress includes, as part of the request for the Department 
     of State and Other International Programs, $248,600,000 for a 
     Civilian Stabilization Initiative that would vastly improve 
     civilian partnership with the Armed Forces in post-conflict 
     stabilization situations, including by establishing an Active 
     Response Corps of 250 persons, a Standby Response Corps of 
     2000 persons, and a Civilian Response Corps of 2000 persons.

     SEC. 1243. DEFINITIONS.

         In this subtitle:
         (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
         (2) Agency.--The term ``agency'' means any entity 
     included in chapter 1 of title 5, United States Code.
         (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
         (4) Department.--Except as otherwise provided in this 
     subtitle, the term ``Department'' means the Department of 
     State.
         (5) Personnel.--The term ``personnel'' means individuals 
     serving in any service described in section 2101 of title 5, 
     United States Code, other than in the legislative or judicial 
     branch.
         (6) Secretary.--The term ``Secretary'' means the 
     Secretary of State.

     SEC. 1244. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION 
                   AND STABILIZATION CRISES.

         Chapter 1 of part III of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2351 et seq.) is amended by inserting after 
     section 617 the following new section:

     ``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION 
                   CRISIS.

         ``(a) Assistance.--
         ``(1) In general.--If the President determines that it is 
     important to the national interests of the United States for 
     United States civilian agencies or non-Federal employees to 
     assist in stabilizing and reconstructing a country or region 
     that is at risk of, in, or is in transition from, conflict or 
     civil strife, the President may, in accordance with the 
     provisions set forth in section 614(a)(3), notwithstanding 
     any other provision of law, and on such terms and conditions 
     as the President may determine, furnish assistance to respond 
     to the crisis using funds referred to in paragraph (2).
         ``(2) Funds.--The funds referred to in this paragraph are 
     funds as follows:
         ``(A) Funds made available under this section.
         ``(B) Funds made available under other provisions of this 
     Act and transferred or reprogrammed for purposes of this 
     section.
         ``(b) Special Authorities.--In furtherance of a 
     determination made under subsection (a), the President may 
     exercise the authorities contained in sections 552(c)(2) and 
     610 without regard to the percentage and aggregate dollar 
     limitations contained in such sections.''.

     SEC. 1245. RECONSTRUCTION AND STABILIZATION.

         Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 62. RECONSTRUCTION AND STABILIZATION.

         ``(a) Office of the Coordinator for Reconstruction and 
     Stabilization.--
         ``(1) Establishment.--There is established within the 
     Department of State the Office of the Coordinator for 
     Reconstruction and Stabilization.
         ``(2) Coordinator for reconstruction and stabilization.--
     The head of the Office shall be the Coordinator for 
     Reconstruction and Stabilization, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate. The Coordinator shall report directly to the 
     Secretary.
         ``(3) Functions.--The functions of the Office of the 
     Coordinator for Reconstruction and Stabilization shall 
     include the following:
         ``(A) Monitoring, in coordination with relevant bureaus 
     and offices of the Department of State and the United States 
     Agency for International Development (USAID), political and 
     economic instability worldwide to anticipate the need for 
     mobilizing United States and international assistance for the 
     reconstruction and stabilization of a country or region that 
     is at risk of, in, or is in transition from, conflict or 
     civil strife.
         ``(B) Assessing the various types of reconstruction and 
     stabilization crises that could occur and cataloging and 
     monitoring the non-military resources and capabilities of 
     agencies (as such term is defined in section 1243 of the 
     Reconstruction and Stabilization Civilian Management Act of 
     2008) that are available to address such crises.
         ``(C) Planning, in conjunction with USAID, to address 
     requirements, such as demobilization, disarmament, rebuilding 
     of

[[Page 18346]]

     civil society, policing, human rights monitoring, and public 
     information, that commonly arise in reconstruction and 
     stabilization crises.
         ``(D) Coordinating with relevant agencies to develop 
     interagency contingency plans and procedures to mobilize and 
     deploy civilian personnel and conduct reconstruction and 
     stabilization operations to address the various types of such 
     crises.
         ``(E) Entering into appropriate arrangements with 
     agencies to carry out activities under this section and the 
     Reconstruction and Stabilization Civilian Management Act of 
     2008.
         ``(F) Identifying personnel in State and local 
     governments and in the private sector who are available to 
     participate in the Civilian Reserve Corps established under 
     subsection (b) or to otherwise participate in or contribute 
     to reconstruction and stabilization activities.
         ``(G) Taking steps to ensure that training and education 
     of civilian personnel to perform such reconstruction and 
     stabilization activities is adequate and is carried out, as 
     appropriate, with other agencies involved with stabilization 
     operations.
         ``(H) Taking steps to ensure that plans for United States 
     reconstruction and stabilization operations are coordinated 
     with and complementary to reconstruction and stabilization 
     activities of other governments and international and 
     nongovernmental organizations, to improve effectiveness and 
     avoid duplication.
         ``(I) Maintaining the capacity to field on short notice 
     an evaluation team consisting of personnel from all relevant 
     agencies to undertake on-site needs assessment.
         ``(b) Response Readiness Corps.--
         ``(1) Response readiness corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development and the heads of other 
     appropriate agencies of the United States Government, may 
     establish and maintain a Response Readiness Corps (referred 
     to in this section as the `Corps') to provide assistance in 
     support of reconstruction and stabilization operations in 
     countries or regions that are at risk of, in, or are in 
     transition from, conflict or civil strife. The Corps shall be 
     composed of active and standby components consisting of 
     United States Government personnel, including employees of 
     the Department of State, the United States Agency for 
     International Development, and other agencies who are 
     recruited and trained (and employed in the case of the active 
     component) to provide such assistance when deployed to do so 
     by the Secretary to support the purposes of this Act.
         ``(2) Civilian reserve corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development, may establish a 
     Civilian Reserve Corps for which purpose the Secretary is 
     authorized to employ and train individuals who have the 
     skills necessary for carrying out reconstruction and 
     stabilization activities, and who have volunteered for that 
     purpose. The Secretary may deploy members of the Civilian 
     Reserve Corps pursuant to a determination by the President 
     under section 618 of the Foreign Assistance Act of 1961.
         ``(3) Mitigation of domestic impact.--The establishment 
     and deployment of any Civilian Reserve Corps shall be 
     undertaken in a manner that will avoid substantively 
     impairing the capacity and readiness of any State and local 
     governments from which Civilian Reserve Corps personnel may 
     be drawn.
         ``(c) Existing Training and Education Programs.--The 
     Secretary shall ensure that personnel of the Department, and, 
     in coordination with the Administrator of USAID, that 
     personnel of USAID, make use of the relevant existing 
     training and education programs offered within the 
     Government, such as those at the Center for Stabilization and 
     Reconstruction Studies at the Naval Postgraduate School and 
     the Interagency Training, Education, and After Action Review 
     Program at the National Defense University.''.

     SEC. 1246. AUTHORITIES RELATED TO PERSONNEL.

         (a) Extension of Certain Foreign Service Benefits.--The 
     Secretary, or the head of any agency with respect to 
     personnel of that agency, may extend to any individuals 
     assigned, detailed, or deployed to carry out reconstruction 
     and stabilization activities pursuant to section 62 of the 
     State Department Basic Authorities Act of 1956 (as added by 
     section 1245 of this Act), the benefits or privileges set 
     forth in sections 413, 704, and 901 of the Foreign Service 
     Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 
     4081) to the same extent and manner that such benefits and 
     privileges are extended to members of the Foreign Service.
         (b) Authority Regarding Details.--The Secretary is 
     authorized to accept details or assignments of any personnel, 
     and any employee of a State or local government, on a 
     reimbursable or nonreimbursable basis for the purpose of 
     carrying out this subtitle, and the head of any agency is 
     authorized to detail or assign personnel of such agency on a 
     reimbursable or nonreimbursable basis to the Department of 
     State for purposes of section 62 of the State Department 
     Basic Authorities Act of 1956, as added by section 1245 of 
     this Act.

     SEC. 1247. RECONSTRUCTION AND STABILIZATION STRATEGY.

         (a) In General.--The Secretary of State, in consultation 
     with the Administrator of the United States Agency for 
     International Development, shall develop an interagency 
     strategy to respond to reconstruction and stabilization 
     operations.
         (b) Contents.--The strategy required under subsection (a) 
     shall include the following:
         (1) Identification of and efforts to improve the skills 
     sets needed to respond to and support reconstruction and 
     stabilization operations in countries or regions that are at 
     risk of, in, or are in transition from, conflict or civil 
     strife.
         (2) Identification of specific agencies that can 
     adequately satisfy the skills sets referred to in paragraph 
     (1).
         (3) Efforts to increase training of Federal civilian 
     personnel to carry out reconstruction and stabilization 
     activities.
         (4) Efforts to develop a database of proven and best 
     practices based on previous reconstruction and stabilization 
     operations.
         (5) A plan to coordinate the activities of agencies 
     involved in reconstruction and stabilization operations.

     SEC. 1248. ANNUAL REPORTS TO CONGRESS.

         Not later than 180 days after the date of the enactment 
     of this Act and annually for each of the five years 
     thereafter, the Secretary of State shall submit to the 
     appropriate congressional committees a report on the 
     implementation of this subtitle. The report shall include 
     detailed information on the following:
         (1) Any steps taken to establish a Response Readiness 
     Corps and a Civilian Reserve Corps, pursuant to section 62 of 
     the State Department Basic Authorities Act of 1956 (as added 
     by section 1245 of this Act).
         (2) The structure, operations, and cost of the Response 
     Readiness Corps and the Civilian Reserve Corps, if 
     established.
         (3) How the Response Readiness Corps and the Civilian 
     Reserve Corps coordinate, interact, and work with other 
     United States foreign assistance programs.
         (4) An assessment of the impact that deployment of the 
     Civilian Reserve Corps, if any, has had on the capacity and 
     readiness of any domestic agencies or State and local 
     governments from which Civilian Reserve Corps personnel are 
     drawn.
         (5) The reconstruction and stabilization strategy 
     required by section 1247 and any annual updates to that 
     strategy.
         (6) Recommendations to improve implementation of 
     subsection (b) of section 62 of the State Department Basic 
     Authorities Act of 1956, including measures to enhance the 
     recruitment and retention of an effective Civilian Reserve 
     Corps.
         (7) A description of anticipated costs associated with 
     the development, annual sustainment, and deployment of the 
     Civilian Reserve Corps.
                                 ______
                                 
  SA 5341. Ms. KLOBUCHAR 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 G of title X, add the following:

     SEC. 1083. PILOT PROGRAM ON PROVISION OF MOBILE CARE AND 
                   SERVICES TO VETERANS LIVING IN RURAL AREAS.

       (a) Pilot Program Required.--The Secretary of Veterans 
     Affairs shall carry out a program to assess the feasibility 
     and advisability of providing care and services described in 
     subsection (d) to veterans residing in rural areas through 
     the mobile centers described in subsection (e).
       (b) General Administration.--
       (1) Principal responsibility.--The Secretary shall carry 
     out the pilot program through the Director of the Office of 
     Rural Health of the Department of Veterans Affairs.
       (2) Consultation.--The pilot program shall be developed and 
     carried out in consultation with the following:
       (A) The Regional Director of Veterans Integrated Services 
     Network (VISN) 23, in which mobile Department of Veterans 
     Affairs clinics are currently in operation.
       (B) The Director of the Office of Rural Health Policy of 
     the Department of Health and Human Services.
       (C) The agencies or offices for rural health in the States 
     selected for participation in the pilot program.
       (D) The country or local agencies or offices for rural 
     health in the areas designated for the pilot program.
       (c) Locations.--
       (1) In general.--The pilot program shall be carried out in 
     not less than three Veterans Integrated Services Networks 
     selected by the Secretary for the purposes of the pilot 
     program.
       (2) Rural areas within visns.--The pilot program shall be 
     carried out in one or more rural areas in each Veterans 
     Integrated

[[Page 18347]]

     Services Network selected under paragraph (1) that are 
     designated by the Secretary for purposes of the pilot program 
     in consultation with the Regional Director of such Veterans 
     Integrated Services Network. In designating such areas, the 
     Secretary shall take into account--
       (A) the number of veterans residing in or near an area;
       (B) the proximity of the nearest Department of Veterans 
     Affairs medical facility; and
       (C) the difficulty of access of such veterans to the 
     nearest Department of Veterans Affairs medical facility, 
     whether by reason of travel or other factors.
       (d) Care and Services Provided.--The care and services 
     provided under the pilot program may include, but not be 
     limited to, care and services as follows:
       (1) Counseling and education for veterans on accessing such 
     health care, educational, pension, or other benefits for 
     which veterans may be eligible under the laws administered by 
     the Secretary of Veterans Affairs.
       (2) Assistance for veterans in completing paperwork 
     necessary for enrollment in the healthcare system of the 
     Department of Veterans Affairs.
       (3) The prescription for and delivery to veterans of 
     medications for which veterans are entitled under such laws, 
     including, in particular, medications for veterans suffering 
     from acute or chronic injuries or illnesses.
       (4) Mental health screenings for veterans to identify 
     potential mental health disorders such as post-traumatic 
     stress disorder (PTSD) or a substance abuse, including, in 
     particular, for veterans recently discharged or released 
     after service overseas in Operation Iraqi Freedom or 
     Operation Enduring Freedom.
       (5) Job placement assistance and information on employment 
     or training opportunities for veterans.
       (6) Substance abuse counseling for veterans.
       (7) Bereavement counseling for families of members of the 
     Armed Forces who were killed in military service.
       (8) Such other care, services, and assistance as the 
     Secretary considers appropriate for purposes of the pilot 
     program.
       (e) Mobile Centers.--
       (1) In general.--Care and services under the pilot program 
     shall be provided through mobile centers established for 
     purposes of the pilot program that meets the requirements of 
     this subsection.
       (2) Mobile centers.--In carrying out the pilot program, the 
     Secretary shall determine the most effective manner in which 
     to operate the mobile centers.
       (3) Personnel and materials.--In providing care and 
     services under the pilot program, the mobile centers shall 
     transport such personnel, equipment, forms, information, and 
     other materiel as are necessary for the provision of care and 
     services under the pilot program.
       (f) Coordination Requirements.--
       (1) Identification of veterans not enrolled in va health 
     care system.--In carrying out the pilot program, the 
     Secretary of Veterans Affairs and the Secretary of Defense 
     shall jointly undertake action to identify veterans residing 
     in areas designated for the pilot program who are not 
     enrolled in, or otherwise being cared for by, the health care 
     system of the Department of Veterans Affairs.
       (2) Coordination with county and local veterans service 
     offices.--In carrying out the pilot program, the Secretary of 
     Veterans Affairs shall coordinate with county and local 
     veterans service officers in areas designated for the pilot 
     program.
       (3) Utilization of community-based outpatient clinics.--The 
     program shall, to the extent practicable, utilize appropriate 
     personnel and resources of community-based outpatient clinics 
     of the Department of Veterans Affairs in areas designated for 
     the pilot program, including the inclusion of such personnel 
     in visits of the mobile centers under subsection (e).
       (g) Termination.--The authority to carry out a pilot 
     program under this section shall terminate on the date that 
     is three years after the date of the enactment of this 
     section.
       (h) Reports.--Not later than one year after the 
     commencement of the pilot program, and every 180 days 
     thereafter, the Secretary of Veterans Affairs shall submit to 
     the Committees on Veterans' Affairs of the Senate and the 
     House of Representatives a report on the pilot program. Each 
     report shall include the following:
       (1) A description and assessment of the pilot program.
       (2) An assessment, current as of the date of such report, 
     of the effectiveness of the pilot program in providing care 
     and services to veterans residing in rural areas, including a 
     comparative assessment of effectiveness for each of the 
     various areas designated for the pilot program.
       (3) An assessment, current as of the date of such report, 
     of the effectiveness of the coordination described in 
     subsection (f) in contributing toward the effectiveness of 
     the pilot program.
       (4) Such recommendations as the Secretary considers 
     appropriate for modifications of the pilot program in order 
     to better provide care and services to veterans residing in 
     rural areas.
                                 ______
                                 
  SA 5342. Ms. KLOBUCHAR 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 B of title VII, add the following:

     SEC. 714. FULL ACCESS TO MENTAL HEALTH CARE FOR MEMBERS OF 
                   THE NATIONAL GUARD AND RESERVE WHO ARE DEPLOYED 
                   OVERSEAS.

       (a) Initiative To Increase Access to Mental Health Care.--
       (1) In general.--The Secretary of Defense shall undertake 
     an initiative intended to increase access to mental health 
     care for family members of members of the National Guard and 
     Reserve deployed overseas during the periods of mobilization, 
     deployment, and demobilization of such members of the 
     National Guard and Reserve.
       (2) Elements.--The initiative shall include the following:
       (A) Programs and activities to educate the family members 
     of members of the National Guard and Reserve who are deployed 
     overseas on potential mental health challenges connected with 
     such deployment.
       (B) Programs and activities to provide such family members 
     with complete information on all mental health resources 
     available to such family members through the Department of 
     Defense and otherwise.
       (C) Requirements for mental health counselors at military 
     installations in communities with large numbers of mobilized 
     members of the National Guard and Reserve to expand the reach 
     of their counseling activities to include families of such 
     members in such communities.
       (b) Mental Health Care Under TRICARE.--
       (1) In general.--Under such regulations as the Secretary of 
     Defense shall prescribe, reimbursement shall be provided 
     under the TRICARE program under chapter 55 of title 10, 
     United States Code, for mental health care that is provided 
     to a family member of a covered member of the National Guard 
     or Reserve during the period of deployment of such covered 
     member of the National Guard or Reserve as described in 
     paragraph (2).
       (2) Covered members of the national guard or reserve.--For 
     purposes of this subsection, a covered member of the National 
     Guard or Reserve is any member of the National Guard or 
     Reserve on active duty for more than 30 days for a deployment 
     in connection with Operation Iraqi Freedom, Operation 
     Enduring Freedom, or other operation that requires deployment 
     overseas who, while so on active duty, is covered by the 
     TRICARE program on a for self and family basis.
       (3) Effective date.--This subsection shall take effect on 
     January 1, 2009.
       (c) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on this section.
       (2) Elements.--Each report shall include the following:
       (A) A current assessment of the extent to which family 
     members of members of the National Guard and Reserve who are 
     deployed have access to, and are utilizing, mental health 
     care available under this section.
       (B) A current assessment of the quality of mental health 
     care being provided to family members of members of the 
     National Guard and Reserve who are deployed at State-
     accredited treatment centers.
       (C) Such recommendations for legislative or administration 
     action as the Secretary considers appropriate in order to 
     further assure full access to mental health care by family 
     members of members of the National Guard and Reserve who are 
     deployed during the mobilization, deployment, and 
     demobilization of such members of the National Guard and 
     Reserve.
                                 ______
                                 
  SA 5343. Mrs. CLINTON 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:

     SEC. 834. INTEGRITY AND BUSINESS ETHICS REQUIREMENTS FOR 
                   FEDERAL CONTRACTORS.

       (a) Defense Contractors.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by inserting after section 2305a the 
     following new section:

[[Page 18348]]



     ``Sec. 2305b. Satisfactory record of integrity and business 
       ethics

       ``(a) In General.--No prospective contractor may be awarded 
     a contract with an agency under this title unless the 
     contracting officer for the contract determines that such 
     prospective contractor has a satisfactory record of integrity 
     and business ethics, including satisfactory compliance with 
     the law (including tax, labor and employment, environmental, 
     antitrust, and consumer protection laws).
       ``(b) Information To Be Considered.--In making a 
     determination as to whether a prospective contractor has a 
     satisfactory record of integrity and business ethics, a 
     contracting officer--
       ``(1) shall consider all relevant credible information, but 
     shall give the greatest weight to violations of law that have 
     been adjudicated within the last 5 years preceding the offer;
       ``(2) shall give consideration to any administrative 
     agreements entered into with the prospective contractor if 
     the prospective contractor has taken corrective action after 
     disclosing a violation of law, and may consider such a 
     contractor to be a responsible contractor if the contractor 
     has corrected the conditions that led to the misconduct;
       ``(3) shall consider failure to comply with the terms of an 
     administrative agreement as evidence of a lack of integrity 
     and business ethics under this section;
       ``(4) shall consider in descending order of importance--
       ``(A) convictions of and civil judgments rendered against 
     the prospective contractor for--
       ``(i) commission of fraud or a criminal offense in 
     connection with obtaining, attempting to obtain, or 
     performing a public Federal, State, or local contract or 
     subcontract;
       ``(ii) violation of Federal or State antitrust law relating 
     to the submission of offers; or
       ``(iii) commission of embezzlement, theft, forgery, 
     bribery, falsification, or destruction of records, making 
     false statement, tax evasion, or receiving stolen property; 
     and
       ``(B) relative to tax, labor and employment, environmental, 
     antitrust, or consumer protection laws--
       ``(i) Federal or State felony convictions;
       ``(ii) adverse Federal court judgments in civil cases 
     brought by the United States;
       ``(iii) adverse decisions by a Federal administrative law 
     judge, board, or commission indicating violations of law;
       ``(iv) Federal or State felony indictments; and
       ``(v) any other civil judgment rendered against the 
     prospective contractor; and
       ``(5) may consider other relevant information, such as 
     civil or administrative complaints or similar actions filed 
     by or on behalf of a Federal agency, board, or commission, if 
     such action reflects an adjudicated determination by the 
     agency.
       ``(c) Repeated Violations of Law.--A single violation of 
     law normally should not give rise to a determination that the 
     prospective contractor has an unsatisfactory record of 
     integrity and business ethics, but evidence of repeated, 
     pervasive, or significant violations of the law may indicate 
     an unsatisfactory record of integrity and business ethics.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2305a the following new item:

``2305b. Satisfactory record of integrity and business ethics.''.

       (b) Civilian Contractors.--Title III of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     251 et seq.) is amended by inserting after section 303M the 
     following new section:

     ``SEC. 303N. SATISFACTORY RECORD OF INTEGRITY AND BUSINESS 
                   ETHICS.

       ``(a) In General.--No prospective contractor may be awarded 
     a contract with an executive agency unless the contracting 
     officer for the contract determines that such prospective 
     contractor has a satisfactory record of integrity and 
     business ethics, including satisfactory compliance with the 
     law (including tax, labor and employment, environmental, 
     antitrust, and consumer protection laws).
       ``(b) Information To Be Considered.--In making a 
     determination as to whether a prospective contractor has a 
     satisfactory record of integrity and business ethics, a 
     contracting officer--
       ``(1) shall consider all relevant credible information, but 
     shall give the greatest weight to violations of law that have 
     been adjudicated within the last 5 years preceding the offer;
       ``(2) shall give consideration to any administrative 
     agreements entered into with the prospective contractor if 
     the prospective contractor has taken corrective action after 
     disclosing a violation of law, and may consider such a 
     contractor to be a responsible contractor if the contractor 
     has corrected the conditions that led to the misconduct;
       ``(3) shall consider failure to comply with the terms of an 
     administrative agreement as evidence of a lack of integrity 
     and business ethics under this section;
       ``(4) shall consider in descending order of importance--
       ``(A) convictions of and civil judgments rendered against 
     the prospective contractor for--
       ``(i) commission of fraud or a criminal offense in 
     connection with obtaining, attempting to obtain, or 
     performing a public Federal, State, or local contract or 
     subcontract;
       ``(ii) violation of Federal or State antitrust law relating 
     to the submission of offers; or
       ``(iii) commission of embezzlement, theft, forgery, 
     bribery, falsification, or destruction of records, making 
     false statement, tax evasion, or receiving stolen property; 
     and
       ``(B) relative to tax, labor and employment, environmental, 
     antitrust, or consumer protection laws--
       ``(i) Federal or State felony convictions;
       ``(ii) adverse Federal court judgments in civil cases 
     brought by the United States;
       ``(iii) adverse decisions by a Federal administrative law 
     judge, board, or commission indicating violations of law; and
       ``(iv) Federal or State felony indictments; and
       ``(5) may consider other relevant information, such as 
     civil or administrative complaints or similar actions filed 
     by or on behalf of an executive agency, board, or commission, 
     if such action reflects an adjudicated determination by the 
     agency.
       ``(c) Repeated Violations of Law.--A single violation of 
     law normally should not give rise to a determination that the 
     prospective contractor has an unsatisfactory record of 
     integrity and business ethics, but evidence of repeated, 
     pervasive, or significant violations of the law may indicate 
     an unsatisfactory record of integrity and business ethics.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to contracts for which solicitations 
     are issued after the date of the enactment of this Act.
                                 ______
                                 
  SA 5344. Mrs. CLINTON 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 G of title X, add the following:

     SEC. 1083. SENSE OF THE SENATE.

       (a) In General.--It is the sense of the Senate that the 
     United States Government should not award any Federal 
     contracts, grants, or loans to any offshore secrecy 
     jurisdiction company.
       (b) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Contract.--
       (A) In general.--The term ``contract'' means a binding 
     agreement entered into by an Executive agency for the purpose 
     of obtaining property or services, but does not include--
       (i) a contract designated by the head of the agency as 
     assisting the agency in the performance of disaster relief 
     authorities; or
       (ii) a contract designated by the head of the agency as 
     necessary to the national security of the United States.
       (B) Executive agency.--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) Offshore secrecy jurisdiction company.--
       (A) In general.--The term ``offshore secrecy jurisdiction 
     company'' means any person which the Commissioner of Internal 
     Revenue determines that for the purpose of avoiding Federal 
     tax obligations--
       (i) is organized in an offshore secrecy jurisdiction; or
       (ii) is a member of a domestically controlled group of 
     entities any member of which is organized in an offshore 
     secrecy jurisdiction.
       (B) Offshore secrecy jurisdiction.--
       (i) In general.--The term ``offshore secrecy jurisdiction'' 
     means any foreign jurisdiction which is listed by the 
     Secretary as an offshore secrecy jurisdiction for purposes of 
     this section.
       (ii) Determination of jurisdictions on list.--A 
     jurisdiction shall be listed under clause (i) if the 
     Secretary determines that such jurisdiction has corporate, 
     business, bank, or tax secrecy rules and practices which, in 
     the judgment of the Secretary, unreasonably restrict the 
     ability of the United States to obtain information relevant 
     to the enforcement of the Internal Revenue Code of 1986, 
     unless the Secretary also determines that such country has 
     effective information exchange practices.
       (iii) Secrecy or confidentiality rules and practices.--For 
     purposes of clause (ii), corporate, business, bank, or tax 
     secrecy or confidentiality rules and practices include both 
     formal laws and regulations and informal government or 
     business practices having the effect of inhibiting access of 
     law enforcement and tax administration authorities to 
     beneficial ownership and other financial information.
       (iv) Ineffective information exchange practices.--For 
     purposes of clause (ii), a jurisdiction shall be deemed to 
     have ineffective information exchange practices unless the 
     Secretary determines, on an annual basis, that--

       (I) such jurisdiction has in effect a treaty or other 
     information exchange agreement

[[Page 18349]]

     with the United States that provides for the prompt, 
     obligatory, and automatic exchange of such information as is 
     forseeably relevant for carrying out the provisions of the 
     treaty or agreement or the administration or enforcement of 
     such Code,
       (II) during the 12-month period preceding the annual 
     determination, the exchange of information between the United 
     States and such jurisdiction was in practice adequate to 
     prevent evasion or avoidance of United States income tax by 
     United States persons and to enable the United States 
     effectively to enforce such Code, and
       (III) during the 12-month period preceding the annual 
     determination, such jurisdiction was not identified by an 
     intergovernmental group or organization of which the United 
     States is a member as uncooperative with international tax 
     enforcement or information exchange and the United States 
     concurs in such identification.

       (C) Domestically controlled group of entities.--
       (i) In general.--The term ``domestically controlled group 
     of entities'' means a controlled group of entities the common 
     parent of which is a domestic corporation.
       (ii) Controlled group of entities.--The term ``controlled 
     group of entities'' means a controlled group of corporations 
     as defined in section 1563(a)(1) of the Internal Revenue Code 
     of 1986, except that--

       (I) ``more than 50 percent'' shall be substituted for ``at 
     least 80 percent'' each place it appears therein, and
       (II) the determination shall be made without regard to 
     subsections (a)(4) and (b)(2) of section 1563 of such Code.

     A partnership or any other entity (other than a corporation) 
     shall be treated as a member of a controlled group of 
     entities if such entity is controlled (within the meaning of 
     section 954(d)(3) of such Code) by members of such group 
     (including any entity treated as a member of such group by 
     reason of this sentence).
       (D) Person.--The term ``person'' means--
       (i) a corporation; or
       (ii) a partnership or any other entity (other than a 
     corporation).
       (E) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
                                 ______
                                 
  SA 5345. Mrs. CLINTON 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:

     SEC. 834. AWARD FEES.

       (a) Linkage of Award Fees to Successful Acquisition 
     Outcomes.--Every contract entered into by an executive agency 
     that provides for award fees shall link such fees to 
     successful acquisition outcomes (which outcomes shall be 
     specified in terms of cost, schedule, and performance).
       (b) Prohibition on Award of Unwarranted Award Fees.--The 
     head of an executive agency may not--
       (1) award a bonus or other incentive payment to a 
     contractor for work the contractor did not perform or with 
     respect to which the contractor received a poor performance 
     rating; or
       (2) provide to a contractor award fees unless the 
     contractor, to the extent reasonably within the control of 
     the contractor, achieved the successful acquisition outcome 
     to which such fees were linked under the contract.
                                 ______
                                 
  SA 5346. Mr. FEINGOLD (for himself, Mr. Whitehouse, and Mr. Leahy) 
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 title XVI, add the following:

     SEC. 1617. MORATORIUM ON THE DEPLOYMENT OF THE UNITED STATES 
                   ARMED FORCES TO IRAQ.

       (a) Moratorium.--Effective as of the date of the enactment 
     of this Act, no member or unit of the Armed Forces may be 
     deployed to Iraq before March 31, 2009.
       (b) Limitation and Requirement.--The Secretary of Defense 
     shall--
       (1) not extend the deployment to Iraq of any unit or member 
     of the Armed Forces that is deployed to Iraq as of the date 
     of the enactment of this Act; and
       (2) take all necessary and appropriate measures to protect 
     United States personnel in Iraq.
       (c) Exception.--A member of the Armed Forces may be 
     deployed to Iraq for the purpose of providing services to 
     United States personnel in Iraq without regard to the 
     moratorium in subsection (a) or the limitation in subsection 
     (b)(1) if the Secretary of Defense certifies to Congress that 
     the member--
       (1) has an essential, specialized, noncombat skill (such as 
     a medical, linguistic, or explosive ordnance removal skill); 
     and
       (2) will replace in Iraq a member with such skill who is 
     returning from Iraq.
                                 ______
                                 
  SA 5347. Mr. FEINGOLD (for himself, Mr. Whitehouse, Mr. Menendez, Mr. 
Leahy, and Mr. Wyden) 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 X, add the following:

     SEC. 1041. SAFE REDEPLOYMENT OF UNITED STATES TROOPS FROM 
                   IRAQ.

       (a) Transition of Mission.--The President shall promptly 
     transition the mission of the United States Armed Forces in 
     Iraq to the limited and temporary purposes set forth in 
     subsection (d).
       (b) Commencement of Safe, Phased Redeployment From Iraq.--
     The President shall commence the safe, phased redeployment of 
     members of the United States Armed Forces from Iraq who are 
     not essential to the limited and temporary purposes set forth 
     in subsection (d). Such redeployment shall begin not later 
     than 90 days after the date of the enactment of this Act, and 
     shall be carried out in a manner that protects the safety and 
     security of United States troops.
       (c) Use of Funds.--No funds authorized to be appropriated 
     or otherwise made available under any provision of law may be 
     obligated or expended to continue the deployment in Iraq of 
     members of the United States Armed Forces after the date that 
     is nine months after the date of the enactment of this Act.
       (d) Exception for Limited and Temporary Purposes.--The 
     prohibition under subsection (c) shall not apply to the 
     obligation or expenditure of funds for the following limited 
     and temporary purposes:
       (1) To conduct targeted operations, limited in duration and 
     scope, against members of al Qaeda and affiliated 
     international terrorist organizations.
       (2) To provide security for United States Government 
     personnel and infrastructure.
       (3) To provide training to members of the Iraqi Security 
     Forces who have not been involved in sectarian violence or in 
     attacks upon the United States Armed Forces, provided that 
     such training does not involve members of the United States 
     Armed Forces taking part in combat operations or being 
     embedded with Iraqi forces.
       (4) To provide training, equipment, or other materiel to 
     members of the United States Armed Forces to ensure, 
     maintain, or improve their safety and security.
                                 ______
                                 
  SA 5348. Mrs. BOXER 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 V, add the following:

     SEC. 546. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

       Section 8003(a)(2)(C)(i) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended 
     by striking ``6,500'' and inserting ``5,000''.
                                 ______
                                 
  SA 5349. Mrs. BOXER 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 G of title V, add the following:

     SEC. 587. ELECTRONIC DATABASE OF INFORMATION ON THE INCIDENCE 
                   OF SUICIDE AMONG MEMBERS OF THE ARMED FORCES.

       (a) Database Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, acting through the Assistant Secretary of Defense for 
     Health Affairs and in coordination with the Secretaries of 
     the military departments, establish and maintain an 
     electronic database on the incidence of suicide and attempted 
     suicide among members of the Armed Forces on active duty, 
     including the information specified in subsection (c).

[[Page 18350]]

       (b) Coverage of Demobilized Members of Reserve 
     Components.--To the extent practicable, the members of the 
     Armed Forces covered by the database required under 
     subsection (a) shall include members of the National Guard 
     and Reserve who are demobilized from active duty during the 
     720-day period beginning on the date of their demobilization.
       (c) Information.--The information to be included in the 
     database required by subsection (a) shall include, to the 
     extent practicable, the following:
       (1) For each Armed Force--
       (A) the number of members on active duty who have attempted 
     suicide; and
       (B) the number of members on active duty who have committed 
     suicide.
       (2) For each member who commits or attempts suicide, the 
     following:
       (A) The sex of the member.
       (B) The race or ethnicity of the member.
       (C) The Armed Force of the member.
       (D) The grade, military occupational specialty, duty 
     status, and duty location of the member at the time of the 
     completion or attempt.
       (E) The physical location of the member at the time of the 
     completion or attempt.
       (F) A description of any combat experience of the member, 
     including the location of such experience, the intensity and 
     duration of such experience, and the time between the last 
     such experience and the attempt.
       (G) The highest level of education achieved by the member.
       (H) Any mental health condition, including Post-Traumatic 
     Stress Disorder (PTSD), Traumatic Brain Injury (TBI), or 
     substance use disorder, diagnosed or otherwise detected in 
     the member.
       (I) A description of any previous psychological care or 
     treatment received by the member for a condition under 
     subparagraph (H) or another mental health condition.
       (J) A description of any family history of the member of 
     mental illness, suicide, or both.
       (K) A description of any physical or sexual abuse suffered 
     by the member.
       (L) A description of any recent marital or other 
     relationship difficulties of the member.
       (M) A description of any recent disciplinary actions taken 
     against the member.
       (N) A description of any recent legal difficulties of the 
     member.
       (O) A description of any recent financial or employment 
     difficulties of the member.
       (P) A description of any prior communications of suicidal 
     intent by the member.
       (3) Such other information as the Secretary considers 
     appropriate for purposes of the database.
       (d) Separate Information on Each Attempt.--Each attempted 
     suicide of a member of the Armed Forces (whether or not 
     completed) shall be treated as a separate attempt at suicide 
     for purposes of subsection (c)(2).
       (e) Updates.--The database required by subsection (a) shall 
     be updated on a continuing basis.
       (f) Reports.--
       (1) Reports to congress.--Not later than 90 days after the 
     establishment of the database required by subsection (a), and 
     every 180 days thereafter, the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report 
     setting forth the following:
       (A) Aggregated data on the incidence of suicide among 
     members of the Armed Forces on active duty.
       (B) An assessment of recent trends in suicides and 
     attempted suicides among members of the Armed Forces on 
     active duty.
       (2) Availability to public.--Each report under paragraph 
     (1) shall be made available to the public through the 
     Internet website of the Assistant Secretary of Defense for 
     Health Affairs that is available to the public.
       (3) Protection of personal information.--The information in 
     any report under paragraph (1) shall not include any personal 
     information or personally-identifying information on any 
     member of the Armed Forces covered by the database.
       (g) Construction With Other Requirements.--The requirements 
     of this section are in addition to the requirements of 
     section 581.
                                 ______
                                 
  SA 5350. Mrs. BOXER 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 B of title VII, add the following:

     SEC. 714. REDUCTION OF MINIMUM DISTANCE OF MINIMUM DISTANCE 
                   OF TRAVEL FOR REIMBURSEMENT OF COVERED 
                   BENEFICIARIES FOR TRAVEL FOR SPECIALTY HEALTH 
                   CARE.

