[Congressional Record (Bound Edition), Volume 154 (2008), Part 14]
[Senate]
[Pages 19149-19161]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5596. 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 may carry out a 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 a location with significant identified barracks 
     deficiencies.'';
       (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 5597. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 5272 submitted by Mr. Nelson of Florida and 
intended to be proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 1433. INTELLIGENCE TRAINING PROGRAM.

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

     ``SEC. 922. INTELLIGENCE TRAINING PROGRAM.

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

[[Page 19150]]

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

``Sec. 922. Intelligence training program.''.

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

``Sec. 922. Intelligence training program.''.

       (b) Sense of Congress on Funding.--It is the sense of 
     Congress that for each fiscal year after fiscal year 2009, 
     Congress should not appropriate funds for the program 
     established under section 922(b) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005, as 
     amended by subsection (a)(1), in an amount that exceeds the 
     amount of funds requested for that program in the budget for 
     that fiscal year submitted to Congress by the President under 
     section 1105(a) of title 31, United States Code.
                                 ______
                                 
  SA 5598. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 5519 submitted by Mr. Johnson (for himself, Mr. Thune, 
and Ms. Stabenow) and intended to be proposed 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 2, line 20, strike ``subsection.''.'' and insert 
     ``subsection.
       ``(4) Maximum amount for consolidated school districts.--
     Notwithstanding any other provision of this section, a local 
     educational agency that is formed at any time after 1938 by 
     the consolidation of 2 or more former school districts, of 
     which at least 1 former district was eligible for assistance 
     under this section for the fiscal year preceding the year of 
     the consolidation, shall not be eligible under this section 
     for an amount that is more than the total of the amount that 
     each of the former districts received under this section for 
     the fiscal year preceding the year of the consolidation.''.
                                 ______
                                 
  SA 5599. Mr. BAYH submitted an amendment intended to be proposed to 
amendment SA 5437 submitted by Mr. Bayh and intended to be proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 722. REPORT ON COGNITIVE REHABILITATION FOR MEMBERS OF 
                   THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY.

       The Secretary of Defense shall submit to the Committee on 
     Armed Services of the Senate and the House of Representatives 
     a report setting forth the evidence to be required from a 
     long term, integrated study on treatment strategies for 
     cognitive rehabilitation for members of the Armed Forces who 
     have sustained a Traumatic Brain Injury (TBI) in order to 
     permit the Department to Defense to determine how receipt of 
     cognitive rehabilitation by such members for Traumatic Brain 
     Injury could be reimbursed as a health care benefit.
                                 ______
                                 
  SA 5600. Mr. CARPER 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,

[[Page 19151]]

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

     At the appropriate place insert the following:

     SEC. ------. AIR CARRIAGE OF INTERNATIONAL MAIL.

       (a) Contracting Authority.--Section 5402 of title 39, 
     United States Code, is amended by striking subsections (b) 
     and (c) and inserting the following:
       ``(b) International Mail.--
       ``(1) In general.--
       ``(A) Except as otherwise provided in this subsection, the 
     Postal Service may contract for the transportation of mail by 
     aircraft between any of the points in foreign air 
     transportation only with certificated air carriers. A 
     contract may be awarded to a certificated air carrier to 
     transport mail by air between any of the points in foreign 
     air transportation that the Secretary of Transportation has 
     authorized the carrier to serve either directly or through a 
     code-share relationship with one or more foreign air 
     carriers.
       ``(B) If the Postal Service has sought offers or proposals 
     from certificated air carriers to transport mail in foreign 
     air transportation between points, or pairs of points within 
     a geographic region or regions, and has not received offers 
     or proposals that meet Postal Service requirements at a fair 
     and reasonable price from at least 2 such carriers, the 
     Postal Service may seek offers or proposals from foreign air 
     carriers. Where service in foreign air transportation meeting 
     the Postal Service's requirements is unavailable at a fair 
     and reasonable price from at least 2 certificated air 
     carriers, either directly or through a code-share 
     relationship with one or more foreign air carriers, the 
     Postal Service may contract with foreign air carriers to 
     provide the service sought if, when the Postal Service seeks 
     offers or proposals from foreign air carriers, it also seeks 
     an offer or proposal to provide that service from any 
     certificated air carrier providing service between those 
     points, or pairs of points within a geographic region or 
     regions, on the same terms and conditions that are being 
     sought from foreign air carriers.
       ``(C) For purposes of this subsection, the Postal Service 
     shall use a methodology for determining fair and reasonable 
     prices for the Postal Service designated region or regions 
     developed in consultation with, and with the concurrence of, 
     certificated air carriers representing at least 51 percent of 
     available ton miles in the markets of interest.
       ``(D) For purposes of this subsection, ceiling prices 
     determined pursuant to the methodology used under 
     subparagraph (C) shall be presumed to be fair and reasonable 
     if they do not exceed the ceiling prices derived from--
       ``(i) a weighted average based on market rate data 
     furnished by the International Air Transport Association or a 
     subsidiary unit thereof; or
       ``(ii) if such data are not available from those sources, 
     such other neutral, regularly updated set of weighted average 
     market rates as the Postal Service, with the concurrence of 
     certificated air carriers representing at least 51 percent of 
     available ton miles in the markets of interest, may 
     designate.
       ``(E) If, for purposes of subparagraph (D)(ii), concurrence 
     cannot be attained, then the most recently available market 
     rate data described in this subparagraph shall continue to 
     apply for the relevant market or markets.
       ``(2) Contract process.--The Postal Service shall contract 
     for foreign air transportation as set forth in paragraph (1) 
     through an open procurement process that will provide--
       ``(A) potential offerors with timely notice of business 
     opportunities in sufficient detail to allow them to make a 
     proposal;
       ``(B) requirements, proposed terms and conditions, and 
     evaluation criteria to potential offerors; and
       ``(C) an opportunity for unsuccessful offerors to receive 
     prompt feedback upon request.
       ``(3) Emergency or unanticipated conditions; inadequate 
     lift space.--The Postal Service may enter into contracts to 
     transport mail by air in foreign air transportation with a 
     certificated air carrier or a foreign air carrier without 
     complying with the requirements of paragraphs (b)(1) and (2) 
     if--
       ``(A) emergency or unanticipated conditions exist that make 
     it impractical for the Postal Service to comply with such 
     requirements; or
       ``(B) its demand for lift exceeds the space available to it 
     under existing contracts and--
       ``(i) there is insufficient time available to seek 
     additional lift using procedures that comply with those 
     requirements without compromising the Postal Service's 
     service commitments to its own customers; and
       ``(ii) the Postal Service first offers any certificated air 
     carrier holding a contract to carry mail between the relevant 
     points the opportunity to carry such excess volumes under the 
     terms of its existing contract.
       ``(c) Good Faith Effort Required.--The Postal Service and 
     potential offerors shall put a good-faith effort into 
     resolving disputes concerning the award of contracts made 
     under subsection (b).''.
       (b) Conforming Amendments to Title 49.--
       (1) Section 41901(a) is amended by striking ``39.'' and 
     inserting ``39, and in foreign air transportation under 
     section 5402(b) and (c) of title 39.''.
       (2) Section 41901(b)(1) is amended by striking ``in foreign 
     air transportation or''.
       (3) Section 41902 is amended--
       (A) by striking ``in foreign air transportation or'' in 
     subsection (a);
       (B) by striking subsection (b) and inserting the following:
       ``(b) Statements on Places and Schedules.--Every air 
     carrier shall file with the United States Postal Service a 
     statement showing--
       ``(1) the places between which the carrier is authorized to 
     transport mail in Alaska;
       ``(2) every schedule of aircraft regularly operated by the 
     carrier between places described in paragraph (1) and every 
     change in each schedule; and
       ``(3) for each schedule, the places served by the carrier 
     and the time of arrival at, and departure from, each such 
     place.'';
       (C) by striking ``subsection (b)(3)'' each place it appears 
     in subsections (c)(1) and (d) and inserting ``subsection 
     (b)(2)''; and
       (D) by striking subsections (e) and (f).
       (4) Section 41903 is amended by striking ``in foreign air 
     transportation or'' each place it appears.
       (5) Section 41904 is amended--
       (A) by striking ``to or in foreign countries'' in the 
     section heading;
       (B) by striking ``to or in a foreign country'' and 
     inserting ``between two points outside the United States''; 
     and
       (C) by inserrting after ``transportation.'' the following: 
     ``Nothing in this section shall affect the authority of the 
     Postal Service to make arrangements with noncitizens for the 
     carriage of mail in foreign air transportation under 
     subsections 5402(b) and (c) of title 39.''.
       (6) Section 41910 is amended by striking the first sentence 
     and inserting ``The United States Postal Service may weigh 
     mail transported by aircraft between places in Alaska and 
     make statistical and -administrative computations necessary 
     in the interest of mail service.''.
       (7) Chapter 419 is amended--
       (A) by striking sections 41905, 41907, 41908, and 41911; 
     and
       (B) redesignating sections 41906, 41909, 41910, and 49112 
     as sections 41905, 41906, 41907, and 41908, respectively.
       (8) The chapter analysis for chapter 419 is amended by 
     redesignating the items relating to sections 41906, 41909, 
     41910, and 49112 as relating to sections 41905, 41906, 41907, 
     and 41908, respectively.
       (9) Section 101(f) of title 39, United States Code, is 
     amended by striking ``mail and shall make a fair and 
     equitable distribution of mail business to carriers providing 
     similar modes of transportation services to the Postal 
     Service.'' and inserting ``mail.''.
       (9) Subsections (b) and (c) of section 3401 of title 39, 
     United States Code, are amended--
       (A) by striking ``at rates fixed and determined by the 
     Secretary of Transportation in accordance with section 41901 
     of title 49'' and inserting ``or, for carriage of mail in 
     foreign air transportation, other air carriers, air taxi 
     operators or foreign air carriers as permitted by section 
     5402 of this title'';
       (B) by striking ``at rates not to exceed those so fixed and 
     determined for scheduled United States air carriers'';
       (C) by striking ``scheduled'' each place it appears and 
     inserting ``certificated''; and
       (D) by striking the last sentence in each such subsection.
       (10) Section 5402(a) of title 39, United States Code, is 
     amended--
       (A) by inserting `` `foreign air carrier'.'' after `` 
     `interstate air transportation','' in paragraph (2);
       (B) by redesignating paragraphs (7) through (23) as 
     paragraphs (8) through (24) and inserting after paragraph (6) 
     the following:
       ``(7) the term `certificated air carrier' means an air 
     carrier that holds a certificate of public convenience and 
     necessity issued under section 41102(a) of title 49;'';
       (C) by redesignating paragraphs (9) through (24), as 
     redesignated, as paragraphs (10) through (25), respectively, 
     and inserting after paragraph (8) the following:
       ``(9) the term `code-share relationship' means a 
     relationship pursuant to which any certificated air carrier 
     or foreign air carrier's designation code is used to identify 
     a flight operated by another air carrier or foreign air 
     carrier;''; and
       (D) by inserting ``foreign air carrier,'' after ``terms'' 
     in paragraph (2).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.
                                 ______
                                 