       (a) Reduction.--Section 1074i(a) of title 10, United States 
     Code, is amended by striking ``100 miles'' and inserting ``50 
     miles''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to referrals for specialty health care made on or 
     after that date.
                                 ______
                                 
  SA 5351. Mr. AKAKA (for himself and Mr. Voinovich) 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 303, between lines 3 and 4, insert the following:

     SEC. 1056. REPORTS ON INFORMATION TECHNOLOGY STRATEGY AND 
                   SECURITY CLEARANCE REVIEW PROCESSES.

       (a) Report on Information Technology Strategy.--
       (1) Requirement for report.--Not later than 120 days after 
     the date of the enactment of this Act, the Director of the 
     Office of Management and Budget shall submit to Congress a 
     report describing the plans to provide security reform by 
     carrying out the Enterprise Information Technology Strategy 
     referred to in the Initial Report of the Joint Security and 
     Suitability Reform Team, dated April 30, 2008.
       (2) Content.--The report required by paragraph (1) shall 
     include--
       (A) a description of any efforts of the Department of 
     Defense, the Office of Personnel Management, or the Office of 
     the Director of National Intelligence to carry out the plans 
     referred to in paragraph (1), including such efforts carried 
     out with other agencies or departments;
       (B) a description of any of the plans referred to in 
     paragraph (1) that will not be carried out and a description 
     of the reasons that such plans will not be carried out;
       (C) the plans of each such Department or Office to develop, 
     implement, fund, and provide personnel to carry out the plans 
     referred to in paragraph (1); and
       (D) a description of the schedule for carrying out the 
     plans referred to in paragraph (1).
       (b) Reports on Security Clearance Review Processes.--
     Paragraph (2) of section 3001(h) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (50 U.S.C. 435b(h)) is 
     amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) a description of the average period of time required 
     by each authorized investigative agency and authorized 
     adjudicative agency to respond to a request for a security 
     clearance for an individual, including the average period 
     required to conduct a security clearance investigation, 
     adjudicate such a request, and make a final determination on 
     such a request, from date of submission to ultimate 
     disposition and notification to the subject and the subject's 
     employer, dissagregated by--
       ``(i) the type of security clearance, including Secret, Top 
     Secret, and Top Secret with Special Access Program access 
     including sensitive compartmented information;
       ``(ii) the period of time required for the investigation of 
     an individual seeking the security clearance and for the 
     adjudication of the request; and
       ``(iii) the proposed recipients of security clearances, 
     including civilian employees of the United States, members of 
     the Armed Forces, and contractors working for the Government 
     of the United States;
       ``(B) a description of the average period of time required 
     by each authorized investigative agency and each authorized 
     adjudicative agency to conduct an investigation for a 
     suitability determination from successful submission of an 
     application to ultimate disposition and notification to the 
     subject, dissagregated by--
       ``(i) the type of suitability determination, including 
     suitability for Federal employment, access to Federal 
     facilities, and access to Federal information systems;
       ``(ii) the period of time required for the investigation of 
     an individual seeking the suitability determination and the 
     adjudication of the request; and
       ``(iii) the category of employment of the individual for 
     which the suitability determination was made, including 
     civilian employees of the United States and contractors 
     working for the Government of the United States;''.
                                 ______
                                 
  SA 5352. Mr. LEVIN (for himself and Mr. McCain) 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:


[[Page 18351]]

       On page 241, beginning on line 2, strike ``and'' and all 
     that follows through the period at the end of line 6 and 
     insert the following:
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Deputy Chief Management Officer of the Department 
     of Defense.''; and
       (3) by striking paragraph (7), as redesignated by paragraph 
     (1), and inserting the following new paragraph:
       ``(7) The Chief Management Officers of the military 
     departments and the heads of such Defense Agencies as may be 
     designated by the Secretary of Defense.''.
                                 ______
                                 
  SA 5353. Mr. LEVIN (for himself, Mr. McCain, and Mr. Akaka) 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. DIRECTOR OF INDEPENDENT COST ASSESSMENT.

       (a) Director of Independent Cost Assessment.--
       (1) In general.--Chapter 4 of title 10, United States Code, 
     is amended by inserting after section 139a the following new 
     section:

     ``Sec. 139b. Director of Independent Cost Assessment

       ``(a) There is a Director of Independent Cost Assessment in 
     the Department of Defense, appointed by the President, by and 
     with the advice and consent of the Senate. The Director shall 
     be appointed without regard to political affiliation and 
     solely on the basis of fitness to perform the duties of the 
     Director. The Director may be removed from office by the 
     President. The President shall communicate the reasons for 
     any such removal to both Houses of Congress.
       ``(b) The Director is the principal advisor to the 
     Secretary of Defense, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, and the Under 
     Secretary of Defense (Comptroller) on cost estimation and 
     cost analyses for the acquisition programs of the Department 
     of Defense and the principal cost estimation official within 
     the senior management of the Department of Defense. The 
     Director shall--
       ``(1) prescribe, by authority of the Secretary of Defense, 
     policies and procedures for the conduct of cost estimation 
     and cost analysis for the acquisition programs of the 
     Department of Defense;
       ``(2) provide guidance to and consult with the Secretary of 
     Defense, the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, the Under Secretary of Defense 
     (Comptroller), and the Secretaries of the military 
     departments with respect to cost estimation in the Department 
     of Defense in general and with respect to specific cost 
     estimates and cost analyses to be conducted in connection 
     with a major defense acquisition program under chapter 144 of 
     this title or a major automated information system program 
     under chapter 144A of this title;
       ``(3) monitor and review all cost estimates and cost 
     analyses conducted in connection with major defense 
     acquisition programs and major automated information system 
     programs;
       ``(4) conduct independent cost estimates and cost analyses 
     for major defense acquisition programs and major automated 
     information system programs when necessary to ensure that 
     such estimates and analyses are unbiased, fair, and reliable; 
     and
       ``(5) review and make recommendations to the Secretary of 
     Defense on all budgetary and financial matters relating to 
     cost estimation and cost analysis for the acquisition 
     programs of the Department of Defense, including the 
     personnel required to perform such estimates and analyses.
       ``(c)(1) The Director may communicate views on matters 
     within the responsibility of the Director directly to the 
     Secretary of Defense and the Deputy Secretary of Defense 
     without obtaining the approval or concurrence of any other 
     official within the Department of Defense.
       ``(2) The Director shall consult closely with, but the 
     Director and the Director's staff shall be independent of, 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics, the Under Secretary of Defense (Comptroller), 
     and all other officers and entities of the Department of 
     Defense responsible for acquisition and budgeting.
       ``(d)(1) The Secretary of a military department shall 
     report promptly to the Director the results of all cost 
     estimates and cost analyses conducted by the military 
     department and all studies conducted by the military 
     department in connection with cost estimates and cost 
     analyses for major defense acquisition programs of the 
     military department.
       ``(2) The Director may make comments on cost estimates and 
     cost analyses conducted by a military department for a major 
     defense acquisition program, request changes in such cost 
     estimates and cost analyses to ensure that they are fair and 
     reliable, and develop or require the development of 
     independent cost estimates or cost analyses for such program, 
     as the Director determines to be appropriate.
       ``(3) The Director shall have access to any records and 
     data in the Department of Defense (including the records and 
     data of each military department) that the Director considers 
     necessary to review in order to carry out the Director's 
     duties under this section.
       ``(e) The Director shall prepare an annual report 
     summarizing the cost estimation and cost analysis activities 
     of the Department of Defense during the previous year. Each 
     such report shall be submitted concurrently to the Secretary 
     of Defense, the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, the Under Secretary of Defense 
     (Comptroller), and Congress not later than 10 days after the 
     transmission of the budget for the next fiscal year under 
     section 1105 of title 31. The Secretary may comment on any 
     report of the Director to Congress under this subsection.
       ``(f) The President shall include in the budget transmitted 
     to Congress pursuant to section 1105 of title 31 for each 
     fiscal year a separate statement of estimated expenditures 
     and proposed appropriations for that fiscal year for the 
     Director of Independent Cost Assessment in carrying out the 
     duties and responsibilities of the Director under this 
     section.
       ``(g) The Secretary of Defense shall ensure that the 
     Director has sufficient professional staff of military and 
     civilian personnel to enable the Director to carry out the 
     duties and responsibilities of the Director under this 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 4 of such title is amended by inserting 
     after the item relating to section 139a the following new 
     item:

``139b. Director of Independent Cost Assessment.''.
       (b) Transfer of Certain Personnel and Functions.--The 
     personnel and functions of the following entities of the 
     Department of Defense are hereby transferred to the Director 
     of Independent Cost Assessment under section 139b of title 
     10, United States Code (as added by subsection (a)), and 
     shall report directly to the Director:
       (1) The Cost Analysis Improvement Group.
       (2) The cost estimation functions of the Director of 
     Program Analysis and Evaluation.
       (c) Conforming Amendments.--
       (1) Section 2306b(i)(1)(B) of title 10, United States Code, 
     is amended by striking ``Cost Analysis Improvement Group of 
     the Department of Defense'' and inserting ``Director of 
     Independent Cost Assessment''.
       (2) Section 2366a(a)(1)(C) of such title is amended by 
     striking ``have been developed to execute'' and inserting 
     ``have been approved by the Director of Independent Cost 
     Assessment to provide for the execution of''.
       (3) Section 2366b(a)(4) of such title is amended by 
     striking ``has been submitted'' and inserting ``has been 
     approved by the Director of Independent Cost Assessment''.
       (4) Section 2433(e)(2)(B)(iii) of such title is amended by 
     striking ``are reasonable'' and inserting ``have been 
     determined by the Director of Independent Cost Assessment to 
     be reasonable''.
       (5) Subparagraph (A) of section 2434(b)(1) of such title is 
     amended to read as follows:
       ``(A) be prepared or approved by the Director of 
     Independent Cost Assessment; and''.
       (6) Section 2445c(f)(3) of such title is amended by 
     striking ``are reasonable'' and inserting ``have been 
     determined by the Director of Independent Cost Assessment to 
     be reasonable''.
                                 ______
                                 
  SA 5354. Mr. BURR (for himself, Mrs. Clinton, Mr. Alexander, Mr. 
Inhofe, Mr. Wicker, and Mr. Isakson) 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. ACCEPTANCE BY COMMANDERS OF WOUNDED WARRIOR 
                   BATTALIONS OF CHARITABLE GIFTS ON BEHALF OF 
                   WOUNDED MEMBERS OF THE ARMED FORCES ASSIGNED TO 
                   SUCH BATTALIONS.

       (a) In General.--Section 2601(b) of title 10, United States 
     Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) Under regulations prescribed by the Secretary of 
     Defense, the commander in grade O-5 or higher of a unit 
     comprised exclusively of members of the armed forces 
     described in paragraph (1)(B) (as determined without taking 
     into account members of such unit performing command or 
     administrative duties with respect to such unit) may accept, 
     hold, administer, and spend gifts, devises, or bequests of 
     personal property,

[[Page 18352]]

     money, or services for the benefit of the members of the 
     armed forces described in paragraph (1)(B) which comprise 
     such unit.
       ``(B)(i) Except as provided in clause (ii), the amount of 
     any gift, devise, or bequest accepted by the commander of a 
     unit under subparagraph (A) may not exceed $100,000.
       ``(ii) The amount a gift, devise, or bequest accepted by 
     the commander of a unit under subparagraph (A) may exceed 
     $100,000 under such circumstances, if any, as the Secretary 
     of Defense may specify in the regulations prescribed under 
     this paragraph.''.
       (b) Report on Utilization of Authorities.--Not later than 
     18 months after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress a report on the 
     utilization of the authorities provided in paragraph (2) of 
     section 2601(b) of title 10, United States Code (as amended 
     by subsection (a)). The report shall include the following:
       (1) A description of the authorities in paragraph (2) of 
     section 2601(b) of title 10, United States Code (as so 
     amended), including a description of any limitations on such 
     authorities under the regulations required by that paragraph.
       (2) A description of the gifts, devises, and bequests 
     accepted under such authorities, and of the administration 
     and use of any gifts, devises, and bequests so accepted.
       (3) An assessment of the utility of such authorities in 
     assisting commanders of wounded warrior battalions in 
     carrying out the mission of such battalions with respect to 
     members of the Armed Forces assigned to such battalions.
                                 ______
                                 
  SA 5355. Mr. GRAHAM (for himself and Mr. Lieberman) 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 X, add the following:

     SEC. 1041. HABEAS CORPUS REVIEW FOR CERTAIN ENEMY COMBATANTS.

       (a) Short Title.--This section may be cited as the ``Enemy 
     Combatant Detention Review Act of 2008''.
       (b) In General.--Chapter 153 of title 28, United States 
     Code, is amended by striking section 2256, as added by 
     section 250 of the Act of November 6, 1978 (Public Law 95-
     598; 92 Stat. 2672), and inserting the following:

     ``Sec. 2256. Habeas corpus review for certain enemy 
       combatants

       ``(a) Definitions.--In this section--
       ``(1) the term `attorney for the Government' means the 
     attorney representing the United States in a habeas corpus 
     proceeding under this section;
       ``(2) the term `covered individual' means an individual 
     who--
       ``(A) has been determined by a Combatant Status Review 
     Tribunal to be an enemy combatant (pursuant to the definition 
     employed by that tribunal) or is awaiting the determination 
     of such a tribunal;
       ``(B) is in the custody of the United States at Guantanamo 
     Bay, Cuba on or after the date of the enactment of the Enemy 
     Combatant Detention Review Act of 2008; and
       ``(C) is not a citizen of the United States or an alien 
     admitted for permanent residence in the United States; and
       ``(3) the term `enemy combatant' means a person who has 
     engaged in hostilities or who has purposefully and materially 
     supported hostilities against the United States or its 
     cobelligerents on behalf of the Taliban, al Qaeda, or 
     associated forces.
       ``(b) Statement of Authority.--
       ``(1) In general.--Congress reaffirms that the United 
     States is in an armed conflict with al Qaeda, the Taliban, 
     and associated forces and that those entities continue to 
     pose a threat to the United States and its citizens, both 
     domestically and abroad.
       ``(2) Authority.--Congress reaffirms that the President is 
     authorized to detain enemy combatants in connection with the 
     continuing armed conflict with al Qaeda, the Taliban, and 
     associated forces, regardless of the place of capture, until 
     the termination of hostilities.
       ``(3) Rule of construction.--The authority under this 
     section shall not be construed to alter or limit the 
     authority of the President under the Constitution of the 
     United States to detain combatants in the continuing armed 
     conflict with al Qaeda, the Taliban, and associated forces, 
     or in any other armed conflict.
       ``(c) Jurisdiction and Venue.--
       ``(1) In general.--The United States District Court for the 
     District of Columbia (in this section referred to as the 
     `District Court') shall have exclusive jurisdiction of, and 
     shall be the exclusive venue for consideration of, all 
     applications for habeas corpus by or on behalf of any covered 
     individual that is pending on or filed on or after the date 
     of the enactment of the Enemy Combatant Detention Review Act 
     of 2008.
       ``(2) Scope of jurisdiction.--An application for habeas 
     corpus filed under paragraph (1) by or on behalf of a covered 
     individual--
       ``(A) may challenge the legality of the continued detention 
     of the covered individual; and
       ``(B) may not include any other claim relating to the 
     detention, transfer, treatment, trial, or conditions of 
     confinement of the covered individual or any other action 
     against the United States or its agents.
       ``(3) Consolidated motions practice.--All applications for 
     a writ of habeas corpus by or on behalf of a covered 
     individual that are pending on or after the date of the 
     enactment of the Enemy Combatant Detention Review Act of 2008 
     shall be consolidated before the Chief Judge of the District 
     Court or a designee of the Chief Judge for consolidated 
     proceedings and determinations on common questions of fact or 
     law, including questions concerning the procedures to be 
     conducted on the applications.
       ``(4) Transfer.--Consistent with section 1403(a) of this 
     title, any court of the United States shall transfer a case 
     within the exclusive jurisdiction of the District Court.
       ``(d) Procedures.--
       ``(1) Status of covered individual.--
       ``(A) In general.--In a proceeding instituted by an 
     application for habeas corpus by or on behalf of a covered 
     individual under subsection (c)(1), the burden shall be on 
     the Government to submit a return in the form of a written 
     declaration describing the factual basis upon which the 
     Government is detaining the covered individual. Any evidence 
     relied upon by the Government in its declaration shall be 
     subject to a rebuttable presumption with respect to the 
     competency and authenticity of such evidence.
       ``(B) Presumption.--Upon a determination that the 
     Government's return shows credible evidence that the covered 
     individual is an enemy combatant, there shall be a rebuttable 
     presumption that the covered individual is an enemy 
     combatant. The covered individual shall have the burden of 
     rebutting the presumption that the covered individual is an 
     enemy combatant by a showing of more persuasive evidence. The 
     covered individual shall present such evidence in the form of 
     a written declaration.
       ``(C) Rebuttal of presumption.--If a covered individual 
     presents evidence sufficient to rebut the presumption under 
     subparagraph (B), the District Court may hold an evidentiary 
     hearing on any disputed matter. In a hearing under this 
     subparagraph, the court shall hear evidence and make findings 
     of fact by a preponderance of the evidence.
       ``(2) Discovery.--
       ``(A) Scope of discovery.--Subject to subparagraph (B), a 
     covered individual may request from the Government as the 
     discovery relating to a habeas corpus proceeding under this 
     section, and if requested by a covered individual, the 
     Government shall provide--
       ``(i) any documents or objects directly and specifically 
     referenced in the return submitted by the Government;
       ``(ii) any evidence known to the attorney for the 
     Government that tends materially to undermine evidence 
     presented in the return submitted by the Government;
       ``(iii) all statements, whether oral, written, or recorded, 
     made or adopted by the covered individual that are known to 
     the attorney for the Government and directly related to the 
     information in the return submitted by the Government.
       ``(B) Protection of national security information.--
       ``(i) Generally.--Classified information shall be protected 
     and is privileged from disclosure in habeas corpus 
     proceedings relating to a covered individual. The rule under 
     this subparagraph applies to all stages of any proceeding 
     relating to an application for habeas corpus filed under 
     subsection (c)(1).
       ``(ii) Substitute.--If any information described in 
     subparagraph (A) is classified, the attorney for the 
     Government shall either--

       ``(I) provide the covered individual with an adequate 
     substitute, to the extent practicable and consistent with 
     national security; or
       ``(II) make the classified information available to 
     properly cleared counsel for the covered individual.

       ``(iii) Nondisclosure of classified information.--Under no 
     circumstances shall the Government be required to provide a 
     covered individual, or any other person detained as an enemy 
     combatant, with access to classified information as part of a 
     habeas corpus proceeding under this section.
       ``(iv) Sources and methods.--The Government shall not be 
     required to disclose to anyone outside the Government the 
     classified sources, methods, or activities by which the 
     Government acquired information described in subparagraph 
     (A). The District Court may require the Government to 
     present, to the extent practicable and consistent with 
     national security, an unclassified summary of the sources, 
     methods, or activities by which the Government acquired such 
     information.
       ``(v) Order.--Upon motion of the Government, the District 
     Court shall issue an order to protect against the disclosure 
     of any classified information.
       ``(vi) Ex parte and in camera review.--If the Government 
     seeks to protect classified information from disclosure 
     pursuant to the protections of this subparagraph, the court 
     may review the Government's submission ex parte and in 
     camera.

[[Page 18353]]

       ``(vii) Interlocutory appeal.--The Government may take an 
     interlocutory appeal from a decision of the District Court 
     relating to the disclosure of classified information subject 
     to the same expedited procedures that would apply to such an 
     appeal pursuant to section 7 of the Classified Information 
     Procedures Act (18 U.S.C. App.).
       ``(3) Witness production.--
       ``(A) In general.--To the maximum extent possible, habeas 
     corpus proceedings shall be decided on the basis of a written 
     return and a written declaration. The rules concerning the 
     admissibility of evidence in civil or criminal trials shall 
     not apply to the presentation and consideration of 
     information at any evidentiary hearing under this section. 
     The District Court may consider any reliable and probative 
     evidence, including hearsay from military, intelligence, and 
     law enforcement sources.
       ``(B) Basis for in-person testimony.--The District Court 
     may grant a motion for oral testimony relating to an 
     evidentiary hearing pursuant to paragraph (1)(C) only if the 
     court finds by clear and convincing evidence that military 
     and intelligence operations would not be harmed by the 
     production of the witness and oral testimony would be likely 
     to provide a material benefit to the resolution by the court 
     of the disputed matter.
       ``(4) Attorneys.--
       ``(A) In general.--The covered individual shall be 
     represented by an attorney if the attorney--
       ``(i) is retained by the covered individual or appointed by 
     the District Court;
       ``(ii) has been determined to be eligible for access to 
     classified information that is classified at the level Secret 
     or higher, as required; and
       ``(iii) has signed a written agreement to comply with all 
     applicable regulations or instructions for attorneys in 
     habeas corpus proceedings before the District Court, 
     including any rules of court for conduct during the 
     proceedings.
       ``(B) Classified information.--Any attorney for a covered 
     individual--
       ``(i) shall protect any classified information received 
     during the course of representation of the covered individual 
     in accordance with all applicable law governing the 
     protection of classified information; and
       ``(ii) may not divulge such information to any person not 
     authorized to receive it.
       ``(5) Video hearings.--The District Court shall not require 
     the presence of a covered individual detained at Guantanamo 
     Bay, Cuba, or elsewhere, for the purpose of any proceeding 
     under this section, including an evidentiary hearing pursuant 
     to paragraph (1)(C), although the District Court in its 
     discretion may permit a detainee to participate from 
     Guantanamo Bay, Cuba, in certain proceedings through 
     available technological means, if appropriate and consistent 
     with the procedures for the protection of classified 
     information and national security under this section.
       ``(e) Exhaustion of Military Commission Procedures.--
       ``(1) Stay of applications pending other proceedings.--Any 
     application for habeas corpus that is pending on or after the 
     date of the enactment of the Enemy Combatant Detention Review 
     Act of 2008 by or on behalf of a covered individual against 
     whom charges have been sworn under chapter 47A of title 10 
     shall be stayed pending resolution of the proceedings under 
     chapter 47A of title 10.
       ``(2) Habeas procedures for persons convicted by final 
     judgment of a military commission.--
       ``(A) In general.--Subject to the restrictions under 
     sections 950g and 950j of title 10, an application for a writ 
     of habeas corpus on behalf of a covered individual in custody 
     pursuant to a final judgment of a military commission shall 
     not be granted unless the applicant has exhausted the 
     remedies available under chapter 47A of title 10.
       ``(B) Failure to exhaust.--An application for a writ of 
     habeas corpus by a covered individual may be denied on the 
     merits, notwithstanding the failure of the applicant to 
     exhaust the remedies available under chapter 47A of title 10.
       ``(C) Remedies not exhausted.--A covered individual shall 
     not be determined to have exhausted the remedies available 
     under chapter 47A of title 10, within the meaning of this 
     section, if the covered individual has the right under 
     chapter 47A of title 10 to raise, by any available procedure, 
     the question presented in an application for a writ of habeas 
     corpus.
       ``(D) Limitations.--An application for a writ of habeas 
     corpus on behalf of a covered individual in custody pursuant 
     to the judgment of a military commission shall not be granted 
     with respect to any claim that was adjudicated on the merits 
     in military commission proceedings under chapter 47A of title 
     10 or that could have been raised before the military 
     commission, except where the commission was without 
     jurisdiction to impose such a judgement.
       ``(E) Scope of review.--Subject to the restrictions under 
     subparagraph (D), in reviewing any other claim on an 
     application for a writ of habeas corpus on behalf of a 
     covered individual in custody pursuant to the sentence of a 
     military commission, the District Court shall apply the same 
     deference applicable to a court reviewing an application on 
     behalf of a person in custody pursuant to the sentence of a 
     court martial.
       ``(f) Limits on Second or Successive Applications.--
       ``(1) In general.--A claim presented in a second or 
     successive application for habeas corpus under this section 
     that was presented in a prior application shall be dismissed.
       ``(2) Claims not included in prior application.--A claim 
     presented in a second or successive application for habeas 
     corpus under this section that was not presented in a prior 
     application shall be dismissed unless the--
       ``(A) factual predicate for the claim could not have been 
     discovered previously through the exercise of due diligence; 
     and
       ``(B) facts underlying the claim, if proven and viewed in 
     light of the evidence as a whole, would be sufficient to 
     establish by clear and convincing evidence that no reasonable 
     factfinder would have found that the covered individual was 
     lawfully detained.
       ``(3) Procedures for second and successive applications.--
       ``(A) In general.--The District Court may only consider a 
     second or successive application for habeas corpus under this 
     section if the court determines that the covered individual 
     makes a prima facie showing that the application satisfies 
     the requirements under paragraph (2) for consideration of a 
     second or successive application for habeas corpus.
       ``(B) Appeal.--The Government may take an interlocutory 
     appeal from a decision by the District Court to grant 
     consideration of a second or successive habeas corpus 
     application under this paragraph to the United States Court 
     of Appeals for the District of Columbia Circuit. The District 
     Court shall stay proceedings pending the decision on an 
     interlocutory appeal.
       ``(g) Release.--
       ``(1) Covered individuals ordered released.--
       ``(A) In general.--No court shall order the release of a 
     covered individual into the United States.
       ``(B) Visas and immigration.--The Secretary of State shall 
     not issue any visa and the Secretary of Homeland Security 
     shall not admit or provide any type of status to a covered 
     individual described in subparagraph (A) that may permit the 
     covered individual to enter or be admitted to the United 
     States.
       ``(C) Waiver.--The President, in the sole discretion of the 
     President, may waive the restrictions under subparagraph (A) 
     or (B), in whole or in part, upon a finding that the waiver 
     of such restriction would be consistent with the national 
     security of the United States.
       ``(2) Transfer.--
       ``(A) In general.--If the District Court grants an 
     application for a writ of habeas corpus and orders the 
     release of a covered individual, the covered individual shall 
     be released into the custody of the Secretary of Homeland 
     Security for the purpose of transferring the individual to 
     the country of citizenship of the individual or to another 
     country.
       ``(B) Transfer.--An individual in the custody of the 
     Secretary of Homeland Security pursuant to subparagraph (A) 
     shall be housed separately from aliens detained as enemy 
     combatants by the Department of Defense and in a manner 
     consistent with safety and security of United States 
     personnel. A transfer made pursuant to subparagraph (A) shall 
     be effected as expeditiously as possible and in a manner that 
     is consistent with the policy set out in section 2242 of the 
     1998 Foreign Relations Authorization Act, Fiscal Years 1998 
     and 1999 (subdivision B of division G of Public Law 105-277; 
     8 U.S.C. 1231 note), and with the national security interests 
     of the United States.''.
       (c) Technical and Conforming Amendments.--
       (1) In general.--Section 2241 of title 28, United States 
     Code, is amended by striking subsection (e).
       (2) Table of sections.--The table of sections for chapter 
     153 of title 28, United States Code, is amended by striking 
     the item relating to section 2256, as added by section 250 of 
     the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 
     2672), and inserting the following:

``2256. Habeas corpus review for certain enemy combatants.''.
       (3) Detainee treatment act of 2005.--Section 1005(e) of the 
     Detainee Treatment Act of 2005 (10 U.S.C. 801 note) is 
     amended by striking paragraph (2).
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act, and shall apply to all cases, without 
     exception, pending on or after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 5356. Mr. CHAMBLISS (for himself and 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:


[[Page 18354]]

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

     SEC. 652. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE 
                   ARMED FORCES WHO AGREE TO SERVE IN THE SELECTED 
                   RESERVE.

       (a) Provision of Transitional Health Care.--Section 
     1145(a)(2) of title 10, United States Code, is amended by 
     adding at the end the following new subparagraph:
       ``(F) A member who is separated from active duty who agrees 
     to become a member of the Selected Reserve of the Ready 
     Reserve of a reserve component.''.
       (b) Effective Date.--Subparagraph (E) of section 1145(a)(2) 
     of title 10, United States Code, as added by subsection (a), 
     shall apply with respect to members of the Armed Forces who 
     are separated from active duty after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 5357. Mr. ENSIGN 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 of 
     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) A description of proposed efforts to improve the 
     increased distribution of units geographically across the 
     United States.
       (5) A description of proposed efforts to increase 
     distribution of units in educationally and economically 
     deprived areas.
       (6) A description of proposed 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 updated report annually thereafter 
     containing (at a minimum) the information specified in 
     subsection (d) until the number of units of the Junior 
     Reserve Officers' Training Corps specified in subsection (a) 
     is achieved.
                                 ______
                                 
  SA 5358. Mr. ENSIGN (for himself and Mr. Brownback) 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:

       Strike section 1221.

                                 ______
                                 
  SA 5359. Mr. BROWNBACK 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 45, strike line 2 and insert the following:
       (2) assess any lessons learned from the design, 
     development, and construction of the Airborne Laser system 
     that could improve the operational effectiveness, suitability 
     and survivability, or the affordability, of any future 
     system; and

       On page 45, line 3, strike ``(2)'' and insert ``(3)''.

       On page 45, line 18, insert before the period the 
     following: ``relative to the ballistic missile threat posed 
     by North Korea, Iran, and other countries with active 
     ballistic missile development and fielding programs''.
                                 ______
                                 
  SA 5360. Mr. BROWNBACK 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 XII, add the following:

     SEC. 1233. ANNUAL REPORT ON MILITARY POWER OF IRAN.

       (a) Annual Report Required.--
       (1) In general.--Not later than March 1 each year, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report on the current and future 
     military and security strategy of Iran.
       (2) General scope of reports.--Each report shall address 
     the current and probable future course of military-
     technological development of the Iran military and the tenets 
     and probable development of the grand strategy, security 
     strategy, and military strategy, and of military 
     organizations and operational concepts, of Iran during the 
     20-year period beginning on the date of such report.
       (3) Form.--Each report shall be submitted in both 
     unclassified and classified form.
       (b) Elements.--Each report under this section shall include 
     analyses and forecasts with respect to the following:
       (1) The goals of the grand strategy, security strategy, and 
     military strategy of Iran during the 20-year period beginning 
     on the date of such report, and the relationship between such 
     strategies and the current security situation in the Middle 
     East and Central and South Asia.
       (2) The size, location, and capabilities of the land, sea, 
     air, and irregular forces of Iran, including the Artesh, the 
     Iranian Revolutionary Guard Corps (IRGC), the Qods Force of 
     the Iranian Revolutionary Guard Corps, Lebanese Hezbollah, 
     and any other force controlled by the Iran or receiving funds 
     or training from the Iran.
       (3) Developments in and the capabilities of the ballistic 
     missile, nuclear, and chemical and biological weapons 
     programs of Iran.
       (4) The degree to which Iran depends on unconventional, 
     irregular, or asymmetric capabilities to achieve its 
     strategic goals.
       (5) The irregular warfare capabilities of Iran, including 
     the exploitation of asymmetric strategies and related weapons 
     and technology, the use of covert forces, the use of proxy 
     forces, support for terrorist organizations, and strategic 
     communications efforts.
       (6) Efforts by Iran to develop, acquire, or gain access to 
     information, communication, nuclear, and other advanced 
     technologies that would enhance its military capabilities.
       (7) The nature and significance of any arms, munitions, 
     military equipment, or military or dual-use technology 
     acquired by Iran from outside Iran, including from a foreign 
     government or terrorist organization, or provided by Iran to 
     any foreign government or terrorist organization.
       (8) The nature and significance of any bilateral or 
     multilateral security or defense-related cooperation 
     agreements, whether formal or informal, between Iran and any 
     foreign government or terrorist organization.
       (9) Expenditures by Iran on each of the following:
       (A) The security forces of Iran, whether regular and 
     irregular, including the Artesh, the Iranian Revolutionary 
     Guard Corps, and the Qods Force of the Iranian Revolutionary 
     Guard Corps.
       (B) The programs of Iran relating to weapons of mass 
     destruction.
       (C) Support provided to terrorist groups, insurgent groups, 
     irregular proxy forces, and related activities.
       (D) Bilateral military aid.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and

[[Page 18355]]

       (2) the Committee on Armed Services and the Committee on 
     International Relations of the House of Representatives.
                                 ______
                                 
  SA 5361. Mr. BROWNBACK 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 III, add the following:

     SEC. 344. SENSE OF SENATE ON EXPEDITIONARY MEDICAL SUPPORT 
                   PACKAGES.

       It is the sense of the Senate that--
       (1) Expeditionary Medical Support (EMEDS) packages are an 
     important part of the disaster response capabilities provided 
     by the Department of Defense; and
       (2) Department plans for civil support missions should 
     identify how Expeditionary Medical Support packages will be 
     transported rapidly enough to meet medical surge schedules at 
     any disaster site.
                                 ______
                                 
  SA 5362. Mr. COLEMAN 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 356, between lines 12 and 13, insert the following:

     SEC. 1222. RESTRICTIONS ON ENTERING INTO AGREEMENT FOR 
                   NUCLEAR COOPERATION WITH RUSSIA.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to any other sanction in effect, 
     beginning on the date that is 15 days after the date of the 
     enactment of this Act and until the President makes the 
     certification described in subsection (c), the restrictions 
     described in subsection (b) shall apply with respect to 
     Russia.
       (b) Restrictions.--The restrictions referred to in 
     subsection (a) are the following:
       (1) Nuclear cooperation agreements.--The United States may 
     not enter into an agreement for cooperation with Russia 
     pursuant to section 123 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2153).
       (2) Licenses to export nuclear material, facilities, or 
     components.--The United States may not issue a license to 
     export directly or indirectly to Russia any nuclear material, 
     facilities, components, or other goods, services, or 
     technology that would be subject to an agreement under 
     section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153).
       (3) Transfers of nuclear material, facilities, or 
     components.--The United States may not approve the transfer 
     or retransfer directly or indirectly to Russia of any nuclear 
     material, facilities, components, or other goods, services, 
     or technology that would be subject to an agreement under 
     section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153).
       (c) Certification.--The certification referred to in 
     subsection (a) is a certification made by the President to 
     Congress that--
       (1) either--
       (A) Russia has suspended all nuclear assistance to Iran and 
     all transfers of advanced conventional weapons and missiles 
     to Iran, including the SA-20 system; or
       (B) Iran has completely, verifiably, and irreversibly 
     dismantled all nuclear enrichment-related and reprocessing-
     related programs; and
       (2) all Russian forces have been withdrawn from the 
     undisputed territory of the sovereign state of Georgia and 
     Russia has complied with its obligations under the cease-fire 
     agreement signed on August 15, 2008.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed as interfering with or preventing cooperation 
     between the United States and Russia on Cooperative Threat 
     Reduction programs.
                                 ______
                                 
  SA 5363. Mr. LEAHY 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. PROHIBITION OF WAR PROFITEERING.

       (a) Prohibition.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1040. War profiteering and fraud

       ``(a) Prohibition.--Whoever, in any matter involving a 
     contract with, or the provision of goods or services to, the 
     United States or a provisional authority, in connection with 
     a mission of the United States Government overseas, 
     knowingly--
       ``(1)(A) executes or attempts to execute a scheme or 
     artifice to defraud the United States or that authority; or
       ``(B) materially overvalues any good or service with the 
     intent to defraud the United States or that authority;
     shall be fined not more than $1,000,000 or imprisoned not 
     more than 20 years, or both; or
       ``(2) in connection with the contract or the provision of 
     those goods or services--
       ``(A) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(B) makes any materially false, fictitious, or fraudulent 
     statements or representations; or
       ``(C) makes or uses any materially false writing or 
     document knowing the same to contain any materially false, 
     fictitious, or fraudulent statement or entry;
     shall be fined not more than $1,000,000 or imprisoned not 
     more than 10 years, or both.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Table of sections.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:

``1040. War profiteering and fraud.''.

       (b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1040''.
       (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting ``section 1040 
     (relating to war profiteering and fraud),'' after 
     ``liquidating agent of financial institution),''.
       (d) RICO.--Section 1961(1) of title 18, United States Code, 
     is amended by inserting ``section 1040 (relating to war 
     profiteering and fraud),'' after ``in connection with access 
     devices),''.
                                 ______
                                 
  SA 5364. Mr. LIEBERMAN (for himself, Ms. Collins, and Mrs. McCaskill) 
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:

       Strike section 833 and insert the following:

     SEC. 833. INFORMATION FOR FEDERAL GOVERNMENT CONTRACTOR 
                   EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulation 
     shall be amended to prescribe a policy for informing 
     employees of a contractor of an executive agency of their 
     whistleblower rights and protections under section 265 of 
     title 41, United States Code, or section 2409 of title 10, 
     United States Code, as applicable, as implemented by subpart 
     3.9 of part I of title 48, Code of Federal Regulations.
       (b) Elements.--The regulations required by subsection (a) 
     shall include requirements as follows:
       (1) Employees of contractors shall be notified in writing 
     of the provisions of section 265 of title 41, United States 
     Code, or the provisions of section 2409 of title 10, United 
     States Code, as applicable.
       (2) Notice to employees of contractors under paragraph (1) 
     shall state that the restrictions imposed by any employee 
     agreement or nondisclosure agreement shall not supersede, 
     conflict with, or otherwise alter the employee rights created 
     by section 265 of title 41, United States Code (or the 
     regulations implementing such section), or the employee 
     rights created by section 2409 of title 10, United States 
     Code (or the regulations implementing such section), as 
     applicable.
       (c) Contractor Defined.--In this section, the term 
     ``contractor''--
       (1) in the case of the Department of Defense or any other 
     agency covered by section 2409 of title 10, United States 
     Code, has the meaning given that term in section 2409(e)(4) 
     of such title; and
       (2) in the case of any other executive agency, has the 
     meaning given that term in section 265(e)(2) of title 41, 
     United States Code.
                                 ______
                                 
  SA 5365. Mr. LIEBERMAN (for himself and Ms. Collins) 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

[[Page 18356]]

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

       Strike section 832 and insert the following:

     SEC. 832. ETHICS SAFEGUARDS FOR EMPLOYEES UNDER CERTAIN 
                   CONTRACTS FOR THE PERFORMANCE OF ACQUISITION 
                   FUNCTIONS CLOSELY ASSOCIATED WITH INHERENTLY 
                   GOVERNMENTAL FUNCTIONS.

       (a) Ethics Safeguards.--
       (1) Contract clause required.--Not later than 180 days 
     after the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be amended to require that each 
     contract (or task or delivery order) in excess of $500,000 
     that calls for the performance of acquisition functions 
     closely associated with inherently governmental functions for 
     or on behalf of an executive agency shall include a contract 
     clause addressing financial conflicts of interests of 
     contractor employees who will be responsible for the 
     performance of such functions.
       (2) Contents of contract clause.--The contract clause 
     required by paragraph (1) shall, at a minimum--
       (A) require the contractor to prohibit any employee of the 
     contractor from performing any functions described in 
     paragraph (1) under such a contract (or task or delivery 
     order) relating to a program, company, contract, or other 
     matter in which the employee (or a member of the employee's 
     immediate family) has a financial interest without the 
     express written approval of the contracting officer;
       (B) require the contractor to obtain, review, update, and 
     maintain as part of its personnel records a financial 
     disclosure statement from each employee assigned to perform 
     functions described in subparagraph (A) under such a contract 
     (or task or delivery order) that is sufficient to enable the 
     contractor to ensure compliance with the requirements of 
     subparagraph (A);
       (C) require the contractor to prohibit any employee of the 
     contractor who is responsible for performing functions 
     described in subparagraph (A) under such a contract (or task 
     or delivery order) relating to a program, company, contract, 
     or other matter from accepting a gift from the affected 
     company or from an individual or entity that has a financial 
     interest in the program, contract, or other matter;
       (D) require the contractor to prohibit contractor personnel 
     who have access to non-public government information obtained 
     while performing work on such a contract (or task or delivery 
     order) from using such information for personal gain;
       (E) require the contractor to take appropriate disciplinary 
     action in the case of employees who fail to comply with 
     prohibitions established pursuant to this section;
       (F) require the contractor to promptly report any failure 
     to comply with the prohibitions established pursuant to this 
     section to the contracting officer for the applicable 
     contract or contracts;
       (G) include appropriate definitions of the terms 
     ``financial interest'' and ``gift'' that are similar to the 
     definitions in statutes and regulations applicable to Federal 
     employees;
       (H) establish appropriate contractual penalties for 
     failures to comply with the requirements of subparagraphs (A) 
     through (F); and
       (I) provide such additional safeguards, definitions, and 
     exceptions as may be necessary to safeguard the public 
     interest.
       (3) Definitions.--In this subsection:
       (A) The term ``executive agency'' has the meaning given 
     that term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
       (B) The term ``functions closely associated with inherently 
     governmental functions'' means the functions described in 
     section 7.503(d) of the Federal Acquisition Regulation, or 
     any successor regulation.
       (b) Personal Conflicts of Interest.--
       (1) Review of far regarding personal conflicts of 
     interest.--Not later than 12 months after the date of the 
     enactment of this Act, the Administrator for Federal 
     Procurement Policy, in consultation with the Director of the 
     Office of Government Ethics, shall review the Federal 
     Acquisition Regulation to determine whether revisions to the 
     Federal Acquisition Regulation are necessary to address 
     personal conflicts of interest by contractor employees with 
     respect to contracts other than contracts described in 
     subsection (a)(1).
       (2) Revisions of far.--If the Administrator determines 
     pursuant to the review under paragraph (1) that revisions to 
     the Federal Acquisition Regulation are necessary to address 
     personal conflicts of interest described in that paragraph, 
     the Administrator shall work with the Federal Acquisition 
     Regulatory Council to prescribe appropriate revisions to the 
     Federal Acquisition Regulation for that purpose.
       (3) Report.--Not later than March 1, 2010, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report setting forth the findings and 
     determinations of the Administrator as a result of the review 
     under paragraph (1), together with an assessment of any 
     revisions to the Federal Acquisition Regulation that may be 
     necessary to address personal conflicts of interest described 
     in that paragraph.
       (c) Organizational Conflicts of Interest.--
       (1) Review of far regarding organizational conflicts of 
     interest.--Not later than 12 months after the date of the 
     enactment of this Act, the Administrator for Federal 
     Procurement Policy shall review the Federal Acquisition 
     Regulation to determine whether revisions to the Federal 
     Acquisition Regulation are necessary to achieve sufficiently 
     rigorous, comprehensive, and uniform government-wide policies 
     to prevent and mitigate organizational conflicts of interest 
     in Federal contracting.
       (2) Revisions of far.--If the Administrator determines 
     pursuant to the review under paragraph (1) that revisions to 
     the Federal Acquisition Regulation are necessary to achieve 
     the policies described in that paragraph, the Administrator 
     shall work with the Federal Acquisition Regulatory Council to 
     prescribe appropriate revisions to the Federal Acquisition 
     Regulation for that purpose.
       (3) Report.--Not later than March 1, 2010, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report setting forth the findings and 
     determinations of the Administrator as a result of the review 
     under paragraph (1), together with an assessment of any 
     revisions to the Federal Acquisition Regulation that may be 
     necessary to achieve the policies described in that 
     paragraph.
       (d) Best Practices Regarding Conflicts of Interest.--The 
     Administrator for Federal Procurement Policy shall, in 
     consultation with the Director of the Office of Government 
     Ethics, develop and maintain a repository of best practices 
     relating to the prevention and mitigation of organizational 
     and personal conflicts of interest in Federal contracting.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
                                 ______
                                 
  SA 5366. 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:

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

       (a) Evidence Substantiating Occurrence of Reprisal.--
     Subsection (b) of section 2409 of title 10, United States 
     Code, is 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.''.
       (b) 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.''.
       (c) Clarification of Recourse to Judicial Review.--
     Paragraph (5) of subsection (c) of such section is amended by 
     striking ``Any

[[Page 18357]]

     person'' and inserting ``Except in the case of a complainant 
     who brings an action under paragraph (2), any person''.
                                 ______
                                 
  SA 5367. Mr. CONRAD 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. REPORT ON BONUSES AND INCENTIVES FOR RECRUITMENT 
                   AND RETENTION OF MEMBERS OF THE AIR FORCE IN 
                   NUCLEAR CAREER FIELDS.

       (a) Report Required.--Not later than March 1, 2009, the 
     Secretary of the Air Force shall submit to the congressional 
     defense committees a report assessing the feasibility, 
     advisability, utility, and cost effectiveness of establishing 
     new retention bonuses or assignment incentive pay for members 
     of the Air Force involved in the operation, maintenance, 
     handling, and security of nuclear weapons in order to enhance 
     the recruitment and retention of such members.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of current reenlistment rates, set forth 
     by Air Force Specialty Code, of members of the Air Force 
     serving in positions involving the operation, maintenance, 
     handling, and security of nuclear weapons.
       (2) A description of the current personnel fill rate for 
     Air Force units involved in the operation, maintenance, 
     handling, and security of nuclear weapons.
       (3) An assessment of whether additional retention bonuses 
     or assignment incentive pay could help to improve retention 
     by the Air Force of skilled personnel in the positions 
     described in paragraph (1).
       (4) An assessment of whether assignment incentive pay 
     should be provided for members of the Air Force covered by 
     the Personnel Reliability Program.
       (5) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 5368. Mr. LIEBERMAN (for himself, Mr. Graham, Mr. McCain, Mr. 
McConnell, Mr. Alexander, Mr. Allard, Mr. Bond, Mr. Bennett, Mr. 
Brownback, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. Ensign, Mr. Domenici, 
Mr. Enzi, Mrs. Hutchison, Mr. Isakson, Mr. Thune, Mr. Kyl, Mr. Wicker, 
Mr. Roberts, Mr. Chambliss, Mrs. Dole, Mr. Burr, Mr. Martinez, Mr. 
Stevens, Mr. Coburn, and Mr. Barrasso) 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 activies 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 STRATEGIC SUCCESS OF 
                   THE TROOP SURGE IN IRAQ AND THE MEMBERS OF THE 
                   UNITED STATES ARMED FORCES WHO MADE THAT 
                   SUCCESS POSSIBLE.

       (a) Findings.--The Senate makes the following findings:
       (1) By the end of 2006, it had become clear that, despite 
     exceptional efforts and sacrifices on the part of the United 
     States Armed Forces in Iraq, the United States was pursuing a 
     failed strategy in Iraq.
       (2) By the end of 2006, large-scale sectarian violence was 
     accelerating throughout Iraq, al Qaeda had established 
     significant safe havens there, militias sponsored by the 
     Government of Iran had seized effective control of large 
     swaths of Iraq, and the Government of Iraq was suffering from 
     political paralysis.
       (3) By the end of 2006, insurgents and death squads were 
     killing more than 3,000 civilians in Iraq each month and 
     coalition forces were sustaining more than 1,200 attacks each 
     week.
       (4) In December 2006, the Iraq Study Group warned that 
     ``the United States is facing one of its most difficult and 
     significant international challenges in decades'' in Iraq and 
     that ``Iraq is vital to regional and even global stability, 
     and is critical to U.S. interests''.
       (5) In December 2004, Osama bin Laden said the following of 
     the war in Iraq: ``The most important and serious issue today 
     for the whole world is this Third World War. . . . The 
     world's millstone and pillar is Baghdad, the capital of the 
     caliphate.''.
       (6) On January 10, 2007, in an address to the Nation, 
     President George W. Bush acknowledged that the situation in 
     Iraq was ``unacceptable'' and announced his intention to put 
     in place a new strategy, subsequently known as ``the surge''.
       (7) President Bush nominated and the Senate confirmed 
     General David H. Petraeus as the Commander of Multi-National 
     Forces--Iraq, a position he assumed on February 10, 2007.
       (8) General Petraeus, upon assuming command, and in 
     partnership with Lieutenant General Raymond Odierno, the 
     Commander of Multi-National Corps--Iraq, and United States 
     Ambassador to Iraq Ryan Crocker, developed a comprehensive 
     civil-military counterinsurgency campaign plan to reverse 
     Iraq's slide into chaos, defeat the enemies of the United 
     States in Iraq, and, in partnership with the Iraqi Security 
     Forces and the Government of Iraq, reestablish security 
     across the country.
       (9) Under the previous strategy, the overwhelming majority 
     of United States combat forces were concentrated on a small 
     number of large forward operating bases and were not assigned 
     the mission of providing security for the people of Iraq 
     against insurgents, terrorists, and militia fighters, in part 
     because there were insufficient members of the United States 
     Armed Forces in Iraq to do so.
       (10) As an integral component of the surge, approximately 5 
     additional United States Army brigades and 2 United States 
     Marine Corps battalions were deployed to Iraq.
       (11) As an integral component of the surge, members of the 
     United States Armed Forces were deployed out of large forward 
     operating bases onto small bases throughout Baghdad and other 
     key population centers, partnering with the Iraqi Security 
     Forces to provide security for the local population against 
     insurgents, terrorists, and militia fighters.
       (12) Additional members of the United States Armed Forces 
     began moving into Iraq in January 2007 and reached full 
     strength in June 2007.
       (13) As a consequence of the additional forces needed in 
     Iraq, in April 2007 the United States Army added 3 months to 
     the standard year-long tour for all active duty soldiers in 
     Iraq and Afghanistan, and the United States Marine Corps 
     added 3 months to the standard 6-month tour for all active 
     duty Marines in Iraq and Afghanistan.
       (14) As an integral component of the surge, members of the 
     United States Armed Forces began simultaneous and successive 
     offensive operations, in partnership with the Iraqi Security 
     Forces, of unprecedented breadth, continuity, and 
     sophistication, striking multiple enemy safe havens and lines 
     of communication at the same time.
       (15) As an integral component of the surge, additional 
     members of the United States Armed Forces were deployed to 
     Anbar province to provide essential support to the nascent 
     tribal revolt against al Qaeda in that province.
       (16) Those additional members of the United States Armed 
     Forces played a critical role in the success and spread of 
     anti-Qaeda Sunni tribal groups in Anbar province and 
     subsequently in other regions of Iraq.
       (17) Since the start of the surge in January 2007, there 
     have been marked and hopeful improvements in almost every 
     political, security, and economic indicator in Iraq.
       (18) In 2007, General Petraeus described Iraq as ``the 
     central front of al Qaeda's global campaign''.
       (19) In 2008, as a consequence of the success of the surge, 
     al Qaeda has been dealt what Director of Central Intelligence 
     Michael Hayden assesses as a ``near strategic defeat'' in 
     Iraq.
       (20) As a consequence of the success of the surge, militias 
     backed by the Government of Iran have been routed from major 
     population centers in Iraq and no longer control significant 
     swaths of territory.
       (21) As a consequence of the success of the surge, 
     sectarian violence in Iraq has fallen dramatically and has 
     been almost entirely eliminated.
       (22) As a consequence of the success of the surge, overall 
     insurgent attacks have fallen by approximately 80 percent 
     since June 2007 and are at their lowest level since March 
     2004.
       (23) As a consequence of the success of the surge, United 
     States casualties in Iraq have dropped dramatically and 
     United States combat deaths in Iraq in July 2008 were lower 
     than in any other month since the beginning of the war.
       (24) As a consequence of the success of the surge, the 
     Government of Iraq has made significant strides in advancing 
     sectarian reconciliation and achieving political progress, 
     including the passage of key benchmark legislation.
       (25) As a consequence of the success of the surge, the 
     Iraqi Security Forces have improved markedly and 
     approximately 70 percent of Iraqi combat battalions are now 
     leading operations in their areas.
       (26) As a consequence of the success of the surge, General 
     Petraeus concluded in 2008 that conditions on the ground in 
     Iraq could permit the additional brigades and battalions 
     dispatched to Iraq in 2007 as part of the surge to be safely 
     redeployed without replacement, and all such brigades and 
     battalions have been successfully withdrawn without 
     replacement.
       (b) Sense of Senate.--It is the sense of the Senate to--
       (1) commend and express its gratitude to the men and women 
     of the United States Armed Forces for the service, 
     sacrifices, and

[[Page 18358]]

     heroism that made the success of the troop surge in Iraq 
     possible;
       (2) commend and express its gratitude to General David H. 
     Petraeus, General Raymond Odierno, and Ambassador Ryan 
     Crocker for the distinguished wartime leadership that made 
     the success of the troop surge in Iraq possible;
       (3) recognize the success of the troop surge in Iraq and 
     its strategic significance in advancing the vital national 
     interests of the United States in Iraq, the Middle East, and 
     the world, in particular as a strategic victory in a central 
     front of the war on terrorism; and
       (4) recognize that the hard-won gains achieved as a result 
     of the troop surge in Iraq are significant but not yet 
     permanent and that it is imperative that no action be taken 
     that jeopardizes those gains or dishonors the service and 
     sacrifice of the men and women of the United States Armed 
     Forces who made those gains possible.
                                 ______
                                 
  SA 5369. Mr. WHITEHOUSE (for himself, Mrs. Feinstein, Mr. 
Rockefeller, 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:

       On page 280, after line 20, add the following:

     SEC. 1037. REQUIREMENT FOR RED CROSS NOTIFICATION OF AND 
                   ACCESS TO DETAINEES.

       (a) Requirement.--No funds authorized to be appropriated by 
     this Act or any other Act may be used to detain any 
     individual who is in the custody or under the effective 
     control of an element of the intelligence community or an 
     instrumentality of such element unless the International 
     Committee of the Red Cross is provided notification of the 
     detention of such individual and access to such individual in 
     a manner consistent with the practices of the Armed Forces.
       (b) Construction.--Nothing in this subsection shall be 
     construed--
       (1) to create or otherwise imply the authority to detain; 
     or
       (2) to limit or otherwise affect any other rights or 
     obligations which may arise under the Geneva Conventions or 
     other laws, or to state all of the situations under which 
     notification to and access for the International Committee of 
     the Red Cross is required or allowed.
       (c) Definitions.--In this section:
       (1) Instrumentality.--The term ``instrumentality'', with 
     respect to an element of the intelligence community, means a 
     contractor or subcontractor at any tier of the element of the 
     intelligence community.
       (2) 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)).
                                 ______
                                 
  SA 5370. Ms. LANDRIEU 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 452, between lines 9 and 10, insert the following:

     SEC. 2806. EXPANSION OF AUTHORITY FOR PILOT PROJECTS FOR 
                   ACQUISITION OR CONSTRUCTION OF MILITARY 
                   UNACCOMPANIED HOUSING.

       Section 2881a of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary of the Navy'' and inserting 
     ``(1) The Secretary of the Navy''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The Secretary of the Army shall carry out a pilot 
     project under the authority of this section or another 
     provision of this subchapter to use the private sector for 
     the acquisition or construction of military unaccompanied 
     housing for all ranks at Fort Polk, Louisiana.'';
       (2) in subsection (b), by striking ``The Secretary of the 
     Navy'' and inserting ``The Secretaries of the Army and 
     Navy'';
       (3) in subsection (d)(1), by striking ``The Secretary of 
     the Navy'' and inserting ``The Secretaries of the Army and 
     Navy'';
       (4) in subsection (e)(1), by striking ``The Secretary of 
     the Navy shall transmit'' and inserting ``The Secretaries of 
     the Army and Navy shall each transmit''; and
       (5) in subsection (f)--
       (A) by striking ``The authority'' and inserting ``(1) The 
     authority''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The authority of the Secretary of the Army to enter 
     into a contract under the pilot program shall expire 
     September 30, 2010.''.
                                 ______
                                 
  SA 5371. Ms. LANDRIEU 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 311, between lines 13 and 14, insert the following:

     SEC. 1083. WORLD WAR II MUSEUM FOUNDATION FOR AMERICA'S 
                   NATIONAL WORLD WAR II MUSEUM.

       (a) Findings.--Congress makes the following findings:
       (1) The National D-Day Museum was officially designated by 
     the Congress as ``America's National World War II Museum'' in 
     section 8134 of the Fiscal Year 2004 Defense Appropriations 
     Act (Public Law 108-87; 117 Stat. 1103).
       (2) The Museum received the national designation because it 
     is the only museum in the United States that exists for the 
     exclusive purpose of interpreting the American experience 
     during World War II, years 1939-1945, on both the battlefront 
     and the homefront. In doing so, the Museum covers all of the 
     branches of the Armed Forces and the Merchant Marine.
       (3) A one-time $50,000,000 grant to the World War II Museum 
     Foundation would provide vital Federal support for the U.S. 
     Freedom Pavilion portion of the current Museum expansion.
       (4) The U.S. Freedom Pavilion will be the main entrance 
     building to the main theater, exhibit halls, and other 
     pavilions in the Museum. Among its major exhibits, the 
     Freedom Pavilion will contain an interactive exhibition 
     honoring all of the World War II veterans who have also 
     served the Nation as President or as a member of the Senate 
     or House of Representatives.
       (b) Authorization of Appropriations.--Of the amount 
     appropriated pursuant to the authorization of appropriations 
     under section 301(1), $50,000,000 may be made available for a 
     grant to the National World War II Museum Foundation for the 
     museum in New Orleans, Louisiana, designated as America's 
     National World War II Museum by section 8134 of the 
     Department of Defense Appropriations Act, 2005 (Public Law 
     108-87; 117 Stat. 1103).
                                 ______
                                 
  SA 5372. Mr. NELSON of Nebraska 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 V, add the following:

     SEC. 539. AUTHORIZED STRENGTH AND DISTRIBUTION IN GRADE OF 
                   CERTAIN NATIONAL GUARD AND RESERVE OFFICERS AND 
                   ARMY NATIONAL GUARD ENLISTED PERSONNEL.

       (a) Strength and Grade Authorizations for Certain National 
     Guard and Reserve Officers.--The table in section 12011(a) of 
     title 10, United States Code, is amended--
       (1) by striking the matter relating to the Army National 
     Guard and the Marine Corps Reserve and inserting the 
     following new matter:


 
                                                Lieutenant
     ``Army National Guard:          Major        Colonel      Colonel
 
20,000.........................        1,500           850           325
22,000.........................        1,650           930           350
24,000.........................        1,790         1,010           378
26,000.........................        2,070         1,168           420
28,000.........................        1,930         1,085           395
30,000.........................        2,200         1,245           445

[[Page 18359]]

 
32,000.........................        2,330         1,315           460
34,000.........................        2,450         1,385           470
36,000.........................        2,570         1,455           480
38,000.........................        2,670         1,527           490
40,000.........................        2,770         1,590           500
42,000.........................        2,837         1,655           505
 



 
                                                Lieutenant
    ``Marine Corps Reserve:          Major        Colonel      Colonel
 
1,000..........................           99            63            20
1,200..........................          103            67            21
1,300..........................          107            70            22
1,400..........................          111            73            23
1,500..........................          114            76            24
1,600..........................          117            79            25
1,700..........................          120            82            26
1,800..........................          123            85            27
1,900..........................          126            88            28
2,000..........................          129            91            29
2,100..........................          132            94            30
2,200..........................          134            97            31
2,300..........................          136           100            32
2,400..........................          138           103            33
2,500..........................          140           106            34
2,600..........................          142           109         35''.
 


       (2) by striking the matter relating to the Air National 
     Guard and inserting the following new matter:


 
                                                Lieutenant
     ``Air National Guard:           Major        Colonel      Colonel
 
5,000..........................          333           335           251
6,000..........................          403           394           260
7,000..........................          472           453           269
8,000..........................          539           512           278
9,000..........................          606           571           287
10,000.........................          673           665           313
11,000.........................          740           759           339
12,000.........................          807           827           353
13,000.........................          873           886           363
14,000.........................          939           945           374
15,000.........................        1,005         1,001           384
16,000.........................        1,067         1,057           394
17,000.........................        1,126         1,113           404
18,000.........................        1,185         1,169           414
19,000.........................        1,235         1,224           424
20,000.........................        1,283         1,280        428''.
 


       (b) Strength and Grade Authorization for Certain Army 
     National Guard Personnel.--The table in section 12012(a) of 
     such title is amended by striking the matter relating to the 
     Army National Guard and inserting the following new matter:


 
            ``Army National Guard:                  E-8          E-9
 
20,000.......................................        1,650           550
22,000.......................................        1,775           615
24,000.......................................        1,950           645
26,000.......................................        2,100           675
28,000.......................................        2,250           715
30,000.......................................        2,400           735
32,000.......................................        2,500           760
34,000.......................................        2,600           780
36,000.......................................        2,700           800
38,000.......................................        2,800           820
40,000.......................................        2,900           830
42,000.......................................        3,000        840''.
 


                                 ______
                                 
  SA 5373. Mr. NELSON of Nebraska 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. AUTHORITY TO CONTINUE PROVISION OF INCENTIVES AFTER 
                   TERMINATION OF TEMPORARY ARMY AUTHORITY TO 
                   PROVIDE ADDITIONAL RECRUITMENT INCENTIVES.

       Subsection (i) of section 681 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3321) is amended to read as follows:

[[Page 18360]]

       ``(i) Termination of Authority.--
       ``(1) In general.--The Secretary may not develop an 
     incentive under this section, or first provide an incentive 
     developed under this section to an individual, after December 
     31, 2009.
       ``(2) Continuation of incentives.--Nothing in paragraph (1) 
     shall be construed to prohibit or limit the continuing 
     provision to an individual after the date specified in that 
     paragraph of an incentive first provided the individual under 
     this section before that date.''.
                                 ______
                                 
  SA 5374. Mr. REID (for Mr. Biden (for himself, Mr. Kerry, and Mr. 
Hagel)) 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 360, after line 20, add the following:

             Subtitle E--Enhanced Partnership With Pakistan

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Enhanced Partnership 
     with Pakistan Act of 2008''.

     SEC. 1242. FINDINGS.

       Congress makes the following findings:
       (1) The people of Pakistan and the United States have a 
     long history of friendship and comity, and the vital 
     interests of both nations are well-served by strengthening 
     and deepening this friendship.
       (2) In February 2008, the people of Pakistan elected a 
     civilian government, reversing months of political tension 
     and intrigue, as well as mounting popular concern over 
     governance and their own democratic reform and political 
     development.
       (3) A democratic, moderate, modernizing Pakistan would 
     represent the wishes of that country's populace, and serve as 
     a model to other countries around the world.
       (4) Pakistan is a major non-NATO ally of the United States, 
     and has been a valuable partner in the battle against al 
     Qaeda and the Taliban.
       (5) The struggle against al Qaeda, the Taliban, and 
     affiliated terrorist groups has led to the deaths of several 
     thousand Pakistani civilians and members of the security 
     forces of Pakistan over the past 6 years.
       (6) Since the terrorist attacks of September 11, 2001, more 
     al Qaeda terrorist suspects have been apprehended in Pakistan 
     than in any other country, including Khalid Sheikh Muhammad, 
     Ramzi bin al-Shibh, and Abu Faraj al-Libi.
       (7) Despite the sacrifices and cooperation of the security 
     forces of Pakistan, the top leadership of al Qaeda, as well 
     as the leadership and rank-and-file of affiliated terrorist 
     groups, are believed to use Pakistan's Federally Administered 
     Tribal Areas (FATA) as a haven and a base from which to 
     organize terrorist actions in Pakistan and with global reach.
       (8) According to a Government Accountability Office Report, 
     (GAO-08-622), ``since 2003, the administration's national 
     security strategies and Congress have recognized that a 
     comprehensive plan that includes all elements of national 
     power-- diplomatic, military, intelligence, development 
     assistance, economic, and law enforcement support-- was 
     needed to address the terrorist threat emanating from the 
     FATA'' and that such a strategy was also mandated by section 
     7102(b)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2656f 
     note) and section 2042(b)(2) of the Implementing the 
     Recommendations of the 9/11 Commission Act of 2007 (Public 
     Law 110-53; 22 U.S.C. 2375 note).
       (9) According to United States military sources and 
     unclassified intelligence reports, including the July 2007 
     National Intelligence Estimate entitled, ``The Terrorist 
     Threat to the U.S. Homeland'', the Taliban, al Qaeda, and 
     their Pakistani affiliates continue to use territory in 
     Pakistan as a haven, recruiting location, and rear base for 
     violent actions in both Afghanistan and Pakistan, as well as 
     attacks globally, and pose a threat to the United States 
     homeland.
       (10) The toll of terrorist attacks, including suicide 
     bombs, on the people of Pakistan include thousands of 
     citizens killed and wounded across the country, over 1,400 
     military and police forces killed (including 700 since July 
     2007), and dozens of tribal, provincial, and national 
     officials targeted and killed, as well as the brazen 
     assassination of former prime minister Benazir Bhutto while 
     campaigning in Rawalpindi on December 27, 2007, and several 
     attempts on the life of President Pervaiz Musharraf, and the 
     rate of such attacks have grown considerably over the past 2 
     years.
       (11) The people of Pakistan and the United States share 
     many compatible goals, including--
       (A) combating terrorism and violent radicalism, both inside 
     Pakistan and elsewhere;
       (B) solidifying democracy and the rule of law in Pakistan;
       (C) promoting the economic development of Pakistan, both 
     through the building of infrastructure and the facilitation 
     of increased trade;
       (D) promoting the social and material well-being of 
     Pakistani citizens, particularly through development of such 
     basic services as public education, access to potable water, 
     and medical treatment; and
       (E) safeguarding the peace and security of South Asia, 
     including by facilitating peaceful relations between Pakistan 
     and its neighbors.
       (12) According to consistent opinion research, including 
     that of the Pew Global Attitudes Survey (December 28, 2007) 
     and the International Republican Institute (January 29, 
     2008), many people in Pakistan have historically viewed the 
     relationship between the United States and Pakistan as a 
     transactional one, characterized by a heavy emphasis on 
     security issues with little attention to other matters of 
     great interest to citizens of Pakistan.
       (13) The election of a civilian government in Pakistan in 
     February 2008 provides an opportunity, after nearly a decade 
     of military-dominated rule, to place relations between 
     Pakistan and the United States on a new and more stable 
     foundation.
       (14) Both the Government of Pakistan and the United States 
     Government should seek to enhance the bilateral relationship 
     through additional multi-faceted engagement in order to 
     strengthen the foundation for a consistent and reliable long-
     term partnership between the two countries.

     SEC. 1243. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Appropriations and Foreign Relations of the Senate and the 
     Committees on Appropriations and Foreign Affairs of the House 
     of Representatives.
       (2) Counterinsurgency.--The term ``counterinsurgency'' 
     means efforts to defeat organized movements that seek to 
     overthrow the duly constituted Governments of Pakistan and 
     Afghanistan through the use of subversion and armed conflict.
       (3) Counterterrorism.--The term ``counterterrorism'' means 
     efforts to combat al Qaeda and other foreign terrorist 
     organizations that are designated by the Secretary of State 
     in accordance with section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189).
       (4) FATA.--The term ``FATA'' means the Federally 
     Administered Tribal Areas of Pakistan.
       (5) NWFP.--The term ``NWFP'' means the North West Frontier 
     Province of Pakistan, which has Peshawar as its provincial 
     capital.
       (6) Pakistan-afghanistan border areas.--The term 
     ``Pakistan-Afghanistan border areas'' includes the Pakistan 
     regions known as NWFP, FATA, and parts of Balochistan in 
     which the Taliban or Al Qaeda have traditionally found 
     refuge.
       (7) Security-related assistance.--The term ``security-
     related assistance'' means--
       (A) grant assistance to carry out section 23 of the Arms 
     Export Control Act (22 U.S.C. 2763);
       (B) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.);
       (C) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2347 et seq.);
       (D) any equipment, supplies, and training provided pursuant 
     to section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456); and
       (E) any equipment, supplies, and training provided pursuant 
     to section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368).
       (8) Security forces of pakistan.--The term ``security 
     forces of Pakistan'' means the military, paramilitary, and 
     intelligence services of the Government of Pakistan, 
     including the armed forces, Inter-Services Intelligence 
     Directorate, Intelligence Bureau, police forces, Frontier 
     Corps, and Frontier Constabulary.

     SEC. 1244. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to support the consolidation of democracy, good 
     governance, and rule of law in Pakistan;
       (2) to affirm and build a sustained, long-term, 
     multifaceted relationship with Pakistan;
       (3) to further the sustainable economic development of 
     Pakistan and the improvement of the living conditions of its 
     citizens by expanding United States bilateral engagement with 
     the Government of Pakistan, especially in areas of direct 
     interest and importance to the daily lives of the people of 
     Pakistan;
       (4) to work with Pakistan and the countries bordering 
     Pakistan to facilitate peace in the region and harmonious 
     relations between the countries of the region;
       (5) to work with the Government of Pakistan to prevent any 
     Pakistani territory from being used as a base or conduit for 
     terrorist attacks in Pakistan, Afghanistan, or elsewhere in 
     the world;

[[Page 18361]]

       (6) to work in close cooperation with the Government of 
     Pakistan to coordinate military and paramilitary action 
     against terrorist targets;
       (7) to work with the Government of Pakistan to help bring 
     peace, stability, and development to all regions of Pakistan, 
     especially those in the Pakistan-Afghanistan border areas, 
     including support for an effective counterinsurgency 
     strategy; and
       (8) to expand people-to-people engagement between the 
     United States and Pakistan, through increased educational, 
     technical, and cultural exchanges and other methods.

     SEC. 1245. AUTHORIZATION OF FUNDS.

       (a) Authorization.--There are authorized to be appropriated 
     to the President, for the purposes of providing assistance to 
     Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), the following amounts:
       (1) For fiscal year 2009, up to $1,500,000,000.
       (2) For fiscal year 2010, up to $1,500,000,000.
       (3) For fiscal year 2011, up to $1,500,000,000.
       (4) For fiscal year 2012, up to $1,500,000,000.
       (5) For fiscal year 2013, up to $1,500,000,000.
       (b) Sense of Congress on Economic Support Funds.--It is the 
     sense of Congress that, subject to an improving political and 
     economic climate, there should be authorized to be 
     appropriated up to $1,500,000,000 per year for fiscal years 
     2014 through 2018 for the purpose of providing assistance to 
     Pakistan under the Foreign Assistance Act of 1961.
       (c) Sense of Congress on Security-Related Assistance.--It 
     is the sense of Congress that security-related assistance to 
     the Government of Pakistan should be provided in close 
     coordination with the Government of Pakistan, designed to 
     improve the Government's capabilities in areas of mutual 
     concern, and maintained at a level that will bring 
     significant gains in pursuing the policies set forth in 
     paragraphs (5), (6), and (7) of section 1244.
       (d) Use of Funds.--Funds appropriated pursuant to the 
     authorization of appropriations under this section shall be 
     used for projects determined by an objective measure to be of 
     clear benefit to the people of Pakistan, including projects 
     that promote--
       (1) just and democratic governance, including--
       (A) political pluralism, equality, and the rule of law;
       (B) respect for human and civil rights;
       (C) independent, efficient, and effective judicial systems;
       (D) transparency and accountability of all branches of 
     government and judicial proceedings; and
       (E) anticorruption efforts among police, civil servants, 
     elected officials, and all levels of government 
     administration, including the military;
       (2) economic freedom, including--
       (A) private sector growth and the sustainable management of 
     natural resources;
       (B) market forces in the economy; and
       (C) worker rights, including the right to form labor unions 
     and legally enforce provisions safeguarding the rights of 
     workers and local community stakeholders; and
       (3) investments in people, particularly women and children, 
     including--
       (A) broad-based public primary and secondary education and 
     vocational training for both boys and girls;
       (B) the construction of roads, irrigation channels, wells, 
     and other physical infrastructure;
       (C) agricultural development to ensure food staples in 
     times of severe shortage;
       (D) quality public health, including medical clinics with 
     well trained staff serving rural and urban communities; and
       (E) public-private partnerships in higher education to 
     ensure a breadth and consistency of Pakistani graduates to 
     help strengthen the foundation for improved governance and 
     economic vitality.
       (e) Preference for Building Local Capacity.--The President 
     is encouraged, as appropriate, to utilize Pakistani firms and 
     community and local nongovernmental organizations in Pakistan 
     to provide assistance under this section.
       (f) Authority to Use Funds for Operational Expenses.--Funds 
     authorized by this section may be used for operational 
     expenses. Funds may also be made available to the Inspector 
     General of the United States Agency for International 
     Development to provide audits and program reviews of projects 
     funded pursuant to this section.
       (g) Use of Special Authority.--The President is encouraged 
     to utilize the authority of section 633(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2393(a)) to expedite 
     assistance to Pakistan under this section.
       (h) Use of Funds.--Funds appropriated or otherwise made 
     available to carry out this section shall be utilized to the 
     maximum extent possible as direct expenditures for projects 
     and programs by the United States mission in Pakistan, 
     subject to existing reporting and notification requirements.
       (i) Notification Requirements.--
       (1) Notice of assistance for budget support.--The President 
     shall notify Congress not later than 15 days before providing 
     any assistance under this section as budgetary support to the 
     Government of Pakistan or any element of such Government.
       (2) Annual report.--The President shall submit to the 
     appropriate congressional committees a report on assistance 
     provided under this section. The report shall describe--
       (A) all expenditures under this section, by region;
       (B) the intended purpose for such assistance, the strategy 
     or plan with which it is aligned, and a timeline for 
     completion associated with such strategy or plan;
       (C) the partner or partners contracted for that purpose, as 
     well as a measure of the effectiveness of the partner or 
     partners;
       (D) any shortfall in financial, physical, technical, or 
     human resources that hinder effective use and monitoring of 
     such funds; and
       (E) any negative impact, including the absorptive capacity 
     of the region for which the resources are intended, of United 
     States bilateral or multilateral assistance and 
     recommendations for modification of funding, if any.
       (j) Sense of Congress on Funding of Priorities.--It is the 
     sense of Congress that the Government of Pakistan should 
     allocate a greater portion of its budget, consistent with its 
     ``Poverty Reduction Strategy Paper'', to the recurrent costs 
     associated with education, health, and other priorities 
     described in this section.