  SA 5601. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed to amendment SA 5441 submitted by Mr. Reid (for 
Mr. Biden (for himself and Mr. Lugar)) and intended to be proposed 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

[[Page 19152]]

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

       In lieu of the matter proposed to be inserted, insert the 
     following:

                       Subtitle E--Other Matters

     SEC. 1241. SPECIAL ENVOY FOR AFGHANISTAN, PAKISTAN, AND 
                   INDIA.

       (a) Statement of Policy.--Congress declares that it is in 
     the national interest of the United States that the countries 
     of Afghanistan, Pakistan, and India work together to address 
     common challenges hampering the stability, security, and 
     development of their region and to enhance their cooperation.
       (b) Establishment.--The President should appoint a special 
     envoy to promote closer cooperation among the countries 
     referred to in subsection (a).
       (c) Appointment.--The special envoy will be appointed with 
     the advice and consent of the Senate and shall have the rank 
     of ambassador.
       (d) Duties.--The primary responsibility of the special 
     envoy, reporting through the Assistant Secretary of State for 
     South and Central Asia, shall be to strengthen and facilitate 
     relations among the countries referred to in subsection (a) 
     for the benefit of stability and economic growth in the 
     region.
                                 ______
                                 
  SA 5602. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed to amendment SA 5566 submitted by Mr. Biden 
(for himself and Mr. Lugar) and intended to be proposed 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:

       In lieu of the matter proposed to be inserted, insert 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;

[[Page 19153]]

       (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;
       (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. SENSE OF CONGRESS ON AUTHORIZATION OF FUNDS.

       (a) Sense of Congress on Authorization of Funds.--It is the 
     sense of Congress that there should be 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. SENSE OF CONGRESS ON COALITION SUPPORT FUNDS.

       It is the sense of Congress that--
       (1) Coalition Support Funds are critical components of the 
     global fight against terrorism and the primary support for 
     military operations of the Government of Pakistan to destroy 
     the terrorist threat and close the terrorist safe haven, 
     known or suspected, in the FATA, the NWFP, and other regions 
     of Pakistan;
       (2) despite the broad discretion Congress granted the 
     Secretary of Defense in terms of managing Coalition Support 
     Funds, the Pakistan reimbursement claims process for 
     Coalition Support Funds requires increased oversight and 
     accountability, consistent with the conclusions of the June 
     2008 report of the United States Government Accountability 
     Office (GAO-08-806); and
       (3) in order to ensure that this significant United States 
     effort in support of countering terrorism in Pakistan 
     effectively ensures the intended use of Coalition Support 
     Funds, and to avoid redundancy in other security assistance 
     programs, such as Foreign Military Financing and Foreign 
     Military Sales, more

[[Page 19154]]

     specific guidance should be generated, and accountability 
     delineated, for officials associated with oversight of this 
     program within the United States Embassy in Pakistan, the 
     United States Central Command, the Department of Defense, the 
     Department of State, and the Office of Management and Budget.

     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 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 5603. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

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

       (a) Prohibition.--
       (1) Contracts.--
       (A) In general.--Notwithstanding any other provision of 
     this Act, all contracts greater than $5 million awarded by 
     the Department of Defense to implement new programs or 
     projects, including congressional initiatives, shall be 
     awarded using competitive procedures in accordance with the 
     requirements of section 2304 of title 10, United States Code, 
     and the Federal Acquisition Regulation.
       (B) Bid requirement.--Except as provided in paragraph (3), 
     no contract maybe awarded by the Department of Defense to 
     implement a new program or project, including a congressional 
     initiative, unless more than one bid is received for such 
     contract.
       (2) Grants.--Notwithstanding any other provision of this 
     Act, no funds may be awarded by the Department of Defense by 
     grant or cooperative agreement to implement a new program or 
     project including a congressional initiative unless the 
     process used to award such grant or cooperative agreement 
     uses competitive or merit-based procedures to select the 
     grantee or award recipient. Except as provided in paragraph 
     (3), no such grant or cooperative agreement may be awarded 
     unless applications for such grant or cooperative agreement 
     are received from two or more applicants that are not from 
     the same organization and do not share any financial, 
     fiduciary, or other organizational relationship.
       (3) Waiver authority.--In general.--If the Secretary of 
     Defense does not receive more than one bid for a contract 
     under paragraph (I)(B) or does not receive more than one 
     application from unaffiliated applicants for a grant or 
     cooperative agreement under paragraph (2), the Secretary may 
     waive such bid or application requirement if the Secretary 
     determines that the new program or project--
       (A) cannot be implemented without a waiver; and
       (B) will help meet important national defense needs.
       (b) Congressional Initiative Defined.--In this section, the 
     term ``congressional initiative'' means a provision of law or 
     a directive contained within a committee report or joint 
     statement of managers of an appropriations Act that 
     specifies--
       (1) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress;
       (2) the specific location at which the work for a project 
     is to be done; and
       (3) the amount of the funds appropriated or otherwise made 
     available for such project.
                                 ______
                                 
  SA 5604. Mr. DURBIN (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:

       On page 360, after line 20, add the following:

                 Subtitle E--Child Soldiers Prevention

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Child Soldiers 
     Prevention Act of 2008''.