     SEC. 1246. LIMITATION ON CERTAIN ASSISTANCE.

       (a) Limitation on Certain Military Assistance.--Beginning 
     in fiscal year 2010, no grant assistance to carry out section 
     23 of the Arms Export Control Act (22 U.S.C. 2763) and no 
     assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.) may be 
     provided to Pakistan in a fiscal year until the Secretary of 
     State makes the certification required under subsection (c).
       (b) Limitation on Arms Transfers.--Beginning in fiscal year 
     2012, no letter of offer to sell major defense equipment to 
     Pakistan may be issued pursuant to the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.) and no license to export major 
     defense equipment to Pakistan may be issued pursuant to such 
     Act in a fiscal year until the Secretary of State makes the 
     certification required under subsection (c).
       (c) Certification.--The certification required by this 
     subsection is a certification to the appropriate 
     congressional committees by the Secretary of State, after 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, that the security forces of 
     Pakistan--
       (1) are making concerted efforts to prevent al Qaeda and 
     associated terrorist groups from operating in the territory 
     of Pakistan;
       (2) are making concerted efforts to prevent the Taliban 
     from using the territory of Pakistan as a sanctuary from 
     which to launch attacks within Afghanistan; and
       (3) are not materially interfering in the political or 
     judicial processes of Pakistan.
       (d) Waiver.--The Secretary of State may waive the 
     limitations in subsections (a) and (b) if the Secretary 
     determines it is in the national security interests of the 
     United States to provide such waiver.
       (e) Prior Notice of Waiver.--A waiver pursuant to 
     subsection (d) may not be exercised until 15 days after the 
     Secretary of State provides to the appropriate congressional 
     committees written notice of the intent to issue such waiver 
     and the reasons therefor.

     SEC. 1247. COALITION SUPPORT FUNDS.

       (a) Accounting Reports.--Not later than May 1 and November 
     1 of each year, the President shall submit to the appropriate 
     congressional committees and the Committees on Armed Services 
     of the Senate and the House of Representatives a complete 
     accounting of the Coalition Support Fund payments made to 
     Pakistan for the preceding two fiscal quarters. The 
     accounting shall include a description of each claim 
     presented by the Government of Pakistan and reimbursed by the 
     United States, in sufficient detail to permit Congress to 
     provide effective oversight.
       (b) Prohibition on Reimbursement Without Accounting 
     Report.--Except as provided in subsection (c), no claim for 
     funding under the Coalition Support Fund made after the date 
     of the enactment of this Act may be paid until the President 
     has submitted the accounting described in subsection (a) for 
     the most recent two fiscal quarters.
       (c) Waiver.--The Secretary of Defense may waive the 
     prohibition in subsection (b) for a nonrenewable 6-month 
     period for an individual Coalition Support Fund claim if the 
     Secretary submits to the committees described in subsection 
     (a) a written certification that such waiver is in the 
     national security interests of the United States.
       (d) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex. The unclassified portion shall be submitted 
     in a searchable electronic format.

     SEC. 1248. AFGHANISTAN-PAKISTAN BORDER STRATEGY.

       (a) Development of Comprehensive Strategy.--The Secretary 
     of State, in consultation with the Secretary of Defense, the 
     Director of National Intelligence, and such other government 
     officials as may be appropriate, shall develop a 
     comprehensive, cross-border strategy for working with the 
     Government of Pakistan, the Government of Afghanistan, NATO, 
     and other like-minded allies to best implement effective 
     counterterrorism and counterinsurgency measurers in and near 
     the border areas of Pakistan and

[[Page 18362]]

     Afghanistan, especially in known or suspected safe havens 
     such as Pakistan's FATA, the NWFP, parts of Balochistan, and 
     other critical areas in the south and east border areas of 
     Afghanistan.
       (b) Report.--Not later than June 1, 2009, the Secretary of 
     State shall submit to the appropriate congressional 
     committees a detailed description of a comprehensive strategy 
     for counterterrorism and counterinsurgency in the FATA, as 
     well as proposed timelines and budgets for implementing the 
     strategy.

     SEC. 1249. SENSE OF CONGRESS.

       It is the sense of Congress that the United States should--
       (1) recognize the bold political steps the Pakistan 
     electorate has taken during a time of heightened sensitivity 
     and tension in 2007 and 2008 to elect a new civilian 
     government;
       (2) seize this strategic opportunity in the interests of 
     Pakistan as well as in the national security interests of the 
     United States to expand its engagement with the Government 
     and people of Pakistan in areas of particular interest and 
     importance to the people of Pakistan; and
       (3) continue to build a responsible and reciprocal security 
     relationship taking into account the national security 
     interests of the United States as well as regional and 
     national dynamics in Pakistan to further strengthen and 
     enable the position of Pakistan as a major non-NATO ally.
                                 ______
                                 
  SA 5375. Mr. COLEMAN (for himself, Mrs. Lincoln, and Mr. Chambliss) 
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 VI, add the following:

     SEC. 634. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF 
                   THE RESERVE COMPONENTS FOR LONG DISTANCE TRAVEL 
                   TO INACTIVE DUTY TRAINING.

       (a) Allowances Authorized.--
       (1) In general.--Chapter 7 of title 37, United States Code, 
     is amended by inserting after section 411j the following new 
     section:

     ``Sec. 411k. Travel and transportation allowances: long 
       distance travel to inactive duty training performed by 
       members of the reserve components of the armed forces

       ``(a) Allowance Authorized.--The Secretary concerned may 
     reimburse a member of a reserve component of the armed forces 
     for expenses incurred in connection with round-trip travel in 
     excess of 100 miles to an inactive duty training location, 
     including mileage traveled and lodging and subsistence.
       ``(b) Rates of Reimbursement.--
       ``(1) Mileage.--In determining the amount of allowances or 
     reimbursement to be paid for mileage traveled under this 
     section, the Secretary concerned shall use the mileage 
     reimbursement rate for the use of privately owned vehicles by 
     Government employees on official business (when a Government 
     vehicle is available), as prescribed by the Administrator of 
     General Services under section 5707(b) of title 5.
       ``(2) Lodging and subsistence.--In determining the amount 
     of allowances or reimbursement to be paid for lodging and 
     subsistence under this section, the Secretary concerned shall 
     use the per diem rate as prescribed by the Administrator of 
     General Services under section 5707 of title 5.
       ``(3) Authority to reimburse at higher rates.--Subject to 
     the availability of appropriations and the approval of the 
     Secretary of Defense, the Secretary concerned may modify the 
     amount of allowances or reimbursement to be paid under this 
     section using reimbursement rates in excess of those 
     prescribed under paragraphs (1) and (2).
       ``(c) Regulations.--The Secretary concerned shall prescribe 
     regulations to carry out this section. Regulations prescribed 
     by the Secretary of a military department shall be subject to 
     the approval of the Secretary of Defense.''.
       (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 411j the following new 
     item:

``411k. Travel and transportation allowances: long distance travel to 
              inactive duty training performed by members of the 
              reserve components of the armed forces.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to travel expenses incurred after 
     the expiration of the 90-day period that begins on the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 5376. Mr. WARNER (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:

       Strike section 1003 and insert the following:

     SEC. 1003. CODIFICATION OF RECURRING AUTHORITY ON UNITED 
                   STATES CONTRIBUTIONS TO THE NORTH ATLANTIC 
                   TREATY ORGANIZATION COMMON-FUNDED BUDGETS.

       (a) Codification of Authority.--
       (1) In general.--Subchapter II of chapter 134 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2263. United States contributions to the North 
       Atlantic Treaty Organization common-funded budgets

       ``(a) In General.--The total amount contributed by the 
     Secretary of Defense in any fiscal year for the common-funded 
     budgets of NATO may be an amount in excess of the maximum 
     amount that would otherwise be applicable to those 
     contributions in such fiscal year under the fiscal year 1998 
     baseline limitation.
       ``(b) Reports.--(1) Not later than October 30 each year, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the contributions made by the 
     Secretary to the common-funded budgets of NATO in the 
     preceding fiscal year.
       ``(2) Each report under paragraph (1) shall include, for 
     the fiscal year covered by such report, the following:
       ``(A) The amounts contributed by the Secretary to each of 
     the separate budgets and programs of the North Atlantic 
     Treaty Organization under the common-funded budgets of NATO.
       ``(B) For each budget and program to which the Secretary 
     made such a contribution, the percentage of such budget or 
     program during the fiscal year that such contribution 
     represented.
       ``(c) Definitions.--In this section:
       ``(1) Common-funded budgets of nato.--The term `common-
     funded budgets of NATO' means the Military Budget, the 
     Security Investment Program, and the Civil Budget of the 
     North Atlantic Treaty Organization (and any successor or 
     additional account or program of NATO).
       ``(2) Fiscal year 1998 baseline limitation.--The term 
     `fiscal year 1998 baseline limitation' means the maximum 
     annual amount of Department of Defense contributions for 
     common-funded budgets of NATO that is set forth as the annual 
     limitation in section 3(2)(C)(ii) of the resolution of the 
     Senate giving the advice and consent of the Senate to the 
     ratification of the Protocols to the North Atlantic Treaty of 
     1949 on the Accession of Poland, Hungary, and the Czech 
     Republic (as defined in section 4(7) of that resolution), 
     approved by the Senate on April 30, 1998.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 134 of such title is 
     amended by adding at the end the following new item:

``2263. United States contributions to the North Atlantic Treaty 
              Organization common-funded budgets.''.

       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008, and shall apply to 
     fiscal years that begin on or after that date.
                                 ______
                                 
  SA 5377. 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:

       On page 454, after line 21, add the following:

     SEC. 2814. VEGETATION MAINTENANCE PLAN FOR DEPARTMENT OF 
                   DEFENSE TRAINING RANGES.

       (a) Plan Required.--The Secretary of Defense shall submit 
     concurrently with the budget materials submitted to Congress 
     for fiscal year 2010 a vegetation maintenance plan for all 
     Department of Defense training ranges identifying measures to 
     prevent training range encroachment, identify recoverable 
     acreage, and sustain any potential recovery.
       (b) Content.--The plan submitted under subsection (a) shall 
     include--
       (1) a survey of all Department of Defense training ranges 
     and the impact of vegetation on the loss of training range 
     acreage;
       (2) an estimate of the funds required, identified by 
     installation, for vegetation management;
       (3) a ranking of probable adverse training impacts by 
     installation; and
       (4) a proposed five-year plan, and projected budgetary 
     resources needed by year, to sustain the vegetation 
     management gains proposed by the plan.

[[Page 18363]]


                                 ______
                                 
  SA 5378. 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 D of title II, add the following:

     SEC. 257. REPORT ON THE ACCELERATION OF RESEARCH, 
                   DEVELOPMENT, AND FIELDING OF LIFE-PRESERVING 
                   BLOOD TECHNOLOGIES.

       (a) Report Required.--Not later than March 30, 2009, the 
     Secretary of Defense shall submit to Congress a report 
     setting forth an assessment of the feasability and 
     advisability of accelerating research, development, and 
     fielding of blood technologies that will improve the capacity 
     to save lives of members of the Armed Forces receiving combat 
     care.
       (b) Covered Technologies.--The technologies to be addressed 
     by the report required by subsection (a) shall include, but 
     not be limited to, extended life red blood cells, cryogenic 
     storage of white blood cells, cryo-preserved platelets, 
     hemoglobin-based oxygen carriers, and freeze dried plasma.
                                 ______
                                 
  SA 5379. Mrs. CLINTON 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 311, between lines 13 and 14, insert the following:

     SEC. 1083. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED 
                   FORCES SERVING IN IRAQ OR AFGHANISTAN.

       (a) Availability of Postal Benefits.--The Secretary of 
     Defense, in consultation with the United States Postal 
     Service, shall provide for a program under which postal 
     benefits are provided to qualified individuals in accordance 
     with this section.
       (b) Qualified Individual.--In this section, the term 
     ``qualified individual'' means a member of the Armed Forces 
     on active duty (as defined in section 101 of title 10, United 
     States Code) who--
       (1) is serving in Iraq or Afghanistan; or
       (2) is hospitalized at a facility under the jurisdiction of 
     the Department of Defense as a result of a disease or injury 
     incurred as a result of service in Iraq or Afghanistan.
       (c) Postal Benefits Described.--
       (1) Vouchers.--The postal benefits provided under the 
     program shall consist of such coupons or other similar 
     evidence of credit, whether in printed, electronic, or other 
     format (in this section referred to as a ``voucher''), as the 
     Secretary of Defense, in consultation with the Postal 
     Service, shall determine, which entitle the bearer or user to 
     make qualified mailings free of postage.
       (2) Qualified mailing.--In this section, the term 
     ``qualified mailing'' means the mailing of a single mail 
     piece which--
       (A) is first-class mail (including any sound-recorded or 
     video-recorded communication) not exceeding 13 ounces in 
     weight and having the character of personal correspondence or 
     parcel post not exceeding 10 pounds in weight;
       (B) is sent from within an area served by a United States 
     post office; and
       (C) is addressed to a qualified individual.
       (3) Coordination rule.--Postal benefits under the program 
     are in addition to, and not in lieu of, any reduced rates of 
     postage or other similar benefits which might otherwise be 
     available by or under law, including any rates of postage 
     resulting from the application of section 3401(b) of title 
     39, United States Code.
       (d) Number of Vouchers.--A member of the Armed Forces shall 
     be eligible for one voucher for every second month in which 
     the member is a qualified individual.
       (e) Limitations on Use; Duration.--A voucher may not be 
     used--
       (1) for more than a single qualified mailing; or
       (2) after the earlier of--
       (A) the expiration date of the voucher, as designated by 
     the Secretary of Defense; or
       (B) the end of the one-year period beginning on the date on 
     which the regulations prescribed under subsection (f) take 
     effect.
       (f) Regulations.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense (in 
     consultation with the Postal Service) shall prescribe such 
     regulations as may be necessary to carry out the program, 
     including--
       (1) procedures by which vouchers will be provided or made 
     available in timely manner to qualified individuals; and
       (2) procedures to ensure that the number of vouchers 
     provided or made available with respect to any qualified 
     individual complies with subsection (d).
       (g) Transfers to Postal Service.--
       (1) Based on estimates.--The Secretary of Defense shall 
     transfer to the Postal Service, out of amounts available to 
     carry out the program and in advance of each calendar quarter 
     during which postal benefits may be used under the program, 
     an amount equal to the amount of postal benefits that the 
     Secretary estimates will be used during such quarter, reduced 
     or increased (as the case may be) by any amounts by which the 
     Secretary finds that a determination under this section for a 
     prior quarter was greater than or less than the amount 
     finally determined for such quarter.
       (2) Based on final determination.--A final determination of 
     the amount necessary to correct any previous determination 
     under this section, and any transfer of amounts between the 
     Postal Service and the Department of Defense based on that 
     final determination, shall be made not later than six months 
     after the end of the one-year period referred to in 
     subsection (e)(2)(B).
       (3) Consultation required.--All estimates and 
     determinations under this subsection of the amount of postal 
     benefits under the program used in any period shall be made 
     by the Secretary of Defense in consultation with the Postal 
     Service.
       (h) Funding.--Of the amounts authorized to be appropriated 
     for the Department of Defense for fiscal year 2008 for 
     military personnel, $10,000,000 shall be for postal benefits 
     provided in this section.
                                 ______
                                 
  SA 5380. Mrs. CLINTON 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 G of title V, add the following:

     SEC. 587. COLD WAR SERVICE MEDAL.

       (a) Authority.--Chapter 57 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1135. Cold War service medal

       ``(a) Medal Authorized.--The Secretary concerned shall 
     issue a service medal, to be known as the `Cold War service 
     medal', to persons eligible to receive the medal under 
     subsection (b). The Cold War service medal shall be of an 
     appropriate design approved by the Secretary of Defense, with 
     ribbons, lapel pins, and other appurtenances.
       ``(b) Eligible Persons.--The following persons are eligible 
     to receive the Cold War service medal:
       ``(1) A person who--
       ``(A) performed active duty or inactive duty training as an 
     enlisted member during the Cold War;
       ``(B) completed the person's initial term of enlistment or, 
     if discharged before completion of such initial term of 
     enlistment, was honorably discharged after completion of not 
     less than 180 days of service on active duty; and
       ``(C) has not received a discharge less favorable than an 
     honorable discharge or a release from active duty with a 
     characterization of service less favorable than honorable.
       ``(2) A person who--
       ``(A) performed active duty or inactive duty training as a 
     commissioned officer or warrant officer during the Cold War;
       ``(B) completed the person's initial service obligation as 
     an officer or, if discharged or separated before completion 
     of such initial service obligation, was honorably discharged 
     after completion of not less than 180 days of service on 
     active duty; and
       ``(C) has not been released from active duty with a 
     characterization of service less favorable than honorable and 
     has not received a discharge or separation less favorable 
     than an honorable discharge.
       ``(c) One Award Authorized.--Not more than one Cold War 
     service medal may be issued to any person.
       ``(d) Issuance to Representative of Deceased.--If a person 
     described in subsection (b) dies before being issued the Cold 
     War service medal, the medal shall be issued to the person's 
     representative, as designated by the Secretary concerned.
       ``(e) Replacement.--Under regulations prescribed by the 
     Secretary concerned, a Cold War service medal that is lost, 
     destroyed, or rendered unfit for use without fault or neglect 
     on the part of the person to whom it was issued may be 
     replaced without charge.
       ``(f) Application for Medal.--The Cold War service medal 
     shall be issued upon receipt by the Secretary concerned of an 
     application for such medal, submitted in accordance with such 
     regulations as the Secretary prescribes.
       ``(g) Uniform Regulations.--The Secretary of Defense shall 
     ensure that regulations prescribed by the Secretaries of the 
     military departments under this section are uniform so far as 
     is practicable.
       ``(h) Cold War Defined.--In this section, the term `Cold 
     War' means the period beginning on September 2, 1945, and 
     ending at the end of December 26, 1991.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is

[[Page 18364]]

     amended by adding at the end the following new item:

``1135. Cold War service medal.''.
                                 ______
                                 
  SA 5381. 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 G of title X, add the following:

     SEC. 1083. SENSE OF THE SENATE ON THE USE OF OIL REVENUES IN 
                   IRAQ.

       (a) Findings.--The Senate makes the following findings:
       (1) Congress has called on the Government of Iraq to ensure 
     that the energy resources of Iraq benefit Sunni Arabs, Shia 
     Arabs, Kurds, and other citizens of Iraq in an equitable 
     manner.
       (2) The Government of Iraq has failed to pass national 
     hydrocarbon revenue-sharing legislation to ensure the 
     equitable distribution of oil revenues to the people of Iraq, 
     a national security priority of the United States Government.
       (3) The failure to pass such legislation leaves Iraq at 
     great risk of suffering from the ``oil curse'', marked by 
     declining economic growth, vast inequality, political 
     repression, and continuing violence.
       (4) According to the Government Accountability Office, the 
     Government of Iraq will receive as much as $80,000,000,000 in 
     oil revenues in 2008 and has a projected budget surplus for 
     2008 of almost $50,000,000,000.
       (5) As of September 2008, the United States Government has 
     spent approximately $48,000,000,000 on reconstruction 
     projects in Iraq, while the Government of Iraq has spent 
     roughly $4,000,000,000 on reconstruction projects.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Government of Iraq should immediately pass national 
     hydrocarbon revenue-sharing legislation to ensure the 
     equitable distribution of oil revenues in Iraq;
       (2) the Government of Iraq should significantly increase 
     its contribution to the funding of reconstruction projects in 
     Iraq; and
       (3) the United States Government, in the budget and 
     appropriations process for fiscal years after fiscal year 
     2008, should reduce appropriations for reconstruction in Iraq 
     by the amount of oil revenue that accrues to the Government 
     of Iraq before the Government of Iraq enacts national 
     hydrocarbon revenue-sharing legislation.
                                 ______
                                 
  SA 5382. Mr. LAUTENBERG 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 B of title XXVIII, add the 
     following:

     SEC. 2814. PROJECT MODIFICATION, BARNEGAT INLET TO LITTLE EGG 
                   INLET, NEW JERSEY.

       (a) In General.--The project for hurricane and storm damage 
     reduction, Barnegat Inlet to Little Egg Inlet, New Jersey, 
     authorized by section 101(a)(1) of the Water Resources 
     Development Act of 2000 (114 Stat. 2576), is modified to 
     authorize the Secretary of the Army, acting through the Chief 
     of Engineers (referred to in this section as the 
     ``Secretary''), to carry out, at Federal expense, such 
     measures as the Secretary determines to be necessary and 
     appropriate in the public interest to address the handling of 
     munitions placed on the beach during construction of the 
     project before the date of enactment of this Act.
       (b) Treatment of Costs.--Any cost incurred by the Secretary 
     in carrying out subsection (a) shall not be considered to be 
     a cost of constructing the project.
       (c) Reimbursement.--The Secretary shall reimburse the non-
     Federal interest for any cost incurred by the non-Federal 
     interest with respect to the removal and handling of the 
     munitions referred to in subsection (a).
       (d) Eligible Activities.--Measures authorized under 
     subsection (a) include monitoring, removal, and disposal of 
     the munitions referred to in subsection (a).
                                 ______
                                 
  SA 5383. Mr. LAUTENBERG (for himself, Mr. Casey, and Mr. Menendez) 
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 B of title VI, add the following:

     SEC. 620. MONTHLY SPECIAL PAY FOR MEMBERS OF THE UNIFORMED 
                   SERVICES WHOSE SERVICE ON ACTIVE DUTY IS 
                   EXTENDED BY A STOP-LOSS ORDER OR SIMILAR 
                   MECHANISM.

       (a) Pay Required.--
       (1) In general.--Subchapter I of chapter 5 of title 37, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 330a. Special pay: members of the uniformed services 
       whose service on active duty is extended by a stop-loss 
       order or similar mechanism

       ``(a) Special Pay.--A member of the uniformed services 
     entitled to basic pay whose enlistment or period of obligated 
     service is extended, or whose eligibility for retirement is 
     suspended, pursuant to the exercise of an authority referred 
     to in subsection (b) is entitled while on active duty during 
     the period of such extension or suspension to special pay in 
     the amount specified in subsection (c).
       ``(b) Authorities.--An authority referred to in this 
     section is an authority for the extension of an enlistment or 
     period of obligated service, or for suspension of eligibility 
     for retirement, of a member of the uniformed services under a 
     provision of law as follows:
       ``(1) Section 123 of title 10.
       ``(2) Section 12305 of title 10.
       ``(3) Any other provision of law (commonly referred to as a 
     `stop-loss authority') authorizing the President to extend an 
     enlistment or period of obligated service, or suspend an 
     eligibility for retirement, of a member of the uniformed 
     services in time of war or of national emergency declared by 
     Congress or the President.
       ``(c) Monthly Amount.--The amount of special pay specified 
     in this subsection is $1,500 per month.
       ``(d) Construction With Other Pays.--Special pay payable 
     under this section is in addition to any other pay payable to 
     members of the uniformed services by law.''.
       (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 330 the following new 
     item:

``330a. Special pay: members of the uniformed services whose service on 
              active duty is extended by a stop-loss order or similar 
              mechanism.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as of October 1, 2001.
                                 ______
                                 
  SA 5384. Mr. LAUTENBERG (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 end of subtitle A of title VII, add the following:

     SEC. 702. LIMITATIONS ON ADJUSTMENTS TO BENEFICIARY FEES FOR 
                   MILITARY HEALTH CARE.

       (a) Findings.--Congress makes the following findings:
       (1) Career members of the uniformed services and their 
     families endure unique and extraordinary demands, and make 
     extraordinary sacrifices, over the course of 20-year to 30-
     year careers in protecting freedom for all Americans.
       (2) The nature and extent of these demands and sacrifices 
     are never so evident as in wartime, not only during the 
     current Global War on Terrorism, but also during the wars of 
     the last 60 years when current retired members of the Armed 
     Forces were on continuous call to go in harm's way when and 
     as needed.
       (3) The demands and sacrifices are such that few Americans 
     are willing to bear or accept them for a multi-decade career.
       (4) A primary benefit of enduring the extraordinary 
     sacrifices inherent in a military career is a range of 
     extraordinary retirement benefits that a grateful Nation 
     provides for those who choose to subordinate much of their 
     personal life to the national interest for so many years.
       (5) Many private sector firms are curtailing health 
     benefits and shifting significantly higher costs to their 
     employees, and one effect of such curtailment is that retired 
     members of the uniformed services are turning for health care 
     services to the Department of Defense, and its TRICARE 
     program, for the health care benefits in retirement that they 
     earned by their service in uniform.
       (6) While the Department of Defense has made some efforts 
     to contain increases in the cost of the TRICARE program, a 
     large part of those efforts has been devoted to shifting a 
     larger share of the costs of benefits under that program to 
     retired members of the uniformed services.
       (7) The cumulative increase in enrollment fees, 
     deductibles, and copayments being proposed by the Department 
     of Defense for

[[Page 18365]]

     health care benefits under the TRICARE program far exceeds 
     the percentage increase in military retired pay since such 
     fees, deductibles, and copayments were first required on the 
     part of retired members of the uniformed services.
       (8) Proposals of the Department of Defense for increases in 
     the enrollment fees, deductibles, and copayments of retired 
     members of the uniformed services who are participants in the 
     TRICARE program fail to recognize adequately that such 
     members paid the equivalent of enormous in-kind premiums for 
     health care in retirement through their extended sacrifices 
     by service in uniform.
       (9) Some of the Nation's health care providers refuse to 
     accept participants in the TRICARE program as patients 
     because that program pays them significantly less than 
     commercial insurance programs, and imposes unique 
     administrative requirements, for health care services.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department of Defense and the Nation have a 
     committed obligation to provide health care benefits to 
     retired members of the uniformed services that exceeds the 
     obligation of corporate employers to provide health care 
     benefits to their employees;
       (2) the Department of Defense has many additional options 
     to constrain the growth of health care spending in ways that 
     do not disadvantage retired members of the uniformed services 
     who participate or seek to participate in the TRICARE 
     program, and should pursue any and all such options rather 
     than seeking large increases for enrollment fees, 
     deductibles, and copayments for such retirees, and their 
     families or survivors, who do participate in that program;
       (3) any percentage increase in fees, deductibles, and 
     copayments that may be considered under the TRICARE program 
     for retired members of the uniformed services and their 
     families or survivors should not in any case exceed the 
     percentage increase in military retired pay; and
       (4) any percentage increase in fees, deductibles, and 
     copayments under the TRICARE program that may be considered 
     for members of the uniformed services who are currently 
     serving on active duty or in the Selected Reserve, and for 
     the families of such members, should not exceed the 
     percentage increase in basic pay for such members.
       (c) Limitations on Certain Increases in Health Care 
     Costs.--
       (1) Pharmacy benefits program.--
       (A) One-year extension of temporary prohibition on increase 
     in copayments.--Section 702 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 188) is amended by striking ``September 30, 2008'' 
     and inserting ``September 30, 2009''.
       (B) Limitation on increases after fiscal year 2009.--
     Section 1074g(a)(6) of title 10, United Stated Code, is 
     amended by adding at the end the following new subparagraph:
       ``(C) Effective as of October 1, 2009, the amount of any 
     cost sharing requirements under this paragraph may not be 
     increased in any year by a percentage that exceeds the 
     percentage increase of the most recent increase in retired 
     pay for members and former members of the armed forces under 
     section 1401a(b)(2) of this title. To the extent that such 
     increase for any year is less than one dollar, the 
     accumulated increase may be carried over from year to year, 
     rounded to the nearest dollar.''.
       (2) Premiums for tricare standard for reserve component 
     members who commit to service in the selected reserve.--
       (A) One-year extension of temporary prohibition on increase 
     in premiums.--Section 1076d(d)(3) of such title is amended by 
     striking ``September 30, 2008'' and inserting ``September 30, 
     2009''.
       (B) Limitation on increases after fiscal year 2009.--Such 
     section is further amended--
       (i) by striking ``The monthly amount'' and inserting ``(A) 
     Subject to subparagraph (B), the monthly amount''; and
       (ii) by adding at the end the following new subparagraph:
       ``(B) Effective as of October 1, 2009, the percentage 
     increase in the amount of the premium in effect for a month 
     for TRICARE Standard coverage under this section may not 
     exceed a percentage equal to the percentage of the most 
     recent increase in the rate of basic pay authorized for 
     members of the uniformed services for a year.''.
       (3) Copayments under champus.--
       (A) One-year extension of temporary prohibition on increase 
     in charges for inpatient care.--Paragraph (3) of section 
     1086(b) of such title is amended in the first sentence by 
     striking ``September 30, 2008'' and inserting ``September 30, 
     2009''.
       (B) Limitation on increases after fiscal year 2009.--Such 
     paragraph is further amended by inserting after the first 
     sentence the following new sentence: ``Effective as of 
     October 1, 2009, the percentage increase charges for 
     inpatient care under this paragraph may not exceed a 
     percentage equal to the percentage of the most recent 
     increase in the rate of basic pay authorized for members of 
     the uniformed services for a year.''
       (4) Prohibition on enrollment fees for certain persons 
     under champus.--Section 1086(b) of such title is further 
     amended by adding at the end the following new paragraph:
       ``(5) A person covered by subsection (c) may not be charged 
     an enrollment fee for coverage under this section.''.
       (5) Automatic enrollment for certain persons under 
     champus.--Section 1086(b) of such title is further amended by 
     adding at the end the following new paragraph:
       ``(6) A person covered by subsection (c) shall not be 
     subject to denial of claims for coverage under this section 
     for failure to enroll for such coverage. To the extent 
     enrollment may be required, enrollment shall be automatic for 
     any such person filing a claim under this section.''.
       (6) Premiums and other charges under tricare.--
       (A) One-year extension of temporary prohibition on increase 
     in charges under contracts for medical care.--Section 1097(e) 
     of such title is amended by striking ``September 30, 2008'' 
     and inserting ``September 30, 2009''.
       (B) Limitation on increases after fiscal year 2009.--Such 
     section is further amended--
       (i) by inserting ``(1)'' before ``The Secretary of 
     Defense''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) Effective as of October 1, 2009, the percentage 
     increase in the amount of any premium, deductible, copayment, 
     or other charge prescribed by the Secretary under this 
     subsection may not exceed the percentage increase of the most 
     recent increase in retired pay for members and former members 
     of the armed forces under section 1041a(b)(2) of this 
     title.''.
                                 ______
                                 
  SA 5385. Mr. MENENDEZ 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 72, after line 20, add the following:

     SEC. 314. REPORT ON COMPLIANCE WITH ADMINISTRATIVE ORDERS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the steps that 
     the Department of Defense has taken or plans to take, if any, 
     to comply with any Unilateral Administrative Orders issued to 
     the Department, or any component of the Department, in 2007 
     or 2008 by the Environmental Protection Agency under any of 
     its imminent and substantial endangerment authorities. The 
     report shall explain the legal basis for any decision by the 
     Department of Defense, or any component of the Department of 
     Defense, not to comply fully with any such order.
                                 ______
                                 
  SA 5386. Mrs. CLINTON 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 G of title V, add the following:

     SEC. 587. ENHANCEMENT OF PROTECTIONS FOR MEMBERS OF THE ARMED 
                   FORCES AND THEIR DEPENDENTS AGAINST SALE, 
                   FORECLOSURE, SEIZURE, OR SALE OF MORTGAGED 
                   PROPERTY.

       (a) Extension of Period After Military Service Covered by 
     General Protections.--Section 303(c) of the Servicemembers 
     Civil Relief Act (50 U.S.C. App. 533(c)) is amended by 
     striking ``90 days'' and inserting ``one year''.
       (b) Enhancement of Protections for Members of the Armed 
     Forces Who Serve in Operation Iraqi Freedom or Operation 
     Enduring Freedom and Their Dependents.--
       (1) Scope of protections.--This subsection applies to an 
     obligation on real or personal property owned by a covered 
     member of the Armed Forces, or by a dependent of a covered 
     member of the Armed Forces, regardless of whether entered 
     into before, on, or after the member's entry onto military 
     service, on which the covered member or dependent, as the 
     case may be, is still obligated and that is secured by a 
     mortgage, trust deed, or other security in the nature of a 
     mortgage.
       (2) Sale or foreclosure.--
       (A) In general.--A sale, foreclosure, or seizure of 
     property for breach of an obligation described in paragraph 
     (1) shall not be valid if made during, or within one year 
     after, the military service of a covered member of the Armed 
     Forces, or the military service of the covered member of the 
     Armed Forces concerned in the case of a dependent of such a 
     member.
       (B) No waiver.--The limitations of subparagraph (A) are not 
     waivable by a covered member of the Armed Forces pursuant to

[[Page 18366]]

     section 107 of the Servicemembers Civil Relief Act (50 U.S.C. 
     App. 517).
       (3) Prohibition on actions for nonpayment or default.--No 
     court shall have jurisdiction to hear any civil action 
     against a covered member of the Armed Forces or a dependent 
     of a covered member of the Armed Forces for nonpayment or 
     default on an obligation described in paragraph (1) during, 
     or within 1 year after, the military service of the covered 
     member or the covered member Armed Forces concerned, as the 
     case may be.
       (4) Responsibilities of obligors.--In the event a sale, 
     foreclosure, or seizure of property for breach of an 
     obligation described in paragraph (1) is prohibited by 
     operation of paragraph (2) or (3), the obligor on the 
     obligation shall--
       (A) notify the covered member of the Armed Forces or 
     dependent concerned, in writing, of the outstanding liability 
     of the covered member or dependent, as the case may be, for 
     principal and interest on the obligation; and
       (B) if the obligor determines that a modification of the 
     obligation or a reduction in the outstanding liability of the 
     covered member or dependent for principal, interest, or both 
     on the obligation is in the interest of the obligor and the 
     covered member or dependent, as the case may be, notify the 
     covered member or dependent, as the case may be, in writing, 
     of--
       (i) such determination; and
       (ii) the actions to be taken by obligor and the covered 
     member or dependent, as the case may be, to effectuate the 
     modification or reduction.
       (5) Effect of protections on future financial 
     transactions.--
       (A) Covered members.--The application of paragraph (2), 
     (3), (4), or (5) to an obligation described in paragraph (1) 
     of a covered member of the Armed Forces shall be deemed to 
     constitute the receipt by the covered member of a stay of a 
     civil liability with respect to the obligation under the 
     Servicemembers Civil Relief Act for purposes of section 108 
     of that Act (50 U.S.C. App. 518).
       (B) Dependents.--In the event of the application of 
     paragraph (2), (3), (4), or (5) to an obligation described in 
     paragraph (1) of a dependent of a covered member of the Armed 
     Forces, the dependent shall be deemed to be a servicemember 
     receiving a stay of a civil liability with respect to the 
     obligation under the Servicemembers Civil Relief Act for 
     purposes of section 108 of that Act.
       (6) Penalties.--The provisions of section 303(d) of the 
     Servicemembers Civil Relief Act (50 U.S.C. 533(d)) shall 
     apply to sales, foreclosures, and seizures of property, and 
     attempted sales, foreclosures, and seizures of property, 
     prohibited by paragraph (2).
       (7) Definitions.--In this subsection:
       (A) Covered member of the armed forces.--The term ``covered 
     member of the Armed Forces'' means a member of the Armed 
     Forces, including a member of a Reserve component of the 
     Armed Forces, who serves on active duty in the Armed Forces--
       (i) in Iraq as part of Operation Iraqi Freedom; or
       (ii) in Afghanistan as part of Operation Enduring Freedom.
       (B) Dependent.--The term ``dependent'', in the case of a 
     covered member of the Armed Forces, has the meaning given 
     that term in section 101(4) of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 511(4)).
       (C) Military service.--The term ``military service'', in 
     the case of a covered member of the Armed Forces, means 
     service of the member on active duty in the Armed Forces--
       (i) in Iraq as part of Operation Iraqi Freedom; or
       (ii) in Afghanistan as part of Operation Enduring Freedom.
       (8) Effective date.--This subsection shall take effect on 
     the date of the enactment of this Act.

     SEC. 588. FINANCIAL SERVICES COUNSELING ON MORTGAGES AND 
                   MORTGAGE FORECLOSURES FOR MEMBERS OF THE ARMED 
                   FORCES WHO SERVE IN OPERATION IRAQI FREEDOM OR 
                   OPERATION ENDURING FREEDOM, VETERANS, AND THEIR 
                   DEPENDENTS.

       (a) Counseling Required.--
       (1) In general.--The Secretary of Defense shall, in 
     coordination with the Secretary of Veterans Affairs and the 
     Secretary of Housing and Urban Development, provide financial 
     services counseling relating to mortgages and mortgage 
     foreclosures to a veteran, covered member of the Armed 
     Forces, or dependent of such veteran or covered member, upon 
     request of such individual.
       (2) Provision at no cost to recipient.--Financial services 
     counseling shall be provided under this section at no cost to 
     the recipient.
       (b) Annual Outreach Plan.--
       (1) Plan required.--The Secretary of Defense shall, in 
     coordination with the Secretary of Veterans Affairs and the 
     Secretary of Housing and Urban Development, develop and 
     implement on an annual basis a plan for the provision of 
     outreach to veterans, covered members of the Armed Forces, 
     and their dependents on the financial services counseling 
     available under this section.
       (2) Elements.--Each plan under this subsection shall 
     include--
       (A) efforts to identify veterans, covered members of the 
     Armed Forces, or dependents who are not otherwise enrolled in 
     or registered for financial counseling services under other 
     programs administered by the Secretary of Defense or the 
     Secretary of Veterans Affairs; and
       (B) provisions for informing veterans, covered members of 
     the Armed Forces, and their dependents about loan 
     modification programs, workout plans, foreclosure prevention, 
     and other financial counseling programs available to them 
     through the Department of Defense, the Department of Veterans 
     Affairs, the Department of Housing and Urban Development, 
     nonprofit organizations, and other Federal, State, and local 
     initiatives.
       (3) Consultation.--In developing each plan under this 
     subsection, the Secretary of Defense shall consult with, at a 
     minimum, the following:
       (A) Directors or other responsible officials of veterans 
     service organizations.
       (B) Representatives of other outreach programs for 
     veterans.
       (C) Nonprofit organizations.
       (D) Other appropriate Federal, State, or local government 
     agencies, individuals, or organizations.
       (c) Covered Member of the Armed Forces Defined.--In this 
     section, the term ``covered member of the Armed Forces'' 
     means a member of the Armed Forces, including a member of a 
     Reserve component of the Armed Forces, who serves on active 
     duty in the Armed Forces--
       (1) in Iraq as part of Operation Iraqi Freedom; or
       (2) in Afghanistan as part of Operation Enduring Freedom.
                                 ______
                                 
  SA 5387. Mr. BOND 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 division C, add the following:

               TITLE XXXIII--INTELLIGENCE AUTHORIZATIONS

     SEC. 3301. DEFINITIONS.

       In this title:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) 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)).

            Subtitle A--Budget and Personnel Authorizations

     SEC. 3311. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     SEC. 3312. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Levels.--The 
     amounts authorized to be appropriated under section 3311 and, 
     subject to section 3313, the authorized personnel levels as 
     of September 30, 2009, for the conduct of the intelligence 
     activities of the elements listed in paragraphs (1) through 
     (16) of section 3311, are those specified in the classified 
     Schedule of Authorizations prepared to accompany the 
     conference report on the bill ________ of the One Hundred 
     Tenth Congress.
       (b) Availability of Classified Schedule of 
     Authorizations.--The classified Schedule of Authorizations 
     referred to in subsection (a) shall be made available to the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, and to the 
     President. The President shall provide for suitable 
     distribution of the Schedule, or of appropriate portions of 
     the Schedule, within the executive branch.

[[Page 18367]]



     SEC. 3313. PERSONNEL LEVEL ADJUSTMENTS.

       (a) Authority for Increases.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of National Intelligence may authorize employment of civilian 
     personnel in excess of the number authorized for fiscal year 
     2009 by the classified Schedule of Authorizations referred to 
     in section 3312(a) if the Director of National Intelligence 
     determines that such action is necessary to the performance 
     of important intelligence functions, except that the number 
     of personnel employed in excess of the number authorized 
     under such section may not, for any element of the 
     intelligence community, exceed 5 percent of the number of 
     civilian personnel authorized under such section for such 
     element.
       (b) Transition to Full-Time Equivalency.--
       (1) Treatment for fiscal year 2009.--For fiscal year 2009, 
     the Director of National Intelligence, in consultation with 
     the head of each element of the intelligence community, may 
     treat the personnel ceilings authorized under the classified 
     Schedule of Authorizations referred to in section 3312(a) as 
     full-time equivalents.
       (2) Consideration.--In exercising the authority described 
     in paragraph (1), the Director of National Intelligence may 
     consider the circumstances under which civilian employees are 
     employed and accounted for at each element of the 
     intelligence community in--
       (A) a student program, trainee program, or similar program;
       (B) reserve corps or equivalent status as a reemployed 
     annuitant or other employee;
       (C) a joint duty rotational assignment; or
       (D) other full-time or part-time status.
       (3) Notification to congress.--Not later than 90 days after 
     the date of the enactment of this Act, the Director of 
     National Intelligence shall notify the congressional 
     intelligence committees in writing of--
       (A) the policies for implementing the authorities described 
     in paragraphs (1) and (2); and
       (B) the number of all civilian personnel employed by, or 
     anticipated to be employed by, each element of the 
     intelligence community during fiscal year 2009 accounted 
     for--
       (i) by position;
       (ii) by full-time equivalency; or
       (iii) by any other method.
       (4) Treatment for fiscal year 2010.--The Director of 
     National Intelligence shall express the personnel levels for 
     all civilian employees for each element of the intelligence 
     community in the congressional budget justifications 
     submitted for fiscal year 2010 as full-time equivalent 
     positions.
       (c) Authority for Conversion of Activities Performed by 
     Contractors.--
       (1) In general.--In addition to the authority in subsection 
     (a) and subject to paragraph (2), if the head of an element 
     of the intelligence community makes a determination that 
     activities currently being performed by contractor employees 
     should be performed by employees of such element, the 
     Director of National Intelligence may authorize for that 
     purpose employment of additional full-time equivalent 
     personnel in such element equal to the number of full-time 
     equivalent contractor employees performing such activities.
       (2) Concurrence and approval.--The authority described in 
     paragraph (1) may not be exercised unless the Director of 
     National Intelligence concurs with the determination 
     described in such paragraph and the Director of the Office of 
     Management and Budget approves such determination.
       (d) Notice to Congressional Intelligence Committees.--The 
     Director of National Intelligence shall notify the 
     congressional intelligence committees in writing at least 15 
     days prior to each exercise of an authority described in 
     subsection (a) or (b).

     SEC. 3314. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2009 the sum of $696,742,000.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 944 full-time or full-
     time equivalent personnel as of September 30, 2009. Personnel 
     serving in such elements may be permanent employees of the 
     Office of the Director of National Intelligence or personnel 
     detailed from other elements of the United States Government.
       (c) Construction of Authorities.--The Director of National 
     Intelligence may use the authorities described in subsections 
     (a) and (c) of section 3313 for the adjustment of personnel 
     levels within the Intelligence Community Management Account.
       (d) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2009 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 3312(a). Such additional amounts for 
     advanced research and development shall remain available 
     until September 30, 2010.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2009, there are authorized such additional personnel for the 
     Community Management Account as of that date as are specified 
     in the classified Schedule of Authorizations referred to in 
     section 3312(a).

   Subtitle B--Central Intelligence Agency Retirement and Disability 
                                 System

     SEC. 3321. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2009 the sum of $279,200,000.
                                 ______
                                 
  SA 5388. Mr. BOND 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. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.

       (a) Content of Reports.--Clause (ii) of section 
     102A(q)(1)(C) of the National Security Act of 1947 (50 U.S.C. 
     403-1(q)(1)(C)) is amended by striking the period at the end 
     and inserting ``that includes--
       ``(I) the current total acquisition cost for such system, 
     and the history of such cost from the date the system was 
     first included in a report under this clause to the end of 
     the calendar quarter immediately proceeding the submittal of 
     the report;
       ``(II) the current development schedule for such system, 
     including an estimate of annual development costs until 
     development is completed;
       ``(III) the planned procurement schedule for such system, 
     including the best estimate of the Director of National 
     Intelligence of the annual costs and units to be procured 
     until procurement is completed;
       ``(IV) a full life-cycle cost analysis for such system;
       ``(V) the result of any significant test and evaluation of 
     such system as of the date of the submittal of the report, 
     or, if a significant test and evaluation has not been 
     conducted, a statement of the reasons therefor and the 
     results of any other test and evaluation that has been 
     conducted of such system;
       ``(VI) the reasons for any change in acquisition cost, or 
     schedule, for such system from the previous report under this 
     clause, if applicable;
       ``(VII) each major contract related to such system; and
       ``(VIII) if there is any cost or schedule variance under a 
     contract referred to in subclause (VII) since the previous 
     report under this clause, the reasons for such cost or 
     schedule variance.''.
       (b) Determination of Increase in Costs.--Subsection (q) of 
     section 102A of the National Security Act of 1947 (50 U.S.C. 
     403-1) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraph 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Any determination of a percentage increase in the 
     acquisition costs of a major system for which a report is 
     filed under paragraph (1)(C)(ii) shall be stated in terms of 
     constant dollars from the first fiscal year in which funds 
     are appropriated for such system.''.
       (c) Definitions.--Paragraph (5) of such subsection (q), as 
     redesignated by subsection (b)(1) of this section, is amended 
     to read as follows:
       ``(5) In this subsection:
       ``(A) The term `acquisition cost', with respect to a major 
     system, means the amount equal to the total cost for 
     development and procurement of, and system-specific 
     construction for, such system.
       ``(B) The term `full life-cycle cost', with respect to the 
     acquisition of a major system, means all costs of 
     development, procurement, construction, deployment, and 
     operation and support for such program, without regard to 
     funding source or management control, including costs of 
     development and procurement required to support or utilize 
     such system.
       ``(C) The term `intelligence program', with respect to the 
     acquisition of a major system, means a program that--
       ``(i) is carried out to acquire such major system for an 
     element of the intelligence community; and
       ``(ii) is funded in whole out of amounts available for the 
     National Intelligence Program.
       ``(D) The term `major contract,' with respect to a major 
     system acquisition, means each of the 6 largest prime, 
     subordinate, or government-furnished equipment contracts 
     under the program that is in excess of $40,000,000 and that 
     is not a firm, fixed price contract.
       ``(E) The term `major system' has the meaning given that 
     term in section 4 of the

[[Page 18368]]

     Office of Federal Procurement Policy Act (41 U.S.C. 403).
       ``(F) The term `significant test and evaluation' means the 
     functional or environmental testing of a major system or of 
     the subsystems that combine to create a major system.''.

     SEC. 1084. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.

       (a) Notification.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.) is amended by inserting after 
     section 506A the following new section:


                ``excessive cost growth of major systems

       ``Sec. 506B.  (a) Cost Increases of at Least 25 Percent.--
     (1)(A) On a continuing basis, and separate from the 
     submission of any other report on a major system required by 
     this Act, the program manager shall determine if the 
     acquisition cost of such major system has increased by at 
     least 25 percent as compared to the baseline cost of such 
     major system.
       ``(B) Not later than 10 days after the date that a program 
     manager determines that an increase described in subparagraph 
     (A) has occurred, the program manager shall submit to the 
     Director of National Intelligence notification of such 
     increase.
       ``(2)(A) If, after receiving a notification described in 
     paragraph (1)(B), the Director of National Intelligence 
     determines that the acquisition cost of a major system has 
     increased by at least 25 percent, the Director shall submit 
     to the congressional intelligence committees a written 
     notification of such determination as described in 
     subparagraph (B), a description of the amount of the increase 
     in the acquisition cost of such major system, and a 
     certification as described in subparagraph (C).
       ``(B) The notification required by subparagraph (A) shall 
     include--
       ``(i) an updated cost estimate;
       ``(ii) the date on which the determination covered by such 
     notification was made;
       ``(iii) contract performance assessment information with 
     respect to each significant contract or sub-contract related 
     to such major system, including the name of the contractor, 
     the phase of the contract at the time of the report, the 
     percentage of work under the contract that has been 
     completed, any change in contract cost, the percentage by 
     which the contract is currently ahead or behind schedule, and 
     a summary explanation of significant occurrences, such as 
     cost and schedule variances, and the effect of such 
     occurrences on future costs and schedules;
       ``(iv) the prior estimate of the full life-cycle cost for 
     such major system, expressed in constant dollars and in 
     current year dollars;
       ``(v) the current estimated full life-cycle cost of such 
     major system, expressed in constant dollars and current year 
     dollars;
       ``(vi) a statement of the reasons for any increases in the 
     full life-cycle cost of such major system;
       ``(vii) the current change and the total change, in dollars 
     and expressed as a percentage, in the full life-cycle cost 
     applicable to such major system, stated both in constant 
     dollars and current year dollars;
       ``(viii) the completion status of such major system 
     expressed as the percentage--
       ``(I) of the total number of years for which funds have 
     been appropriated for such major system compared to the 
     number of years for which it is planned that such funds will 
     be appropriated; and
       ``(II) of the amount of funds that have been appropriated 
     for such major system compared to the total amount of such 
     funds which it is planned will be appropriated;
       ``(ix) the action taken and proposed to be taken to control 
     future cost growth of such major system; and
       ``(x) any changes made in the performance or schedule of 
     such major system and the extent to which such changes have 
     contributed to the increase in full life-cycle costs of such 
     major system.
       ``(C) The certification described in this subparagraph is a 
     written certification made by the Director and submitted to 
     the congressional intelligence committees that--
       ``(i) the acquisition of such major system is essential to 
     the national security;
       ``(ii) there are no alternatives to such major system that 
     will provide equal or greater intelligence capability at 
     equal or lesser cost to completion;
       ``(iii) the new estimates of the full life-cycle cost for 
     such major system are reasonable; and
       ``(iv) the management structure for the acquisition of such 
     major system is adequate to manage and control full life-
     cycle cost of such major system.
       ``(b) Cost Increases of at Least 50 Percent.--(1)(A) On a 
     continuing basis, and separate from the submission of any 
     report on a major system required by section 506B of this 
     Act, the program manager shall determine if the acquisition 
     cost of such major system has increased by at least 50 
     percent as compared to the baseline cost of such major 
     system.
       ``(B) Not later than 10 days after the date that a program 
     manager determines that an increase described in subparagraph 
     (A) has occurred, the program manager shall submit to the 
     Director of National Intelligence notification of such 
     increase.
       ``(2) If, after receiving a notification described in 
     paragraph (1)(B), the Director of National Intelligence 
     determines that the acquisition cost of a major system has 
     increased by at least 50 percent as compared to the baseline 
     cost of such major system, the Director shall submit to the 
     congressional intelligence committees a written certification 
     stating that--
       ``(A) the acquisition of such major system is essential to 
     the national security;
       ``(B) there are no alternatives to such major system that 
     will provide equal or greater intelligence capability at 
     equal or lesser cost to completion;
       ``(C) the new estimates of the full life-cycle cost for 
     such major system are reasonable;
       ``(D) the management structure for the acquisition of such 
     major system is adequate to manage and control the full life-
     cycle cost of such major system; and
       ``(E) if milestone decision authority had been delegated to 
     the program manager, such authority is revoked and returned 
     to the Director, except with respect to Department of Defense 
     programs, such authority is revoked and returned to the 
     Director and the Secretary of Defense, jointly.
       ``(3) In addition to the certification required by 
     paragraph (2), the Director of National Intelligence shall 
     submit to the congressional intelligence committees an 
     updated notification, with current accompanying information, 
     as required by subsection (a)(2).
       ``(c) Prohibition on Obligation of Funds.--(1) If a written 
     certification required under subsection (a)(2)(A) is not 
     submitted to the congressional intelligence committees within 
     60 days of the determination made under subsection (a)(1), 
     funds appropriated for the acquisition of a major system may 
     not be obligated for a major contract under the program. Such 
     prohibition on the obligation of funds shall cease to apply 
     at the end of the 30-day period of a continuous session of 
     Congress that begins on the date on which Congress receives 
     the notification required under subsection (a)(2)(A).
       ``(2) If a written certification required under subsection 
     (b)(2) is not submitted to the congressional intelligence 
     committees within 60 days of the determination made under 
     subsection (b)(2), funds appropriated for the acquisition of 
     a major system may not be obligated for a major contract 
     under the program. Such prohibition on the obligation of 
     funds for the acquisition of a major system shall cease to 
     apply at the end of the 30-day period of a continuous session 
     of Congress that begins on the date on which Congress 
     receives the notification required under subsection (b)(3).
       ``(d) Definitions.--In this section:
       ``(1) The term `acquisition cost', with respect to a major 
     system, means the amount equal to the total cost for 
     development and procurement of, and system-specific 
     construction for, such system.
       ``(2) The term `baseline cost', with respect to a major 
     system, means the projected acquisition cost of such system 
     that is approved by the Director of National Intelligence at 
     Milestone B or an equivalent acquisition decision for the 
     development, procurement, and construction of such system. 
     The baseline cost may be in the form of an independent cost 
     estimate.
       ``(3) The term `full life-cycle cost', with respect to the 
     acquisition of a major system, means all costs of 
     development, procurement, construction, deployment, and 
     operation and support for such program, without regard to 
     funding source or management control, including costs of 
     development and procurement required to support or utilize 
     such system.
       ``(4) The term `independent cost estimate' has the meaning 
     given that term in section 506A(e).
       ``(5) The term `major system' has the meaning given that in 
     section 4 of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403).
       ``(6) The term `Milestone B' means a decision to enter into 
     system development, integration, and demonstration pursuant 
     to guidance prescribed by the Director of National 
     Intelligence.
       ``(7) The term `program manager', with respect to a major 
     system, means--
       ``(A) the head of the element of the intelligence community 
     which is responsible for the budget, cost, schedule, and 
     performance of the major system; or
       ``(B) in the case of a major system within the Office of 
     the Director of National Intelligence, the deputy who is 
     responsible for the budget, cost, schedule, and performance 
     of the major system.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 506A the 
     following:

``Sec. 506B. Excessive cost growth of major systems.''.
                                 ______
                                 
  SA 5389. Mr. BOND 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

[[Page 18369]]

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. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.) is amended by inserting after 
     section 506A the following new section:


              ``vulnerability assessments of major systems

       ``Sec. 506B.  (a) Initial Vulnerability Assessments.--The 
     Director of National Intelligence shall conduct an initial 
     vulnerability assessment for any major system and its 
     significant items of supply that is proposed for inclusion in 
     the National Intelligence Program prior to completion of 
     Milestone B or an equivalent acquisition decision. The 
     initial vulnerability assessment of a major system and its 
     significant items of supply shall, at a minimum, use an 
     analysis-based approach to--
       ``(1) identify vulnerabilities;
       ``(2) define exploitation potential;
       ``(3) examine the system's potential effectiveness;
       ``(4) determine overall vulnerability; and
       ``(5) make recommendations for risk reduction.
       ``(b) Subsequent Vulnerability Assessments.--(1) The 
     Director of National Intelligence shall conduct subsequent 
     vulnerability assessments of each major system and its 
     significant items of supply within the National Intelligence 
     Program--
       ``(A) periodically throughout the life span of the major 
     system;
       ``(B) whenever the Director determines that a change in 
     circumstances warrants the issuance of a subsequent 
     vulnerability assessment; or
       ``(C) upon the request of a congressional intelligence 
     committee.
       ``(2) Any subsequent vulnerability assessment of a major 
     system and its significant items of supply shall, at a 
     minimum, use an analysis-based approach and, if applicable, a 
     testing-based approach, to monitor the exploitation potential 
     of such system and reexamine the factors described in 
     paragraphs (1) through (5) of subsection (a).
       ``(c) Major System Management.--The Director of National 
     Intelligence shall give due consideration to the 
     vulnerability assessments prepared for a given major system 
     when developing and determining the annual consolidated 
     National Intelligence Program budget.
       ``(d) Congressional Oversight.--(1) The Director of 
     National Intelligence shall provide to the congressional 
     intelligence committees a copy of each vulnerability 
     assessment conducted under subsection (a) not later than 10 
     days after the date of the completion of such assessment.
       ``(2) The Director of National Intelligence shall provide 
     the congressional intelligence committees with a proposed 
     schedule for subsequent vulnerability assessments of a major 
     system under subsection (b) when providing such committees 
     with the initial vulnerability assessment under subsection 
     (a) of such system as required by subsection (d).
       ``(3) The results of vulnerability assessments conducted 
     under subsection (b) shall be included in the report to 
     Congress required by section 102A(q).
       ``(e) Definitions.--In this section:
       ``(1) The term `items of supply'--
       ``(A) means any individual part, component, subassembly, 
     assembly, or subsystem integral to a major system, and other 
     property which may be replaced during the service life of the 
     major system, including spare parts and replenishment parts; 
     and
       ``(B) does not include packaging or labeling associated 
     with shipment or identification of items.
       ``(2) The term `major system' has the meaning given that 
     term in section 4 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403).
       ``(3) The term `Milestone B' means a decision to enter into 
     system development, integration, and demonstration pursuant 
     to guidance prescribed by the Director of National 
     Intelligence.
       ``(4) The term `vulnerability assessment' means the process 
     of identifying and quantifying vulnerabilities in a major 
     system and its significant items of supply.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 506A the 
     following:

``Sec. 506B. Vulnerability assessments of major systems.''.
                                 ______
                                 
  SA 5390. Mr. BOND 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. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE.

       (a) Responsibility of the Director of National 
     Intelligence.--Subsection (b) of section 102 of the National 
     Security Act of 1947 (50 U.S.C. 403) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3)--
       (A) by striking ``2004,'' and inserting ``2004 (Public Law 
     108-458; 50 U.S.C. 403 note),''; and
       (B) by striking the period at the end and inserting a 
     semicolon and ``and''; and
       (3) by adding after paragraph (3), the following new 
     paragraph:
       ``(4) conduct accountability reviews of elements of the 
     intelligence community and the personnel of such elements, if 
     appropriate.''.
       (b) Tasking and Other Authorities.--Subsection (f) of 
     section 102A of such Act (50 U.S.C. 403-1) is amended--
       (1) by redesignating paragraphs (7) and (8), as paragraphs 
     (8) and (9), respectively; and
       (2) by inserting after paragraph (6), the following new 
     paragraph:
       ``(7)(A) The Director of National Intelligence shall, if 
     the Director determines it is necessary, or may, if requested 
     by a congressional intelligence committee, conduct an 
     accountability review of an element of the intelligence 
     community or the personnel of such element in relation to a 
     failure or deficiency within the intelligence community.
       ``(B) The Director of National Intelligence, in 
     consultation with the Attorney General, shall establish 
     guidelines and procedures for conducting an accountability 
     review under subparagraph (A).
       ``(C)(i) The Director of National Intelligence shall 
     provide the findings of an accountability review conducted 
     under subparagraph (A) and the Director's recommendations for 
     corrective or punitive action, if any, to the head of the 
     applicable element of the intelligence community. Such 
     recommendations may include a recommendation for dismissal of 
     personnel.
       ``(ii) If the head of such element does not implement a 
     recommendation made by the Director under clause (i), the 
     head of such element shall submit to the congressional 
     intelligence committees a notice of the determination not to 
     implement the recommendation, including the reasons for the 
     determination.
       ``(D) The requirements of this paragraph shall not limit 
     any authority of the Director of National Intelligence under 
     subsection (m) or with respect to supervision of the Central 
     Intelligence Agency.''.
                                 ______
                                 
  SA 5391. Mr. BOND 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. FUTURE BUDGET PROJECTIONS.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.) is amended by inserting after 
     section 506A the following new section:


                      ``future budget projections

       ``Sec. 506B.  (a) Future Year Intelligence Plans.--(1) The 
     Director of National Intelligence, with the concurrence of 
     the Office of Management and Budget, shall provide to the 
     congressional intelligence committees a Future Year 
     Intelligence Plan, as described in paragraph (2), for--
       ``(A) each expenditure center in the National Intelligence 
     Program; and
       ``(B) each major system in the National Intelligence 
     Program.
       ``(2)(A) A Future Year Intelligence Plan submitted under 
     this subsection shall include the year-by-year proposed 
     funding for each center or system referred to in subparagraph 
     (A) or (B) of paragraph (1), for the budget year in which the 
     Plan is submitted and not less than the 4 subsequent budget 
     years.
       ``(B) A Future Year Intelligence Plan submitted under 
     subparagraph (B) of paragraph (1) for a major system shall 
     include--
       ``(i) the estimated total life-cycle cost of such major 
     system; and
       ``(ii) any major acquisition or programmatic milestones for 
     such major system.
       ``(b) Long-Term Budget Projections.--(1) The Director of 
     National Intelligence, with the concurrence of the Director 
     of the Office of Management and Budget, shall provide to the 
     congressional intelligence committees a Long-term Budget 
     Projection for each element of the National Intelligence 
     Program acquiring a major system that includes the budget for 
     such element for the 10-year period following the last budget 
     year for which proposed funding was submitted under 
     subsection (a)(2)(A).
       ``(2) A Long-term Budget Projection submitted under 
     paragraph (1) shall include, at a minimum, projections for 
     the appropriate element of the intelligence community for--

[[Page 18370]]

       ``(A) pay and benefits of officers and employees of such 
     element;
       ``(B) other operating and support costs and minor 
     acquisitions of such element;
       ``(C) research and technology required by such element;
       ``(D) current and planned major system acquisitions for 
     such element; and
       ``(E) any unplanned but necessary next-generation major 
     system acquisitions for such element.
       ``(c) Submission to Congress.--Each Future Year 
     Intelligence Plan or Long-term Budget Projection required 
     under subsection (a) or (b) shall be submitted to Congress 
     along with the budget for a fiscal year submitted to Congress 
     by the President pursuant to section 1105(a) of title 31, 
     United States Code.
       ``(d) Content of Long-Term Budget Projections.--(1) Each 
     Long-term Budget Projection submitted under subsection (b) 
     shall include--
       ``(A) a budget projection based on constrained budgets, 
     effective cost and schedule execution of current or planned 
     major system acquisitions, and modest or no cost-growth for 
     undefined, next-generation systems; and
       ``(B) a budget projection based on constrained budgets, 
     modest cost increases in executing current and planned 
     programs, and more costly next-generation systems.
       ``(2) Each budget projection required by paragraph (1) 
     shall include a description of whether, and to what extent, 
     the total projection for each year exceeds the level that 
     would result from applying the most recent Office of 
     Management and Budget inflation estimate to the budget of 
     that element of the intelligence community.
       ``(e) Increase in Future Budget Projections.--(1) Not later 
     than 30 days prior to the date that an element of the 
     intelligence community may proceed to Milestone A, Milestone 
     B, or an analogous stage of system development, in the 
     acquisition of a major system in the National Intelligence 
     Program, the Director of National Intelligence, with the 
     concurrence of the Director of the Office of Management and 
     Budget, shall provide a report on such major system to the 
     congressional intelligence committees.
       ``(2)(A) A report submitted under paragraph (1) shall 
     include an assessment of whether, and to what extent, such 
     acquisition, if developed, procured, and operated, is 
     projected to cause an increase in the most recent Future Year 
     Intelligence Plan and Long-term Budget Projection for that 
     element of the intelligence community.
       ``(B) If an increase is projected under subparagraph (A), 
     the report required by this subsection shall include a 
     specific finding, and the reasons therefor, by the Director 
     of National Intelligence and the Director of the Office of 
     Management and Budget that such increase is necessary for 
     national security.
       ``(f) Definitions.--In this section:
       ``(1) The term `major system' has the meaning given that 
     term in section 4 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403).
       ``(2) The term `Milestone A' means a decision to enter into 
     concept refinement and technology maturity demonstration 
     pursuant to guidance issued by the Director of National 
     Intelligence.
       ``(3) The term `Milestone B' means a decision to enter into 
     system development, integration, and demonstration pursuant 
     to guidance prescribed by the Director of National 
     Intelligence.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 506A the 
     following:

``Sec. 506F. Future budget projections.''.

       (c) Definition of Major System.--Paragraph (3) of section 
     506A(e) of the National Security Act of 1947 (50 U.S.C. 415a-
     1(e)) is amended to read as follows:
       ``(3) The term `major system' has the meaning given that 
     term in section 4 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403).''.
                                 ______
                                 
  SA 5392. Mr. BOND 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. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.) is amended by inserting after 
     section 506A the following new section:

     ``SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE 
                   INTELLIGENCE COMMUNITY.

       ``(a) Requirement to Provide.--The Director of National 
     Intelligence shall, in consultation with the head of the 
     element of the intelligence community concerned, prepare an 
     annual personnel level assessment for such element of the 
     intelligence community that assesses the personnel levels for 
     each such element for the fiscal year following the fiscal 
     year in which the assessment is submitted.
       ``(b) Schedule.--Each assessment required by subsection (a) 
     shall be submitted to the congressional intelligence 
     committees each year along with the budget submitted by the 
     President under section 1105 of title 31, United States Code.
       ``(c) Contents.--Each assessment required by subsection (a) 
     submitted during a fiscal year shall contain, at a minimum, 
     the following information for the element of the intelligence 
     community concerned:
       ``(1) The budget submission for personnel costs for the 
     upcoming fiscal year.
       ``(2) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs of the current 
     fiscal year.
       ``(3) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs during the 
     prior 5 fiscal years.
       ``(4) The number of personnel positions requested for the 
     upcoming fiscal year.
       ``(5) The numerical and percentage increase or decrease of 
     such number as compared to the number of personnel positions 
     of the current fiscal year.
       ``(6) The numerical and percentage increase or decrease of 
     such number as compared to the number of personnel positions 
     during the prior 5 fiscal years.
       ``(7) The best estimate of the number and costs of 
     contractors to be funded by the element for the upcoming 
     fiscal year.
       ``(8) The numerical and percentage increase or decrease of 
     such costs of contractors as compared to the best estimate of 
     the costs of contractors of the current fiscal year.
       ``(9) A written justification for the requested personnel 
     and contractor levels.
       ``(10) The number of intelligence collectors and analysts 
     employed or contracted by each element of the intelligence 
     community.
       ``(11) A list of all contractors that have been the subject 
     of an investigation completed by the Inspector General of any 
     element of the intelligence community during the preceding 
     fiscal year, or are or have been the subject of an 
     investigation by such an Inspector General during the current 
     fiscal year.
       ``(12) A statement by the Director of National Intelligence 
     that, based on current and projected funding, the element 
     concerned will have sufficient--
       ``(A) internal infrastructure to support the requested 
     personnel and contractor levels;
       ``(B) training resources to support the requested personnel 
     levels; and
       ``(C) funding to support the administrative and operational 
     activities of the requested personnel levels.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by inserting after the item 
     relating to section 506A the following new item:

``Sec. 506B. Annual personnel levels assessment for the intelligence 
              community.''.
                                 ______
                                 
  SA 5393. Mr. BARRASSO (for himself and Mr. Enzi) 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, F.E. WARREN AIR FORCE BASE, 
                   CHEYENNE, WYOMING.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the County of Laramie, Wyoming (in this section 
     referred to as the ``County'') all right, title, and interest 
     of the United States in and to a parcel of real property, 
     including any improvements thereon and appurtenant easements 
     thereto, consisting of approximately 73 acres along the 
     southeastern boundary of F.E. Warren Air Force Base, 
     Cheyenne, Wyoming, for the purpose of removing the property 
     from the boundaries of the installation and permitting the 
     County to preserve the entire property for healthcare 
     facilities.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the County shall provide the United States 
     consideration, whether by cash payment, in-kind consideration 
     as described under paragraph (2), or a combination thereof, 
     in an amount that is not less than the fair market value of 
     the conveyed real property, as determined by the Secretary.
       (2) In-kind consideration.--In-kind consideration provided 
     by the County under paragraph (1) shall include the 
     acquisition, construction, provision, improvement, 
     maintenance, repair, or restoration (including environmental 
     restoration), or combination thereof, of any facilities or 
     infrastructure relating to the security of F.E. Warren Air

[[Page 18371]]

     Force Base, that the Secretary considers acceptable.
       (3) Relation to other laws.--Sections 2662 and 2802 of 
     title 10, United States Code, shall not apply to any new 
     facilities or infrastructure received by the United States as 
     in-kind consideration under paragraph (2).
       (4) Notice to congress.--The Secretary shall provide 
     written notification to the congressional defense committees 
     of the types and value of consideration provided the United 
     States under paragraph (1).
       (5) Treatment of cash consideration received.--Any cash 
     payment received by the United States under paragraph (1) 
     shall be deposited in the special account in the Treasury 
     established under subsection (b) of section 572 of title 40, 
     United States Code, and shall be available in accordance with 
     paragraph (5)(B)(ii) of such subsection.
       (c) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the County is not using the property conveyed under 
     subsection (a) in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to the property, including any 
     improvements thereon, 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. Any 
     determination of the Secretary under this subsection shall be 
     made on the record after an opportunity for a hearing.
       (2) Release of reversionary interest.--The Secretary shall 
     release, without consideration, the reversionary interest 
     retained by the United States under paragraph (1) if--
       (A) F.E. Warren Air Force Base, Cheyenne Wyoming, is no 
     longer being used for Department of Defense activities; or
       (B) the Secretary determines that the reversionary interest 
     is otherwise unnecessary to protect the interests of the 
     United States.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     County 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) and 
     implement the receipt of in-kind consideration under 
     paragraph (b), including survey costs, appraisal costs, costs 
     related to environmental documentation, and other 
     administrative costs related to the conveyance and receipt of 
     in-kind consideration. If amounts are received from the 
     County in advance of the Secretary incurring the actual 
     costs, and the amount received exceeds the costs actually 
     incurred by the Secretary under this section, the Secretary 
     shall refund the excess amount to the County.
       (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 and implementing 
     the receipt of in-kind consideration. 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.
       (e) 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.
       (f) 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 5394. Mr. CHAMBLISS 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 V, add the following:

     SEC. 539. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR 
                   NON-DUAL STATUS TECHNICIANS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report setting forth 
     the following:
       (1) A description of the current requirements of the 
     National Guard for non-dual status technicians
       (2) A description of various means of addressing any 
     shortfalls in meeting such requirements, including both 
     temporary shortfalls and permanent shortfalls.
       (b) Considerations.--The report required by subsection (a) 
     shall take into consideration the effects of the mobilization 
     of large numbers of National Guard military technicians (dual 
     status) on the readiness of National Guard units in 
     critically important areas and on the capacity of the 
     National Guard to continue performing home-based missions and 
     responsibilities for the States.
                                 ______
                                 
  SA 5395. Mr. VOINOVICH (for himself and 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:

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

     SEC. 2842. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
                   ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE 
                   UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR 
                   FORCE BASE.