     SEC. 1242. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Child soldier.--Consistent with the provisions of the 
     Optional Protocol to the Convention of the Rights of the 
     Child, the term ``child soldier''--
       (A) means--
       (i) any person under 18 years of age who takes a direct 
     part in hostilities as a member of governmental armed forces;
       (ii) any person under 18 years of age who has been 
     compulsorily recruited into governmental armed forces;
       (iii) any person under 15 years of age who has been 
     voluntarily recruited into governmental armed forces; or
       (iv) any person under 18 years of age who has been 
     recruited or used in hostilities by armed forces distinct 
     from the armed forces of a state; and
       (B) includes any person described in clauses (ii), (iii), 
     or (iv) of subparagraph (A) who is serving in any capacity, 
     including in a support role such as a cook, porter, 
     messenger, medic, guard, or sex slave.

     SEC. 1243. PROHIBITION.

       (a) In General.--Subject to subsections (c), (d), and (e), 
     none of the funds appropriated or otherwise made available 
     for international military education and training, foreign 
     military financing, or the transfer of excess defense 
     articles under section 516 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2321j), the Arms Export Control Act (22 
     U.S.C. 2751), or under any Act making appropriations for 
     foreign operations, export financing, and related programs 
     may be obligated or otherwise made available, and no licenses 
     for direct commercial sales of military equipment may be 
     issued to, the government of a country that is clearly 
     identified, pursuant to subsection (b) for the most recent 
     year preceding the fiscal year in which the appropriated 
     funds, transfer, or license, would have been used or issued 
     in the absence of a violation of this subtitle, as having 
     governmental armed forces or government-supported armed 
     groups, including paramilitaries, militias, or civil defense 
     forces, that recruit or use child soldiers.
       (b) Identification and Notification to Countries in 
     Violation of Standards.--
       (1) Publication of list of foreign governments.--The 
     Secretary of State shall include a list of the foreign 
     governments that have violated the standards under this 
     subtitle and are subject to the prohibition in subsection (a) 
     in the report required by section 110(b) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7107(b)).
       (2) Notification of foreign countries.--The Secretary of 
     State shall formally notify any government identified 
     pursuant to subsection (a).
       (c) National Interest Waiver.--
       (1) Waiver.--The President may waive the application to a 
     country of the prohibition in subsection (a) if the President 
     determines that such waiver is in the national interest of 
     the United States.
       (2) Publication and notification.--Not later than 45 days 
     after each waiver is granted under paragraph (1), the 
     President shall notify the appropriate congressional 
     committees of the waiver with the justification for granting 
     such waiver.
       (d) Reinstatement of Assistance.--The President may provide 
     to a country assistance otherwise prohibited under subsection 
     (a) upon certifying to the appropriate congressional 
     committees that the government of such country--

[[Page 19155]]

       (1) has implemented measures that include an action plan 
     and actual steps to come into compliance with the standards 
     outlined in section 1244(b); and
       (2) has implemented policies and mechanisms to prohibit and 
     prevent future government or government-supported use of 
     child soldiers and to ensure that no children are recruited, 
     conscripted, or otherwise compelled to serve as child 
     soldiers.
       (e) Exception for Programs Directly Related to Addressing 
     the Problem of Child Soldiers or Professionalization of the 
     Military.--
       (1) In general.--The President may provide assistance to a 
     country for international military education, training, and 
     nonlethal supplies (as defined in section 2557(d)(1)(B) of 
     title 10, United States Code) otherwise prohibited under 
     subsection (a) upon certifying to the appropriate 
     congressional committees that--
       (A) the government of such country is taking reasonable 
     steps to implement effective measures to demobilize child 
     soldiers in its forces or in government-supported 
     paramilitaries and is taking reasonable steps within the 
     context of its national resources to provide demobilization, 
     rehabilitation, and reintegration assistance to those former 
     child soldiers; and
       (B) the assistance provided by the United States Government 
     to the government of such country will go to programs that 
     will directly support professionalization of the military.
       (2) Limitation.--The exception under paragraph (1) may not 
     remain in effect for a country for more than 2 years.

     SEC. 1244. REPORTS.

       (a) Investigation of Allegations Regarding Child 
     Soldiers.--United States missions abroad shall thoroughly 
     investigate reports of the use of child soldiers.
       (b) Information for Annual Human Rights Reports.--In 
     preparing those portions of the annual Human Rights Report 
     that relate to child soldiers under sections 116 and 502B of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151n (f) and 
     2304(h)), the Secretary of State shall ensure that such 
     reports include a description of the use of child soldiers in 
     each foreign country, including--
       (1) trends toward improvement in such country of the status 
     of child soldiers or the continued or increased tolerance of 
     such practices; and
       (2) the role of the government of such country in engaging 
     in or tolerating the use of child soldiers.
       (c) Annual Report to Congress.--If, in any of the 5 years 
     following the date of the enactment of this Act, a country or 
     countries are notified pursuant to section 1243(b)(2) or a 
     waiver is granted pursuant to section 1243(c)(1), the 
     President shall submit a report to the appropriate 
     congressional committees not later than June 15 of the 
     following year that contains--
       (1) a list of the countries receiving notification that 
     they are in violation of the standards under this subtitle;
       (2) a list of any waivers or exceptions exercised under 
     this subtitle;
       (3) justification for any such waivers and exceptions; and
       (4) a description of any assistance provided under this 
     subtitle pursuant to the issuance of such waiver.

     SEC. 1245. TRAINING FOR FOREIGN SERVICE OFFICERS.

       Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 
     4028) is amended by adding at the end the following:
       ``(c) The Secretary of State, with the assistance of other 
     relevant officials, shall establish as part of the standard 
     training provided for chiefs of mission, deputy chiefs of 
     mission, and other officers of the Service who are or will be 
     involved in the assessment of child soldier use or the 
     drafting of the annual Human Rights Report, instruction on 
     matters related to child soldiers, and the substance of the 
     Child Soldiers Prevention Act of 2008.''.

     SEC. 1246. EFFECTIVE DATE; APPLICABILITY.

       This subtitle, and the amendments made by this subtitle, 
     shall take effect 180 days after the date of the enactment of 
     this Act and shall apply to funds obligated after such 
     effective date.
                                 ______
                                 
  SA 5605. Mr. DURBIN (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed to amendment SA 5511 submitted by Mr. 
Durbin (for himself and Mr. Brownback) and intended to be proposed 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 1 strike line 4 to the end and insert the 
     following:

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Child Soldiers 
     Prevention Act of 2008''.

     SEC. 1242. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Child soldier.--Consistent with the provisions of the 
     Optional Protocol to the Convention of the Rights of the 
     Child, the term ``child soldier''--
       (A) means--
       (i) any person under 18 years of age who takes a direct 
     part in hostilities as a member of governmental armed forces;
       (ii) any person under 18 years of age who has been 
     compulsorily recruited into governmental armed forces;
       (iii) any person under 15 years of age who has been 
     voluntarily recruited into governmental armed forces; or
       (iv) any person under 18 years of age who has been 
     recruited or used in hostilities by armed forces distinct 
     from the armed forces of a state; and
       (B) includes any person described in clauses (ii), (iii), 
     or (iv) of subparagraph (A) who is serving in any capacity, 
     including in a support role such as a cook, porter, 
     messenger, medic, guard, or sex slave.

     SEC. 1243. PROHIBITION.