       (a) Acceptance Authorized.--The Secretary of the Air Force 
     may accept from the Air Force Museum Foundation, a private 
     nonprofit corporation, gifts in the form of cash, treasury 
     instruments, or comparable United States securities for the 
     purpose of paying the costs of design and construction of a 
     fourth building for the National Museum of the United States 
     Air Force at Wright-Patterson Air Force Base, Ohio. In making 
     a gift, the Air Force Museum Foundation may specify that all 
     or part of the amount of the gift be utilized solely for the 
     purpose of the design and construction of a particular 
     portion of the building.
       (b) Escrow Account.--
       (1) Deposit of gifts.--The Secretary of the Air Force, 
     acting through the Director of Financial Management of the 
     Air Force Materiel Command (in this section referred to as 
     the ``Director''), shall deposit the amount of any gift 
     accepted under subsection (a) in an escrow account 
     established for that purpose.
       (2) Investment.--Amounts in the escrow account not required 
     to meet current requirements of the account shall be invested 
     in public debt securities with maturities suitable to the 
     needs of the account, as determined by the Director, and 
     bearing interest at rates that take into consideration 
     current market yields on outstanding marketable obligations 
     of the United States of comparable securities. The income on 
     such investments shall be credited to and form a part of the 
     account.
       (3) Liquidation.--Upon final payment of all invoices and 
     claims associated with the design and construction of the 
     building described in subsection (a), the Secretary shall 
     terminate the escrow account. Any amounts remaining in the 
     account upon termination shall be available to the Secretary, 
     in such amounts as are provided in advance in appropriations 
     Acts, for such purposes as the Secretary considers 
     appropriate.
       (c) Use of Gifts.--
       (1) Design and construction.--The Director shall use 
     amounts in the escrow account, including income on 
     investments, to pay the costs of the design and construction 
     of a fourth building for the National Museum of the United 
     States Air Force, including progress payments for such design 
     and construction, subject to any conditions imposed by the 
     Air Force Museum Foundation under subsection (a). Amounts in 
     the account shall be available to the Director, in such 
     amounts as are provided in advance in appropriations Acts, 
     until expended.
       (2) Time for payment.--Amounts shall be payable under 
     paragraph (1) upon receipt by the Director of a notification 
     from the technical representative of the contracting officer 
     that construction activities for which such amounts are 
     payable under paragraph (1) have been undertaken. To the 
     maximum extent practicable consistent with good business 
     practice, the Director shall limit payment of amounts from 
     the account in order to maximize the return on investment of 
     amounts in the account.
       (d) Limitation on Contracts.--The Secretary of the Air 
     Force may not initiate a contract for the design or 
     construction of a particular portion of the building 
     described in subsection (a) until amounts in the escrow 
     account are sufficient to cover the amount of the contract.
                                 ______
                                 
  SA 5396. Mr. VOINOVICH (for himself and 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:

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

     SEC. 2842. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
                   ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE 
                   UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR 
                   FORCE BASE.

       (a) Acceptance Authorized.--The Secretary of the Air Force 
     may accept from the Air Force Museum Foundation, a private

[[Page 18372]]

     nonprofit corporation, gifts in the form of cash, treasury 
     instruments, or comparable United States securities for the 
     purpose of paying the costs of design and construction of a 
     fourth building for the National Museum of the United States 
     Air Force at Wright-Patterson Air Force Base, Ohio. In making 
     a gift, the Air Force Museum Foundation may specify that all 
     or part of the amount of the gift be utilized solely for the 
     purpose of the design and construction of a particular 
     portion of the building.
       (b) Escrow Account.--
       (1) Deposit of gifts.--The Secretary of the Air Force, 
     acting through the Director of Financial Management of the 
     Air Force Materiel Command (in this section referred to as 
     the ``Director''), shall deposit the amount of any gift 
     accepted under subsection (a) in an escrow account 
     established for that purpose.
       (2) Investment.--Amounts in the escrow account not required 
     to meet current requirements of the account shall be invested 
     in public debt securities with maturities suitable to the 
     needs of the account, as determined by the Director, and 
     bearing interest at rates that take into consideration 
     current market yields on outstanding marketable obligations 
     of the United States of comparable securities. The income on 
     such investments shall be credited to and form a part of the 
     account.
       (3) Liquidation.--Upon final payment of all invoices and 
     claims associated with the design and construction of the 
     building described in subsection (a), the Secretary shall 
     terminate the escrow account. Any amounts remaining in the 
     account upon termination shall be available to the Secretary, 
     in such amounts as are provided in advance in appropriations 
     Acts, for such purposes as the Secretary considers 
     appropriate.
       (c) Use of Gifts.--
       (1) Design and construction.--The Director shall use 
     amounts in the escrow account, including income on 
     investments, to pay the costs of the design and construction 
     of a fourth building for the National Museum of the United 
     States Air Force, including progress payments for such design 
     and construction, subject to any conditions imposed by the 
     Air Force Museum Foundation under subsection (a). Amounts in 
     the account shall be available to the Director, in such 
     amounts as are provided in advance in appropriations Acts, 
     until expended.
       (2) Time for payment.--Amounts shall be payable under 
     paragraph (1) upon receipt by the Director of a notification 
     from the technical representative of the contracting officer 
     that construction activities for which such amounts are 
     payable under paragraph (1) have been undertaken. To the 
     maximum extent practicable consistent with good business 
     practice, the Director shall limit payment of amounts from 
     the account in order to maximize the return on investment of 
     amounts in the account.
       (d) Limitation on Contracts.--The Secretary of the Air 
     Force may not initiate a contract for the design or 
     construction of a particular portion of the building 
     described in subsection (a) until amounts in the escrow 
     account are sufficient to cover the amount of the contract.
                                 ______
                                 
  SA 5397. Mr. VOINOVICH (for himself and 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 B of title XII, add the following:

     SEC. 1215. AVAILABILITY OF APPROPRIATED FUNDS FOR 
                   INTERNATIONAL MILITARY-TO-CIVILIAN AND 
                   CIVILIAN-TO-CIVILIAN CONTACT ACTIVITIES 
                   CONDUCTED BY THE NATIONAL GUARD.

       (a) In General.--Subchapter I of chapter 134 of title 10, 
     United States Code, as amended by section 1202 of this Act, 
     is further amended by inserting after section 2249d the 
     following new section:

     ``Sec. 2249e. International military-civilian contact 
       activities conducted by the National Guard: availability of 
       appropriated funds

       ``(a) Availability of Appropriated Funds.--Funds 
     appropriated to the Department of Defense shall be available 
     for the payment of costs incurred by the National Guard 
     (including the costs of pay and allowances of members of the 
     National Guard) in conducting international military-to-
     civilian contacts, civilian-to-civilian contacts, and 
     comparable activities for purposes as follows:
       ``(1) To support the objectives of the commander of the 
     combatant command for the theater of operations in which such 
     contacts and activities are conducted.
       ``(2) To build international civil-military partnerships 
     and capacity.
       ``(3) To strengthen cooperation between the departments and 
     agencies of the United States Government and agencies of 
     foreign governments.
       ``(4) To facilitate intergovernmental collaboration between 
     the United States Government and foreign governments.
       ``(5) To facilitate and enhance the exchange of information 
     between the United States Government and foreign governments 
     on matters relating to defense and security.
       ``(b) Limitations.--(1) Funds shall not be available under 
     subsection (a) for contacts and activities described in that 
     subsection that are conducted in a foreign country unless 
     jointly approved by the commander of the combatant command 
     concerned and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for 
     the participation of a member of the National Guard in 
     contacts and activities described in that subsection in a 
     foreign country unless the member is on active duty in the 
     armed forces at the time of such participation.
       ``(c) Reimbursement.--In the event of the participation of 
     personnel of a department or agency of the United States 
     Government (other than the Department of Defense) in contacts 
     and activities for which payment is made under subsection 
     (a), the head of such department or agency shall reimburse 
     the Secretary of Defense for the costs associated with the 
     participation of such personnel in such contacts and 
     activities. Amounts reimbursed the Department of Defense 
     under this subsection shall be deposited in the appropriation 
     or account from which amounts for the payment concerned were 
     derived. Any amounts so deposited shall be merged with 
     amounts in such appropriation or account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such appropriation 
     or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `military-to-civilian contacts' means the 
     following:
       ``(A) Contacts between members of the armed forces and 
     foreign civilian personnel.
       ``(B) Contacts between members of foreign armed forces and 
     United States civilian personnel.
       ``(2) The term `civilian-to-civilian contacts' means 
     contacts between United States civilian personnel and foreign 
     civilian personnel.
       ``(3) The term `United States civilian personnel' means the 
     following:
       ``(A) Personnel of the United States Government (including 
     personnel of departments and agencies of the United States 
     Government other than the Department of Defense) and 
     personnel of State and local governments of the United 
     States.
       ``(B) Members and employees of the legislative branch, and 
     non-governmental individuals, if the participation of such 
     individuals in contacts and activities described in 
     subsection (a)--
       ``(i) contributes to responsible management of defense 
     resources;
       ``(ii) fosters greater respect for and understanding of the 
     principle of civilian control of the military;
       ``(iii) contributes to cooperation between foreign military 
     and civilian government agencies and United States military 
     and civilian governmental agencies; or
       ``(iv) improves international partnerships and capacity on 
     matters relating to defense and security.
       ``(4) The term `foreign civilian personnel' means the 
     following:
       ``(A) Civilian personnel of foreign governments at any 
     level (including personnel of ministries other than 
     ministries of defense).
       ``(B) Non-governmental individuals of foreign countries, if 
     the participation of such individuals in contacts and 
     activities described in subsection (a) will further the 
     achievement of any matter set forth in clauses (i) through 
     (iv) of paragraph (3)(B).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 134 of such title, as so amended, is 
     further amended by inserting after the item relating to 
     section 2249d the following new item:

``2249e. International military-civilian contact activities conducted 
              by the National Guard: availability of appropriated 
              funds.''.
                                 ______
                                 
  SA 5398. Mr. VOINOVICH (for himself and 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 B of title XII, add the following:

     SEC. 1215. AVAILABILITY OF APPROPRIATED FUNDS FOR 
                   INTERNATIONAL MILITARY-TO-CIVILIAN AND 
                   CIVILIAN-TO-CIVILIAN CONTACT ACTIVITIES 
                   CONDUCTED BY THE NATIONAL GUARD.

       (a) In General.--Subchapter I of chapter 134 of title 10, 
     United States Code, as amended by section 1202 of this Act, 
     is further amended by inserting after section 2249d the 
     following new section:

[[Page 18373]]



     ``Sec. 2249e. International military-civilian contact 
       activities conducted by the National Guard: availability of 
       appropriated funds

       ``(a) Availability of Appropriated Funds.--Funds 
     appropriated to the Department of Defense shall be available 
     for the payment of costs incurred by the National Guard 
     (including the costs of pay and allowances of members of the 
     National Guard) in conducting international military-to-
     civilian contacts, civilian-to-civilian contacts, and 
     comparable activities for purposes as follows:
       ``(1) To support the objectives of the commander of the 
     combatant command for the theater of operations in which such 
     contacts and activities are conducted.
       ``(2) To build international civil-military partnerships 
     and capacity.
       ``(3) To strengthen cooperation between the departments and 
     agencies of the United States Government and agencies of 
     foreign governments.
       ``(4) To facilitate intergovernmental collaboration between 
     the United States Government and foreign governments.
       ``(5) To facilitate and enhance the exchange of information 
     between the United States Government and foreign governments 
     on matters relating to defense and security.
       ``(b) Limitations.--(1) Funds shall not be available under 
     subsection (a) for contacts and activities described in that 
     subsection that are conducted in a foreign country unless 
     jointly approved by the commander of the combatant command 
     concerned and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for 
     the participation of a member of the National Guard in 
     contacts and activities described in that subsection in a 
     foreign country unless the member is on active duty in the 
     armed forces at the time of such participation.
       ``(c) Reimbursement.--In the event of the participation of 
     personnel of a department or agency of the United States 
     Government (other than the Department of Defense) in contacts 
     and activities for which payment is made under subsection 
     (a), the head of such department or agency shall reimburse 
     the Secretary of Defense for the costs associated with the 
     participation of such personnel in such contacts and 
     activities. Amounts reimbursed the Department of Defense 
     under this subsection shall be deposited in the appropriation 
     or account from which amounts for the payment concerned were 
     derived. Any amounts so deposited shall be merged with 
     amounts in such appropriation or account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such appropriation 
     or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `military-to-civilian contacts' means the 
     following:
       ``(A) Contacts between members of the armed forces and 
     foreign civilian personnel.
       ``(B) Contacts between members of foreign armed forces and 
     United States civilian personnel.
       ``(2) The term `civilian-to-civilian contacts' means 
     contacts between United States civilian personnel and foreign 
     civilian personnel.
       ``(3) The term `United States civilian personnel' means the 
     following:
       ``(A) Personnel of the United States Government (including 
     personnel of departments and agencies of the United States 
     Government other than the Department of Defense) and 
     personnel of State and local governments of the United 
     States.
       ``(B) Members and employees of the legislative branch, and 
     non-governmental individuals, if the participation of such 
     individuals in contacts and activities described in 
     subsection (a)--
       ``(i) contributes to responsible management of defense 
     resources;
       ``(ii) fosters greater respect for and understanding of the 
     principle of civilian control of the military;
       ``(iii) contributes to cooperation between foreign military 
     and civilian government agencies and United States military 
     and civilian governmental agencies; or
       ``(iv) improves international partnerships and capacity on 
     matters relating to defense and security.
       ``(4) The term `foreign civilian personnel' means the 
     following:
       ``(A) Civilian personnel of foreign governments at any 
     level (including personnel of ministries other than 
     ministries of defense).
       ``(B) Non-governmental individuals of foreign countries, if 
     the participation of such individuals in contacts and 
     activities described in subsection (a) will further the 
     achievement of any matter set forth in clauses (i) through 
     (iv) of paragraph (3)(B).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 134 of such title, as so amended, is 
     further amended by inserting after the item relating to 
     section 2249d the following new item:

``2249e. International military-civilian contact activities conducted 
              by the National Guard: availability of appropriated 
              funds.''.
                                 ______
                                 
  SA 5399. Mrs. CLINTON 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 G of title V, add the following:

     SEC. 587. IMPROVEMENT OF POLICIES AND PRACTICES OF THE ARMED 
                   FORCES REGARDING PREVENTION AND RESPONSE TO 
                   SEXUAL ASSAULT AND RAPE.

       (a) Strategy to Encourage Investigation and Prosecution of 
     Cases.--
       (1) In general.--Not later than six months after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     develop a comprehensive strategy to increase and encourage 
     the prevention, investigation, and prosecution of cases of 
     sexual assault and rape in the Armed Forces.
       (2) Basis for strategy.--The strategy required by paragraph 
     (1) shall be based on the following:
       (A) An analysis of trends in the prevention and reporting 
     of cases of sexual assaults and rape in the Armed Forces.
       (B) A review of current training methods for all personnel 
     involved in military investigations of cases of sexual 
     assault and rape in the Armed Forces, including judge 
     advocate general staff.
       (C) A review of the capacity of the legal infrastructure of 
     the Armed Forces to investigate and prosecute effectively 
     cases of sexual assault in the Armed Forces.
       (D) An identification and analysis of any additional 
     barriers, such as the availability of staff and the adequacy 
     of resources, on military installations and facilities in the 
     United States and abroad, and in theaters of operations, to 
     conduct effective investigations of cases of sexual assault 
     and rape in the Armed Forces.
       (E) A review of the disposition of cases of sexual assault 
     and rape in the Armed Forces.
       (F) Such other matters as the Secretary considers 
     appropriate.
       (3) Elements.--The strategy required by paragraph (1) shall 
     include the following:
       (A) Guidelines for expanding, enhancing, and developing 
     programs for the Armed Forces on prevention and response to 
     sexual assault and rape that use proven best-practice 
     methods, support victims of sexual assault or rape, and focus 
     on creating a culture with zero tolerance for sexual assault 
     and rape.
       (B) A plan for increased oversight of existing programs of 
     the Armed Forces on prevention and response to sexual assault 
     and rape, including the establishment of--
       (i) performance metrics to evaluate the effectiveness of 
     such programs; and
       (ii) a timeline for the implementation of such metrics.
       (C) In light of the review under paragraph (2)(B), 
     recommendations for improvements to training described in 
     that paragraph, and a timeline for the implementation of new 
     training methods as a result of such review.
       (D) A plan for increased communication and data sharing 
     between the Sexual Assault Prevention and Response Office and 
     other components of the Armed Forces, on the one hand, and 
     the Department of Defense, on the other, to enhance 
     coordination and oversight of cases of sexual assault and 
     rape in the Armed Forces as such cases move through the legal 
     process.
       (E) In light of the review under paragraph (2)(C), 
     recommendations for improvements to the legal infrastructure 
     of the Armed Forces to ensure that the capacity of such 
     infrastructure is adequate to meet the needs of victims of 
     sexual assault in the Armed Forces.
       (F) In light of the review under paragraph (2)(D), 
     recommendations for ways to eliminate the barriers identified 
     under that paragraph.
       (G) Such other matters as the Secretary considers 
     appropriate.
       (b) Policies Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall prescribe policies for the Armed Forces as follows:
       (1) To require military commanders to report on the 
     outcomes of cases of sexual assault and rape in units under 
     their command, including--
       (A) a description of the actions taken to punish 
     assailants;
       (B) a description of any retaliatory measures experienced 
     by victims; and
       (C) a detailed justification for disposing of such cases 
     through nonjudicial punishment or other administrative 
     actions.
       (2) To classify a military protective order as a standing 
     military order, with such order to be overturned only after 
     an investigation has occurred and appropriate command 
     authorities have completely adjudicated allegations.
       (3) To require notification to appropriate local civilian 
     law enforcement agencies on any military protective order 
     issued at a military installation to provide continuity of 
     protection to victims of sexual assault or rape in the Armed 
     Forces.
       (4) To require that each member of the Armed Forces who has 
     notified the member's command that the member has been 
     sexually

[[Page 18374]]

     assaulted or raped is afforded an opportunity to be 
     transferred to another unit if a military protective order is 
     issued.
                                 ______
                                 
  SA 5400. 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:

       On page 309, after line 20, add the following:

     SEC. 1068. IMPROVEMENT OF INFORMATION FOR MEMBERS AND FORMER 
                   MEMBERS OF THE ARMED FORCES ON UPGRADES OF 
                   DISCHARGE.

       (a) Clarification and Improvement of Information.--
       (1) Required notices.--
       (A) Notice that upgrade is not automatic.--
       (i) In general.--Each member of the Armed Forces who is 
     being considered for or processed for an administrative or 
     any other type of discharge shall receive written notice that 
     an upgrade in the characterization of discharge will not 
     automatically result from review of the discharge by a board 
     of review under section 1533 of title 10, United States Code. 
     The notice shall be dated and shall be provided to the member 
     at least 30 days prior to any deadline to elect a particular 
     characterization or type of discharge or manner of 
     processing.
       (ii) Related clarification.--The notice of discharge issued 
     to a member of the Armed Forces upon discharge may not 
     contain or include any information, references, or other 
     material that is inconsistent with the notice required under 
     clause (i).
       (B) Notice of right to obtain legal counsel.--
       (i) In general.--The written notice required under 
     subparagraph (A) shall also advise the member in bold letters 
     that the member has the right to meet with and discuss his or 
     her discharge options with military legal counsel prior to 
     electing a characterization or type of discharge or manner of 
     processing. The notice must provide the name, rank, phone 
     number, email address, and physical address of the military 
     legal counsel responsible for providing legal advice to 
     members.
       (ii) Delay in processing.--Processing for the discharge of 
     a member of the Armed Forces cannot proceed until the member 
     has either met with military legal counsel or elected in 
     writing not to do so. A member must be given at least 5 duty 
     days after meeting with military legal counsel to make an 
     election regarding characterization or type of discharge or 
     manner of processing.
       (C) Acknowledgment of receipt of notice.--A member of the 
     Armed Forces receiving notices under subparagraphs (A) and 
     (B) shall be required to acknowledge receipt of such notices 
     by placement of his or her initials or other identifying sign 
     or symbol next to the paragraph or paragraphs that contain 
     such notices. The member shall be provided with a copy of the 
     initialed notices, and a copy of such notices shall be 
     retained in any personnel or other files maintained on such 
     member by the Armed Forces.
       (2) Enhancement of information on application for upgrade 
     of discharge.--Each Secretary concerned shall make available 
     to the public through an Internet website available to the 
     public and by other appropriate mechanisms, information on 
     the means by which former members of the Armed Forces under 
     the jurisdiction of such Secretary may apply for a review and 
     upgrade of their discharge from the Armed Forces under 
     section 1553 of title 10, United States Code.
       (3) Annual reports on actions by boards of review.--
       (A) In general.--Each Secretary concerned shall, on an 
     annual basis, make available to the public information on the 
     reviews of discharge or dismissal undertaken under section 
     1553 of title 10, United States Code, by boards of review 
     under the jurisdiction of such Secretary during the preceding 
     year. The information shall include, for each Armed Force, 
     the following:
       (i) The number of motions for review received by the boards 
     of review during the year.
       (ii) The number of reviews conducted by the boards of 
     review during the year.
       (iii) The number of discharges upgraded as a result of the 
     reviews referred to in clause (i), set forth by aggregate 
     number of discharges so upgraded and by number of each type 
     of discharge so upgraded.
       (B) Protection of private information.--Each Secretary 
     concerned shall ensure that the information on reviews made 
     available to the public under subparagraph (A) does not 
     include any personal information regarding the members of the 
     Armed Forces the discharges and dismissals of whom are the 
     subject of such reviews.
       (4) Secretary concerned defined.--In this subsection, the 
     term ``Secretary concerned'' has the meaning given that term 
     in section 101(a) of title 10, United States Code.
       (b) Enhancement of Notice to Members of the Armed Forces on 
     Consequences of Discharge Status for Benefits and Services 
     Through the Federal Government.--
       (1) In general.--The Secretary of Defense shall take 
     appropriate actions to ensure that each member of the Armed 
     Forces receives at the time of discharge from the Armed 
     Forces comprehensive information, in writing, on the effect 
     of the discharge status of such member on the benefits and 
     services available to such member through the Department of 
     Defense, the Department of Veterans Affairs, and any other 
     department or agency of the Federal Government providing 
     benefits or services to individuals in their status as former 
     members of the Armed Forces.
       (2) Information on upgrade of discharge.--The information 
     provided pursuant to paragraph (1) shall include the 
     information described in subsection (a)(2).
       (c) Requirement to Test Members of the Armed Forces for 
     Certain Injuries and Conditions Before Discharging for 
     Personality Disorders.--
       (1) Testing requirement.--The Secretary of a military 
     department may not discharge from the Armed Forces for 
     personality disorder any member of the Armed Forces unless 
     such member has undergone testing by the Department of 
     Defense for post-traumatic stress disorder, traumatic brain 
     injury, and any related mental health disorder or injury 
     prior to final action with respect to such discharge.
       (2) Restrictions on discharge for personality disorder.--
     The Secretary of a military department may not discharge from 
     the Armed Forces for personality disorder a member of the 
     Armed Forces determined by the Secretary of Defense to suffer 
     from post-traumatic stress disorder, traumatic brain injury, 
     or any related mental health disorder or injury.
       (d) Waiver of Statute of Limitations Applicable to Certain 
     Reviews of Discharges for Personality Disorders.--Section 
     1553(a) of title 10, United States Code, is amended--
       (1) in the second sentence, by striking ``A motion or 
     request for review'' and inserting ``Except as provided in 
     the following sentence, a motion or request for review''; and
       (2) by inserting after the second sentence the following: 
     ``The Secretary of Defense shall waive the 15 year time limit 
     specified in the preceding sentence in the case of a motion 
     or request for review of a discharge for personality disorder 
     of a former member who has been diagnosed by the Secretary of 
     Veterans Affairs with post-traumatic stress disorder, 
     traumatic brain injury, or any related mental health disorder 
     or injury.''.
       (e) Applicability.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize or require the upgrade of a bad conduct discharge 
     or dishonorable discharge imposed on a member of the Armed 
     Forces as the result of a conviction by court-martial, unless 
     the conviction is overturned on appeal.
                                 ______
                                 
  SA 5401. 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 G of title V, add the following:

     SEC. 587. EQUITY IN THE AWARD OF MILITARY DECORATIONS AND 
                   CITATIONS FOR SERVICE IN THE ARMED FORCES SINCE 
                   MARCH 20, 2003.

       (a) In General.--The Secretary of Defense shall take 
     appropriate actions to ensure that each member and unit of 
     the Armed Forces (including members and units of the National 
     Guard and Reserve) that has served in the Armed Forces since 
     March 20, 2003, is awarded each decoration, medal, citation, 
     commendation, or other military award to which such member or 
     unit is entitled by reason of service in the Armed Forces 
     since that date.
       (b) Audit of Awards.--In furtherance of meeting the 
     requirement in subsection (a), the Secretary shall provide 
     for a comprehensive audit of the decorations, medals, 
     citations, commendations, and other military awards awarded 
     for service in the Armed Forces since March 20, 2003, in 
     order to determine whether any decorations, medals, 
     citations, commendations, or other awards to be awarded as 
     described in that subsection have yet to be awarded.
       (c) Procedures for Expedited Review of Certain Awards.--
       (1) In general.--Each Secretary of a military department 
     shall establish procedures to provide for the expedited 
     review by general officers or flag officers, as applicable, 
     of recommendations for the award by such military department 
     of decorations medals, badges, or other military awards for 
     service in combat or under hostile fire that require the 
     approval of a general or flag officer.
       (2) Consultation.--The Secretary of the Army and the 
     Secretary of the Air Force shall each consult with the 
     adjutants general

[[Page 18375]]

     of the States under the jurisdiction of such Secretary in 
     establishing procedures under paragraph (1).
       (d) Report on Progress in Award.--Not later than one year 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a reports on the progress made in 
     the award of decorations, medals, citations, commendations, 
     and other military awards as described in that subsection.
                                 ______
                                 
  SA 5402. Mr. BROWN (for himself and Mr. Voinovich) 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, GEORGE F. PENNINGTON UNITED 
                   STATES ARMY RESERVE CENTER, MARION, OHIO.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to Marion County, Ohio (in 
     this section referred to as the ``County''), all right, 
     title, and interest of the United State in and to a parcel of 
     real property, including improvements thereon, consisting of 
     approximately 5.3 acres located at the George F. Pennington 
     United States Army Reserve Center, 2164 Harding Way Highway 
     East, Marion, Ohio, for public benefit.
       (b) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     County 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, related to the conveyance. If amounts are 
     collected from the County 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 County.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     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.
       (c) Description of 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.
       (d) Additional Term 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 5403. 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 180 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. 1) was accomplished 
     using competitive procedures. 2) provided individual users 
     the flexibility of using phone cards from other phone card 
     companies.
       (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 morale, 
     welfare, and recreation telephone services for such personnel 
     that is in effect as of the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 5404. Mrs. CLINTON (for herself and Mr. Ensign) 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 342, between lines 10 and 11, insert the following:

     SEC. 1208. SUPPORT FOR AN IRAQ OIL TRUST.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the people of Iraq should benefit directly from a share 
     of the revenues generated by the hydrocarbon resources of 
     their country; and
       (2) the United States Government should present a plan and 
     provide capacity and economic assistance for the 
     implementation of an Iraq oil trust.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the future of Iraq's oil reserves remains at the heart 
     of political reconciliation in Iraq;
       (2) ensuring that individual Iraqis benefit directly from 
     hydrocarbon revenues is critical to promoting reconciliation 
     and facilitating sustainable stability in Iraq;
       (3) the development and implementation of an oil trust 
     could provide significant benefits to Iraq and its citizens, 
     including by--
       (A) helping to demonstrate the values at the heart of 
     democratic governance by giving Iraqi citizens a direct stake 
     in the responsible and transparent management of the 
     hydrocarbon resources of Iraq and the use and distribution of 
     hydrocarbon revenues;
       (B) helping to diffuse the degree and concentration of 
     control of the revenues generated from hydrocarbon resources, 
     thereby reducing the opportunity for and magnitude of 
     corruption;
       (C) facilitating ``bottom-up'' private sector development, 
     which will be critical to Iraq's future prosperity and 
     economic diversity, by putting revenues from the oil 
     resources of Iraq directly in the hands of its citizens;
       (D) helping to alleviate the incentive for smuggling or 
     sabotage by providing individual citizens a direct stake in 
     the amount of Iraqi oil that is legally produced and sold;
       (E) contributing to sustainable security by providing 
     individuals monetary-resource alternatives to cooperating 
     with militias, extremists, and other extra-legal entities;
       (F) providing additional income directly to individual 
     citizens, thereby stimulating entrepreneurship and reducing 
     the reliance on the ability of the central and provincial 
     governments to deliver basic services and execute their 
     budgets; and
       (G) serving as a model for revenue distribution to other 
     resource-rich countries in the Middle East; and
       (4) the United States should provide assistance to Iraq for 
     implementation of an oil trust.
       (c) United States Assistance to Iraq.--
       (1) Purpose.--The purpose of this subsection is to 
     stipulate limitations on United States assistance to Iraq for 
     reconstruction purposes.
       (2) Limitation.--
       (A) In general.--Unless the Secretary of State submits to 
     the appropriate congressional committees the certification 
     described in subsection (d) within 90 days after the date of 
     the enactment of this Act, 10 percent of United States 
     assistance described in subparagraph (D) that is otherwise 
     available to Iraq through the Economic Support Fund shall be 
     withheld.
       (B) Additional withholding of funds.--An additional 10 
     percent of United States assistance described in subparagraph 
     (D) that is otherwise available to Iraq through the Economic 
     Support Fund shall be withheld for each additional 30 days 
     after funds are withheld under subparagraph (A) until the 
     Secretary of State makes the certification described in 
     subsection (d).
       (C) Release of withheld funds.--Any funds withheld under 
     subparagraphs (A) and (B) shall be made available upon 
     submission by the Secretary of State of the certification 
     described in subsection (d).
       (D) Covered assistance.--The assistance referred to in 
     subparagraphs (A) and (B) are the following funds:
       (i) Provincial Reconstruction Development Council Funds.
       (ii) Operations and Maintenance Sustainment.
       (iii) Targeted Development Program.
       (d) Certification.--The certification referred to in 
     subsection (c) is a certification submitted by the Secretary 
     of State to the appropriate congressional committees that--
       (1) certifies that representatives of the United States 
     Government have presented to Government of Iraq 
     representatives an oil trust plan that includes--
       (A) background on oil trusts, including those currently 
     used by sovereign nations or territories and states within 
     nations; and
       (B) options for different types of oil trusts that could be 
     implemented in Iraq; and

[[Page 18376]]

       (2) includes a discussion on the steps necessary to 
     implement an oil trust.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 5405. Mr. DeMINT 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:

       Strike section 1002.
                                 ______
                                 
  SA 5406. Mr. LEAHY (for himself, Mr. Bond, Mr. Feingold, Mr. Brown, 
Ms. Klobuchar, Mr. Harkin, Mr. Johnson, Mr. Casey, Mr. Byrd, Mr. 
Grassley, Mr. Smith, Mr. Cardin, and Mr. Craig) 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 division A, add the following:

       TITLE XVII--NATIONAL GUARD EMPOWERMENT AND RELATED MATTERS

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``National Guard Empowerment 
     and State-National Defense Integration Act of 2008''.

     SEC. 1702. EXPANDED AUTHORITY OF THE CHIEF OF THE NATIONAL 
                   GUARD BUREAU.

       (a) Membership on Joint Chiefs of Staff.--
       (1) In general.--Section 151(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(7) The Chief of the National Guard Bureau.''.
       (2) Conforming amendment.--Section 10502 of such title is 
     amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Member of Joint Chiefs of Staff.--The Chief of the 
     National Guard Bureau shall perform the duties prescribed for 
     him or her as a member of the Joint Chiefs of Staff under 
     section 151 of this title.''.
       (b) Annual Report to Congress on Validated Requirements.--
     Section 10504 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Annual Report on Validated Requirements.--Not later 
     than December 31 each year, the Chief of the National Guard 
     Bureau shall submit to Congress a report on the following:
       ``(1) The requirements validated under section 10503a(b)(1) 
     of this title during the preceding fiscal year.
       ``(2) The requirements referred to in paragraph (1) for 
     which funding is to be requested in the next budget for a 
     fiscal year under section 10544 of this title.
       ``(3) The requirements referred to in paragraph (1) for 
     which funding will not be requested in the next budget for a 
     fiscal year under section 10544 of this title.''.

     SEC. 1703. EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.

       (a) Military Assistance for Civil Authorities.--Chapter 
     1011 of title 10, United States Code, is amended by inserting 
     after section 10503 the following new section:

     ``Sec. 10503a. Functions of National Guard Bureau: military 
       assistance to civil authorities

       ``(a) Identification of Additional Necessary Assistance.--
     The Chief of the National Guard Bureau shall--
       ``(1) identify gaps between Federal and State military 
     capabilities to prepare for and respond to emergencies; and
       ``(2) make recommendations to the Secretary of Defense on 
     programs and activities of the National Guard for military 
     assistance to civil authorities to address such gaps.
       ``(b) Scope of Responsibilities.--In meeting the 
     requirements of subsection (a), the Chief of the National 
     Guard Bureau shall, in coordination with the adjutants 
     general of the States, have responsibilities as follows:
       ``(1) To validate the requirements of the several States 
     and Territories with respect to military assistance to civil 
     authorities.
       ``(2) To develop doctrine and training requirements 
     relating to the provision of military assistance to civil 
     authorities.
       ``(3) To acquire equipment, materiel, and other supplies 
     and services for the provision of military assistance to 
     civil authorities.
       ``(4) To assist the Secretary of Defense in preparing the 
     budget required under section 10544 of this title.
       ``(5) To administer amounts provided the National Guard for 
     the provision of military assistance to civil authorities.
       ``(6) To carry out any other responsibility relating to the 
     provision of military assistance to civil authorities as the 
     Secretary of Defense shall specify.
       ``(c) Assistance.--The Chairman of the Joint Chiefs of 
     Staff shall assist the Chief of the National Guard Bureau in 
     carrying out activities under this section.
       ``(d) Consultation.--(1) The Chief of the National Guard 
     Bureau shall carry out activities under this section through 
     and utilizing an integrated planning process established by 
     the Chief of the National Guard Bureau for purposes of this 
     subsection. The planning process may be known as the 
     `National Guard Bureau Strategic Integrated Planning 
     Process'.
       ``(2)(A) Under the integrated planning process established 
     under paragraph (1)--
       ``(i) the planning committee described in subparagraph (B) 
     shall develop and submit to the planning directorate 
     described in subparagraph (C) plans and proposals on such 
     matters under the planning process as the Chief of the 
     National Guard Bureau shall designate for purposes of this 
     subsection; and
       ``(ii) the planning directorate shall review and make 
     recommendations to the Chief of the National Guard Bureau on 
     the plans and proposals submitted to the planning directorate 
     under clause (i).
       ``(B) The planning committee described in this subparagraph 
     is a planning committee (to be known as the `State Strategic 
     Integrated Planning Committee') composed of the adjutant 
     general of each of the several States, the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, and the District of 
     Columbia.
       ``(C) The planning directorate described in this 
     subparagraph is a planning directorate (to be known as the 
     `Federal Strategic Integrated Planning Directorate') composed 
     of the following (as designated by the Secretary of Defense 
     for purposes of this subsection):
       ``(i) A major general of the Army National Guard.
       ``(ii) A major general of the Air National Guard.
       ``(iii) A major general of the regular Army.
       ``(iv) A major general of the regular Air Force.
       ``(v) A major general (other than a major general under 
     clauses (iii) and (iv)) of the United States Northern 
     Command.
       ``(vi) The Director of the Joint Staff of the National 
     Guard Bureau under section 10505 of this title.
       ``(vii) Seven adjutants general from the planning committee 
     under paragraph (B).''.
       (b) Budgeting for Training and Equipment for Military 
     Assistance to Civil Authorities and Other Domestic 
     Missions.--Chapter 1013 of such title is amended by adding at 
     the end the following new section:

     ``Sec. 10544. National Guard training and equipment: budget 
       for military assistance to civil authorities and for other 
       domestic operations

       ``(a) In General.--The budget justification documents 
     materials submitted to Congress in support of the budget of 
     the President for a fiscal year (as submitted with the budget 
     of the President under section 1105(a) of title 31) shall 
     specify separate amounts for training and equipment for the 
     National Guard for purposes of military assistance to civil 
     authorities and for other domestic operations during such 
     fiscal year.
       ``(b) Scope of Funding.--The amounts specified under 
     subsection (a) for a fiscal year shall be sufficient for 
     purposes as follows:
       ``(1) The development and implementation of doctrine and 
     training requirements applicable to the assistance and 
     operations described in subsection (a) for such fiscal year.
       ``(2) The acquisition of equipment, materiel, and other 
     supplies and services necessary for the provision of such 
     assistance and such operations in such fiscal year.''.
       (c) Clerical Amendments.--
       (1) The table of sections at the beginning of chapter 1011 
     of such title is amended by inserting after the item relating 
     to section 10503 the following new item:

``10503a. Functions of National Guard Bureau: military assistance to 
              civil authorities.''.
       (2) The table of sections at the beginning of chapter 1013 
     of such title is amended by adding at the end the following 
     new item:

``10544. National Guard training and equipment: budget for military 
              assistance to civil authorities and for other domestic 
              operations.''.