       (a) In General.--Subject to subsections (c), (d), and (e), 
     none of the funds appropriated or otherwise made available 
     for international military education and training, foreign 
     military financing, or the transfer of excess defense 
     articles under section 516 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2321j), the Arms Export Control Act (22 
     U.S.C. 2751), or under any Act making appropriations for 
     foreign operations, export financing, and related programs 
     may be obligated or otherwise made available, and no licenses 
     for direct commercial sales of military equipment may be 
     issued to, the government of a country that is clearly 
     identified, pursuant to subsection (b) for the most recent 
     year preceding the fiscal year in which the appropriated 
     funds, transfer, or license, would have been used or issued 
     in the absence of a violation of this subtitle, as having 
     governmental armed forces or government-supported armed 
     groups, including paramilitaries, militias, or civil defense 
     forces, that recruit or use child soldiers.
       (b) Identification and Notification to Countries in 
     Violation of Standards.--
       (1) Publication of list of foreign governments.--The 
     Secretary of State shall include a list of the foreign 
     governments that have violated the standards under this 
     subtitle and are subject to the prohibition in subsection (a) 
     in the report required by section 110(b) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7107(b)).
       (2) Notification of foreign countries.--The Secretary of 
     State shall formally notify any government identified 
     pursuant to subsection (a).
       (c) National Interest Waiver.--
       (1) Waiver.--The President may waive the application to a 
     country of the prohibition in subsection (a) if the President 
     determines that such waiver is in the national interest of 
     the United States.
       (2) Publication and notification.--Not later than 45 days 
     after each waiver is granted under paragraph (1), the 
     President shall notify the appropriate congressional 
     committees of the waiver with the justification for granting 
     such waiver.
       (d) Reinstatement of Assistance.--The President may provide 
     to a country assistance otherwise prohibited under subsection 
     (a) upon certifying to the appropriate congressional 
     committees that the government of such country--
       (1) has implemented measures that include an action plan 
     and actual steps to come into compliance with the standards 
     outlined in section 1244(b); and
       (2) has implemented policies and mechanisms to prohibit and 
     prevent future government or government-supported use of 
     child soldiers and to ensure that no children are recruited, 
     conscripted, or otherwise compelled to serve as child 
     soldiers.
       (e) Exception for Programs Directly Related to Addressing 
     the Problem of Child Soldiers or Professionalization of the 
     Military.--
       (1) In general.--The President may provide assistance to a 
     country for international military education, training, and 
     nonlethal supplies (as defined in section 2557(d)(1)(B) of 
     title 10, United States Code) otherwise prohibited under 
     subsection (a) upon certifying to the appropriate 
     congressional committees that--
       (A) the government of such country is taking reasonable 
     steps to implement effective measures to demobilize child 
     soldiers in its forces or in government-supported 
     paramilitaries and is taking reasonable steps within the 
     context of its national resources to provide demobilization, 
     rehabilitation, and reintegration assistance to those former 
     child soldiers; and
       (B) the assistance provided by the United States Government 
     to the government of such country will go to programs that 
     will

[[Page 19156]]

     directly support professionalization of the military.
       (2) Limitation.--The exception under paragraph (1) may not 
     remain in effect for a country for more than 2 years.

     SEC. 1244. REPORTS.

       (a) Investigation of Allegations Regarding Child 
     Soldiers.--United States missions abroad shall thoroughly 
     investigate reports of the use of child soldiers.
       (b) Information for Annual Human Rights Reports.--In 
     preparing those portions of the annual Human Rights Report 
     that relate to child soldiers under sections 116 and 502B of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151n (f) and 
     2304(h)), the Secretary of State shall ensure that such 
     reports include a description of the use of child soldiers in 
     each foreign country, including--
       (1) trends toward improvement in such country of the status 
     of child soldiers or the continued or increased tolerance of 
     such practices; and
       (2) the role of the government of such country in engaging 
     in or tolerating the use of child soldiers.
       (c) Annual Report to Congress.--If, in any of the 5 years 
     following the date of the enactment of this Act, a country or 
     countries are notified pursuant to section 1243(b)(2) or a 
     waiver is granted pursuant to section 1243(c)(1), the 
     President shall submit a report to the appropriate 
     congressional committees not later than June 15 of the 
     following year that contains--
       (1) a list of the countries receiving notification that 
     they are in violation of the standards under this subtitle;
       (2) a list of any waivers or exceptions exercised under 
     this subtitle;
       (3) justification for any such waivers and exceptions; and
       (4) a description of any assistance provided under this 
     subtitle pursuant to the issuance of such waiver.

     SEC. 1245. TRAINING FOR FOREIGN SERVICE OFFICERS.

       Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 
     4028) is amended by adding at the end the following:
       ``(c) The Secretary of State, with the assistance of other 
     relevant officials, shall establish as part of the standard 
     training provided for chiefs of mission, deputy chiefs of 
     mission, and other officers of the Service who are or will be 
     involved in the assessment of child soldier use or the 
     drafting of the annual Human Rights Report, instruction on 
     matters related to child soldiers, and the substance of the 
     Child Soldiers Prevention Act of 2008.''.

     SEC. 1246. EFFECTIVE DATE; APPLICABILITY.

       This subtitle, and the amendments made by this subtitle, 
     shall take effect 180 days after the date of the enactment of 
     this Act and shall apply to funds obligated after such 
     effective date.
                                 ______
                                 
  SA 5606. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 5355 submitted by Mr. Graham (for himself and Mr. 
Lieberman) and intended to be proposed to the bill S. 3001, 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 1041. SENSE OF SENATE ON LEGISLATIVE ACTION REGARDING 
                   HABEAS CORPUS REVIEW FOR DETAINEES AT 
                   GUANTANAMO BAY, CUBA.

       (a) Findings.--The Senate makes the following findings:
       (1) Seven years after the terrorist attacks of September 
     11, 2001, the perpetrators of that heinous deed have yet to 
     be brought to justice.
       (2) Policies that circumvent the requirements of the United 
     States Constitution and international treaties to which the 
     United States is a signatory have created a legal morass that 
     has undermined efforts to bring accused terrorists to 
     justice.
       (3) On four occasions, the Supreme Court has rejected the 
     current Administration's legal rules for individuals at 
     Guantanamo Bay, Cuba, and elsewhere, causing years of delay 
     and uncertainty:
       (A) In Rasul v. Bush, 542 U.S. 466 (2004), the Supreme 
     Court held that the Federal habeas corpus statute applied to 
     detainees held at Guantanamo Bay.
       (B) In Hamdi v. Rumsfeld, 542 U.S. 507 (2004), the Supreme 
     Court held that a United States citizen detained as an enemy 
     combatant on United States soil must be provided a meaningful 
     opportunity to challenge the factual basis for his detention.
       (C) In Hamdan v. Rumsfeld, 548 U.S. 557 (2006), the Supreme 
     Court held that the military commissions established by the 
     Administration violated the Uniform Code of Military Justice 
     and the Geneva Conventions.
       (D) Most recently, in Boumediene v. Bush, 128 S.Ct. 2229 
     (2008), the Supreme Court held unconstitutional relevant 
     provisions of the Military Commissions Act of 2006 (Public 
     Law 109-366), finding that the detainees at Guantanamo Bay 
     have a right to challenge the legality of their detention 
     under the United States Constitution.
       (4) It is important that Congress proceed in a deliberate 
     and thoughtful way to write rules for the treatment of 
     alleged terrorists that will pass constitutional muster.
       (5) Such rules should allow the United States Government to 
     detain, interrogate, and try terrorists who harm the American 
     people or conspire to do so, while also providing procedures 
     that result in a reliable determination of whether the 
     detainee has in fact engaged in such conduct.
       (6) Committees of Congress should continue to hold public 
     hearings, consult with national security and legal experts, 
     and take the time to write responsible, bipartisan 
     legislation regarding this complex issue as necessary.
       (7) Federal judges in the District of Columbia have already 
     begun to consider habeas corpus petitions filed by detainees 
     at Guantanamo Bay and are well equipped to manage the pending 
     litigation. The Supreme Court, in Boumediene v. Bush, 
     expressed confidence that any remaining questions ``are 
     within the expertise and competence of the District Court to 
     address in the first instance''.
       (8) The Federal courts have consolidated all of the habeas 
     corpus cases of Guantanamo Bay detainees in the District 
     Court for the District of Columbia, and the chief judge of 
     that court is coordinating key procedural issues in these 
     cases.
       (9) Federal courts have a long history of considering 
     habeas corpus petitions in sensitive cases and can be trusted 
     to adjudicate these matters in a manner that does not 
     compromise national security in any respect.
       (10) The Federal courts--particularly those of the District 
     of Columbia--have repeatedly demonstrated that they can 
     protect classified information. Federal judges responsibly 
     handled classified information in the cases of Rasul v. Bush, 
     Hamdan v. Rumsfeld, and Boumediene v. Bush, and in the review 
     process under the Detainee Treatment Act in such cases as 
     Bismullah v. Gates, 501 F.3d 178 (D.C. Cir. 2007), and Parhat 
     v. Gates, 532 F.3d 834 (D.C. Cir. 2008). Extensive experience 
     with the Classified Information Procedures Act (CIPA) and the 
     Freedom of Information Act (FOIA) further demonstrates the 
     competence of Federal judges to handle highly sensitive 
     information in a manner that fully addresses national 
     security concerns.
       (11) Both candidates for President of the major political 
     parties have called for significant changes to detention 
     operations at Guantanamo Bay. A new President should be 
     afforded an opportunity to review existing policies and make 
     such recommendations to Congress as he considers necessary 
     and appropriate.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the decision of the Supreme Court in Boumediene v. Bush 
     presents complex legal and logistical issues that cannot be 
     satisfactorily resolved in the closing weeks of the 110th 
     Congress;
       (2) Congress should enact legislation to address these 
     complex matters, as necessary, only after careful and 
     responsible deliberation;
       (3) a hasty legislative response to the Boumediene v. Bush 
     decision would unduly complicate pending litigation and could 
     result in another judicial reversal that would set back the 
     goal of establishing stable and effective anti-terror 
     detention policies;
       (4) the committees of Congress having jurisdiction should 
     undertake, after the convening of the 111th Congress, a full 
     review of the legal and policy issues presented by the 
     opinion in Boumediene v. Bush; and
       (5) the new President should conduct a comprehensive review 
     of anti-terror detention policies and should make 
     recommendations to Congress during his first six months in 
     office for such legislation as he considers necessary to 
     carry out an effective strategy for preventing terrorism and 
     bringing alleged terrorists to justice.
                                 ______
                                 