     SEC. 1704. REDESIGNATION OF POSITIONS OF DIRECTOR OF THE ARMY 
                   NATIONAL GUARD, DIRECTOR OF THE AIR NATIONAL 
                   GUARD, AND ASSOCIATED POSITIONS.

       (a) Redesignation.--Section 10506 of title 10, United 
     States Code, is amended--
       (1) by striking ``Director, Army National Guard'' each 
     place it appears and inserting ``Vice Chief, Army National 
     Guard'';
       (2) by striking ``Deputy Director, Army National Guard'' 
     each place it appears and

[[Page 18377]]

     inserting ``Deputy Vice Chief, Army National Guard'';
       (3) by striking ``Director, Air National Guard'' each place 
     it appears and inserting ``Vice Chief, Air National Guard''; 
     and
       (4) by striking ``Deputy Director, Air National Guard'' 
     each place it appears and inserting ``Deputy Vice Chief, Air 
     National Guard''.
       (b) Conforming Amendment.--Section 14512(a)(2)(D) of such 
     title is amended by striking ``Director of the Army National 
     Guard, or Director of the Air National Guard'' and inserting 
     ``Vice Chief of the Army National Guard, or Vice Chief of the 
     Air National Guard''.
       (c) References.--
       (1) Director, army national guard.--Any reference in a law, 
     regulation, document, paper, or other record of the United 
     States to the Director of the Army National Guard shall be 
     deemed to be a reference to the Vice Chief of the Army 
     National Guard.
       (2) Deputy director, army national guard.--Any reference in 
     a law, regulation, document, paper, or other record of the 
     United States to the Deputy Director of the Army National 
     Guard shall be deemed to be a reference to the Deputy Vice 
     Chief of the Army National Guard.
       (3) Director, air national guard.--Any reference in a law, 
     regulation, document, paper, or other record of the United 
     States to the Director of the Air National Guard shall be 
     deemed to be a reference to the Vice Chief of the Air 
     National Guard.
       (4) Deputy director, air national guard.--Any reference in 
     a law, regulation, document, paper, or other record of the 
     United States to the Deputy Director of the Air National 
     Guard shall be deemed to be a reference to the Deputy Vice 
     Chief of the Air National Guard.

     SEC. 1705. TREATMENT OF CERTAIN SERVICE AS JOINT DUTY 
                   EXPERIENCE.

       (a) Vice Chiefs, Army and Air National Guard.--Section 
     10506(a)(3) of title 10, United States Code, as amended by 
     section 1704(a) of this Act, is further amended--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Service of an officer as adjutant general shall be 
     treated as joint duty experience for purposes of assignment 
     or promotion to any position designated by law as open to a 
     National Guard general officer.''.
       (b) Adjutants General and Similar Officers.--The service of 
     an officer of the Armed Forces as adjutant general, or as an 
     officer (other than adjutant general) of the National Guard 
     of a State who performs the duties of adjutant general under 
     the laws of such State, shall be treated as joint duty or 
     joint duty experience for purposes of any provisions of law 
     required such duty or experience as a condition of assignment 
     or promotion.
       (c) Report on Duty in Joint Force Headquarters To Qualify 
     as Joint Duty Experience.--Not later than April 1, 2009, the 
     Chief of the National Guard Bureau shall, in consultation 
     with the adjutants general of the National Guard, submit to 
     the Chairman of the Joint Chiefs of Staff and to Congress a 
     report setting forth the recommendations of the Chief of the 
     National Guard Bureau as to which duty of officers of the 
     National Guard in the Joint Force Headquarters of the 
     National Guard of the States should qualify as joint duty or 
     joint duty experience for purposes of the provisions of law 
     requiring such duty or experience as a condition of 
     assignment or promotion.
       (d) Reports on Joint Education Courses.--Not later than 
     April 1 of each of 2009, 2010, and 2011, the Chairman of the 
     Joint Chiefs of Staff shall submit to Congress a report 
     setting forth information on the joint education courses 
     available through the Department of Defense for purposes of 
     the pursuit of joint careers by officers in the Armed Forces. 
     Each report shall include, for the preceding year, the 
     following:
       (1) A list and description of the joint education courses 
     so available during such year.
       (2) A list and description of the joint education courses 
     listed under paragraph (1) that are available to and may be 
     completed by officers of the reserve components of the Armed 
     Forces in other than an in-resident duty status under title 
     10, United States Code, or title 32, United States Code.
       (3) For each course listed under paragraph (1), the number 
     of officers from each Armed Force who pursued such course 
     during such year, including the number of officers of the 
     Army National Guard, and of the Air National Guard, who 
     pursued such course.

     SEC. 1706. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED 
                   STATES NORTHERN COMMAND AND OTHER COMBATANT 
                   COMMANDS.

       (a) Commands Responsible for Support to Civil Authorities 
     in the United States.--The United States Northern Command and 
     the United States Pacific Command shall be the combatant 
     commands of the Armed Forces that are principally responsible 
     for the support of civil authorities in the United States by 
     the Armed Forces.
       (b) Discharge of Responsibility.--In discharging the 
     responsibility set forth in subsection (a), the Commander of 
     the United States Northern Command and the Commander of the 
     United States Pacific Command shall each--
       (1) in consultation with and acting through the Chief of 
     the National Guard Bureau and the Joint Force Headquarters of 
     the National Guard of the State or States concerned, assist 
     the States in the employment of the National Guard under 
     State control, including National Guard operations conducted 
     in State active duty or under title 32, United States Code; 
     and
       (2) facilitate the deployment of the Armed Forces on active 
     duty under title 10, United States Code, as necessary to 
     augment and support the National Guard in its support of 
     civil authorities when National Guard operations are 
     conducted under State control, whether in State active duty 
     or under title 32, United States Code.
       (c) Memorandum of Understanding Regarding the United States 
     Northern Command and Other Combatant Commands.--
       (1) Memorandum required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Northern Command, the Commander of the United 
     States Pacific Command, and the Chief of the National Guard 
     Bureau shall, with the approval of the Secretary of Defense, 
     jointly enter into a memorandum of understanding setting 
     forth the operational relationships, and individual roles and 
     responsibilities, during responses to domestic emergencies 
     among the United States Northern Command, the United States 
     Pacific Command, and the National Guard Bureau.
       (2) Modification.--The Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau may from 
     time to time modify the memorandum of understanding under 
     this subsection to address changes in circumstances and for 
     such other purposes as the Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau jointly 
     consider appropriate. Each such modification shall be subject 
     to the approval of the Secretary of Defense.
       (d) Authority To Modify Assignment of Command 
     Responsibility.--Nothing in this section shall be construed 
     as altering or limiting the power of the President or the 
     Secretary of Defense to modify the Unified Command Plan in 
     order to assign all or part of the responsibility described 
     in subsection (a) to a combatant command other than the 
     United States Northern Command or the United States Pacific 
     Command.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations for purposes of aiding the expeditious 
     implementation of the authorities and responsibilities in 
     this section.

     SEC. 1707. STATE CONTROL OF FEDERAL MILITARY FORCES ENGAGED 
                   IN ACTIVITIES WITHIN THE STATES AND 
                   POSSESSIONS.

       (a) In General.--Part I of subtitle A of title 10, United 
     States Code, is amended by inserting after chapter 15 the 
     following new chapter:

  ``CHAPTER 16--CONTROL OF THE ARMED FORCES IN ACTIVITIES WITHIN THE 
                         STATES AND POSSESSIONS

``Sec.
``341. Tactical control of the armed forces engaged in activities 
              within the States and possessions: emergency response 
              activities.

     ``Sec. 341. Tactical control of the armed forces engaged in 
       activities within the States and possessions: emergency 
       response activities

       ``(a) In General.--The Secretary of Defense shall prescribe 
     in regulations policies and procedures to assure that 
     tactical control of the armed forces on active duty within a 
     State or possession is vested in the governor of the State or 
     possession, as the case may be, when such forces are engaged 
     in emergency response activities within such State or 
     possession.
       ``(b) Discharge Through Joint Force Headquarters.--The 
     policies and procedures required under subsection (a) shall 
     provide for the discharge of tactical control by the governor 
     of a State or possession as described in that subsection 
     through the Joint Force Headquarters of the National Guard in 
     the State or possession, as the case may be, acting through 
     the officer of the National Guard in command of the 
     Headquarters.
       ``(c) Possessions Defined.--Notwithstanding any provision 
     of section 101(a), in this section, the term `possessions' 
     means the Commonwealth of Puerto Rico, Guam, and the Virgin 
     Islands.''.
       (b) Clerical Amendments.--The tables of chapters at the 
     beginning of title 10, United States Code, and at the 
     beginning of part I of subtitle A of such title, are each 
     amended by inserting after the item relating to chapter 15 
     the following new item:

``16. Control of the Armed Forces in Activities Within the States and 
    Possessions..............................................341''.....

     SEC. 1708. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS 
                   IN CERTAIN COMMAND POSITIONS.

       (a) Commander of Army North Command.--The officer serving 
     in the position of Commander, Army North Command, shall be an 
     officer in the Army National Guard of the United States.

[[Page 18378]]

       (b) Commander of Air Force North Command.--The officer 
     serving in the position of Commander, Air Force North 
     Command, shall be an officer in the Air National Guard of the 
     United States.
       (c) Sense of Congress.--It is the sense of Congress that, 
     in assigning officers to the command positions specified in 
     subsections (a) and (b), the President should afford a 
     preference in assigning officers in the Army National Guard 
     of the United States or Air National Guard of the United 
     States, as applicable, who have served as the adjutant 
     general of a State.
       (d) Certain Joint Task Force Positions.--
       (1) In general.--Of the officers serving in the positions 
     specified in each subparagraph of paragraph (2), as least one 
     such officer under each subparagraph shall be an officer in 
     the Army National Guard of the United States or an officer in 
     the Air National Guard of the United States.
       (2) Covered positions.--The positions specified in this 
     paragraph are:
       (A) Commander, Joint Task Force Alaska, and Deputy 
     Commander, Joint Task Force Alaska.
       (B) Commander, Joint Task Force Civil Support, and Deputy 
     Commander, Joint Task Force Civil Support.
       (C) Commander, Joint Task Force North, and Deputy 
     Commander, Joint Task Force North.
                                 ______
                                 
  SA 5407. 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 X, add the following:

     SEC. 1041. SAFETY OF EXPEDITIONARY FACILITIES, 
                   INFRASTRUCTURE, AND EQUIPMENT SUPPORTING UNITED 
                   STATES MILITARY OPERATIONS OVERSEAS.

       In order to assure the safe utilization by the Armed Forces 
     of expeditionary facilities, infrastructure, and equipment 
     supporting United States military operations overseas, the 
     Secretary of Defense shall certify to the congressional 
     defense committees, by not later than March 30, 2009, that 
     each of the following actions have been accomplished:
       (1) That generally accepted industry standards for the 
     safety of personnel are incorporated into military 
     regulations establishing requirements for facilities, 
     infrastructure, and equipment, including standards with 
     respect to fire protection and structural integrity, and 
     standards with respect to electrical systems, water 
     treatment, and telecommunication networks.
       (2) That each contract or task or delivery order carried 
     out for the construction, installation, repair, maintenance, 
     or operation of expeditionary facilities for the Armed Forces 
     overseas incorporates generally accepted industry standards 
     for the safety of personnel utilizing such facilities.
       (3) That the standards required under paragraphs (1) and 
     (2) apply in all current and future United States military 
     operations overseas.
                                 ______
                                 
  SA 5408. Mr. BROWNBACK 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 X, add the following:

     SEC. 1041. CONSIDERATION OF ADVISORY MISSIONS BY THE 
                   DEPARTMENT OF DEFENSE IN SUPPORT OF UNITED 
                   STATES EFFORTS TO BUILD PARTNER CAPACITY IN THE 
                   GLOBAL WAR ON TERRORISM IN THE 2009 QUADRENNIAL 
                   DEFENSE REVIEW.

       (a) In General.--In conducting the quadrennial defense 
     review required in 2009 by section 118 of title 10, United 
     States Code, the Secretary of Defense shall assess the 
     following:
       (1) The advisability of advisory missions by the Department 
     of Defense in support of United States efforts to build 
     partner capacity in the Global War on Terrorism, including 
     advisory missions as follows:
       (A) Combat advisory missions to train ground forces and air 
     forces of partner countries.
       (B) Advisory missions to the defense and interior 
     ministries of partner countries.
       (2) The forces, whether general purposes forces or special 
     operations forces, that are the most effective means of 
     undertaking the future advisory missions of the Department as 
     described in paragraph (1).
       (3) The modifications in the force structure necessary to 
     ensure the continued effectiveness of the advisory missions 
     of the Department as described in paragraph (1).
       (b) Submittal to Congress.--The quadrennial defense review 
     required to be submitted to Congress under section 118(d) of 
     title 10, United States Code, in 2010 shall include a 
     separate discussion of the results of the assessment required 
     by subsection (a).
                                 ______
                                 
  SA 5409. Mr. BROWN (for himself and Mr. Ensign) 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, may implement a plan to establish and support up 
     to 4,000 Junior Reserve Officers' Training Corps units not 
     later than fiscal year 2020.
       (b) Cooperation.--The Secretary of Defense, 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.
       (c) Report on Plan.--The Secretary of Defense shall provide 
     a report to the congressional defense committees on the 
     following:
       (1) A description of how the Secretaries of the military 
     departments can increase the number of units of the Junior 
     Reserve Officers' Training Corps specified in subsection (a), 
     including how many new units may foreseeably be established 
     per year by each service.
       (2) The annual funding necessary to support any 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 report required under 
     subsection (b), along with the report required by subsection 
     (e), shall be submitted to the congressional defense 
     committees not later than May 1, 2009.
                                 ______
                                 
  SA 5410. Mr. HARKIN (for himself and Mr. Obama) 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:

       Strike section 581 and insert the following:

     SEC. 581. DEPARTMENT OF DEFENSE POLICY ON THE PREVENTION OF 
                   SUICIDES BY MEMBERS OF THE ARMED FORCES.

       (a) Policy Required.--Not later than August 1, 2009, the 
     Secretary of Defense shall develop a comprehensive policy 
     designed to prevent suicide by members of the Armed Forces.
       (b) Purposes.--The purposes of the policy required by this 
     section shall be as follows:
       (1) To ensure that investigations, analyses, and 
     appropriate data collection can be conducted, across the 
     military departments, on the causes and factors surrounding 
     suicides by members of the Armed Forces.
       (2) To develop effective strategies and policies for the 
     education of members of the Armed Forces and their families 
     to assist in preventing suicides and suicide attempts by 
     members of the Armed Forces.
       (c) Elements of Investigations.--The policy required by 
     subsection (b)(1) shall include, but not be limited to, the 
     following:
       (1) Requirements for investigations and data collection in 
     connection with suicides by members of the Armed Forces.
       (2) A requirement for the appointment by the appropriate 
     military authority of a separate investigating officer to 
     conduct an administrative investigation into each suicide by 
     a member of the Armed Forces in accordance with the 
     requirements specified under paragraph (1).
       (3) Requirements for minimum information to be determined 
     under each investigation pursuant to paragraph (2), 
     including, but not limited to, the following:
       (A) Any mental illness or other mental health condition, 
     including Post Traumatic

[[Page 18379]]

     Stress Disorder (PTSD), of the member of the Armed Forces 
     concerned at the time of the completion of suicide.
       (B) Any other illness or injury of the member at the time 
     of the completion of suicide.
       (C) Any receipt of health care services, including mental 
     health care services, by the member before the completion of 
     suicide.
       (D) Any utilization of prescription drugs by the member 
     before the completion of suicide.
       (E) The number, frequency, and dates of deployment of the 
     member.
       (F) The military duty assignment of the member at the time 
     of the completion of suicide.
       (G) Any observations by family members, health care 
     providers, medical care managers, and other members of the 
     Armed Forces of any symptoms of depression, anxiety, alcohol 
     or drug abuse, or other relevant behavior in the member 
     before the completion of suicide.
       (H) The results of a psychological autopsy of the member, 
     if conducted.
       (4) A requirement for a report from each administrative 
     investigation conducted pursuant to paragraph (2) which shall 
     set forth the findings and recommendations resulting from 
     such investigation.
       (5) Procedures for the protection of the confidentiality of 
     information contained in each report on an investigation 
     pursuant to paragraph (4).
       (6) A requirement that the Deputy Chief of Staff for 
     Personnel of the military department concerned receive and 
     analyze each report on an investigation pursuant to paragraph 
     (4).
       (7) The appointment by the Secretary of Defense of an 
     appropriate official or executive agent within the Department 
     of Defense to receive and analyze each report on an 
     investigation pursuant to paragraph (4) in order to--
       (A) identify trends or common causal factors in suicides by 
     members of the Armed Forces; and
       (B) advise the Secretary on means by which the suicide 
     education and prevention strategies and programs of the 
     military departments can respond appropriately and 
     effectively to such trends and causal factors.
       (8) A requirement for an annual report to the Secretary of 
     Defense by each Secretary of a military department on the 
     following:
       (A) The results of investigations into suicide by members 
     of the Armed Forces pursuant to paragraph (2) for each 
     calendar year beginning with 2010.
       (B) Actions taken to improve the suicide education and 
     prevention strategies and programs of the military 
     departments.
       (C) Total number of suicides among members of the Armed 
     Forces during the period beginning on January 1, 2002, and 
     ending at the end of the most recent calendar year quarter 
     preceding the submittal of such report, including the number 
     of suicides confirmed and the number of deaths being 
     investigated as a suicide, set forth--
       (i) by calendar year quarter in which death occurred;
       (ii) by military department of the members concerned; and
       (iii) by whether death occurred while the members concerned 
     were deployed or while assigned to permanent duty station or 
     homeport.
       (d) Construction of Investigation With Other Investigation 
     Requirements.--The investigation of the suicide by a member 
     of the Armed Forces under the policy required by this section 
     shall be in addition to any other investigation of the 
     suicide required by law, including any investigation for 
     criminal purposes.
       (e) Elements of Education.--The policy required by 
     subsection (b)(2) may include, but not be limited to, the 
     following:
       (1) A review and evaluation of existing suicide prevention 
     efforts across the military departments, including an 
     assessment of the effectiveness of current efforts and of how 
     such efforts are addressing issues related to combat stress.
       (2) A requirement for suicide prevention training (as 
     described in subsection (f)) on an annual basis for all 
     members of the Armed Forces (including members of the 
     National Guard and Reserve), for all civilian health care 
     community and family support professionals of the Department 
     of Defense, and for such other service personnel of the 
     Department as the Secretary shall designate for purposes of 
     this paragraph.
       (3) Enhancement of the basic lifesaving training course for 
     members of the Armed Forces to include within such training 
     matters relating to recognition of risk factors for suicide, 
     identification of signs and symptoms of mental health 
     concerns and combat stress, and protocols for responding to 
     crisis situations involving members of the Armed Forces who 
     may be at high risk for suicide.
       (4) Enhancement of training for military medics and medical 
     personnel to include within such training matters relating to 
     recognition of risk factors for suicide, identification of 
     signs and symptoms of mental health concerns and combat 
     stress, and protocols for responding to crisis situations 
     involving members of the Armed Forces who may be at high risk 
     for suicide.
       (5) Review and enhancement of requirements for access of 
     units to crisis response teams to prevent and respond to 
     traumatic events, such as members in crisis or loss of unit 
     members, which teams shall include qualified mental health 
     professionals and may include medical staff, chaplains, 
     family support staff, peers, and other appropriate personnel.
       (6) A campaign of outreach throughout the Armed Forces and 
     the military family communities intended to--
       (A) reduce the stigma among members of the Armed Forces and 
     their families, and in such communities, associated with 
     mental health concerns;
       (B) encourage members of the Armed Forces and individuals 
     in such communities to seek help with such concerns;
       (C) increase awareness among members of the Armed Forces 
     and in such communities that mental health is essential to 
     overall health;
       (D) increase awareness among members of the Armed Forces 
     and in such communities regarding substance abuse concerns, 
     relationship and financial difficulties, and legal and 
     occupational difficulties; and
       (E) inclusion in addresses to veterans service 
     organizations and other public addresses, and in other public 
     speeches, by senior officials of the Department of Defense of 
     the themes of the importance of mental health, and the 
     importance of seeking help on mental health concerns and 
     stress on military family members, for members of the Armed 
     Forces, veterans, and their families.
       (7) Post-deployment assistance for spouses and parents of 
     returning members including members of the National Guard and 
     Reserve, who are returning from deployment assistance in--
       (A) understanding issues that arise in the readjustment of 
     such members--
       (i) for members of the National Guard and Reserve, to 
     civilian life; and
       (ii) for members of the regular components of the Armed 
     Forces, to military life in a non-combat environment;
       (B) identifying signs and symptoms of substance abuse, 
     mental health conditions, traumatic brain injury, and risk 
     factors for suicide; and
       (C) encouraging such members and their families in seeking 
     assistance for such conditions and in seeking assistance on 
     relationship, financial, legal, and occupational 
     difficulties.
       (f) Suicide Prevention Training.--For purposes of this 
     section, suicide prevention training is comprehensive 
     training on suicide prevention (including, at a minimum, 
     education, training, peer-to-peer support methods, outreach, 
     and de-stigmatization on suicide) developed by the Secretary 
     of Defense for purposes of this section in consultation with 
     the Secretary of Veterans Affairs, the National Institute of 
     Mental Health, the Substance Abuse and Mental Health Services 
     Administration of the Department of Health and Human 
     Services, and the Centers for Disease Control and Prevention.
       (g) Report on Policy.--Not later than August 1, 2009, the 
     Secretary of the Defense shall submit to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report on the 
     policy required by this section. The report shall include the 
     following:
       (1) A description of the policy.
       (2) A plan for the implementation of the policy throughout 
     the Department of Defense, which plan shall be developed by 
     the Secretary of Defense in consultation with the following:
       (A) The Secretary of Veterans Affairs.
       (B) The National Institute of Mental Health.
       (C) The Substance Abuse and Mental Health Services 
     Administration of the Department of Health and Human 
     Services.
       (D) The Centers for Disease Control and Prevention.
       (h) Report on Actions Taken.--
       (1) In general.--Not later than August 1, 2011, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the actions taken to 
     develop and implement effective policies and strategies for 
     the education of members of the Armed Forces and their 
     families on the prevention of suicide by members of the Armed 
     Forces.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A description of the actions taken as described in 
     paragraph (1).
       (B) An evaluation and assessment of the actions referred to 
     in subparagraph (A), which shall include an evaluation and 
     assessment of the effectiveness of such actions in reducing 
     the incidence of suicide among members of the Armed Forces, 
     including an assessment of--
       (i) the extent to which such actions effectively targeted 
     members of the Armed Forces and their families; and
       (ii) the extent to which such actions increased awareness 
     among members of the Armed Forces and their families on risk 
     factors for suicide.
       (3) Performance of evaluation and assessment.--The 
     evaluation and assessment required under paragraph (2)(B) 
     shall be performed by an appropriate non-Federal Government 
     entity selected by the Secretary for

[[Page 18380]]

     purposes of this subsection. The Secretary may provide for 
     the performance of the evaluation and assessment by the 
     entity so selected by contract or other cooperative agreement 
     with, or by grant to, such entity.
                                 ______
                                 
  SA 5411. Mr. NELSON (for himself 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:

       On page 309, after line 20, add the following:

     SEC. 1068. CLARIFICATION OF CERTAIN ELIGIBILITY REQUIREMENTS 
                   FOR ENHANCED DISABILITY SEVERANCE PAY.

       Section 1212(c)(1)(A) of title 10, United States Code, as 
     added by section 1646 of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 472), 
     is amended by striking ``incurred during the performance of 
     duty in combat-related operations as designated by the 
     Secretary of Defense.'' and inserting ``incurred (as 
     determined under criteria prescribed by the Secretary of 
     Defense)--
       ``(i) as a direct result of armed conflict;
       ``(ii) while engaged in hazardous service;
       ``(iii) in the performance of duty under conditions 
     simulating war; or
       ``(iv) through an instrumentality of war.''.
                                 ______
                                 
  SA 5412. Mrs. CLINTON 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 F of title X, add the following:

     SEC. 1068. PILOT PROGRAMS ON TRAINING AND CERTIFICATION FOR 
                   FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR 
                   VETERANS AND MEMBERS OF THE ARMED FORCES WITH 
                   TRAUMATIC BRAIN INJURY.

       (a) Pilot Programs Authorized.--The Secretary of Veterans 
     Affairs shall, in collaboration with the Secretary of 
     Defense, carry out up to three pilot programs to assess the 
     feasibility and advisability of providing training and 
     certification for family caregivers of veterans and members 
     of the Armed Forces with traumatic brain injury as personal 
     care attendants of such veterans and members.
       (b) Locations.--Each pilot program under this section shall 
     be carried out in a medical facility of the Department of 
     Veterans Affairs. In selecting the locations of the pilot 
     programs, the Secretary shall give special emphasis to the 
     polytrauma centers of the Department of Veterans Affairs 
     designated as Tier I polytrauma centers.
       (c) Training Curricula.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     develop curricula for the training of personal care 
     attendants under the pilot programs under this section. Such 
     curricula shall incorporate--
       (A) applicable standards and protocols utilized by 
     certification programs of national brain injury care 
     specialist organizations; and
       (B) best practices recognized by caregiving organizations.
       (2) Use of existing curricula.--In developing the curricula 
     required by paragraph (1), the Secretary of Veterans Affairs 
     shall, to the extent practicable, utilize and expand upon 
     training curricula developed pursuant to section 744(b) of 
     the John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2308).
       (d) Participation in Programs.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     determine the eligibility of a family member of a veteran or 
     member of the Armed Forces for participation in the pilot 
     programs under this section.
       (2) Basis for determination.--A determination made under 
     paragraph (1) shall be based on the needs of the veteran or 
     member of the Armed Forces concerned, as determined by the 
     physician of such veteran or member.
       (e) Eligibility for Compensation.--A family caregiver of a 
     veteran or member of the Armed Forces who receives 
     certification as a personal care attendant under the pilot 
     programs under this section shall be eligible for 
     compensation from the Department of Veterans Affairs for care 
     provided to such veteran or member.
       (f) Costs of Training.--
       (1) Training of families of veterans.--Any costs of 
     training provided under the pilot programs under this section 
     for family members of veterans shall be borne by the 
     Secretary of Veterans Affairs.
       (2) Training of families of members of the armed forces.--
     The Secretary of Defense shall reimburse the Secretary of 
     Veterans Affairs for any costs of training provided under the 
     pilot programs for family members of members of the Armed 
     Forces. Amounts for such reimbursement shall be derived from 
     amounts available for Defense Health Program for the TRICARE 
     program.
       (g) Assessment of Family Caregiver Needs.--
       (1) In general.--The Secretary of Veterans Affairs may 
     provide to a family caregiver who receives training under a 
     pilot program under this section--
       (A) an assessment of their needs with respect to their role 
     as a family caregiver; and
       (B) a referral to services and support that--
       (i) are relevant to any needs identified in such 
     assessment; and
       (ii) are provided in the community where the family 
     caregiver resides, including such services and support 
     provided by community-based organizations, publicly-funded 
     programs, and the Department of Veterans Affairs.
       (2) Use of existing tools.--In developing and administering 
     an assessment under paragraph (1), the Secretary shall, to 
     the extent practicable, use and expand upon caregiver 
     assessment tools already developed and in use by the 
     Department.
       (h) Construction.--Nothing in this section shall be 
     construed to require or permit the Secretary of Veterans 
     Affairs to deny--
       (1) reimbursement for health care services provided to a 
     veteran with a brain injury to a personal care attendant who 
     is not a family member of such veteran; or
       (2) access to other services and benefits otherwise 
     available to veterans with a brain injury.
       (i) Family Caregiver Defined.--In this section, with 
     respect to member of the Armed Forces or a veteran with 
     traumatic brain injury, the term ``family caregiver'' means a 
     relative, partner, or friend of such member or veteran who is 
     providing care to such member or veteran for such traumatic 
     brain injury.
                                 ______
                                 
  SA 5413. 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

[[Page 18381]]

       (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.--Not later than 60 days after the date 
     of the enactment of this Act, 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) Army and Navy Energy Initiatives--
       (1) In general.--The Secretary of the Army and the 
     Secretary of the Navy should seek to engage their respective 
     services in an alternative aviation fuel initiative in order 
     to--
       (A) certify each service's aircraft fleet for operations on 
     a 50/50 synthetic fuel blend;
       (B) acquire 50 percent of its domestic aviation fuel 
     requirement from a domestically sourced synthetic fuel blend;
       (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.
                                 ______
                                 
  SA 5414. Mr. KYL (for himself, Mr. Vitter, Mr. Inhofe, Mr. Martinez, 
Mr. Warner, and Mr. Levin) 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; which was ordered to lie on the table; as follows:

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

     SEC. 237. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED 
                   X-BAND RADAR.

       (a) Availability of Funds.--Subject to subsection (b), of 
     the amount authorized to be appropriated by section 201(4) 
     for research, development, test, and evaluation, Defense-wide 
     activities, up to $89,000,000 may be available for Ballistic 
     Missile Defense Sensors for the activation and deployment of 
     the AN/TPY-2 forward-based X-band radar to a classified 
     location.
       (b) Limitation.--
       (1) In general.--Funds may not be available under 
     subsection (a) for the purpose specified in that subsection 
     until the Secretary of Defense submits to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the deployment of the AN/TPY-2 forward-based X-
     band radar as described in that subsection, including:
       (A) The location of deployment of the radar.
       (B) A description of the operational parameters of the 
     deployment of the radar, including planning for force 
     protection.
       (C) A description of any recurring and non-recurring 
     expenses associated with the deployment of the radar.
       (D) A description of the cost-sharing arrangements between 
     the United States and the country in which the radar will be 
     deployed regarding the expenses described in subparagraph 
     (C).
       (E) A description of the other terms and conditions of the 
     agreement between the United States and such country 
     regarding the deployment of the radar.
       (2) Form.--The report under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 5415. Mr. McCONNELL 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. SENSE OF SENATE ON THE FISCAL YEAR 2010 FUNDING 
                   REQUEST FOR THE DEPARTMENT OF DEFENSE FOR 
                   PROGRAMS AND ACTIVITIES RELATING TO TRAUMATIC 
                   BRAIN INJURY AND PSYCHOLOGICAL HEALTH.

       (a) Findings.--The Senate makes the following findings:
       (1) The members of the Armed Forces who have served in the 
     Global War on Terror have sacrificed greatly on behalf of the 
     American people and deserve treatment for the injuries they 
     have suffered during their service to our nation.
       (2) Funding for programs and activities relating to 
     Traumatic Brain Injury and psychological health have 
     typically been provided by emergency supplemental 
     appropriations.
       (3) The budget of the President for fiscal year 2009 (as 
     submitted to Congress pursuant to section 1105 of title 31, 
     United States Code) included a request for only minimal funds 
     for the Department of Defense for programs and activities 
     relating to Traumatic Brain Injury and psychological health, 
     relying instead on supplemental appropriations.
       (4) According to the 2007 annual report of the 
     Congressionally Directed Medical Research Programs, 
     approximately 20 percent of the members of the Armed Forces 
     who have served in the Global War on Terror suffer from some 
     form of Traumatic Brain Injury.
       (5) The symptoms and side effects of Traumatic Brain Injury 
     and other psychological health conditions can include 
     depression, anxiety, substance abuse, mental confusion, and 
     seizures.
       (6) The symptoms and side effects of Traumatic Brain Injury 
     and other psychological health conditions in members of the 
     Armed Forces require treatment and future monitoring, and 
     treatment of the wounded should be a long-term priority for 
     the Department of Defense.
       (7) Treatment of any long-term health condition that 
     affects a significant portion of the members of the Armed 
     Forces, such as Traumatic Brain Injury and other 
     psychological health conditions, requires a regularized 
     funding commitment by the Department of Defense.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the amounts requested for the Department of Defense for 
     fiscal year 2010 in the budget of the President for that 
     fiscal year (as submitted to Congress pursuant to section 
     1105 of title 31, United States Code) should include a 
     specific request for adequate funds to carry out programs and 
     activities relating to Traumatic Brain Injury and 
     psychological health that would improve the well being of 
     members of the Armed Forces.
                                 ______
                                 
  SA 5416. 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 A of title VIII, add the following:

     SEC. 804. TECHNICAL CORRECTIONS TO AUTHORITIES RELATING TO 
                   CERTIFICATION REQUIREMENTS FOR MAJOR SYSTEMS 
                   PRIOR TO TECHNOLOGY DEVELOPMENT.

       (a) In General.--Section 2366b of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``system'' each place it 
     appears and inserting ``program'';
       (2) in subsection (b)--
       (A) by striking ``major system'' and inserting ``major 
     defense acquisition program''; and
       (B) by striking ``the system'' each place it appears and 
     inserting ``the program''; and
       (3) in subsection (c), by striking paragraph (1) and 
     inserting the following new paragraph:
       ``(1) The term `major defense acquisition program' has the 
     meaning provided in section 2430 of this title.''.
       (b) Review of Department of Defense Acquisition 
     Directives.--Section 943(b) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 289; 10 U.S.C. 2366b note) is amended by striking 
     ``major weapon system'' and inserting ``major defense 
     acquisition program''.
       (c) Clarification of Certain Certification Pending 
     Identification of Core Competencies of DoD.--Notwithstanding 
     the effective date in section 943(c) of the National Defense 
     Authorization Act for Fiscal Year 2008, until the completion 
     of the identification of the core competencies of the 
     Department of Defense in the quadrennial review of roles and 
     missions under section 118b of title 10, United States Code, 
     that is conducted during 2008, the Milestone Decision 
     Authority concerned may satisfy the certification requirement 
     of section 2366b(a)(2) of title 10, United States Code (as 
     amended by subsection (a)), with respect to a major defense 
     acquisition program if the Milestone Decision Authority 
     certifies that the program is

[[Page 18382]]

     being executed by an entity with a relevant core competency 
     identified by the Secretary of Defense for purposes of such 
     certification.
                                 ______
                                 
  SA 5417. Mr. VOINOVICH 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. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR 
                   PARENTS WHO ARE MEMBERS OF THE ARMED FORCES 
                   DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

       (a) Child Custody Protection.--Title II of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 208. CHILD CUSTODY PROTECTION.

       ``(a) Restriction on Change of Custody.--If a motion for 
     change of custody of a child of a servicemember is filed 
     while the servicemember is deployed in support of a 
     contingency operation, no court may enter an order modifying 
     or amending any previous judgment or order, or issue a new 
     order, that changes the custody arrangement for that child 
     that existed as of the date of the deployment of the 
     servicemember, except that a court may enter a temporary 
     custody order if there is clear and convincing evidence that 
     it is in the best interest of the child.
       ``(b) Completion of Deployment.--In any preceding covered 
     under subsection (a), a court shall require that, upon the 
     return of the servicemember from deployment in support of a 
     contingency operation, the custody order that was in effect 
     immediately preceding the date of the deployment of the 
     servicemember is reinstated, unless there is clear and 
     convincing evidence that such a reinstatement is not in the 
     best interest of the child.
       ``(c) Exclusion of Military Service From Determination of 
     Child's Best Interest.--If a motion for the change of custody 
     of the child of a servicemember is filed, no court may 
     consider the absence of the S.L.C. September 9, 2008 (8:42 
     a.m.) servicemember by reason of deployment, or possibility 
     of deployment, in determining the best interest of the child.
       ``(d) 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, except 
     that the term may include such other deployments as the 
     Secretary may prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title II the following new item:

``208. Child custody protection.''.
                                 ______
                                 
  SA 5418. Mr. VOINOVICH 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 240, between lines 6 and 7, insert the following:

     SEC. 854. DEPARTMENT OF DEFENSE TIRE PRIVATIZATION 
                   INITIATIVE.

       (a) Implementation and Administration of Ground and Air 
     Tire Contracts.--In implementing and administering ground and 
     air tire contracts of the Department of Defense (Contract No. 
     SPM7L10-07-D-7002 and Contract No. SPM7L10-07-D-7001), the 
     Secretary of Defense and the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall--
       (1) require that fair, equal, and competitive procurement 
     procedures among all qualified manufacturers are employed to 
     ensure that the Department of Defense receives the best value 
     when procuring new tire types, and when procuring tires that 
     are newly added to the contract's industrial base 
     requirements;
       (2) ensure that all tire manufacturers have equal timely 
     information about the future needs of the Department of 
     Defense for tires, including contractor-prepared forecasts; 
     and
       (3) provide all manufacturers with equal quarterly 
     information on the number of tires shipped to the Department 
     of Defense and the number of each type of tire shipped by 
     each manufacturer.
       (b) Impartial Evaluation of Bids.--The Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     serve as an impartial evaluator of bids in connection with 
     ground and air tire contracts and shall ensure that the 
     offeror with the most advantageous proposal receives the 
     greatest share of business of the Department of Defense.
       (c) Analysis of Tire Pricing.--
       (1) Analysis.--Not later than 90 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall conduct an 
     analysis of the pricing of tires under existing ground and 
     air tire contracts to determine which tires have high prices 
     even though multiple qualified sources for such tires exist.
       (2) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     results of the analysis conducted under paragraph (1).
                                 ______
                                 
  SA 5419. 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 end of subtitle E of title III, add the following:

     SEC. 344. PROCEDURES FOR MITIGATING THE IMPACT OF RENEWABLE 
                   ENERGY TECHNOLOGIES ON MILITARY ACTIVITIES OR 
                   READINESS.

       (a) Advisory Committee for Recommendations on Procedures.--
       (1) Requirement.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish within the Department of Defense an advisory 
     committee to make recommendations to the Secretary for the 
     procedures for mitigating any adverse impact of renewable 
     energy technologies (including wind energy, solar energy, 
     geothermal energy, or biomass energy projects) on military 
     training, operations, activities, or readiness.
       (2) Members.--The advisory committee shall be composed of 
     such individuals as the Secretary shall designate for 
     purposes of this section.
       (b) Development of Recommendations.--
       (1) In general.--Not later than 90 days after the date of 
     the establishment of the advisory committee required under 
     subsection (a), the advisory committee shall develop and 
     submit to the Secretary such recommendations for procedures 
     described in that subsection as the advisory committee 
     considers appropriate.
       (2) Consultation.--In developing recommendations under 
     paragraph (1), the advisory committee shall consult with such 
     technical experts, interested parties, representatives of 
     renewable energy industries, other Federal agencies, and 
     members of the public as the advisory committee considers 
     appropriate.
       (c) Designation of Official.--Not later than 90 days after 
     the receipt under subsection (b) of the recommendations for 
     procedures required under that subsection, the Secretary 
     shall assign to an official within the Department of Defense 
     the responsibility for advising officials of the Department, 
     agencies of the Federal government and State governments, and 
     private sector entities on steps that should be taken to 
     mitigate any adverse impacts of renewable energy technologies 
     or projects on military training, operations, activities, or 
     readiness.
       (d) Report.--The Secretary shall submit to Congress a 
     report setting forth the findings and recommendations of the 
     advisory committee. The report shall include the following:
       (1) A comprehensive description of the procedures 
     recommended by the advisory committee.
       (2) The official assigned the responsibility for providing 
     advice in accordance with subsection (c).
                                 ______
                                 
  SA 5420. 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 C of title VI, add the following:

     SEC. 634. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED 
                   MEMBERS OF THE UNIFORMED SERVICES TO ATTEND 
                   MEMORIAL CEREMONIES.

       (a) Allowances Authorized.--Subsection (a) of section 411f 
     of title 37, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Secretary concerned shall provide round trip 
     travel and transportation allowances to eligible relatives of 
     a member of the uniformed services who dies while on active 
     duty in order that the eligible relatives may attend a 
     memorial service for the deceased member that occurs at a 
     location other than

[[Page 18383]]

     the location of the burial ceremony for which travel and 
     transportation allowances are provided under paragraph (1). 
     Travel and transportation allowances may be provided under 
     this paragraph for travel of eligible relatives to only one 
     memorial service for the deceased member concerned.''.
       (b) Conforming Amendments.--Subsection (c) of such section 
     is amended by striking ``subsection (a)(1)'' both places it 
     appears and inserting ``paragraph (1) or (2) of subsection 
     (a)''.
                                 ______
                                 
  SA 5421. Mr. REED (for himself and Mrs. Dole) 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 B of title II, add the following:

     SEC. 216. PARTICIPATION OF DEFENSE LABORATORIES IN 
                   COMPETITIVE SOLICITATIONS OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--
       (1) Policy on participation.--The Secretary of Defense 
     shall prescribe policies and regulations such that, to the 
     maximum extent practicable, Department of Defense 
     laboratories are permitted to respond to competitive 
     solicitations for research, development, test, and evaluation 
     funding of the Department of Defense.
       (2) Conflicts of interest.--The regulations under paragraph 
     (1) shall ensure that the participation of Department 
     laboratories in competitive solicitations as described in 
     that paragraph is consistent with Federal Government and 
     Department of Defense policies regarding conflicts of 
     interest.
       (b) Report.--Not later than March 1, 2010, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report setting forth the following:
       (1) A description of the policies and regulations 
     prescribed under subsection (a).
       (2) A description of the number and value of research, 
     development, test, and evaluation awards competitively 
     awarded to Department of Defense laboratories through 
     Department of Defense solicitations in fiscal year 2009.
       (3) An identification of any competitive Federal Government 
     solicitations in fiscal year 2009 for research and 
     development funding from which Department of Defense 
     laboratories were prohibited from direct participation or 
     direct receipt of funds for research and development 
     activities.
                                 ______
                                 
  SA 5422. 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.

       Section 455(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1087e(o)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraphs (2) and (4)'' and inserting 
     ``paragraph (3)''; and
       (B) by striking ``for which the first disbursement is made 
     on or after October 1, 2008'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
                                 ______
                                 
  SA 5423. Mr. BINGAMAN 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 311, between lines 13 and 14, insert the following:

     SEC. 1083. SENSE OF CONGRESS ON RENEWAL OF STRATEGIC ARMS 
                   REDUCTION TREATY.

       It is the sense of Congress that the President should take 
     action to renew the Treaty Between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Reduction and Limitation of Strategic Offensive Arms, signed 
     at Moscow July 31, 1991 (commonly referred to as the ``START 
     I Treaty''), before the expiration date of December 5, 2009.
                                 ______
                                 
  SA 5424. Mr. BINGAMAN 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 B of title XXXI, add the following:

     SEC. 3116. STUDY ON SURVEILLANCE OF THE NUCLEAR WEAPONS 
                   STOCKPILE.

       (a) Study.--
       (1) In general.--The Administrator for Nuclear Security 
     shall enter into a contract with the private scientific 
     advisory group known as JASON to conduct an independent 
     technical study of the efforts of the National Nuclear 
     Security Administration to monitor the aging of, and to 
     detect defects related to aging in, nuclear weapons 
     components and materials that could affect the reliability of 
     nuclear weapons currently in the nuclear weapons stockpile.
       (2) Availability of information.--The Administrator shall 
     make available to JASON all information necessary to complete 
     the study on a timely basis.
       (b) Elements.--The study required under subsection (a) 
     shall include an assessment of the following:
       (1) The ability of the National Nuclear Security 
     Administration to monitor and measure the effects of aging 
     on, and defects relating to aging in, nuclear weapons 
     components and materials, other than plutonium pits, that 
     could affect the reliability of nuclear weapons in the 
     nuclear weapons stockpile.
       (2) Available methods for addressing such effects.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, JASON shall submit to the 
     Administrator for Nuclear Security and Congress a report 
     containing--
       (A) the findings of the study; and
       (B) recommendations for improving efforts within the 
     Directed Stockpile Work Program, the Science Campaign, and 
     the Engineering Campaign of the National Nuclear Security 
     Administration to monitor the effects of aging on, and to 
     detect defects related to aging in, the nuclear weapons 
     stockpile between fiscal year 2009 and fiscal year 2014.
       (2) Form of report.--The report required under paragraph 
     (1) shall be submitted in an unclassified form, but may 
     include a classified annex.
                                 ______
                                 
  SA 5425. 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:

  S10SE8-847]{S8320}On page 41
       On page 41, strike lines 1 through 3 and insert the 
     following:
       (1) The ballistic missile threat posed by North Korea, 
     Iran, and other countries with active ballistic missile 
     development and fielding programs, including the following:
       (A) The existing inventories of short-range, medium-range, 
     long-range, and intercontinental-range ballistic missiles of 
     each such country, and the ranges of such missiles based on 
     possible launch points.
       (B) The ballistic missile programs currently under 
     development by each such country, including, for each such 
     program, an assessment of--
       (i) the ranges of the ballistic missiles under such 
     program;
       (ii) the fuel propulsion systems for such missiles;
       (iii) the booster and warhead characteristics of such 
     missiles; and
       (iv) the capacity of such missiles to employ 
     countermeasures, decoys, or multiple re-entry vehicles.
       (C) The ballistic missile tests and exercises of each such 
     country since 2005.
       (D) The proliferation of ballistic missile hardware, 
     technology and expertise of each such country.
       (E) The ballistic missile launch facilities of each such 
     country, whether existing or under construction.
                                 ______
                                 
  SA 5426. Mr. LEVIN (for himself and Mr. Warner) 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

[[Page 18384]]

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

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

     SEC. 1233. ONE-YEAR EXTENSION OF BRIEFINGS ON QUARTERLY 
                   REPORTS ON THE WAR STRATEGY IN IRAQ.

       Section 1222(c) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3463) is 
     amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
                                 ______
                                 
  SA 5427. Mrs. BOXER (for Mr. Baucus) proposed an amendment to the 
bill H.R. 6532, to amend the Internal Revenue Code of 1986 to restore 
the Highway Trust Fund balance; as follows:

       On page 3, line 2, strike ``September 30, 2008'' and insert 
     ``the date of the enactment of this Act''.
                                 ______
                                 
  SA 5428. 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 requested of a member 
     of the Armed Forces by the form. Such information shall be 
     provided only with the consent of the member of the Armed 
     Forces.
                                 ______
                                 
  SA 5429. Mr. NELSON of Nebraska (for himself, Ms. Collins, and 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:

       On page 395, strike lines 5 through 8 and insert the 
     following:
       (3) Exceptions for military construction and cerp.--The 
     limitations in paragraphs (1) and (2) do not apply to--
       (A) military construction (as that term is defined in 
     section 2801 of title 10, United States Code); or
       (B) amounts authorized to be appropriated for the 
     Commanders' Emergency Response Program (CERP).
                                 ______
                                 
  SA 5430. 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 ear, 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, 2009, 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.
       ``(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 5431. Mr. WARNER 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 X, add the following:

     SEC. 1056. REPORT ON ADEQUACY OF CURRENT AUTHORITIES AND 
                   PROCEDURES FOR THE PROVISION OF MILITARY ADVICE 
                   BY THE JOINT CHIEFS OF STAFF AND THE COMMANDERS 
                   OF THE COMBATANT COMMANDS TO THE SENIORMOST 
                   OFFICIALS AND COUNCILS OF THE GOVERNMENT.

       (a) Findings.--Congress makes the following findings:
       (1) Civilian control of and authority over the military is 
     fundamental to United States democratic values.
       (2) The tradition of civilian control of the military is a 
     time-honored and deeply rooted value of the United States 
     military.
       (3) United States civilian leaders value the expertise, 
     advice, and judgment of military professionals in defense and 
     national security policy deliberations.
       (4) In his commencement address at the United States Naval 
     Academy on May 23, 2008, Admiral Mullen, the Chairman of the 
     Joint Chiefs of Staff, said that ``few things are more vital 
     to an organization than someone who has the moral courage to 
     question the direction in which an organization is headed and 
     then the strength of character to support whatever final 
     decisions are made''.
       (5) In the same address, Admiral Mullen added that ``the 
     military as an institution must remain a neutral instrument 
     of the state''.
       (6) Admiral Mullen also said ``that few things are more 
     damaging to our democracy than a military officer who doesn't 
     have the moral courage to stand up for what's right or the 
     moral fiber to step aside when circumstances dictate''.
       (7) The Goldwater-Nichols Department of Defense 
     Reorganization Act of 1986 (Public Law 99-433) codified, in 
     sections 151 and 164 of title 10, United States Code, the 
     roles of the Chairman of the Joint Chiefs of Staff, other 
     members of the Joint Chiefs of Staff, and the combatant 
     commanders.
       (8) Section 151(b) of title 10, United States Code, 
     designates the Chairman of the Joint Chiefs of Staff as the 
     principal military advisor to the President, the National 
     Security Council, the Homeland Security Council, and the 
     Secretary of Defense.
       (9) Section 151(b) of title 10, United States Code, also 
     designates the other members of the Joint Chiefs of Staff (as 
     designated in section 151(a) of title 10, United States Code) 
     as the military advisors to the President, the National 
     Security Council, the Homeland Security Council, and the 
     Secretary of Defense as specified in subsections (d) and (e) 
     of section 151 of title 10, United States Code.
       (10) Section 151(c) of title 10, United States Code directs 
     that ``the Chairman shall, as he considers appropriate, 
     consult with and seek the advice of the other members of the 
     Joint Chiefs of Staff and the commanders of the unified and 
     specified combatant commands''.
       (11) Section 151(d) of title 10, United States Code, 
     establishes mechanisms for members of the Joint Chiefs of 
     Staff, other than the

[[Page 18385]]

     Chairman, to submit ``to the Chairman advice or an opinion in 
     disagreement with, or advice or an opinion in addition to the 
     advice presented by the Chairman to the President, the 
     National Security Council, the Homeland Security Council, and 
     the Secretary of Defense''.
       (12) Section 151(e) of title 10, United States Code, 
     directs members of the Joint Chiefs of Staff, individually or 
     collectively, in their capacity as military advisors to 
     provide advice on a particular matter to the President, the 
     National Security Council, the Homeland Security Council, and 
     the Secretary of Defense when requested.
       (13) Section 151(f) of title 10, United States Code, 
     permits a member of the Joint Chiefs of Staff to make 
     recommendations to Congress relating to the Department of 
     Defense as he considers appropriate after first informing the 
     Secretary of Defense.
       (14) Section 164 of title 10, United States Code, 
     establishes the powers, responsibilities, and duties of the 
     commanders of the combatant commands.
       (15) The Goldwater-Nichols Department of Defense 
     Reorganization Act of 1986 was enacted 22 years ago and the 
     provisions of title 10, United States Code, referred to in 
     paragraphs (8) through (14) of this subsection, as enacted by 
     that have not been amended since except to include the 
     Homeland Security Council as the authorized recipient of 
     military advice from the Joint Chiefs of Staff and the 
     commanders of the combatant commands.
       (16) The employment of the Armed Forces in the 22 years 
     since the enactment of the Goldwater-Nichols Department of 
     Defense Reorganization Act of 1986 has produced a body of 
     experience and lessons learned by the Joint Chiefs of Staff 
     and the commanders of the combatant commands.
       (b) Sense of Congress.--It is the sense of Congress that it 
     is an appropriate time in the national interests of the 
     United States for the Joint Chiefs of Staff and the 
     commanders of the combatant commands to review the 
     authorities of and procedures for members of the Joint Chiefs 
     of Staff and the commanders of the combatant commands to 
     provide military advice to the President, the Secretary of 
     Defense, the National Security Council, and the Homeland 
     Security Council.
       (c) Review of Authorities and Procedures.--The Chairman of 
     the Joint Chiefs of Staff shall, in consultation with the 
     other members of the Joint Chiefs of Staff and the commanders 
     of the combatant commands, conduct a review of sections 151 
     and 164 of title 10, United States Code, for the purposes as 
     follows:
       (1) To determine whether the authorities in such sections 
     are adequate and sufficient such that those senior military 
     officers are afforded the opportunity to present military 
     advice or opinion to the President, the National Security 
     Council, the Homeland Security Council, and the Secretary of 
     Defense.
       (2) To identify recommendations, if any are determined 
     appropriate, for modifications to the authorities in such 
     sections to ensure or enhance the provision of military 
     advice to the President, the National Security Council, the 
     Homeland Security Council, and the Secretary of Defense by 
     those senior military officers.
       (d) Report.--
       (1) Report to secretary of defense.--Not later than June 
     15, 2009, the Chairman of the Joint Chiefs of Staff shall 
     submit to the Secretary of Defense a report on the review 
     conducted under subsection (c), including a comprehensive 
     description of the determinations made under subsection 
     (c)(1) and of any recommendations identified under subsection 
     (c)(2).
       (2) Report to congress.--Not later than July 30, 2009, the 
     Secretary of Defense shall transmit to the congressional 
     defense committees the report submitted under paragraph (1). 
     In transmitting the report, the Secretary may include such 
     comments on and recommendations regarding the report as the 
     Secretary considers appropriate.
                                 ______
                                 
  SA 5432. Mr. BUNNING 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 216, strike line 15 and all that follows through 
     page 221, line 3, and insert the following:
       ``(a) Multiyear Contracts Authorized.--The head of an 
     agency may enter into contracts or agreements for the 
     acquisition of alternative or synthetic fuels, if such 
     contracts or agreements are--
       ``(1) for a term of not more than 25 years;
       ``(2) at a price that is competitive, throughout the term 
     of the contract or agreement concerned, with the market price 
     of petroleum-derived fuel of similar quality; and
       ``(3) for a fuel that has lower lifecycle greenhouse gas 
     emissions when compared to the lifecycle greenhouse gas 
     emissions of conventional petroleum-based fuels that are used 
     in the same application;
       ``(b) Determination of Lifecycle Greenhouse Gas 
     Emissions.--In the case of a contract or agreement under 
     subsection (a) for an alternative fuel or synthetic fuel, the 
     lifecycle greenhouse gas emissions associated with the 
     production and combustion of the fuel supplied under such 
     contract or agreement shall be considered to be less than 
     such emissions for the equivalent conventional fuel produced 
     from conventional petroleum sources if such emissions are 
     determined to be lower--
       ``(1) by peer-reviewed research conducted or reviewed by a 
     national laboratory; or
       ``(2) by the head of the agency, based on available 
     research and testing.
       ``(c) Definitions.--In this section:
       ``(1) The term `head of an agency' has the meaning given 
     that term in section 2302(1) of this title.
       ``(2) The term `alternative fuel' has the meaning given 
     that term in section 301(2) of the Energy Policy Act of 1992 
     (42 U.S.C. 13211(2)).
       ``(3) The term `synthetic fuel' means any liquid, gas, or 
     combination thereof that--
       ``(A) can be used as a substitute for petroleum or natural 
     gas (or any derivative thereof, including chemical 
     feedstocks); and
       ``(B) is produced by chemical or physical transformation of 
     domestic sources of energy (including coal, natural gas, 
     biomass, ethanol, butanol, and hydrogen).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 141 of such title is amended by adding 
     at the end the following new item:

``2410r. Multiyear procurement authority: purchase of alternative and 
              synthetic fuels.''.

       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of Defense and other departments and agencies 
     of the Federal Government should continue research, testing, 
     evaluation, and use of alternative and synthetic fuels (as 
     that term is defined in section 2410r(c) of title 10, United 
     States Code (as added by subsection (a)) with the goals of--
       (1) reducing emissions;
       (2) lowering the cost of fuel; and
       (3) increasing the performance, reliability, and security 
     of fuel production and supply for the Armed Forces.
                                 ______
                                 
  SA 5433. Mr. NELSON of Nebraska 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 title subtitle G of title X, add the 
     following:

     SEC. 1083. WEEKLY INCREASE IN BOUNTY FOR THE CAPTURE OR 
                   KILLING OF OSAMA BIN LADEN AND AYMAN AL-
                   ZAWAHIRI.

       On the date that is seven days after the date of the 
     enactment of this Act, and every seven days thereafter until 
     the capture or killing of such individual, the Secretary of 
     Defense shall increase by an amount equal to $1,000,000 the 
     amount of the bounty payable for the capture or killing of 
     each of the following:
       (1) Osama bin Laden.
       (2) Ayman al-Zawahiri.
                                 ______
                                 
  SA 5434. 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. 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.
                                 ______
                                 
  SA 5435. 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:

[[Page 18386]]



     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 misadministration and associated problems with 
     respect to physically and psychologically 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.
                                 ______
                                 
  SA 5436. 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. 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 service member 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.
                                 ______
                                 
  SA 5437. 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. 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 service members, 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 5438. Mr. WEBB (for himself and Mr. Warner) 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. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS 
                   TRUSTS ESTABLISHED FOR THE BENEFIT OF DEPENDENT 
                   CHILDREN INCAPABLE OF SELF-SUPPORT.

       (a) Special Needs Trust as Eligible Beneficiary.--
       (1) In general.--Subsection (a) of section 1450 of title 
     10, United States Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Special needs trusts for sole benefit of certain 
     dependent children.--Notwithstanding subsection (i), a 
     supplemental or special needs trust established under 
     subparagraph (A) or (C) of section 1917(d)(4) of the Social 
     Security Act (42 U.S.C. 1936p(d)(4)) for the sole benefit of 
     a dependent child considered disabled under section 
     1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is 
     incapable of self-support because of mental or physical 
     incapacity.''.
       (2) Conforming amendment.--Subsection (i) of such section 
     is amended by inserting ``(a)(4) or'' after ``subsection''.
       (b) Regulations.--Section 1455(d) of such title is 
     amended--
       (1) in the subsection caption, by striking ``and 
     Fiduciaries'' and inserting ``, Fiduciaries, and Special 
     Needs Trusts'';
       (2) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) a dependent child incapable of self-support because 
     of mental or physical incapacity for whom a supplemental or 
     special needs trust has been established under subparagraph 
     (A) or (C) of section 1917(d)(4) of the Social Security Act 
     (42 U.S.C. 1936p(d)(4)).'';
       (3) in paragraph (2)--
       (A) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (D) through (I), respectively;
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) In the case of an annuitant referred to in paragraph 
     (1)(C), payment of the annuity to the supplemental or special 
     needs trust established for the annuitant.'';
       (C) in subparagraph (D), as redesignated by subparagraph 
     (A) of this paragraph, by striking ``subparagraphs (D) and 
     (E)'' and inserting ``subparagraphs (E) and (F)''; and

[[Page 18387]]

       (D) in subparagraph (G), as so redesignated--
       (i) by inserting ``or (1)(C)'' after ``paragraph (1)(B)'' 
     in the matter preceding clause (i);
       (ii) in clause (i), by striking ``and'' at the end;
       (iii) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (iv) by adding at the end the following new clause:
       ``(iii) procedures for determining when annuity payments to 
     a supplemental or special needs trust shall end based on the 
     death or marriage of the dependent child for which the trust 
     was established.''; and
       (4) in paragraph (3), by striking ``or fiduciary'' in the 
     paragraph caption and inserting ``, fiduciary, or trust''.
                                 ______
                                 
  SA 5439. 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 G of title X, add the following:

     SEC. 1083. DESIGNATION OF THE LIBERTY MEMORIAL AT THE 
                   NATIONAL WORLD WAR I MUSEUM IN KANSAS CITY, 
                   MISSOURI, AS THE NATIONAL WORLD WAR I MEMORIAL.

       (a) Findings.--Congress makes the following findings:
       (1) Although more than 4,000,000 Americans served in World 
     War I, there is no nationally recognized memorial honoring 
     the service of such Americans in that war.
       (2) In 1919, the people of Kansas City, Missouri, expressed 
     an outpouring of support and raised more than $2,000,000 in 
     two weeks for a memorial to the service of Americans in World 
     War I. That fundraising was an accomplishment unparalleled by 
     any other city in the United States irrespective of 
     population and reflected the passion of public opinion about 
     World War I, which had so recently ended.
       (3) Following the drive, a national architectural 
     competition was held by the American Institute of Architects 
     for designs for a memorial to the service of Americans in 
     World War I, and the competition yielded a design by 
     architect H. Van Buren Magonigle.
       (4) On November 1, 1921, more than 100,000 people witnessed 
     the dedication of the site for the Liberty Memorial in Kansas 
     City, Missouri. That dedication marked the only time in 
     history that the five allied military leaders present, 
     Lieutenant General Baron Jacques of Belgium, General Armando 
     Diaz of Italy, Marshal Ferdinand Foch of France, General John 
     J. Pershing of the United States, and Admiral Lord Earl 
     Beatty of Great Britain, were together at one place.
       (5) General Pershing, a native of Missouri and the 
     commander of the American Expeditionary Forces in World War 
     I, noted at the November 1, 1921 dedication that ``[t]he 
     people of Kansas City, MO are deeply proud of the beautiful 
     memorial, erected in tribute to the patriotism, the gallant 
     achievements, and the heroic sacrifices of their sons and 
     daughters who served in our country's armed forces during the 
     World War. It symbolized their grateful appreciation of duty 
     well done, and appreciation which I share, because I know so 
     well how richly it is merited''.
       (6) During an Armistice Day ceremony in 1924, President 
     Calvin Coolidge marked the beginning of a three-year 
     construction project for the Liberty Memorial by the laying 
     of the cornerstone of the memorial.
       (7) The 217-foot Liberty Memorial Tower has an inscription 
     that reads ``In Honor of Those Who Served in the World War in 
     Defense of Liberty and Our Country'' as well as four stone 
     ``Guardian Spirits'' representing courage, honor, patriotism, 
     and sacrifice, which rise above the observation deck, making 
     the Liberty Memorial a noble tribute to all who served in 
     World War I.
       (8) During a rededication for the Liberty Memorial in 1961, 
     World War I veterans and former Presidents Harry S. Truman 
     and Dwight D. Eisenhower recognized the memorial as a 
     constant reminder of the sacrifices during World War I and 
     the progress that followed.
       (9) The 106th Congress recognized the Liberty Memorial as a 
     national symbol of World War I.
       (10) The 108th Congress designated the museum at the base 
     of the Liberty Memorial as ``America's National World War I 
     Museum''.
       (11) The National World War I Museum is the only public 
     museum in the United States specifically dedicated to the 
     history of World War I.
       (12) The National World War I Museum is known throughout 
     the world as a major center of World War I remembrance.
       (b) Designation.--The Liberty Memorial at the National 
     World War I Museum in Kansas City, Missouri, is hereby 
     designated as the ``National World War I Memorial''.
                                 ______
                                 
  SA 5440. Mrs. CLINTON 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 A of title VII, add the following:

     SEC. 702. IDENTIFICATION AND TREATMENT OF DRUG AND ALCOHOL 
                   DEPENDENCE IN MEMBERS OF THE ARMED FORCES UNDER 
                   TRICARE THROUGH OUTPATIENT SUBSTANCE ABUSE 
                   TREATMENT PROGRAMS.

       Section 1090 of title 10, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Secretary of Defense''; and
       (2) by adding at the end the following new subsection:
       ``(b) Activities Under TRICARE Program Through Outpatient 
     Substance Abuse Treatment Programs.--The regulations required 
     by subsection (a) with respect to the TRICARE program shall 
     provide for the provision of services to identify, treat, and 
     rehabilitate members of the armed forces under that 
     subsection through outpatient substance abuse treatment 
     programs.''.
                                 ______
                                 
  SA 5441. Mr. REID (for Mr. Biden (for himself and Mr. Lugar)) 
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 360, after line 20, add the following:

                       Subtitle E--Other Matters

     SEC. 1241. SPECIAL ENVOY FOR SOUTH AND CENTRAL ASIA REGIONAL 
                   COOPERATION.

       (a) Statement of Policy.--Congress declares that it is in 
     the national interest of the United States that the countries 
     of South and Central Asia work together to address common 
     challenges hampering the stability, security, and development 
     of their region and to enhance their cooperation.
       (b) Establishment.--The President shall, by and with the 
     advice and consent of the Senate, appoint a special envoy to 
     promote closer cooperation between the countries of South and 
     Central Asia. The special envoy shall have the rank of 
     ambassador.
       (c) Duties.--
       (1) In general.--The primary responsibility of the special 
     envoy shall be to coordinate United States policy on issues 
     relating to strengthening and facilitating relations between 
     the nations of South and Central Asia for the benefit of 
     stability and economic growth in the region.
       (2) Advisory role.--The special envoy shall advise the 
     President and the Secretary of State, as appropriate, and, in 
     coordination with the Assistant Secretary of State for South 
     and Central Asian Affairs, shall make recommendations 
     regarding effective strategies and tactics to achieve United 
     States policy objectives to--
       (A) stem cross-border terrorist activities;
       (B) provide assistance to refugees to ensure orderly and 
     voluntary repatriation from neighboring states;
       (C) bolster people-to-people ties and economic cooperation 
     between the nations of South and Central Asia, including 
     bilateral trade relations;
       (D) explore opportunities to anticipate and seek solutions 
     to critical cross-border issues; and
       (E) offer comprehensive efforts to support effective 
     counter-narcotics strategies in South and Central Asia.
                                 ______
                                 
  SA 5442. Mrs. McCASKILL (for herself and Ms. Mikulski, and Mr. 
Kennedy) 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 75, between lines 6 and 7, insert the following:

     SEC. 323. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE 
                   COMPETITIONS.

       (a) Time Limitation.--Section 2461(a) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(5)(A) The duration of a public-private competition 
     conducted pursuant to Office of Management and Budget 
     Circular A-76 or any other provision of law for any function 
     of the Department of Defense performed by

[[Page 18388]]

     Department of Defense civilian employees may not exceed a 
     period of 720 days, commencing on the date on which the 
     preliminary planning for the public-private competition 
     begins through the date on which a performance decision is 
     rendered with respect to the function.
       ``(B) The time period specified in subparagraph (A) for a 
     public-private competition does not include any day during 
     which the public-private competition is delayed by reason of 
     a protest before the Government Accountability Office or the 
     United States Court of Federal Claims unless the Secretary of 
     Defense determines that the delay is caused by issues being 
     raised during the appellate process that were not previously 
     raised during the competition.''.
       (b) Effective Date.--Paragraph (5) of section 2461(a) of 
     title 10, United States Code, as added by subsection (a), 
     shall apply with respect to a public-private competition 
     covered by such section that is being conducted on or after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 5443. 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 Authorized.--The Secretary of the Interior, 
     acting through the Bureau of Land Management, may 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 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 5444. Mr. WARNER 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. VISION CENTER OF EXCELLENCE.

       (a) Findings.--Congress makes the following findings:
       (1) Ocular injuries are the third highest incidence for 
     injuries sustained in Operation Iraqi Freedom and Operation 
     Enduring Freedom after Traumatic Brain Injury and Post 
     Traumatic Stress Disorder.
       (2) From 2002 through January 2008, more than 1,300 members 
     of the Armed Forces suffered eye injuries in Operation Iraqi 
     Freedom or Operation Enduring Freedom, and the Department of 
     Veterans Affairs enrolled it its health care system more than 
     100 veterans of such operations who are legally blind.
       (3) The most common causes of eye injury in Operation Iraqi 
     Freedom and Operation Enduring Freedom include--
       (A) improvised explosive device blasts;
       (B) rocket propelled grenade explosions; and
       (C) gunshot wounds.
       (4) In some cases, such injuries may not manifest until 
     weeks or months following exposure to a traumatic event, 
     including Traumatic Brain Injury. Research has found that 63 
     percent of Traumatic Brain Injury wounded at the Palo Alto 
     Veterans Affairs Medical Center Polytrauma Center located at 
     Palo Alto, California, have a visual impairment associated 
     with Traumatic Brain Injury. In addition, general Traumatic 
     Brain Injury screening at the Hines Department of Veterans 
     Affairs Low Vision Clinic located at Chicago, Illinois, 
     determined that 68 percent of all Traumatic Brain Injury 
     veterans have a visual impairment.
       (5) Section 1623 of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 455; 10 
     U.S.C. 1071 note) requires the Secretary of Defense to 
     establish a center of excellence for the prevention, 
     diagnosis, mitigation, treatment, and rehabilitation of 
     military eye injuries. That section also requires the 
     Department of Defense to work with Department of Veterans 
     Affairs, to the maximum extent practicable, as well as with 
     public and private entities and institutions of higher 
     learning, to develop a comprehensive plan and strategy for a 
     Military Eye Injury Registry, which would track the 
     diagnosis, surgical intervention, and follow up for each 
     significant case of eye injury incurred by a member of the 
     Armed Forces while serving on active duty.
       (6) Section 1623 of the National Defense Authorization Act 
     for Fiscal Year 2008 also requires the Department of Defense 
     and the Department of Veterans Affairs to provide a 
     cooperative program for members of the Armed Forces and 
     veterans with traumatic eye injury by conducting research on 
     prevention of visual dysfunctions, which is a frequent 
     complication from Traumatic Brain Injury.
       (7) On June 9, 2008, the Assistant Secretary of Defense for 
     Health Affairs decided that the Vision Center of Excellence 
     will be established in the National Capital Region and

[[Page 18389]]

     will be comprised of multiple clinical centers throughout the 
     Nation at Department of Defense and Department of Veterans 
     Affairs medical centers.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Vision Center of Excellence will be a world class 
     vision center supporting both members of the Armed Forces and 
     veterans;
       (2) research on visual impairments related to Traumatic 
     Brain Injury needs to be expanded, and the Vision Center of 
     Excellence should play a key role in identifying current and 
     future research needs;
       (3) the goal of the Vision Center of Excellence is to 
     provide all members of the Armed Forces who suffer ocular 
     trauma or disease the most comprehensive, coordinated, 
     progressive, and highest quality eye care possible;
       (4) the Vision Center of Excellence should maximize 
     Department of Defense, Department of Veterans Affairs, and 
     civilian resources to ensure the most compassionate, 
     synchronized, and professional eye care; and
       (5) the Department of Defense should examine the potential 
     benefit of screening for eye injuries when service members 
     are screened for Traumatic Brain Injury.
       (c) Reports to Congress.--
       (1) Report on implementation of vision center of 
     excellence.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     coordination with the Secretary of Veterans Affairs, submit 
     to the Committees on Armed Services and Veterans' Affairs of 
     the Senate and the Committees on Armed Services and Veterans' 
     Affairs of the House of Representatives a report on the 
     status of implementation of the Vision Center of Excellence. 
     The report shall include, at a minimum, a description of the 
     mission of the Vision Center of Excellence, the resources or 
     funds available to fund the Vision Center of Excellence from 
     fiscal years 2009 through 2013, and the planned programs and 
     priorities of the Vision Center of Excellence.
       (2) Report on visual screenings in connection with tbi.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on the feasability and advisability of performing 
     visual screenings on all members of the Armed Forces who 
     experience Traumatic Brain Injury.
                                 ______
                                 
  SA 5445. 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 B of title VIII, add the following:

     SEC. 815. ENHANCEMENT OF BUY AMERICAN REQUIREMENTS WITH 
                   RESPECT TO SPECIALTY METALS CRITICAL TO 
                   NATIONAL SECURITY.

       (a) Inclusion of High Performance Magnets Among Specialty 
     Metals.--Subsection (l) of section 2533b of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(5) High performance magnets.''.
       (b) Definitions.--Subsection (m) of such section is amended 
     by adding at the end the following new paragraphs:
       ``(11) The term `produced', in the case of a specialty 
     metal or high performance magnet, means melting, gas 
     atomization, sputtering, or consolidation from powder using 
     non-melt technology in the United States. The term does not 
     include a rolling or finishing process such as quenching and 
     tempering of armor plate.
       ``(12) The term `high performance magnet' means a permanent 
     magnet containing 10 or more percent by weight of cobalt, 
     samarium, or nickel.''.

                          ____________________