  SA 5607. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 5536 submitted by Mr. Sessions (for himself, 
Mr. Nelson of Nebraska, Mr. Lieberman, Mr. Kyl, Mr. Inhofe, Mr. Graham, 
Mr. Vitter, Mr. Brownback, and Mr. Chambliss) and intended to be 
proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 1083. SENSE OF THE SENATE ON SUPPORT OF CZECH REPUBLIC 
                   AND POLAND FOR MISSILE DEFENSE EFFORTS.

       (a) Findings.--The Senate makes the following findings:
       (1) The Heads of State and Government of the North Atlantic 
     Treaty Organization (NATO) agreed at the Bucharest Summit on

[[Page 19157]]

     April 3, 2008, that ``[b]allistic missile proliferation poses 
     an increasing threat to Allies' forces, territory and 
     populations''.
       (2) As part of a broad response to counter the ballistic 
     missile threat, the Heads of State and Government of NATO 
     ``recognise the substantial contribution to the protection of 
     Allies from long-range ballistic missiles to be provided by 
     the planned deployment of European-based United States 
     missile defence assets''.
       (3) At the Bucharest Summit, the NATO Heads of State and 
     Government stated that, with respect to the planned 
     deployment of United States missile defense capability, 
     ``[w]e are exploring ways to link this capability with 
     current NATO missile defence efforts as a way to ensure that 
     it would be an integral part of any future NATO wide missile 
     defence architecture''.
       (4) At the Bucharest Summit, the NATO Heads of State and 
     Government stated that, ``[b]earing in mind the principle of 
     the indivisibility of Allied security as well as NATO 
     solidarity, we task the Council in Permanent Session to 
     develop options for a comprehensive missile defence 
     architecture to extend coverage to all Allied territory and 
     populations not otherwise covered by the United States system 
     for review at our 2009 Summit, to inform any future political 
     decision''.
       (5) On July 8, 2008, the United States Government and the 
     Government of the Czech Republic signed an agreement on the 
     stationing of a United States radar facility in the Czech 
     Republic to track ballistic missiles.
       (6) On August 20, 2008, the United States Government and 
     the Government of Poland signed an agreement on the 
     stationing of 10 ground-based missile defense interceptors in 
     Poland.
       (7) Supplemental Status of Forces Agreements (SOFA) 
     regarding the missile defense deployment agreements, not yet 
     signed, are required elements of any final agreements to 
     deploy the planned missile defense capabilities in the Czech 
     Republic and Poland.
       (8) In order to take legal effect, any final bilateral 
     missile defense agreements must be submitted to and ratified 
     by the parliaments of the Czech Republic and Poland, 
     respectively.
       (9) The deployment of the planned United States missile 
     defense system in the Czech Republic and Poland would not 
     provide protection to southeastern portions of NATO territory 
     against missile attack. Additional missile defense 
     capabilities would be required to protect these areas against 
     missile attack, including against existing short- and medium-
     range missile threats.
       (10) According to the Director of Operational Test and 
     Evaluation, the ground-based interceptor planned to be 
     deployed in Poland would require three flight tests to 
     demonstrate whether it could accomplish its mission in an 
     operationally effective manner. Such testing is not expected 
     to begin before the fall of 2009, and is unlikely to be 
     concluded before 2011.
       (11) The Government of Iran continues to defy international 
     calls to cease its uranium enrichment program, has deployed 
     hundreds of short- and medium-range ballistic missiles, and 
     continues to develop and test ballistic missiles of 
     increasing range, as well as a space launch vehicle.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the decisions by the Governments of Poland and the 
     Czech Republic to station elements of a missile defense 
     system on their territory are a clear affirmation of the 
     commitment of those governments to support the defense of 
     NATO member states, including the United States, against the 
     threat of long-range ballistic missiles;
       (2) the Senate--
       (A) recognizes the importance of these decisions taken by 
     the Governments of Poland and the Czech Republic, as well as 
     the statements made by NATO Heads of State and Government 
     relative to missile defense at the Bucharest Summit in April 
     2008; and
       (B) notes the care and seriousness with which the 
     Governments of Poland and the Czech Republic have undertaken 
     their evaluation and consideration of these issues; and
       (3) these decisions will deepen the strategic relationship 
     between the United States Government and the Governments of 
     Poland and the Czech Republic and could make a substantial 
     contribution to the collective capability of NATO to counter 
     future long-range ballistic missile threats.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to modify the requirements of section 226 of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 41), or [section 232] of this 
     Act.
                                 ______
                                 
  T2SA 5608. Mr. CORNYN submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

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

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

       ``(a) Collection.--The Presidential designee shall 
     establish procedures for collecting marked absentee ballots 
     of absent overseas uniformed services voters in regularly 
     scheduled general elections for Federal office, including 
     absentee ballots prepared by States and Federal write-in 
     absentee ballots prescribed under section 103, and for 
     delivering the ballots to the appropriate election officials.
       ``(b) Ensuring Delivery Prior to Closing of Polls.--
       ``(1) In general.--Under the procedures established under 
     this section, the Presidential designee shall ensure that any 
     marked absentee ballot for a regularly scheduled general 
     election for Federal office which is collected prior to the 
     deadline described in paragraph (3) is delivered to the 
     appropriate election official in a State prior to the time 
     established by the State for the closing of the polls on the 
     date of the election.
       ``(2) Contract with express mail providers.--
       ``(A) In general.--The Presidential designee shall carry 
     out this section by contract with one or more providers of 
     express mail services.
       ``(B) Special rule for voters in jurisdictions using post 
     office boxes for collection of marked absentee ballots.--In 
     the case of an absent uniformed services voter who wishes to 
     use the procedures established under this section and whose 
     marked absentee ballot is required by the appropriate 
     election official to be delivered to a post office box, the 
     Presidential designee shall enter into an agreement with the 
     United States Postal Service for the delivery of the ballot 
     to the election official under the procedures established 
     under this section.
       ``(3) Deadline described.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the deadline described in this paragraph is noon (in the 
     location in which the ballot is collected) on the last 
     Tuesday that precedes the date of the election.
       ``(B) Authority to establish alternative deadline for 
     certain locations.--If the Presidential designee determines 
     that the deadline described in subparagraph (A) is not 
     sufficient to ensure timely delivery of the ballot under 
     paragraph (1) with respect to a particular location because 
     of remoteness or other factors, the Presidential designee may 
     establish as an alternative deadline for that location the 
     latest date occurring prior to the deadline described in 
     subparagraph (A) which is sufficient to ensure timely 
     delivery of the ballot under paragraph (1).
       ``(4) Prohibition on refusal by states to accept marked 
     absentee ballots not delivered by postal service or in 
     person.--A State may not refuse to accept or process any 
     marked absentee ballot delivered under the procedures 
     established under this section on the grounds that the ballot 
     is received by the State other than through delivery by the 
     United States Postal Service.
       ``(c) Tracking Mechanism.--Under the procedures established 
     under this section, the entity responsible for delivering 
     marked absentee ballots to the appropriate election officials 
     shall implement procedures to enable any individual whose 
     ballot for a regularly scheduled general election for Federal 
     office is collected by the Presidential designee to determine 
     whether the ballot has been delivered to the appropriate 
     election official, using the Internet, an automated telephone 
     system, or such other methods as the entity may provide.
       ``(d) Absent Overseas Uniformed Services Voter Defined.--In 
     this section, the term `absent overseas uniformed services 
     voter' means an overseas voter described in section 
     107(5)(A).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Presidential designee 
     such sums as may be necessary to carry out this section.''.
       (2) Effective date.--Section 103A of the Uniformed and 
     Overseas Citizens Absentee Voting Act, as added by this 
     subsection, shall apply with respect to the regularly 
     scheduled general election for Federal office held on or 
     after--
       (A) November 2008; or
       (B) if the Presidential designee determines that such date 
     is not feasible, a date determined feasible by the 
     Presidential designee (but in no case later than November 
     2010).
       (b) Conforming Amendments.--
       (1) Federal responsibilities.--Section 101(b) of such Act 
     (42 U.S.C. 1973ff(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (6);
       (B) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:

[[Page 19158]]

       ``(8) carry out section 103A with respect to the collection 
     and delivery of marked absentee ballots of absent overseas 
     uniformed services voters in elections for Federal office.''.
       (2) State responsibilities.--Section 102(a) of such Act (42 
     U.S.C. 1973ff--1(a)) is amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(6) carry out section 103A(b)(2) with respect to the 
     processing and acceptance of marked absentee ballots of 
     absent overseas uniformed services voters.''.
       (c) Outreach for Absent Overseas Uniformed Services Voters 
     on Procedures.--The Presidential designee shall take 
     appropriate actions to inform individuals who are anticipated 
     to be absent overseas uniformed services voters in the 
     regularly scheduled general election for Federal office held 
     in November 2008 of the procedures for the collection and 
     delivery of marked absentee ballots established pursuant to 
     section 103A of the Uniformed and Overseas Citizens Absentee 
     Voting Act, as added by subsection (a), including the manner 
     in which such voters may utilize such procedures for the 
     submittal of marked absentee ballots in regularly scheduled 
     elections for Federal office.
       (d) Reports on Utilization of Procedures.--
       (1) Reports required.--Not later than 180 days after each 
     regularly scheduled general election for Federal office held 
     after January 1, 2008, the Presidential designee shall submit 
     to the congressional defense committees a report on the 
     utilization of the procedures for the collection and delivery 
     of marked absentee ballots established pursuant to section 
     103A of the Uniformed and Overseas Citizens Absentee Voting 
     Act, as so added, during such general election.
       (2) Elements.--Each report under paragraph (1) shall 
     include, for the general election covered by such report, a 
     description of the utilization of the procedures described in 
     that paragraph during such general election, including the 
     number of marked absentee ballots collected and delivered 
     under such procedures.
       (e) Report on Status of Implementation.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Presidential designee 
     shall submit to the congressional defense committees a report 
     on the status of the implementation of the program for the 
     collection and delivery of marked absentee ballots 
     established pursuant to section 103A of the Uniformed and 
     Overseas Citizens Absentee Voting Act, as added by subsection 
     (a).
       (2) Elements.--The report under paragraph (1) shall include 
     a status of the implementation of the program and a detailed 
     description of the specific steps taken towards its 
     implementation for November 2008, November 2009, and November 
     2010.
       (f) Definitions.--In this section:
       (1) The term ``absent overseas uniformed services voter'' 
     has the meaning given that term in section 103A(d) of the 
     Uniformed and Overseas Citizens Absentee Voting Act, as added 
     by subsection (a).
       (2) The term ``Presidential designee'' means the official 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).

     SEC. 588. PROHIBITION ON REFUSAL TO ACCEPT VOTER REGISTRATION 
                   AND ABSENTEE BALLOT APPLICATIONS AND FEDERAL 
                   WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET 
                   NONESSENTIAL REQUIREMENTS.

       (a) Voter Registration and Absentee Ballot Applications.--
     Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended by adding at the 
     end the following new subsection:
       ``(e) Prohibiting Refusal To Accept Applications for 
     Failure To Meet Nonessential Requirements.--A State shall 
     accept and process any otherwise valid voter registration 
     application or absentee ballot application (including the 
     official post card form prescribed under section 101) 
     submitted in any manner by an absent uniformed services voter 
     or overseas voter that contains the information required on 
     the official post card form prescribed under section 101 
     (other than information which the Presidential designee, in 
     consultation with the Election Assistance Commission and the 
     Election Assistance Commission Board of Advisors under 
     section 214(a)(1)-(16), determines, under regulations 
     promulgated by the Presidential designee, is not clearly 
     necessary to prevent fraud in the conduct of elections).''.
       (b) Federal Write-in Absentee Ballot.--Section 103 of such 
     Act (42 U.S.C. 1973ff-2) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Prohibiting Refusal To Accept Ballot for Failure To 
     Meet Nonessential Requirements.--A State shall accept and 
     process any otherwise valid Federal write-in absentee ballot 
     submitted in any manner by an absent uniformed services voter 
     or overseas voter that contains the information required to 
     be submitted with such ballot by the Presidential designee 
     (other than information which the Presidential designee, in 
     consultation with the Election Assistance Commission and the 
     Election Assistance Commission Board of Advisors under 
     section 214(a)(1)-(16), determines, under regulations 
     promulgated by the Presidential designee, is not clearly 
     necessary to prevent fraud in the conduct of elections).''.
                                 ______
                                 
  SA 5609. 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 C of title XXVIII, add the 
     following:

     SECTION 2822. EASTLAKE, OHIO.

       (a) Release of Restrictions.--Subject to the requirements 
     of this section, the Administrator of General Services is 
     authorized to release the restrictions contained in the deed 
     that conveyed to the city of Eastlake, Ohio, the parcel of 
     real property described in subsection (b).
       (b) Property Description.--The parcel of real property 
     referred to in subsection (a) is the site of the John F. 
     Kennedy Senior Center located at 33505 Curtis Boulevard, city 
     of Eastlake, Ohio, on 10.873 acres more or less as conveyed 
     by the deed from the General Services Administration dated 
     July 20, 1964, and recorded in the Lake County Ohio 
     Recorder's Office in volume 601 at pages 40-47.
       (c) Consideration.--
       (1) In general.--The city of Eastlake shall pay to the 
     Administrator $30,000 as consideration for executing the 
     release under subsection (a).
       (2) Deposit of proceeds.--The Administrator shall deposit 
     any funds received under paragraph (1) into the Federal 
     Buildings Fund established under section 592 of title 40, 
     United States Code.
       (3) Availability of amounts deposited.--To the extent 
     provided in appropriations Acts, amounts deposited into the 
     Federal Buildings Fund under paragraph (2) shall be available 
     for the uses described in section 592(b) of title 40, United 
     States Code.
       (d) Filing of Instruments to Execute Release.--The 
     Administrator shall execute and file in the appropriate 
     office or offices a deed of release, amended deed, or other 
     appropriate instrument effectuating the release under 
     subsection (a).

     SEC. 2823. KOOCHICHING COUNTY, MINNESOTA.

       (a) Conveyance Authorized.--Subject to the requirements of 
     this section, the Administrator of General Services shall 
     convey to Koochiching County, Minnesota, the parcel of real 
     property described in subsection (b), including any 
     improvements thereon.
       (b) Property Description.--The parcel of real property 
     referred to in subsection (a) is the approximately 5.84 acre 
     parcel located at 1804 3rd Avenue in International Falls, 
     Minnesota, which is the former site of the Koochiching Army 
     Reserve Training Center.
       (c) Quitclaim Deed.--The conveyance of real property under 
     subsection (a) shall be made through a quit claim deed.
       (d) Consideration.--
       (1) In general.--Koochiching County shall pay to the 
     Administrator $30,000 as consideration for a conveyance of 
     real property under subsection (a).
       (2) Deposit of proceeds.--The Administrator shall deposit 
     any funds received under paragraph (1) (less expenses of the 
     conveyance) into a special account in the Treasury 
     established under section 572(b)(5)(A) of title 40, United 
     States Code.
       (3) Availability of amounts deposited.--To the extent 
     provided in appropriations Acts, amounts deposited into a 
     special account under paragraph (2) shall be available to the 
     Secretary of the Army in accordance with section 572(b)(5)(B) 
     of title 40, United States Code.
       (e) Reversion.--The conveyance of real property under 
     subsection (a) shall be made on the condition that the 
     property will revert to the United States, at the option of 
     the United States, without any obligation for repayment of 
     the purchase price for the property, if the property ceases 
     to be held in public ownership or ceases to be used for a 
     public purpose.
       (f) Other Terms and Conditions.--The conveyance of real 
     property under subsection (a) shall be made subject to such 
     other terms and conditions as the Administrator considers 
     appropriate to protect the interests of the United States.
       (g) Deadline.--The conveyance of real property under 
     subsection (a) shall be made not later than 90 days after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 5610. Ms. COLLINS 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

[[Page 19159]]

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. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

       (a) Authority to Modify Definition of ``Small Arms 
     Production Industrial Base''.--Section 2473(c) of title 10, 
     United States Code, is amended by inserting before the period 
     at the end the following: ``, and any subsequent 
     modifications to such list of firms pursuant to a review by 
     the Secretary of Defense''.
       (b) Review of Small Arms Production Industrial Base.--Not 
     later than September 30, 2009, the Secretary of Defense shall 
     review and determine, based upon manufacturing capability and 
     capacity--
       (1) whether any firms included in the small arms production 
     industrial base should be eliminated or modified and whether 
     any additional firms should be included; and
       (2) whether any of the small arms listed in section 2473(d) 
     of title 10, United States Code, should be eliminated from 
     the list or modified on the list, and whether any additional 
     small arms should be included in the list.
                                 ______
                                 
  SA 5611. Ms. COLLINS (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed by her to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 812 and insert the following:

     SEC. 812. CONTINGENCY CONTRACTING CORPS.

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

     ``SEC. 44. CONTINGENCY CONTRACTING CORPS.

       ``(a) Establishment.--The Administrator shall establish a 
     pilot program that creates a government-wide Contingency 
     Contracting Corps (in this section, referred to as the 
     `Corps'). The members of the Corps shall be available for 
     deployment in responding to disasters, natural and man-made, 
     and contingency operations both within and outside the 
     continental United States.
       ``(b) Concept of Operations.--Not later than 180 days after 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2009, the Office of Federal 
     Procurement Policy, in coordination with the Secretary of 
     Defense, the Secretary of Homeland Security, and the 
     Secretary of State, shall provide the appropriate 
     congressional committees a concept of operations (CONOPS) 
     that provides details on the organizational structure of the 
     Corps, chain of command for on-call and deployed members of 
     the Corps, training and equipment requirements for members of 
     the Corps, and funding requirements related to the operation, 
     training, and equipping of the Corps, and any other matters 
     relating to the efficient establishment and operation of the 
     Corps.
       ``(c) Membership.--Membership in the Corps shall be 
     voluntary and open to all Federal employees, including 
     uniformed members of the Armed Services, who are currently 
     members of the Federal acquisition workforce.
       ``(d) Education and Training.--The Administrator may 
     establish additional educational and training requirements, 
     and may pay for these additional requirements from funds 
     available in the acquisition workforce training fund.
       ``(e) Salary.--The salaries for members of the Corps shall 
     be paid by their parent agencies out of existing 
     appropriations.
       ``(f) Authority To Deploy the Corps.--The Administrator, or 
     the Administrator's designee, shall have the authority, upon 
     the request of an executive agency, to determine when 
     civilian agency members of the Corps shall be deployed, in 
     consultation with the head of the agency or agencies 
     employing the members to be deployed. With respect to members 
     of the Corps who are also members of the Armed Forces or 
     civilian personnel of the Department of Defense, the 
     Secretary of Defense, or the Secretary's designee, must 
     concur in the Administrator's deployment determinations.
       ``(g) Annual and Final Pilot Program Reports.--
       ``(1) Annual report.--
       ``(A) In general.--The Administrator shall provide to the 
     appropriate congressional committees an annual report on the 
     status of the Corps.
       ``(B) Content.--At a minimum, each report under 
     subparagraph (A) shall include the number of members of the 
     Corps, the fully burdened cost of operating the program, the 
     number of deployments of members of the program, and the 
     performance of members of the program in deployment.
       ``(2) Pilot program report.--
       ``(A) In general.--Not later than four years after the 
     concept of operations required by subsection (b) is provided 
     to the appropriate congressional committees, the 
     Administrator, in coordination with the Secretary of Defense, 
     the Secretary of Homeland Security, and the Secretary of 
     State, shall provide an assessment of the pilot program 
     established by this section and make any recommendations 
     relating to continuation or modification of the Corps.
       ``(B) Content.--At a minimum, the report required by 
     subparagraph (A) shall include, disaggregated by year and in 
     summary, the number of members of the Corps, training 
     accomplished, equipment provided, the fully burdened cost of 
     operating the program, any operations for which the Corps was 
     deployed, an assessment of the effectiveness of the command 
     and control structure for the Corps, an assessment of the 
     integration of deployed members of the Corps with other 
     agencies (both at the members' parent agencies and while 
     deployed), and the performance of members of the Corps during 
     any deployments.
       ``(h) Effective Dates.--
       ``(1) In general.--Subject to paragraphs (2) and (3), this 
     section shall take effect upon the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2009.
       ``(2) Establishment and deployment of corps.--The 
     Administrator may not establish or deploy the Corps until the 
     concept of operations required by subsection (b) has been 
     submitted to the appropriate congressional committees.
       ``(3) Pilot program termination.--
       ``(A) In general.--Subject to subparagraph (B), the 
     authority provided under this section shall terminate five 
     years after submission to the appropriate congressional 
     committees of the concept of operations required by 
     subsection (b).
       ``(B) No effect on ongoing deployments.--Expiration of the 
     authority provided under this section shall not affect any 
     deployment of the Corps that occurred prior to the 
     termination of the authority under subparagraph (A), and any 
     such deployment shall continue as authorized by this section 
     prior to its termination.
       ``(i) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Foreign Relations of the Senate; and
       ``(2) the Committee on Armed Services, the Committee on 
     Oversight and Government Reform, and the Committee on Foreign 
     Affairs of the House of Representatives.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end the 
     following new item:

``Sec. 44. Contingency Contracting Corps.''.
                                 ______
                                 
  SA 5612. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 5593 submitted by Mr. Kerry (for himself and Mr. Smith) 
and intended to be proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) irrespective of the origins of the recent conflict in 
     Georgia, the disproportionate military response by the 
     Russian Federation on the sovereign, internationally 
     recognized territory of Georgia, including the South Ossetian 
     Autonomous Region (referred to in this section as ``South 
     Ossetia'') and the Autonomous Republic of Abkhazia (referred 
     to in this section as ``Abkhazia''), is in violation of 
     international law and commitments of the Russian Federation;
       (2) the actions undertaken by the Government of the Russian 
     Federation in Georgia have diminished its standing in the 
     international community and should lead to a review of 
     existing, developing, and proposed multilateral and bilateral 
     arrangements;
       (3) the United States continues to have interests in common 
     with the Russian Federation, including combating the 
     proliferation of nuclear weapons and fighting terrorism, and 
     these interests can, over time, serve as the basis for 
     improved long-term relations;
       (4) the Government of the Russian Federation should 
     immediately comply with the September 8, 2008, follow-on 
     agreement to the 6-point cease-fire agreement negotiated on 
     August 12, 2008;
       (5) the Government of the Russian Federation and the 
     Government of Georgia should--
       (A) refrain from the future use of force to resolve the 
     status of Abkhazia and South Ossetia; and
       (B) work with the United States, Europe, and other 
     concerned countries and through

[[Page 19160]]

      the United Nations Security Council, the Organization for 
     Security and Cooperation in Europe, and other international 
     fora to identify a political settlement that addresses the 
     short-term and long-term status of Abkhazia and South 
     Ossetia, in accordance with prior United Nations Security 
     Council resolutions;
       (6) the United States should--
       (A) provide humanitarian and economic assistance to 
     Georgia;
       (B) seek to improve commercial relations with Georgia; and
       (C) working in tandem with the international community, 
     continue to support the development of a strong, vibrant, 
     multiparty democracy in Georgia;
       (7) the President should consult with Congress on future 
     security cooperation and assistance to Georgia, as 
     appropriate;
       (8) the United States continues to support the North 
     Atlantic Treaty Organization declaration reached at the 
     Bucharest Summit on April 3, 2008; and
       (9) the United States should work with the European Union, 
     Georgia, and its neighbors to ensure the free flow of energy 
     to Europe and the operation of key communication and trade 
     routes.
                                 ______
                                 
  SA 5613. 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:

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

     SEC. 2842. WATER CONSERVATION INVESTMENT PROGRAM.

       (a) Establishment of Account.--There is hereby established 
     on the books of the Treasury an account to be known as the 
     ``Department of Defense Water Conservation Investment Program 
     Account'' (in this section referred to as the ``Account'').
       (b) Credits to Account.--The Account shall consist of the 
     following:
       (1) Amounts appropriated to the Account.
       (2) Amounts transferred pursuant to appropriations Acts to 
     the Account from operation and maintenance or military 
     construction accounts of the Department of Defense.
       (c) Use of Funds.--To the extent provided in appropriations 
     Acts, funds in the account may be used--
       (1) to carry out construction or other projects authorized 
     by section 2866 of title 10, United States Code; or
       (2) to comply with the requirements of Executive Order No. 
     13423 (January 24, 2007) or any successor Executive Order 
     relating to water conservation.
                                 ______
                                 
  SA 5614. Mr. LEVIN (for Mr. Akaka) proposed an amendment to the bill 
S. 3023, to amend title 38, United States Code, to improve and enhance 
compensation and pension, housing, labor and education, and insurance 
benefits for veterans, and for other purposes; as follows:

       Strike section 311.
       Strike section 401 and insert the following:

     SEC. 401. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES 
                   OF THE UNITED STATES COURT OF APPEALS FOR 
                   VETERANS CLAIMS.

       Section 7253 is amended by adding at the end the following 
     new subsection:
       ``(i) Additional Temporary Expansion of Court.--(1) Subject 
     to paragraph (2), effective as of December 31, 2009, the 
     authorized number of judges of the Court specified in 
     subsection (a) is increased by two.
       ``(2) Effective as of January 1, 2013, an appointment may 
     not be made to the Court if the appointment would result in 
     there being more judges of the Court than the authorized 
     number of judges of the Court specified in subsection (a).''.
       On page 47, between lines 20 and 21, insert the following:
       ``(15) An assessment of the workload of each judge of the 
     Court, including consideration of the following:
       ``(A) The time required of each judge for disposition of 
     each type of case.
       ``(B) The number of cases reviewed by the Court.
       ``(C) The average workload of other Federal judges''.
                                 ______
                                 
  SA 5615. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 72, after line 20, add the following:

     SEC. 314. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS 
                   REGARDING DEPARTMENT OF DEFENSE ENERGY 
                   EFFICIENCY PROGRAMS.

       Section 317(e) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1054) is 
     amended to read as follows:
       ``(e) Reporting Requirements.--
       ``(1) In general.--Not later than January 1, 2002, and each 
     January 1 thereafter through 2013, the Secretary shall submit 
     to the congressional defense a report regarding progress made 
     toward achieving the energy efficiency goals of the 
     Department of Defense, consistent with the provisions of 
     section 303 of Executive Order 13123 (64 Fed. Reg. 30851; 42 
     U.S.C. 8521 note) and section 11(b) of Executive Order 13423 
     (72 Fed. Reg. 3919; 42 U.S.C. 4321 note).
       ``(2) Reports submitted after january 1, 2008.--Each report 
     required under paragraph (1) that is submitted after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2009 shall include the following:
       ``(A) A description of steps taken to ensure that facility 
     and installation management goals are consistent with current 
     legislative and other requirements, including applicable 
     requirements under the Energy Independence and Security Act 
     of 2007 (Public Law 110-140).
       ``(B) A description of steps taken to determine best 
     practices for measuring energy consumption in Department of 
     Defense facilities and installations in order to use the data 
     for better energy management.
       ``(C) A description of steps taken to comply with 
     requirements of the Energy Independence and Security Act of 
     2007, including new design and construction requirements for 
     buildings.
       ``(D) A description of steps taken to comply with section 
     533 of the National Energy Conservation Policy Act (42 U.S.C. 
     8259b), regarding the supply by the General Services 
     Administration and the Defense Logistics Agency of Energy 
     Star and Federal Energy Management Program (FEMP) designated 
     products to its Department of Defense customers.
       ``(E) A description of steps taken to encourage the use of 
     Energy Star and FEMP designated products at military 
     installations in government or contract maintenance 
     activities.
       ``(F) A description of steps taken to comply with standards 
     for projects built using appropriated funds and established 
     by the Energy Independence and Security Act of 2007 for 
     privatized construction projects, whether residential, 
     administrative, or industrial.''.
                                 ______
                                 
  SA 5616. Mr. KERRY (for himself and Ms. Snowe) 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. COMMERCIALIZATION PILOT PROGRAM.

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

[[Page 19161]]

       ``(B) use incentives in effect on the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2009, 
     or create new incentives, to encourage agency program 
     managers and prime contractors to meet the goal under 
     subparagraph (A); and
       ``(C) include in the annual report to Congress the 
     percentage of contracts described in subparagraph (A) awarded 
     by that Secretary, which shall include information on the 
     ongoing status of projects funded through the 
     Commercialization Pilot Program and efforts to transition 
     these technologies into programs of record or fielded 
     systems.''; and
       (5) in paragraph (8), as so redesignated, by striking 
     ``fiscal year 2009'' and inserting ``fiscal year 2014''.
                                 ______
                                 
  SA 5617. Mr. KERRY (for himself and Ms. Snowe) 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. SMALL HIGH-TECH FIRMS.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended by striking ``2008'' and inserting 
     ``2010''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``2009'' and 
     inserting ``2011''.

                          ____________________